November 3, 2009

A night at the Spy Museum: What keeps cybersecurity experts awake at night?

photo(2)Last week, I enjoyed an unusual evening: a panel of some of the nation’s preeminent cybersecurity experts at the International Spy Museum. I didn’t have to practice any spycraft to learn more about the risks posted to national security and business in cyberspace.

Michael Assante, chief security officer for the North American Electric Reliability Corporation (NERC),  warned of cybersecurity threats and risks to the smart grid.

Melissa Hathaway, President Obama’s former”" called for more public and private cybersecurity partnerships.

James Lewis, director and senior fellow of the Technology and Public Policy Program at the Center for Strategic and International Studies, described how new rules for cyberwar are being defined as cybersecurity threats grow.

Those interested in cybersecurity may find the article and posts linked to above useful.

When asked “what keeps them up at night,” each panelist responded thoughtfully.

Melissa Hathaway is worried about “our overall economic competitiveness” due to corporate cyberespionage. Assante is concerned about restoring a lack of confidence after a massive cyberattack. And James Lewis is concerned that a scenario from World War II might repeat itself in a future cyberwar.

“Think of Germans in WWII,” he suggested. “The Brits were able to break the Enigma machine through Program Ultra. That probably shortened the war by two or three years. I worry that whomever we might be fighting would know what we’re going to do before we do it.” Lewis is concerned about more than anticipation: what if opponents were to change the data, replicating the “fog of war” online?

“Look at the DOD’s ‘Blue Force Tracker – if that were compromised, the first thing is that you’d shoot your own folks,” he said. “Second, every commander would slow down.” ( The New York Times‘ excellent “At War” blog published a post today about the digital fog of war, in fact, though its author focused on the challenges of using technology in the background, not the scenario wherein it is compromised.)

Keith Epstein, the veteran investigative journalist who moderated the “Emerging Cyber Threats” panel, observed that he’s noticed a reluctance of people to really talk about this. What can be done? Assante calls the lack of public discussion a “plague of suffering and silence. “In the electric system, our regulations require entities to, if they have a cyberattack, to report them.” Despite the concerns of some in Congress, he suggested that agencies reconsider safe harbor. “We have to be willing to share information with our allies.”

What are the scenarios that will enable cybersecurity to move forward?

Start with raising public awareness, said Lewis, which would require the mainstream media to cover cybersecurity with the seriousness that the threat deserves.

“There’s a bunch of other things we could do too, “ he said. “Make better use of the DoD. Define their role in a way where they can defend cyberspace. Work with the private sector. There are many things we can do to incentivize better cybersecurity. International engagement: Reach out to allies – and maybe to opponents.”

Hathaway observed that “we are considering a national data breach law. Our allies are considering similar legislation.” S.1490, the Personal Data Privacy and Security Act of 2009, would require data brokers and companies to both establish and implement data privacy and security programs. Hathaway said that “we need to start talking about the issue: the fleecing of America.”

In her view, it’s not just consumer behavior that’s at issue: “We have the Tylenol scare in all of our computers. It’s there and they’re not telling us.”

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November 1, 2009

Sunday meditation: a media meal in a news snacking universe

On Friday, Dan Conover wrote a terrific long-form narrative essay about long-form narrative, in which he made a case for “a non-narrative future for journalism.”

To further illustrate his point in practice, he also created a three-page, home-printer-optimized PDF for readers “who prefer to read long-form essays on paper” and “a shorter, semi-structured online summary” that is remarkably like a Gawker post, sans snark.

I think he’s on to something, both in approach, example and analysis of news consumption in the present. I’m not alone in comparing consuming media on the real-time Web to dining:  Steve Rubel described Twitter as “a sushi boat moving at 100 mph.” Fine dining, fast.

Perusing the menu

And since I enjoy cooking, dining and reading, the following metaphor for news flow and how we consume our daily “media meals” came readily to mind.

If reading were like dining:

An amuse-bouche is like a tweet. It’s the essence of the cook’s art, delights the palate and leaves you wanting more.

An appetizer is like a blog post. That could be a microblog post, too. Appetizers can be either light or heavy.

An entree is like a long-form narrative article. Sides include video, graphics and comments.

Dessert is like a money quote, figure or key analysis. It’s something the reader can savor, including a link to save or share.

Of course, there’s plenty of flexibility in the concept.

As @stevebuttry suggested today, for instance, an interactive database might be a recipe.

News organizations are now considering how to deliver news in a way that provides value, draws readers and perhaps solvency.

