ReadwriteGovernment
De Framalang Wiki.
Read-Write Government. Une conférence donnée par Lawrence Lessig et qui développe l'idée de Read-write culture précédemment évoquée au Monaco Media Forum (traduction et sous-titrage en attente).
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Introduction
So, I wanted to come here to get you to see something about governance by seeing something about how culture and commerce has changed. I want you to see a pattern here, and I think this pattern can teach us something about the future of governance, or what governance can be.
But to introduce this argument I wanna start with 3 stories.1ère histoire
So, here is the 1st story:
About a 100 years ago, 1906, this man, John Philip Soussa, traveled to this place, the United States Capitol to speak about this technology, what he called "talking machines". John Philip Soussa was not a fan of the talking machines, this is what he had to say. "This talking machines are going to ruin the artistic development of music in this country. When I was a boy... in front of every house in the summer evenings you would find young people together singing the songs of the day or the old songs. Today you hear these infernal machines going night and day". "We will not have a vocal cord left," Soussa said, "the vocal cords will be eliminated by a process of evolution, as was the tail of man when he came from the ape."2ème histoire
Here is the second. Not really a story, but pretend for a second, OK?
I wanna talk about "economies", by which I mean repeated pattern of interactions that extend over time. And I want you to think about different kinds of economies. Some economies are related to money, call those "a commercial economy". Think about going to the grocery store, where your relationship to the grocery store and the things in that grocery store are simple quid pro quo. This amount of money for that bar of soap. Money in this context is how we speak, it expresses value, it expresses a normal way to interact within the commercial economy. But some economies have nothing to do with money, you can call those sharing economies".3ème histoire
3.1
Ok, that's the second story, here is the final story:
Think about trust for a second, or in particular how trust gets build. Here is some examples, examples of producing trust, in the market for one case. Think about that fantastic publication, Lonely Planet, Lonely Planet sets itself up as being a reliable source of information about places around the world that you might want to travel to. How does it establish its reliability? Well, here is what it says: "Lonely Planet books provide independent advice. Lonely Planet do not accept advertising in guidebooks, nor do we accept payment in exchange for listing or endorsing anyplace or business. Lonely Planet writers do not accept discounts or payments in exchange for positive coverage of any sort."3.2
But the point is not that money in this context would make what was said false, it's that money in that context would induce a mistrust of Lonely Planet as a source. Or think about Wikipedia. Wikipedia does not permit adds on its site, because it's the 9th largest site in the world it means that it leaves about 100 million dollars on the table every year. I've asked Jimmy Wales, the founder of Wikipedia, why exactly they would leave a 100 million dollars on the table every year. This is what he said:
"But we do care how the general public looks to Wikipedia in all of its glories and all of its flaws, which are numerous of course. But the one thing they don't say is "Well, I don't trust Wikipedia because it's all basically advertising fluff.""3.3
3.4
3.5
3.6
Here is an example:
Everybody knows about the danger of environmental lead. In the United States, in 1972, the Environmental Protection Agency (EPA) put the country on notice that it was going to do something about it by banning lead in gasoline and by 1976 they began the process of ending the sale of any gasoline with lead and in 1995 that was ended in the United States. Now many people look at this and say "Why didn't the EPA do this sooner?" Because of course there is not secret of the danger of lead in the environment. Indeed in 1921 the president of the National Lead Company explicitly stated that lead in the environment would cause significant harm. Nonetheless, after that statement gasoline companies began to add lead to gasoline to improve their efficiency. And then this series of arguments began.3.7
3.8
3.9
3.10
3.11 Deuxième exemple
Voici un second exemple : « medefal » un médicament d'Activase ou Altéplase (c'est le nom générique). Vous êtes peut être un peu intrigué par le terme « reperfuse ». Vous pensez peut être que c'est un mot que vous ne connaissez pas parce que l'anglais n'est pas votre langue maternelle, mais en fait, le dictionnaire Oxford ne connait pas non plus ce mot. Il n'existe pas le terme « reperfuse », il y a « reperfusion » mais je ne sais pas quelle serait la forme verbale, et donc, si vous avez besoin de vous reperfuser, cette compagnie pense que vous devriez le faire avec Activase. Bon, Activase est conçu pour pallier aux attaques cérébrales, et le médicament fut rendu disponible vers la fin des années 1990. Et en 1998, l'Association Américaine du Cœur mena une étude de ce médicament. Et la conclusion de l'étude était globalement en faveur du médicament, mais il y avait une dissidence dans ce rapport. Toutefois, quand le rapport fut publié en 2000, l'avis contraire avait disparu, et bien sûr le nom du docteur qui avait émit cette retenue avait lui aussi disparu du rapport. Puis ce rapport fut cité par un journaliste médical de recherche anglais, Jean Lenzer, dont la compagnie (Genentech), donna à la AAC 11 millions de dollars, soulevant des questions évidentes. Comme Lenzer l'écrivit « Cette recommandation à peut être été faite dans le plus pur esprit scientifique d'une enquête non biaisée, mais la possibilité d'une analyse dépassionnée fut érodée par une importante donation provenant d'un laboratoire pharmaceutique. » Donation d'un parti intéressé par le jugement du régulateur ainsi financé. Encore une fois, la confiance se mute en méfiance (défiance ?).
