From: Pamela Kellet <pck2104@columbia.edu>
  To  : <cpc@emoglen.law.columbia.edu>
  Date: Fri, 24 Mar 2006 03:36:05 -0500

Re: [CPC] Paper2: Letting Go of the Rogue Box of Cheerios

I must admit that at first I was surprised to hear myself described as 
pessimistic. However, upon reading Matt's paper from Law and the Internet 
Society, I began to think that perhaps I am. I am skeptical about the 
Norwood solution for several reasons (some of which may originate from my 
ignorance/assumptions of the programming and hardware requirements) but let 
me begin with this:

Doesn't the proposal assume that everyone (or at least a large enough 
percentage to make a market difference) have access to a 
cellphone/PDA/personal shopper? Assuming arguendo that most people have a 
cell phone, would the hardware necessary for scanning be included in every 
cell phone (even the cheapest ones) or would it be reserved for the most 
expensive models? Even if it is just a matter of creating the software 
which could be made easily available on the web through the generosity of 
the techno-savvy community, don't we run into the same problem as with the 
MSM v. blog argument; that only those with the means and the motivation 
will find the info out in cyberspace? If there isn't an implicit equality 
requirement in this system don't you run the risk of excluding economically 
disadvantaged individuals (who arguably are the most vulnerable to the 
invisible tracking problem)?

It seems to me that there has to be an equality principle involved if the 
Norwood proposal is to "lower the barrier to entry into this clique of 
socially responsible consumers." It isn't that I think people don't care as 
"Open Bug #1" suggests. It is that I think that any system that is only 
available to a select few will not have the necessary impact to make 
corporate powerhouses like Wal-Mart feel the sting of consumer 
enfranchisement.

At this point you may be able to anticipate my next step, what is the 
likelihood of convincing corporate America, Congress and/or the courts that 
we have a fundamental right to this type of technology?       

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