I suspect making it easy for readers to” consume media” as the readers wish may be as important for the success of online media outlets as making dining enjoyable has been for restaurants during the recession.

Time to go enjoy Sunday dinner: reading feeds & enjoying a smorgasbord of vegetables, cheese, brown beer and sausage.

 

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October 26, 2009

Imogen Heap reanimates Thriller, just in time for Halloween

Haunting. Gorgeous. And completely different from Michael Jackson’s iconic version.

[First played on the BBC. Hat tip to Popeater, via Kirstin Butler via Steve Silberman]

October 19, 2009

At the NPR and PBS unconference, 2009 is the year of “We, the media”

John Boland at Pubcamp

John Boland at Pubcamp

“TV, radio and pro journalism still matter in this new ecosystem”-John Boland, PBS.

This past weekend, I attended Public Media Camp, an unconference at American University in Washington, D.C.

I came away from the two days of sessions, talks, informal discussions, random encounters and rapid-fire information exchange inspired, exhilarated and a bit exhausted. That last is why it took a day to get a post up. By its nature, I couldn’t go to everything. What I did attend, I tried to take notes upon and livestream to Livestream.com and uStream. When it comes to the archiving that video, unfortunately, I endured two crashes and suffered from the lack of a decent mic. Happily, much better video will be coming online from other sources over the next week. What follows are my thoughts, links and video from “Pubcamp.”

Citizen Journalism and public media

The first session of the day remains one of the most memorable. Citizen journalists and local bloggers have much to learn from – and about – one another. “We the media” is a theme I pick up later in this post. Suffice it to say that democratization of the tools for information sharing has taken some producers unaware and left many stations understaffed, at least at the level it takes to effectively engage with those in the community creating the content. That said, many NPR editors and writers are doing quietly effective work in finding, engaging and collaborating with bloggers in the community. I mentioned Universal Hub in Boston, although I’ll leave it to Adam Gaffin, Radio Boston and WBUR to relate exactly how well that relationship works.

@jessieX referenced the tensions in this session in her post on generational differences, “My Takeaway,” where she captures the insight she shared with me in person.

Video of the  citizen journalism session is available on-demand.

Tools for curation of audience-generated content

This was one of the best attended sessions of Public Media Camp and, due to any number of reasons, one of the best, at least in my view. The standing room-only group was organized into as a circle and shared dozens of useful tools and services that can aid stations and editors in aggregating, organizing, filtering and curating pictures, video and text generated from listeners.”We all want to open up the floodgates to UGC and crowdsourcing but there’s issues of trust,” said Andrew Kuklewicz.

My favorite metaphor from Public Media came from Andy Carvin here, in the idea of “trust clouds,” or the social network of people around us that represent who we can believe, retweet, link or otherwise invest with our own reputation. A tool for doing just that if at Trustmap.org. Newstrust.net also came up as “a guide to good journalism.”

Such tools and relationships are critical to both the use of user generated content by stations and the decision of readers and listeners to trust and, in the social media world, pass on information. As I commented during the session, increasingly consumers of media follow bylines, not masthead. To borrow David Weinberger’s phrase, “trust is the new objectivity.” By showing readers how and where the audience was sourced in real-time, media organizations can make a stronger case for the veracity of such information.

Tools included:

Greg Linch shared the approach to curation that Publish2 takes: “Social Journalism: Curate the Real-Time Web.”

Social Media Success

The most obvious case study in social media success may be Andy Carvin himself. The impact of his efforts have been deep and far-reaching throughout NPR’s shows and staffers. As Amy Woo put it, “I feel the same way about Andy and his tweeting as I do about Diane Rehm.”

Carvin offered compelling examples of success, like an NPR partnership with content discovery service Stumbleupon to create a reciprocal connection w/Twitter. With a little tweaking, a retweet can equal a stumble.

Another site, criticalexposure.org, “teaches kids to take pics as a way to be advocates for social change,” said Carvin.

He also said that NPR’s Facebook fan page generates some 8% of NPR web traffic. Their testing shows 1 post every 60-90 minutes is ideal for audience. That connection came courtesy of a listener, at least at the outset: The NPR fan page on Facebook was created by a fan. That fan then gave it back to the organization, says Jon Foreman. Carvin’s curation of public radio content took it to the next level.

Hurricanewiki is likely to be cited as a classic case in social media success, where more than five hundred people came together, organized through Twitter by @acarvin. You can see the results  at Hurricanewiki.org. Carvin also created a hurricane resources community for Gustav on Ning, built in about 48 hours.

