Kim Dotcom & the Illusion of Freedom

I’m still stuck on the following dependent clause:  “In a dramatic series of tweets,…”

I can’t help it. That’s just funny.  Because for me personally, the verb tweet will never quite convey the kind of gravity that begs for an adjective like dramatic.  But that’s just my personal taste for what Roy Blount Jr. calls “sonicy” in discussing the correlation between the sound of words and their meanings.  Nevertheless, “In a dramatic series of tweets,” writes Kaveh Waddell for National Journal, the infamous Kim Dotcom declared himself “HIlary’s worst nightmare” with his vow to establish a foothold for his New Zealand Internet Party here in the United States – a party that has yet to gain an actual foothold in New Zealand, by the way.

One might think that Dotcom’s status as a fugitive from U.S. justice, continuing to fight extradition for mass intellectual property infringement, racketeering, and a few other charges, would preclude his laying the groundwork for a new political party in this country, but we do live in strange, some might say psychotic, times, so never say never.  At least never say never about what Dotcom represents to some people.  I think it’s safe to say that Kim Schmidtz himself has no future in American politics in any literal sense and is unlikely to be Hilary’s “biggest nightmare,” if Mrs. Clinton decides to run in 2016, but this particular corpulent criminal still spews a rhetoric that resonates with young and understandably frustrated American citizens.  And by rhetoric I mean an echo chamber from which there is no escape.

I know what the Green Party is, but what the hell is the Internet Party? It makes as much sense to me as the Paved Sidewalk Party. The “internet” is a work of infrastructure.  The current manner in which the internet is used is not the only way in which it could have been or can be used or might be used in the future. In fact, the design and economics of Web 2.0 are in many ways an aberration of the visions of some of the web’s early pioneers.  The internet had its roots in sharing information among colleagues, in openness, and in building a better world through information, but that is not quite the internet we have today.  The internet we have today belongs to a handful of corporate owners, who more than a decade ago, traded in any lofty visions they might have had for the wealth derived from advertising and the power derived by designing the most sophisticated, yet ironically voluntary, surveillance state in global history.

Kim Dotcom himself may be a joke (let’s hope so), but the rhetoric he coughs up, the rhetoric still being shouted from Silicon Valley is in reality just the cosmic background noise of long-exploded dreams of the digital pioneers who no longer influence the evolution of the web we are using. I believe that many people are desperate for new answers, fed up with government both left and right, and continue to buy this premise that “a free and open internet,” the central plank of any Internet Party, is essential for a more progressive, less authoritarian future.  But who defines what a “free and open internet” is?  Should such a political party become manifest in the U.S., that definition will surely come from the financial backers of that party, and they will be the same plutocrats whom we empower and enrich with every tweet, text, status update, and agreement to their terms of service we don’t bother to read.

The EFF’s Maria Sutton yesterday wrote yet another post asserting that the DMCA, the legal mechanism used to request takedowns of material that infringes copyright is the quickest and easiest way for “state officials to censor online speech.”  Hmm.  The documentary film  Terms and Conditions May Apply highlights three or four cases in which citizens were subjected to, shall we say, unfortunate encounters with various authorities resulting from innocuous posts and searches online.  The lesson is that privacy is dead, any of us can be un-anonymized, and companies like Google and Facebook are not only profiting from all our voluntary data sharing but are the surveillance database for the government agencies we’re supposed to be concerned about.  People like Maria Sutton write articles about videos on YouTube being taken down, even temporarily, as though to imply that this kind of “censorship” is the leading edge of a slippery slope.  But anyone who thinks this way doesn’t realize we’re already in the middle of the avalanche. A free and open internet my ass.  Sutton even cites one anecdote of a takedown in Saudi Arabia without any acknowledgement that free speech in that country has a long way to go past its murderous history before we need to worry about the temporary removal of some videos from YouTube.  People get shot for speaking their minds, and speech somehow survives.  And in the U.S., where speech is everything, our overvaluation of these social media toys, as though speech itself depends on their unfettered existence, is probably the fastest way to bring about the end of free speech because it’s not a one-way street.  These platforms enable us to, as my son says, “spy on ourselves.”

