2023.09.18

Digital Rights Archive Newsletter - Ninth edition

Sometimes it seems like most of what comprises internet and digital policy today involves a constant reconsideration of the meaning of words. A couple of decades ago, “open,” as in “open access” or “open source,” was largely seen as a good thing. It implied sharing, greater access to information. That’s no longer a tenable consensus position. “Open” has always had different political and power implications in different settings, as both Peter Baldwin in a podcast, and David Gray Widder, Sarah West and Meredith Whittaker, highlight in an article that is already being well-circulated. Baldwin places “open access” in a wider historical context, while Widder, West and Whittaker look at the “overbroad and ill-defined” use of “open,” especially with respect to OpenAI. At the very least, both of these highlight the importance of not simply assuming that “open” equals “good.” Calling something “open,” as these two works remind us, should be the beginning of the debate, not its conclusion.

On the subject of language, whenever I see an article like Stephen Shankland’s on the cables over which almost all of our internet traffic flows, I can’t help but remember how the late Republican Senator Ted Stephens was pilloried mercilessly for once referring to the internet as “a series of tubes.” When you read his whole quote, it’s clear he doesn’t fully get how the internet works, but … he’s not entirely wrong? For non-experts, is it any less misleading than referring to remote computer servers as “the cloud”? Anything that reminds us of the concreteness of the internet’s “nervous system,” as Shankland refers to these cables, how they work, their geopolitics, and who runs them – increasingly, the big American tech giants – is a welcome addition to the discussion.

Language, or rather language of hype also shows up in a nice summary article by Eric Schewe that looks at the role of hype is playing in military rivalries over the use of artificial intelligence. It places the debate in an historical context, as “merely the latest steps in the automation of state violence that took its first big leap with the formation of standing militaries in Europe in the eighteenth century,” noting further that militaries have been worried about maintaining a technological advantage in automation ever since. It tackles some big issues, noting how this hype is present in the United States and China, driven as much by fears about how rivals will use it – itself driven by hype – as the tech itself.

This newsletter has repeatedly emphasized historical context and continuity in understanding technological developments and effects. Continuity features prominently again this month, and not just in AI and military technology. Zephyr Teachout’s insightful article on algorithmic personalized wages brings me back to my undergrad microeconomics courses: a technologically new way for companies to capture all the surplus between buyers and sellers, in this case for labour. Which fits very well with Teachout’s focus on labour solidarity and how it atomizes the workforce and transfers power to the boss.

Also on the old is new again front is the Fast Company interview with Lee McGuigan, author of Selling the American People: Advertising, Optimization, and the Origins of Adtech, which reminds us that just as companies have always been interested in capturing consumer surplus, ad companies have always been interested in the ability to target advertising and predict behaviour.

For those interested in digital regulation, we have two very relevant pieces for you. Australia and Australian academics are at the forefront of tech-regulation issues, so the ARC Centre of Excellence for Automated Decision-Making and Society (ADM+S) symposium on automation and regulation promises to be worth your time. Sticking with the theme of regulation, Asaf Lubin joins the Lawfare podcast to discuss the regulation of commercial spyware.

We also have an interesting-looking discussion out of London over the effect of AirBnB on communities that takes on greater resonance with the news that New York City is restricting all AirBnB rentals to residences where the host is present, and limiting guests to two people.

Finally, and personally speaking, Andrew Stokols’ article on an alternative imaginary of the smart city, was remarkably timely. I recently attended a play about the Google company Sidewalk Labs’ attempt to build a smart city in Toronto. Its top-down driving forces were the opposite of the grassroots ideas that underlie the concept of “insurgent digital citizenship” emerging from the 2019-20 Hong Kong Anti-ELAB protests. Stokols’ article is a welcome reminder that technology, like language, can be deployed in different ways to different – perhaps even democratic – ends, and that there are always alternatives.

- Blayne Haggart

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