One example that came up in multiple sessions is NPR’s Vote Report . Jessica Clark and Nina Keim wrote a report on it: “Building #SocialMedia Infrastructure to Engage Publics.” And while Carvin pointed out where Vote Report fell short, the idea behind enabling listeners to “help NPR identify voting problems” holds some promise. The use of social media for election monitoring is spreading globally now, as can be seen in Votereport.in in India.

The was a different issue with InaugurationReport:- volume. Carvin said that there was simply “too much social media content to effectively curate.” By way of contrast, even a few hundred engaged listeners could effectively use the #factcheck hashtag by http://npr.org/blogs/politics to fact check the U.S. presidential debates in real-time.

Greg Linch shared a collection of social media guidelines curated at Publish2, including NPR’s social media guidelines. There’s a careful eye keeping watch here on the ethics that go with the new territory: the @NPR ombudsman was present (she’s @ombudsman on Twitter) and brought attention to how the public will relate to any perceived bias shown on social media platform.

A standard for conduct matters. It’s not all peaches and cream, after all, given the ugliness that online discourse descend into on many occasions. “Posting on our site is a privilege, not a right,” said Carvin regarding the scrum on comment trolls, online spammers & NPR sites.

Video of the social media success session is available online at uStream.com.

Public Media and Gaming

One of the more entertaining and creative sessions at Public Media Camp was the hour on gaming. Educational gaming can raise literacy rates in children, after all – could NPR deliver further by reaching into this interactive medium? Nina Wall (@missmodular) said, in fact, that PBS Kids will soon have available an API similar to NPR’s for educational games.

An excellent summary of this discussion can be found at AmericanObserver.net. Video of the public media and gaming session is available online at uStream.com.

PictureTheImpossible is one intriguing example of the genre. The online, community-based game jointly developed by RIT & the Rochester Democrat & Chronicle.

The discussion also included  Kongregate and their “social gaming” model, which provides a platform & revenue share for developers. Could NPR follow suit?

Or what if NPR created a fantasy league for news? Points could be accrued for newsgathering, with players trading shows or writers.

It’s been done for politics – check out the case study of an @NPR fantasy league, from Julia Schrenkler: Minnesota Public Radio’s “fantasy legislature.”

My favorite suggestion, however, came from Andy Carvin: a social “Wait, Wait, don’t tell me!” game where the audience can create news quizzes and then challenge one another on Facebook or the Web.

Social Media FAIL

The first FAIL from Andy Carvin? When the hype around crowdsourcing with Amazon’s Mechanical Turk didn’t deliver. Here’s the Wired story on questions about crowdsourcing.

Video of the social media FAIL session is available on-demand. Amy Woo and other attendees offered many more examples of failures.

Apps for Public Media

The last session of Pubcamp kicked off with a description of @AppsForDemocracy by Peter Corbett. Interesting examples about:

ParkItDC helps people find parking in DC, including which meters are broken.

AreYouSafeDC shows potential threats.

StumbleSafely is a guide to bars & avoiding crime in DC.

FixMyCityDC is a web-based application that allows users to submit service requests by problem type.

And the winner, DC311, enables iPhone access (download from iTunes) to the District’s 311 city service site, coupled with a  Facebook App.

There’s more to come: In 2 years, the vision laid out by Corbett  includes “muni data standardization, open civic app ecology and the ‘real-time muni web.’ And in 5 years, the vision for includes ideas seemingly lifted out of science fiction: augmented civic reality, AI-driven civic optimization & “virtual flow working.”

What could be created for public media? Apps that enable listeners to create channels from the API for specific topics. Apps that combine real-time data feeds from government sources with local bloggers and radio stations. Apps that allow listeners to help filter the flood of information around events, like the Vote Report project.

Why develop such apps? Andy Carvin believes that  “the line between content, services & apps is blurring. To create a more informed public, it now takes more.” To not create such innovation would, in effect, be irresponsible.

More posts, eclectica and public media resources

The PBS News Hour has partnered with the Christian Science Monitor on “Patchwork Nation.”

The work of Doc Searls at the Berkman Center on “vendor relationship management” came up, mentioned by one Keith Hopper. More details at http://projectvrm.org.

FrontlineSMS.com is a free group text messaging tool for nonprofit that is useful in disaster and crisis response.

Swiftapp.org was shared by @kookster: free, #opensource toolset for crowdsourced situational awareness.

Plenty of social media application develop is going on at PBS. Their social media guru, Jonathan Coffman,  pointed to the tools at PBS.org/engage.

The Participatory Culture Foundation has launched Videowtf.com.

Economystory.org is a cooperative effort of public media producers to provide financial literacy.

