Law in the Internet Society

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TheoTamayoSecondEssay 3 - 10 Jan 2024 - Main.TheoTamayo
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The feedback I received on my last essay said that it was a bit general. And it was, so I initially tried to make this one more specific, to give more focused insights about a narrower topic. But I eventually realized two things. One, I still lack the granular understanding of the individual issues this course covers that I would need to say something worth reading about any one of them in 1,000 words. Two, whatever value my current perspective has stems from the combination of how recently I was ignorant of all of these issues and how shaken I am by my new knowledge. So, spurred by Thanksgiving-conversation-induced shame, I rewrote this piece, trying to use a 10,000-foot view to make a specific argument. I wanted to use this essay to explore why a seemingly simple question seems to baffle everyone, from industry and academy experts to neophyte technology skeptics, and to argue that this collective sputter embodies a limitation of the proof of concept that this course illustrates, a weakness that must be addressed before we can run code.

Using 187 words to explain why you wrote what you wrote, when you were already over 1,000 words, was not a good employment of resources you didn't have. You're right that being concise when large ideas are at stake is hard, and Shoshana, who has many extraordinary virtues, is not much help.
 

So What, Exactly, Is The Problem?

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-- By TheoTamayo - 26 Nov 2023

This class has provided no shortage of frightening discoveries. Shadowy figures seek to read and control minds, algorithmic engines of perfect despotism abound, and governing institutions currently prove unable to protect human freedom. But these revelations did not scare me nearly as much as a question raised by a three-year-old docu-drama and then posed to me this week.

About three minutes into The Social Dilemma, an interviewer asks the assembled array of former tech executives—people who had quit their jobs and agreed to be interviewed for a documentary out of concern that the companies and products they helped build posed real and imminent dangers to society—the question they must have known was coming: why? Or, more specifically, "what is the problem?"

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-- By TheoTamayo - 10 Jan 2024
 
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None of them can give a straight answer to this simple question. Some start speaking and then stop; some ponder furiously as the camera rolls; some just give up and laugh. This thirty seconds of footage already felt ominous. But it wasn't until my cousin asked me the same question at Thanksgiving dinner that I absorbed its depth, and personally experienced and replicated the interviewees' reactions. Their and my silence, more than the rest of the film or my own knowledge of computerized conspiracies and cabals, profoundly scared me. And I believe that this impasse manifests the immediate, formidable hurdle on the path towards a better Internet Society.
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Three minutes into The Social Dilemma, an interviewer asks the assembled former tech executives—people who had quit their jobs and agreed to be interviewed for a documentary out of concern that the companies and products they built posed imminent dangers to society—the question they must have known was coming: why? Or, more specifically, “what is the problem?”
 
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I agree that this is the most important moment in the film. And it is apparent that I too have a hard time attaining the necessary level of simplicity, so there is not shame in failure. But as Samuel Beckett says,, the goal is to fail better.
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None of them can give a straight answer to this simple question. Some start speaking and then stop; some ponder furiously as the camera rolls; some just give up and laugh. This thirty seconds of footage already felt ominous. But it wasn’t until my cousin asked me the same question at Thanksgiving dinner that I absorbed its depth, and personally experienced and replicated the interviewees’ reactions and eventual silence. That silence profoundly scares me. And I believe that it manifests the immediate, formidable hurdle on the path towards a better Internet Society.
 
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I. Vast and Amorphous

I can identify two distinct reasons why those smart, informed, and well-meaning insiders struggled to respond to this innocent-seeming question. The first is an issue of scale. The second is an issue of obscurity.
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Vast and Amorphous

I can identify two reasons why those smart, informed, and well-meaning insiders struggled to respond to this question. The first is an issue of scale. The second is an issue of obscurity.
 

Size

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The problem the question identifies is almost inconceivably huge. Professor Zuboff has spent decades researching and hundreds of pages describing a single facet of it, and even then her opus can do no more than set the scene for a debate about how to frame and address the problem. Professor Turkle has filled her entire, lengthy academic career cataloging just some of its visible symptoms. This course takes a semester to sketch the situation and outline the path towards a solution; its companion course takes another semester to demonstrate how to build and use the components of that solution. The problem is so large that those who do not know to look for it cannot see it. Even those who do look must be primed, educated, and willing to question fundamental aspects of their lives in order to begin to grasp its scope.

The very scale of the challenge shocks and awes. The architects of the problem's infrastructure, aided by a documentary film crew, take ninety painstakingly-produced minutes to summarize its basic details. I stood no chance of doing it justice at the Thanksgiving table, and my unavoidable failure will cost family members some measurable amount of their freedom.

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The problem the question identifies is almost inconceivably huge. Professor Zuboff has spent decades researching and hundreds of pages describing a single facet of it; her opus can do no more than set the scene for a debate about how to address the problem. Professor Turkle has filled her entire, lengthy academic career cataloging just some of its visible symptoms. This course takes a semester to sketch the situation and outline the path towards a solution; its companion course takes another semester to demonstrate how to build and use the components of that solution. The problem is so large that those who do not know to look for it cannot see it. Even those who do look must be primed, educated, and willing to question fundamental aspects of their lives in order to begin to grasp its scope.
 