3.12
L'argumentation
L'argumentation 2 Remix de musique
L'argumentation 3 Remix d'anime
L'argumentation 4 Le role de YouTube
L'argumentation 5
L'argumentation 8 Ça marche aussi avec la politique
L'argumentation 9 Exemples
L'argumentation 10 Des hybrids partout
L'argumentation 11 Trois types d'hybrids
Now if you look at these hybrids, there are actually 3 different kinds. One kind we can call a kind of Darth Vader hybrid or we can call it a David Bowie hybrid, but these are hybrids where the activity that people engage in is owned by the man. So StarWars mashup site, all of the mashups on that site, where the kids come in and they takes StarWars video and they add their own stuff to it, and remaking it, uploading it back to the site, all of those are owned by Georges Lucas. Indeed the stuff that you add to the site, if you upload a song you have composed, LucasFilms has a world wide perpetual licence to use that music for free. Now this is a site where the creator, here the remixer, has no rights. It's instead, a little bit of exageration here but to say it's more like a share-cropping (NdT: métayage) site for the digital age. So that's one model : the share-cropper (NdT: métayer). The second model is more like the 'autruches' or I think it's what Google and Youtube are, these are sites where enormous values being creating by poeple participing in these sites, but these company take that value and simply ignore that contribution of these creators, they don't want to think about it, they put there head in the sand because its too complicated to negociate. But then there is a third class of sites here, a class of sites like flickr and Second Life, which expressely affirm that the creators owns the creativity they produce on those sites, and then enables those creators to license that creativity freely or even for profit using Creative Commons licenses.
Now their are important differences between these three kinds of hybrids, and these differences are incrisingly important. Because there is a growing skepticism out there, about this activity of a Hybrid. As Om Malik put in his blog : « [Does] this culture of participation ... build business on our collective backs ? ... whatever 'the collective efforts' are, they are going to boost the economic value of those entities. Will we share in their upside ? Not likely ! »Just Hybrid
Now what it's interesting here is, we actually don't have a good sets of what a just Hybrid is. In this context different rules are gonna to produce different intuitions, and companies that are trying to succeed here are moving through a whole range of options to try to decide what continues to earn the loyalty of their community. I predict that the one thing we know is that this (share-croppers) would not be just hybrid.
Ok, now take this two ideas : ReadWrites Hybrids. And think about how they apply in the context of governance. Because what I want you to see is that we have the same dynamic now happening with governant. We have ReadWrite government, everybody is familiar with the blogs that incrisingly constitute political speecher where poeple are participate in creating and re-creating and re-expressing the news. A more interesting for our purpose I think is a think about an emerging new kind of hybrid. So I give you a hybrid that was a commercial and sharing hybrid, there is an equivallent here that is emerging of a command government and sharing hybrid. Where by command I mean entities that have the power to say you must do something or do this because you must, that's what governments are, and sharing communities where poeples are doing things because they want to that Wikipedia. This kind of hybrid then tries to mix those two where command entity tries to leverages a sharing economy to produce value for the governement.Just Hybrid Exemples
Just Hybrid Exemples 2 surveillance politique
Just Hybrid Exemples 3 dans d'autres pays
And this idea of course is much further than just Sunlihgt, the british site TheyWorkForYou.com has an enormous amount of influence now in affecting poeple understanding of what going on in the british government and I Believe in Open . ca has an enormous collection now of poeple pledging to support transparent activities in government again supported and pushed by volonteers who build this activity through their interest in the saring economy they support.
And maybe most famously and importantly the recent transition site of Barack Obama, change.gov, which also tries to include poeple in this process of facilitating a transition to a government that will strike America as significantly different from the last.