Check out Radio Drupal and Radioengage.com for open source public netcasting information.

Session notes for @PublicMediaCamp are going up at the wiki at PublicMediaCamp.org and are being aggregated under #pubcamp on Delicious.com by Peter Corbett.

My Takeaways

There a lot of smart, savvy, funny geeks in public media, passionate about delivering on the core mission of education, media literacy and good  journalism.

This same cadre is pushing innovative boundaries, whether it’s engaging the audience, creating new technology platform or expanding the horizons of computer assisted reporting. Database journalism is alive and well at NPR – just look at this visualization of the U.S. power grid.

Vivian Schiller said during her keynote that “2009 was the year everything changed.” Out of context, that statement drew raised eyebrows online. In person, there was more clarity. The massive disruption to the newspaper and traditional media industry is now resulting in significant layoffs and a seachange in how people experience events, share information and learn about the issues. Despite the issues presented by ingesting a torrent of new sources of information, the concept of “We the media” has deep roots, given that so many more people now have the ability to contribute news and help analyze it now that the tools for communication have been democratized and often made freely available online.

What’s missing in that fluid mix of updates, streams and comments is trust in veracity. As we all move into the next decade of the new millennium, the central challenge of public media may be making sense of the noise, taking much the same approach that it has in the past century: report on what’s happening, where it happened, who did it and why it’s important, with a bit more assistance from the audience. Given the loyalty of tens of millions of listeners, “we the media” might just have some legs.

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digiphile: Next up from @acarvin’s presentation of #socialmedia successes: @VoteReport: “Help NPR Identify Voting Problems” http://j.mp/1fysxf #pubcamp

digiphile: Next up from @acarvin’s presentation of #socialmedia successes: @VoteReport: “Help NPR Identify Voting Problems” http://j.mp/1fysxf #pubcamp
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October 16, 2009

Business innovation through IT: “Computers create more productivity”

During the roaring 90s, technology evangelists convinced business owners to drop millions on IT equipment to cash in on productivity gains and chase digital goldmines online. A decade later, MIT professor Eric Brynjolfsson has published a new book entitled “Wired for Innovation: How Information Technology is Reshaping the Economy.”  He also recently co-authored “The New, Faster Face of Innovation” in the Wall Street Journal/Sloan Management Review.

innovation-ITProfessor Brynjolfsson presented the findings from his book at the Information Technology and Innovation Foundation in Washington earlier today. After breaking down the components of a large IT project, the bulk of which consist of implementation and deployment, he examined  Dell Computers as a case study in IT innovation.

Professor Brynjolfsson visited a Dell factory, a bustling manufacturer where most PCs are built to completion in one day. During his visit, he noticed that the back third of the factory empty. He suggested to the Dell executive that was taking him on the tour that perhaps that space wasted.

The reply? “We used to use it but don’t need it any more. We’re producing more in less space.”

Brynjolfsson said that Dell had implemented i2 software and completed a business process redesign to gain these efficiencies. Orders are transmitted customers go right to suppliers, which deliver new parts to the facility every 4 hours in a classic case of “just-in-time manufacturing.” Managers are able to both see problems earlier and fix them, leading to a substantial improvement in efficiency.

The exec called up Brynjolffsson later to let him know Dell was now using that extra space, producing twice as much from the factory as a year earlier. In essence, says Brynjollfson, Dell had “built a second factory” – except that it was made of business processes and software, representing intangible assets. “That’s a microcosm of what’s been going on in the US economy,” he observed.

Photomontage showing what a complete iceberg m...
Image via Wikipedia

In that larger context, “computerization” has a greater effect than computers.

Brynjollfsson used the metaphor of an iceberg to describe the role of organizational assets. In that sense, IT capitol and other technological investment are the visible portion of  much vaster organizational complements below the surface. As he put it, “intangible assets are more important in the information economy”

Brynjollfsson cited an broad analysis by MIT of organizational assets, including 1167 large firms over 10 years and 10,473 observations.

The analysis colllected4 principle types of data:

  1. Revenue/market value.
  2. Computer capital from computer intelligence.
  3. Ordinary capitol, labor, other assets, R&D.
  4. Organizational assets.

Results?

Brynjollfsson cited three key findings, including identification of a distinct set of business practices common to heavy IT users.

  1. The “digital organization.” That concept describes a distinct corporate culture and organizational process are found at most (but not all) heavy users of computers and the Internet
  2. Higher productivity and higher market value. Firms that adopt this digital organization have higher performance
  3. IT and the digital organization are complements. Firms that adopt the digital organization and simultaneously invest more in IT have disproportionately higher performance.