And the real irony of this misguided premise — that it’s those bastard copyright holders who foster censorship — is that intellectual property rights are about the only thing left that Google, Facebook, et al can’t quite get their hands on.  We’ve already ceded privacy and potentially some rather more serious expectations of civil liberty.  After all, there is no legal guarantee of privacy, and by volunteering information through social media, we actually waive our 4th Amendment rights with regard to government use of that data.  But intellectual property law remains.  It says that what I author belongs to me, and you can’t have it unless I say so.  Kim Dotcom made millions breaking that law and called it “freedom,” and the tech billionaires who would back an “internet party” would like to see those laws gone.  They’ll tell you it’s for the good of society.  I say, it’s because it’s the only form of speech left for them to steal.

Kim Dotcom on “60 Minutes.” Meh.

Getty Images.
Getty Images.

Last night, CBS news magazine 60 Minutes aired a segment featuring the flamboyant internet pirate Kim Dotcom (Kim Schmitz), whose Megaupload cyberlocker site was taken down in early 2012 after a dramatic raid on his luxury compound in New Zealand.  Charged with contributing to, inciting, and profiting from mass copyright infringement as well as related charges of racketeering and money laundering, Dotcom, a German, remains under mansion arrest in his adopted country hoping to avoid extradition to the United States, where he would stand trial.

If you only understood half of what I just said, (e.g. what’s a cyberlocker?), you’re not alone. Not only do I believe relatively few Americans have ever heard of Kim Dotcom or necessarily know what he did, it’s likely that an even smaller set of those who have heard of the man are at this moment particularly concerned about his fate — this despite Kim’s efforts to cast himself in the role of Robin Hood to the MPAA’s Sheriff of Nottingham.    Fortunately, this particular message isn’t really flying with just about anybody other than those one might call internet extremists, and I was pleased that CBS’s Bob Simon did not provide Dotcom a soapbox for his bogus ideological prattling.  That said, that’s about as much credit I can give to the segment, which was a bit of a puff piece, to be honest.

While Simon did push back at Dotcom for his claims to be “just a businessman,” he did let slide the oft-repeated argument Kim has made that it’s not his responsibility who uploads what to his site.  For one thing, Simon might have pointed to the fact that the charges against him include incitement to promote mass infringement by offering Megaupload users money and other forms of compensation specifically for uploading highly-popular filmed entertainment and music.  Even if this weren’t true, though, Dotcom is effectively asking people to believe he was siting there in New Zealand just minding his own business thinking (read with German accent), “I haff no idea ver zees millions of dollars are coming from! Please tell somebody ziss is not my fault!  I do not mean to be making all ziss money!”  Yeah, but really, that’s what he’s saying, and Bob Simon could have jabbed a little harder at the assertion that Dotcom didn’t know what he was doing.

Instead, the segment did include just enough time touring Kim Dotcom’s luxury compound that CBS can probably share the footage with MTV for a Cribs episode (is that still on?). I get why having Schmitz on the show might have attracted eyeballs, but overall the journalism felt mailed in, particularly in light of the fact that the 60 Minutes demographic probably skews toward an audience that doesn’t really know much about the issue of piracy or how it works. Simon didn’t do much in the way of providing context for the viewer or explain the nature of the charges against Dotcom.  Even the segment title “Hollywood’s Villain” is a bit glib and careless, considering the issue of internet piracy goes well beyond a feud between a couple of movie studios and one man.  In fact, one might have thought Dotcom suggested the title himself since his latest spiel is that Hollywood and the USDOJ  singled him out just because his lavish, super-villain-like persona make him such an “attractive target.”  Granted, as my friend said, “He’s like Auric Goldfinger without the class,” but I don’t think anyone sane believes for a moment that’s why he’s under indictment. Thus, even the few minutes in the segment devoted to examining this proposition, while entertaining, was a waste of time that could have been spent addressing some of the facts in the case.

There are interesting people in the world doing some extraordinary things with technology, some who even propose to address numerous challenges faced by millions just in their daily struggle to survive.  Against this backdrop, 60 Minutes has to work a little harder to make a guy seem interesting because he got rich by enabling already-privileged kids to watch Transformers: Dark of the Moon for free.