Gouvernement ouvert
Now the point to recognise here is that norms are important in this context as well. Just as we had to think about what a just hybrid was in the context of commercial economy, so too here we gonna have to think about what a just hybrid is in the context of this command hybrids. So the Obama' site has responded directly with that. Last week they released a change in their copyright policy explicitly saying that everything they put up on the site is licensed under a creative commons license permitting the maximum freedom to download, and share, and remake that contents without permission from the site. The push to get Obama to do this has been framed in the context of more values that have been pushed in front of the administration, which they're considering right now, with a site I was involved with: OpenTransition.gov (le site auquel Lessig se réfère n'existe pas, il s'agit en fait de open-government.us). That site proposed principals for an open transition. Those principals were three.
Les 3 principes de Open Transition
Number 1: there should be no legal barrier to sharing and the Obama' site has adopted that by adopting the creative commons licences
Number 2: there should be no technical barrier to sharing. So, if you upload stuff to YouTube, one feature or bug of YouTube is that it doesn't permit you to download it, or at least download it legally, so that suggested if they're using YouTube, they must also use sites like blip.tv which, number one explicitly marks the contents as free to be shared, and number two gives you a simple way to get any number of formats of that content and download it to do with it as you wish,
and number 3 in these principles is the idea of free competition. There should be no favourites that the government produces as it makes this work available to others.
Les 8 principes de Open Government Data Principals
These principals of Open Transition actually grew out of a much larger project that produced last year Open Government Data Principals; again, principals that would establish the relationship of this government hybrid in a way that would encourage people to participate. These principals that are to be respected for any government that wants to assert that it's an open government say that the data here must be complete (at least if it's public data, and by that it means data that is not subject to privacy, security or privilege limitations), it must be primary data (meaning not the interpretation but as well as the interpretation the primary sources), timely and accessible, and machine processable (meaning people can download it in a standard format and do the analyses on their machine). You have to have non-discriminatory access. Everybody must be able to get access to it in a non-proprietary format (so you don't need to buy into one particular format in order to use it) and it must be license-free (that's freer that change.gov because it must essentially be in the public domain).
Potentiel de participation
Now the aim of this process, both the open government data principals and the process that the Barrack Obama administration is going through right now is to give people a sense of ownership here in this hybrid government economy. A sense of control and equality that would encourage them to feel like it's a community they're participating in as they produce stuff that's valuable to the government. And my view is that the potential here is actually quite large, that we can actually see people being used in a way that they want to be “used” to facilitate the objectives of the government in ways that all of us feel proud of, ?either policing activity that's actually helpful to be policed in this wikified way or supporting activities that support objectives of the government.? But many people look at this and say : “Will people actually want to help the government? Will the citizens want to help their government? And I submit to you : If people want to help Microsoft in a way that apparently people want to help Microsoft, then at least there are some governments out there that people would want to help in precisely this way. The harder question here is whether this will be enough. As one commentator in the United States recently put it, in a breathless analyses of what the Obama administration is doing: “ Will it be enough to “Revive democracy”?”
Septicisme
And here I'm more sceptical, because there's this other issue I put on the table, that these democracies need to think of as well, what I call the issue of trust and here I want to be very clear, I speak as an American about America, about a North-American country called the United States of America. I don't mean to speak about any other government, or any other democracy. And I don't need to point to the obvious examples like Ted Stevens been found guilty of impropriety and the reports to be filed in the senate or the recent news from yesterday of the governor of Illinois being arrested for his activity of selling the replacement to Obama in the United States senate by accepting offers, half a million dollar offer, to appoint somebody to that position. Those are not the examples that concern me. The examples and the ?????? that concerns me are much more subtle and much more damaging. Because the single thing that's most important about people's relationship to any institution of trust is that they feel that the institution is being authentic. And the biggest problem American democracy faces now is that the core actors in this democracy aren't treated or viewed as authentic.
Exemple de la loi sur les cartes de crédit
One more example to suggest this: You might have seen this film: Maxed Out. Fantastic story about credit card debt in the United States, a huge problem. Now there're many dimensions to this particular problem but one is the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. There's actually a little typo ; there's no consumer protection in that act at all, but ok... This bill had the effect of making it effectively impossible for lower middle-class income earners to discharge credit card debts. So companies like Bethleem Steel can escape credit card obligations or pensions obligations I guess and credit card obligation I don't know about that. Or companies like Enron can escape the obligations to deliver power but you can't escape credit card obligations in the United States. You will literally carry this for ever as long as you are alive. Now this change was first proposed in the administration of President Clinton. He was originally in favour of the change. But then, an op-ed was written in the New-York Times by professor Elizabeth Warren of the Harvard Law School and First Lady Clinton saw the op-ed and started speaking of that awful bill Note that's a small “b” in that statement. And she's credited with single handedly keeping that bill from becoming law. To her great credit, so to speak, right? Like Jason in Friday 13th, this bill would not just go away. So in 2001, it came back. By now First Lady Clinton was Senator Clinton, and by now she had received about $140,000 in campaign contributions from financial and credit card services industry. So what did she do in 2001? Well, she flipped. She voted for that “awful bill” twice. Now why did she do that? Well, if you ask Senator Clinton she'll tell you it's not about the money. Did she make this plea very strongly at the ???yearly Coast Conference??? about a year and a half ago?