According to Brynjollfsson, there are 7 identifiable practices of digital organizations:

  1. Move from analog to digital business process.
  2. Distribute decision-making rights.
  3. Foster open information access.
  4. Link incentives to performance.
  5. Maintain focus and communicate goals.
  6. Hire the best people.
  7. Invest in human capitol.

If these practices are better – and they’re noticeably better, says Brynjollsson – why aren’t they being adapted? The dispersion between successes and failures has been growing, if anything, in recent years. What’s the story?

A member of the audience suggested a well-known model at MIT, system dynamics, where a feedback loop that of poor practices trapped organizations in negative spirals.  Byrnjollfson observed as well that decisions that can be quantified or structured are becoming more centralized. Older & bigger firms had a harder time, both in terms of company & employee age. “Most of our metrics were focused on business performance: productivity, profitability, market value. When we asked about employees, we found employees were also better off.” According to Byrnjollfson, firms which adopt the tenets of digital organizations have higher pay, from top to bottom and are less likely to have turnover.

The bottom line, in terms of the professor’s findings, is that information technology is a catalyst for a productivity surge but that  organizational change is the bulk of the iceberg, so to speak. Payoffs only come when investments are made in both IT infrastucture and training, education and incentives in a coherent sytem.

He cautioned, however, that the IT investments of some organization were both overstated and overvalued during the dotcom bubbles, where intangibles were used to justify stratospheric valuations.  Many companies invested beyond an optimal point, and in assets that inevitably decreased in both value and utility over time.

These gains are also realizable only in the context of talented, educated knowledge workers. “Technology investments require more skilled workforce,’ he said. “If you make investments in IT education, you help narrow the wage gap.”

He ended by making an analogy to the invention of  microscopy by Anton Van Leeuwenhoek, which in turn led to a revolution in medicine and biology. In Professor  Brynjollfson’s view, the revolution in data flows inside companies and bureaucracy has the potential to lead to substantial improvements in public policy. The paradigm of managing large organizations through the analysis of real-time manufacturing data can be applied to economic policy, healthcare and energy, to name a few areas of far-reaching potential.

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October 8, 2009

National Institute of Food and Agriculture (NIFA) launches in DC

This afternoon, I was privileged to be at hand at the National Press Club today when Secretary of Agriculture Vilsack launched the National Institute of Food & Agriculture (NIFA).

Agriculture Secretary Vilsack speaks at the National Press Club

Agriculture Secretary Vilsack speaks at the National Press Club

The new institute’s website is http://nifa.usda.gov.

And, it being 2009, you can followed NIFA at @USDA_NIFA on Twitter.

According to Secretary Vilsack, ” NIFA will be the Department’s extramural research enterprise. It is no exaggeration to say that NIFA will be a research “start-up” company – we will be rebuilding our competitive grants program from the ground up to generate real results for the American people. To lead NIFA, President Obama has tapped a preeminent plant scientist from the Danforth Plant Science Center in St. Louis – Roger N. Beachy, winner of the Wolf Prize in Agriculture and a member of the National Academy of Sciences.”

As I mentioned on Twitter, @FoodSafety and @USDAFoodSafety are  already up and tweeting.

Among other many agricultural science initiatives, secretary Vilsack emphasized that this new USDA institution will identify agriculture opportunities in U.S. that, within 10 years, will be “net carbon sinks.”

“USDA science will support our efforts to radically improve food safety for all Americans,” said secretary Vilsack. “Each year in the U.S. alone, food-borne pathogens like E. coli kill 5,000 people and sicken 75 million more; the cost to the economy from these infections exceeds $35 billion.”

Following the Secetary’s remarks, Rajiv “Raj” Shaw, Under Secretary of Agriculture for Research, Education, and Economics (REE) and Chief Scientist at the United States Department of Agriculture, provided an overview of the different areas agricultural science could positively affect both the energy policy of the United States, food security and, in time, hunger at a global scale.

Raj Shah at the NIFA launch

Raj Shah at the NIFA launch

Following Shah, the @WhiteHouse science advisor, Dr. Holdren, t, leavened the event with casual humor of an agricultural variety, punning his way into a wave of chuckles.

Dr. Holdren was clearly inspired by what he’d seen at the “Astronomy Night” at the White House last night.

More information and video of that event is available at http://blog.ostp.gov, courtesy of @WhiteHouseOSTP.

Video of the event, including the remarks of all three men, is archived and available on demand at VisualWebcaster.com: NIFA launch at National Press Club.