Silhouette

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The problem also defies categorization and precise description. It is completely novel not just in magnitude but form, crossing and blurring areas of study that universities and societies treat as distinct. Business, psychology, computer science, and so many more fields fit comfortably within its dimensions. Not only do we struggle to see the shadow it casts because we all stand in it together, we lack the narrative tools to capture, dissect, and report on it. So we must develop the capability to effectively diagnose, articulate, and collaborate on a solution to the problem. And I believe we must aim to be able to do all three in a few hours, possibly over turkey.
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The problem also defies categorization and precise description. It is completely novel not just in magnitude but form, crossing and blurring areas of study that universities and societies treat as distinct. Business, psychology, computer science, and so many more fields fit comfortably within its dimensions. Not only do we struggle to see the shadow it casts because we all stand in it together—we lack the narrative tools to capture, dissect, and report on it.

The problem’s architects, aided by a documentary film crew, take ninety painstakingly-produced minutes to summarize its basic details. I stood no chance of doing it justice at the Thanksgiving table. But while my failure will cost family members some measurable amount of their freedom, I have come to believe that my efforts were not only doomed, but misguided.

 
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That few recognized the problem until quite recently, giving scant time to let blown whistles reach ears, would have provided plenty of mountain to climb. That it operates under cover of trade secret protection and mostly-private ownership makes it not just imposing, but phantasmal. That even its creators cannot fully comprehend how or why it works as it does pushes it towards deific.
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Plant Questions, Grow Converts

The public’s ignorance and apathy towards this issue might be evidence that its scale and shadowy form render us unable to clearly and effectively describe “what is happening,” “what is wrong with it,” and “what can be done about it” to capable political constituencies. But this course’s decades-old repository of accurate, published descriptions suggests that our problem is not the technical issue of descriptive capacity but the human issue of narrative power.
 
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But it is not a god, nor any other kind of aware or intelligent being. It is a system, made of pipes and switches and surveillance instruments and human beings, that we created and that we must fix.
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We have been trying to convince a (charitably) semi-computer-literate population that technologies they rely on but only minimally grasp threaten their fundamental freedoms. We have learned that jeremiads only work on the zealous—they do not convince nonbelievers. So rather than providing people with solutions to problems they want to ignore, we should ask them questions that will lead them to seek the solutions themselves.
 
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II. Pictures, Tools, and Persuasion

To fix a system, we need a clear picture of what is wrong with it, one that can impart the crucial messages of "what is happening," "what is wrong with it," and "what can be done about it." Our immediate task is forming that picture and sharing it with as much of the world as possible. The scale and shadowy form of the problem require the picture be painted with specialized brushes. Inertia requires that our picture be more compelling than the landscape of the status quo.
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I do not have a list of such questions, nor a formula for how to generate them, but I have a few ideas of how we might.
 
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Imagination and Vocabulary

To address the enormity and ambiguity of the problem, we need to learn from Professor Zuboff's example and develop terminology to describe the details and stakes of the situation. The term "surveillance capitalism" is brilliant for both its reach and its brevity. It describes an immensely complex system succinctly but completely, allowing the message of the dense and lengthy book to coalesce around a memorable and usable phrase. We need more language like it, vocabulary that may not yet exist but that captures essential aspects of the problem, to set the scene of our picture so that we can effectively discuss it. Given the damage already done to humanity's collective attention span, we cannot afford to waste any time getting our points across.
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Honey and Vinegar

How can a question convince its audience to seek answers? At the most basic level, by appealing to self-interest: suggesting benefits from finding the answer or threatening harm from failure to find it. We need to effectively appeal to both types of self-interest and therefore effectively use both types of question. Appeals to pleasure and advancement are effective when the subject’s desire outweighs the associated risks or costs, but fall short otherwise. Appeals to fear can dull decision-making but can produce incredible force of will. To urge people to care, we need to instill a sense of urgency (“Do you know who owns your location/browser history?”); to convince them to remain rational, we need to convince them that doing so serves their interests (“Do you want a law to say you own and can profit from your own data?”).
 
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Art

And the picture we paint must move people. Art has played a decisive role in getting us into this mess, and we must accept that we cannot overcome its influence with reason, no matter how right we are.
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Intriguing > Amazing

Encoding information in questions is a must for our purposes, but the surplus of dramatic details about the status quo has overshadowed the virtues of simple and relatable ones. We want to form questions that will spur an audience to ask more—for this, accessibility proves more effective than impressionability. “Did you know that data is now the most valuable traded commodity in the world?”, is less a question than a statement, and one best directed at an already-receptive audience. “Did you know that apps on your phone make money by selling information about you?”, is a simple but genuine inquiry, and leads naturally to others, like “Which apps?” and “Who is buying?”
 
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It does not need to be beautiful. It needs to be powerful. It needs to break the hold that beautiful but dangerous devices have over our civilization. Rather than compete with the beautiful works of the mighty, we must paint a picture of the stretching sands that await us if we fail to effectively answer the question.
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Vocabulary

We need to develop more comprehensive yet catchy terminology to describe the details and stakes of the situation. The term “surveillance capitalism” is brilliant for both its reach and its brevity, describing an immensely complex system succinctly but completely. Cultivating such a vocabulary will allow us to form nuanced questions that can make strong impressions and spark curiosity with fewer words and in less time.
 
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But perhaps even from 10,000 feet there would be something more specific to say than "art." I agree with the sentiment, again, but it does seem to me that something more specific could be offered. The two re:Publica talks from 2012 and 2016 could probably be distilled down to a two-part answer to the question asked in The Social Dilemma; had I been put to it, that's what I would have tried. Let's see what you can do.
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I have no all-purpose “answer” to the uber-question posed in the title, but I believe that asking provocative questions is a viable and specific next step. I intend to try it the next time a family member or friend asks me any version of the title.
 
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Revision 3r3 - 10 Jan 2024 - 20:53:03 - TheoTamayo
Revision 2r2 - 03 Jan 2024 - 17:29:45 - EbenMoglen
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