Find a Real Cause

                   

Let’s compare.  Both of these videos are technically marketing pieces. I would know as I’ve made a few hundred marketing videos in my career.  But what is each video selling, and how is each doing its job?

The video on the left is produced by Kim Dotcom and is selling one message:  Free Kim Dotcom.  The video on the right is produced by The What Took You So Long Foundation, and it is selling one message:  TEDx is a force for positive change in the world. Dotcom’s video has nearly one million views; the TEDx video, just over one thousand.  The former is an example of what I consider the most destructive and cynical manifestations of the digital age, while the latter represents what I perceive as the best in next-gen, progressive spirit connected and empowered by technology.

Dotcom’s video is more than a little creepy. It uses the desaturated hues we associate with post-apocalyptic movies, a fake TV-noise plug-in to give Dotcom himself a subversive, underground appeal; repeated images of angry mobs hiding behind Guy Fawkes masks to enhance the theater of revolution; and a catchy, electronica tune with lyrics that speak of humanism in contrast to the almost threatening, dystopian montage.

Dotcom may have the gall to compare himself to Martin Luther King, but the video is actually more reminiscent of a terrorist training film than a promo for social change, and that’s why it’s effective.  It takes a cynical, pseudo-revolutionary video to appeal to a cynical psychology — one that actually believes that streaming stolen creative media via torrent sites is somehow striking a blow for freedom and justice in the world.

By contrast, everything we see in the TEDx video is exactly the opposite in sensibility and intent.  First, we see faces, a lot of faces of real people who left their desktops and traveled to Doha to participate in something and engage in physical interaction. Not that the TED enterprise is without its flaws, but this video itself taps into what I would describe as a progressive deconstruction of institutions — a global “think different” consciousness that very likely will bypass traditional means to solve real problems like hunger, disease, and poverty.

When Eiso Vaandager says toward the end of the video that he “envisions the UN coming to TEDx organizers to solve a problem they can’t,” this is the kind of audacious claim worthy of our attention; and it only underscores just how offensive it is to hear Kim Schmitz use the same media to compare himself to civil rights leaders and other legitimate heroes.

I suspect the jaundiced supporters of the Dotcom video imagine themselves somehow allied with the proactive folks in the TEDx video because, of course, people have a tendency to believe in associative relationships among things that sound similar (both are bucking systems, aren’t they?); but there really is no comparison.  Dotcom’s video targets Americans — people who already enjoy freedom, and it aims to convince them that his incarceration would be their prison, too. The TEDx video targets a global community, and it aims to convince people that energy, willingness, and intelligence can solve real issues.

Of course the word freedom is a slippery little bugger. It gets used by everyone from peace activists to corporate fat cats to terrorists; and Dotcom is merely following in a long tradition of vested interests abusing the concept to defend personal gain and deflect attention away from the harm he does. As an artist and an American, I cherish the First Amendment above all other laws; and it is destructive both to creative works and to the First Amendment when a guy like Schmitz presumes to hide his theft of the former behind the humanistic benevolence of the latter.

If what you envision is legit social change, there are plenty of progressive and tangible ways to take action — everything from just supporting a crowd-funding campaign for a cause to lending actual knowledge, assistance, or muscle to a project of interest. But streaming free entertainment in order to fill the pockets of a guy who has produced exactly nothing in the world counts for less than zero on the social change meter.

There is actual oppression in the world, real sorrow, real evil worth your attention and action. Right now, thousands of human beings worldwide are being trafficked as sex or labor slaves; too much of the technology we take for granted is being produced by hands in poor working conditions; climate change is real; terrorism is real; hunger is real; there’s a revolution in Syria you might have heard about; the Iranian government is playing a dangerous and complex game; we have thousands of homeless and suicidal veterans here in the U.S.; Russia just sentenced musicians to prison for performing a protest song; oh, and the world economy is still pretty shaky.  If you’re looking for heroes and villains, they’re out there; but if Dotcom and Hollywood fit those definitions for you respectively, you’re more than a little naive.