September 25, 2009

Supreme Court preview for the 2009-2010 session from ACS

The Supreme Court of the United States

The Supreme Court of the United States

What cases coming before the Supreme Court will be the “most interesting and have the most impact” on the American people? That’s a matter of considerable interest before the Justices hold their opening conference next Monday.

According to the lawyers assembled for the American Constitution Society for Law and Policy yesterday, the court will consider the constitutionality of life sentences for juveniles, free speech, campaign finance and corporations, revisit  elements of Miranda rights, and hear a case on antitrust on the NFL.

Quite a docket.

The Supreme Court will also, in what Michael Carvin called the “most important separation of powers case in 20 years,” take a hard look at the Public Accounting Oversight Board (PCAOB).  Is the PCAOB, established by the Sarbanes-Oxley Act (SOX),  a “5th branch” of government?

Michael Carvin was just one of an estimable collection of legal minds on the panel, moderated by one Thomas C. Goldstein. Goldstein, along with arguing some 21 cases before the Court, is principally responsible for SCOTUSblog. Goldstein and Carvin were joined by Pamela Harris, executive director of the Supreme Court Institute at the Georgetown Law Center, Doug Kendall, founder and president of the Constitutional Accountability Center, Lisa Kung, director of the Southern Center for Human Rights, Deanne Maynard, partner at Morrison & Foerster and Paul Smith, partner at Jenner & Block.

In the spirit of legally-inspired disclaimers on accuracy of interpretation, I should note before I go any further that, while I have a parent who is a lawyer and am romantically involved with a law professor, I have no formal legal training and came to panel as a journalist and observer.

Campaign Finance

Up to until now, says Doug Kendall, the rule has been to limit corporate participation. The court upheld election communications rule before hand within 30 days. The case before the Court is one that has attracted gallons of media ink, due in no small part to the involvement of a well-known citizen: Secretary of State Hillary Clinton. Consideration of campaign finance is already underway and received additional attention given that it was the first that newly-sworn in Justice Sotomayor has heard.

Doug Kendall brought up the 1990 precedent of “Austin v Michigan” as way of exploring the issue of free speech by a corporation vs speech by an individual. The argument that he put forward goes back to the language of the U.S. Constitution, which refers to persons and people – but not businesses. Kendall argued that the distinction is consistent with first principles. If Austin is overruled, he said, it would unleash corporate campaign expenditures.

Mike Carvin, in a rebuttal that evidenced his considerable experience in courtroom oratory, brought up the example of corporate media outlets like MSNBC or the Washington  Post endorsing a candidate. He questioned whether that would be any different than corporation buying advertising space endorsing a candidate. “Doesn’t think eliminating core political speech rights is consistent,” he said.

Carvin asserted that  26 states don’t regulate speech in this way and don’t operate any differently.  “It would be one thing if we were eviscerating rights for free speech,” said Carvin. “Are we doing this in the name of preserving McCain-Feingold?” He strongly suggested that free speech rights should not “be sacrificed on such slim evidence.”

Kendall observed that the “First Amendment also includes something about the freedom of the press” –  different than, say, Exxon Mobil. “This case raises fundamental questions about what at its core our constitutional protects,” he said, positing the analogy of  “We the people vs We the corporations.”

After that exchange, the substantive issues of whether video depictions of animal cruelty are protected under the First Amendment or national monuments on private land felt positively quotidian, despite the rigorous analysis of the precedents and relevance of the matters.

Miranda,  separation of powers and revisiting federalism

Harris explained that two different cases will be relevant to revisiting Miranda, one of which will address whether a citizen has the right to counsel during questioning. As she pointed out, these cases are “the first real cuts” for Roberts and Alito at the issue.

Another case will visit the question of whether you “deprive employer of honest services” by using business equipment – like, say a computer – on the job for personal or family business. That’s a serious question, given  both the open language and vagueness of the law in question and the way it could impact millions of people who conduct personal business online daily.

Harris also indicated that the case raised questions regarding the separation of powers – classic federalism issues.

Another case, Melendez v Diaz, will focus upon the 6th Amendment, involving the Confrontation Clause. At issue is whether  lab reports represent testimoniasl, which goes to the question of their introduction in trial. Is it enough for a defendant to call the analyst as his own witness? Or does the state need to do so? It “seems like the question is answered,” said Harris.  “What’s different?” The answer is practical: a new Justice. The practical concerns of bringing in analysts each time lab results are presented are significant – doing so would slow process. Given her self-identification as a legal pragmatist, will Sotomayor be more receptive than Souter was?  Harris doesn’t think so.