Hillary Clinton
I don't think based on my 35-year of fighting for what I believe, that anybody seriously believe I'm gonna be influenced by a lobbyist or a particular interest...
Now the bloggers in that conference did not believe her, but I certainly do believe her. You don't get to be Hillary Clinton by caving the special interests and that's not what I think she was doing in this case, and I think you too should believe her. But even if we believe Hillary Clinton, what we Americans need to recognise is what others see or hear when they hear exactly this. What do they hear in the debate AFTER they hear that she received $140,0000 in contributions from credit card companies. Can they trust? Can they even believe that the answer she gave was the right answer for the right reason? Do they believe she's being authentic as she explains why she changed her view. Would they even engage with her as she explains why she changed her view.
L'argument
L'argent
The core insight I want to put here, is to recognise how this dynamic is the production of this mistrust in this government, producing the sense that what the government does is inauthentic. And indeed, it has had that effect with respect to this institution. In my district in California, 88% of people believe money buys results in congress. And indeed, in July and August this extraordinary statistic was published by Rasmussen. For the first time in American history, less than 10% of the American public believe congress is doing a good or an excellent job. There were more people who supported the British Crown at the revolution than support the American Congress today. And when you look at this, the question we should ask is “but what the hell do we expect here”? You can't trust this institution, you won't trust this institution, you won't have faith in this institution until you can believe as we all want to believe that they got it wrong either because they were stupid or because they were more Republicans than Democrats or Democrats than Republicans but whatever reason, not because of the money.
La technologie
That's the argument, let me end with one more point here. We, geek types, like to believe that all our problems are just technical, that we can solve them if we just get better technology out there. They're not. We speak as if better machines would fix the problem that cause democracy at least in America to founder. I don't believe that. I believe our problems are much more fundamentally substantive. Whether democracy works is an open question right now. Now addressing that question... I'm a little bit of a ??guru?? of Al, Al is in some ways my hero. Here's what Al said at Ted this year.
Al Gore
Optimism is sometimes characterised as a belief, an intellectual posture. As Mahatma Gandhi famously said “You must become the change you wish to see in the world”. And the outcome about which we wish to be optimistic is not going to be created by the belief alone, except to the extent that the belief brings about new behaviour. But the word “behaviour” is also I think sometimes misunderstood in this context. I'm a big advocate of changing the light bulbs and buying hybrids and Tipper and I put 33 solar panels on our house and dug the geothermal wells and 'done all of that other stuff, but as important as it is to change the light bulbs it's more important to change the laws and when we change our behaviour in our daily lives, we sometimes leave out the citizenship part and the democracy part. In order to be optimistic about this, we have to become incredibly active as citizens in our democracy. In order to solve the climate crisis, we have to solve the democracy crisis.
Conclusion : “la crise de la démocratie”
So that's the idea: “the democracy crisis”. The democracy crisis is not that we can't count votes, we can't do that in the United States, but that's not the source of the crisis. The democracy crisis is that people don't view democracy as a tool for solving public problems because, ?as I suggest?, of this view, of this improper dependence destroying the place of trust in government. Now this term “dependence”; I think is useful in thinking about the problem. We all understand problems of dependence. I want to think about one in particular, think about alcoholism. I don't think there's anybody in this room that hasn't been affected by, or has affected others because of the problem of alcoholism. So if you think about the alcoholic, in the problems he might face, he might be losing his family, his job, his liver. These are all extraordinary important problems. But he won't solve any of these problems until he solves his alcoholism first. So it's not that the alcoholism is the most important problem he faces, of course it's not. But it is the first problem he faces. And so too with us in the United States. There's no end to the problems we face as people, extraordinary significant problems from global warming all the way even to that copyright policy, but we won't address these problems sensibly regardless of the explosion of these exciting new R/W technologies for government until we solve this first problem first.
Thank you very much.