Separation of powers is also at issue with regards to the Public Accounting Oversight Board (PCAOB), as referenced above. The PCAOB, said Carvin, is “outside of government and presidential control” – that’s a  separation of powers issue.  The defense of agency is “unprecedented in American history,” he said.  The President can appoint or remove chairmen from institutions within the so-called “4th branch,” like the  SEC, FCC or Federal Reserve. In Carvin’s view, PCAOB is a 5th branch,”  with the SEC holding limited ability to influence regulations coming from it.

Criminal matters

According to Lisa Kung, Troy, Alabama has the highest number of capital convictions in the state. The case  of Hollywood v. Allen has raised issues around a  “cut & paste” judicial process at play there, where decisions are showing up with typos from drafts, like “proposed” making it through or misspellings of judges’ names. The question of the case? “What kind of deference does a federal court pay to this kind of judicial…nonsense,” said Kung, focusing less on the minutiae of mistakes and more on the quality of decisions.

Kung also discussed the case of Sullivan vs Ford, where the Supreme Court will decide on the issue of juvenile life without parole. The young man in question was sentenced at 13 years old to life in prison with no chance of parole. “Will it extend Roper?” Kung asked. That care is relevant  to the application of the death penalty under 18. Will Kennedy’s reasoning apply?

Kung brought up a case in which prosecutors were caught acting badly in Iowa by fabricating evidence. The relevant question is how much immunity should the law give to a prosecutor?

Business Docket

A case involved the NFL and antitrust law is coming up, specifically the use of the NFL’s intellectual property by others. The decision and  reasoning behind it could apply to any sort of joint venture down the road.

There’s also a patent case, examining what represents an eligible process. At issue in the Bilsky case is a business method, specifically a theory of hedge fund risk management.

Merck is also on the docket. That’s “part of trend where court taking cases cutting back on plaintiff’s bar,” said Deanne Maynard. “At what point does the plaintiff know enough that it should file?” In this case, the issue is over the troubled pain reliever, Vioxx.

Finally, there’s an issue over property, a case of “classic takings mode,” says Carvin. In Florida, if you own a beach house, the law says that you own the sand down to the high water mark. Like many coastal communities, Florida’s beach homes have been losing land due to erosion. Local governments have tried shoreline replenishment on the beaches in the state, which added 75 feet.  That’s the crux of the issue; the state then asserted that land is public. Home owners disagree.

Carvin, who argued  Bush v. Gore in front of the Floride Supreme Court, pointed out that this case may be memorable, in terms of how that court might change the law.  In essence, he sai,d the court seems to have changed property rights by reinterpretation.

Parting thoughts: SupremeCourt.gov and finding information on cases

I was lucky to hear this preview of the cases coming up – I’m hopeful that the ACS will be releasing video of the session to the public. My observation after some searching online is that, despite SCOTUSblog and other watchers, resources that enable citizens to easily find out what cases are being heard aren’t easy to come by. The court’s website, SupremeCourtus.gov, provides information on recent decisions but the docket page is out of date and relies on the visitor knowing case numbers. Hearing lists are blank. The calendar page is a PDF that doesn’t indicate when individual cases are being heard.

I’m far from the first person to feel some angst over this issue. According to Fast Company, the court’s staffers know the site can use a redesign. The Sunlight Foundation’s Daniel Schuman confirms that in a post on redesigning the Supreme Court: “The Justices appear to agree. They’ve recently ask Congress for money to move control of the site in-house, taking over responsibility from the GPO.”

You can see the Sunlight Foundation’s mockup of what such a redesign might look like, below. The Foundation’s other suggestions, if implemented, would go a long way to making the Court’s cases, decisions and operations more transparent to the American people. I hope they are taken up, along with the long list of cases above.

The Sunlight Foundation's mockup of a new Supreme Court website

The Sunlight Foundation's mockup of a new Supreme Court website

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September 18, 2009

Cloud computing and DC, OpenID, privacy, cybersecurity, 3121, CongressCamp, Gov20 and the US CIO

Fall came and with it a torrent of news and events. I’m still sifting through news, ideas and encounters from the Gov 2.0 Summit last week. I’m still smiling after meeting Clay Shirky, Craig Newmark and Vint Cerf. The “father of the Internet,” below was  a kind, gentlemanly presence at Google’s offices after the Gov 2.0 Expo.

Vint Cerf at Google

Vint Cerf at Google

Following up on Gov 2.0, I wrote about how D.C.’s CTO found both compliance cost savings benefits to cloud computing and reported on the OpenID federated identity framework set for .gov authentication pilot.

In a snarky moment, I caught the Twitter fail whale surfacing during a discussion on cloud computing.

fail-whale-cloud-computing-gov20
Ironic animal.

I recorded a half hour of video with Chris Messina and David Recordon discussing OpenID authentication and .gov websites.

I wrote a short piece that sized up U.S. CIO Vivek Kundra on Data.gov, OpenID and government transparency.

I blogged about how U.S. CTO Chopra focused on transparency and outcomes at Gov 2.0.

After I made it through that writing, I summarized new research from the IAPP that showed privacy policy success lies in collaboration with IT and synthesized the expectations of Center for Democracy and Technology analysts regarding federal technology policy here Washington.

And I managed to get a post up about how 3121 brings social networking and security challenges to Capitol Hill that included an interview with the CTO responsible for getting this new professional network for Congressional staffers working properly.

At the beginning of the week, I also wrote three posts on Congress Camp, including:

I visited the FCC for the first time, where I watched the panels on broadband and healthcare.

And on one pleasant fall night, I also visited the National Press Club, where the DC Social Media Club hosted a panel that discussed  how mainstream media is using social media tools.

I think I like living in the District.

I know this is a lot of “I” but hey, this is my blog. Thanks for visiting!

I can’t wait for the weekend! BBQs with friends and family, bike rides, plenty of time outdoors.

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September 17, 2009

MSM using social media tools at the National Press Club

I went to the Washington, D.C. Social Media Club’s fall kickoff meeting tonight, which featured a terrific panel on Mainstream Media Using Social Media Tools. The moderator,  Jeff Mascott of Adfero, facilitated an excellent discussion with three journalists from traditional print publications:

I livestreamed the event through the digiphile channel at livestream.com. I couldn’t get the video from livestream to embed below correctly, so you’ll need to watch the session on demand at livestream.com. I wish I’d had a better mic and found a seat in the middle for a closer view. That said, the Social Media Club recorded a high quality version of the panel that will be available soon, so you won’t have to rely on my artifacted stream and low sound levels. Nota Bene: forward ahead to 6:30 or so, when the panel actually begins!

My insights for the night?

Challenges for the @Washingtonian include retaining a traditional editorial “voice” online and yet adding some  irreverance and snark on social media platforms. Apparently, the editors want stories to be published in print first and then the  Web second. That may be a  tough balance to strike.

Social media “enables me to compete with NFL and ESPN,” said @Cindyboren of the @WashingtonPost. Twitter levels the playing field for her.

The toughest challenge for  for @RickDunham? Time management, given the need to keep up with updating the Houston Chronicle’ digital outposts and the conversations . Community moderation is unending and necessary.

Rick also made a fascinating point about #journalism ethics and #socialmedia: keeping ideological balance with subscriptions to fan pages for politicians on Facebook is important in the digital age to maintain balance. Reporters need to follow everyone on their beat.

I asked a question about sourcing, as you’ll see if you watch the video. The panel provided good answers. Both @cindyboren and @rickdunham apply classic standards of #journalism to confirm the truth of statements, usually by calling people or  “@’ing the source.” Pick up that phone!

Rick also made a fascinating observation: the Chronicle is  realizing real adverstising revenue by livestreaming confirmation hearings and Congressional town halls to interested readers. Er, viewers.  By carrying such news events on their websites, newspapers have become in effect independent Internet TV stations. Hello, convergence.

As an aside, I learned Helen Thomas is @frontrowhelen on Twitter. @IkePigott made her an account.

Great event. Many new faces, with others now becoming more familiar as I get to know the local DC new media community.

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August 28, 2009

Social media and compliance, online privacy, Twitter security and the CIO of Massachusetts [new articles]

After to moving to DC the beginning of August, I’ve focused in on my beat:  how laws and regulations affects IT operations.

I described how Anne Marguiles is approaching her role as the CIO of the Commonwealth of Massachusetts, focusing on innovation, privacy and security.

I reported on the amendment of the  Massachusetts data protection law.

I wrote  a digest of some of the debate in the blogosphere, positing that standards aren’t security, when it comes to PCI compliance and Heartland’s data breach.

Prompted by the work of a contributor, I asked what online privacy expectations exist for social media use at work?

Afterwards, I published a series on social media and compliance, focusing first on online privacy regulations, then the ECPA and online privacy and finally drafting a social media and online privacy policy.

Recently, I blogged about how a Twitter security hole highlights need for a social media policy today.

It’s been a great first month in Washington. I look forward to the return of Congress in September.