OT: Standing Up

From The New Yorker: Annals of the Pentagon: The Memo [pdf]

“Never has there been a counsel with more intellectual courage or personal integrity,” David Brant, the former head of the Naval Criminal Investigative Service, said. Brant added somewhat cryptically, “He surprised us into doing the right thing.” Conspicuous for his silence that night was Mora’s boss, William J. Haynes II, the general counsel of the Department of Defense.

Back in Haynes’s office, on the third floor of the Pentagon, there was a stack of papers chronicling a private battle that Mora had waged against Haynes and other top Administration officials, challenging their tactics in fighting terrorism. Some of the documents are classified and, despite repeated requests from members of the Senate Armed Services Committee and the Senate Judiciary Committee, have not been released. One document, which is marked “secret” but is not classified, is a twenty-two-page memo written by Mora. It shows that three years ago Mora tried to halt what he saw as a disastrous and unlawful policy of authorizing cruelty toward terror suspects.

Related: Senior Lawyer at Pentagon Broke Ranks on Detainees

What To Do When Features Are Forced On You?

I have colleagues who are desperate to find cellphones without cameras so they can take them to secure sites: It Rings, Sings, Downloads, Uploads. But Can You Stand It?

If the nation’s biggest cellular carriers are not impressing early adopters like Mr. Harper, it may be years before ordinary consumers start signing up in sizable numbers for the new services, which were introduced about a year ago.

American carriers combined have spent about $10 billion in the last three years to upgrade their networks. Verizon Wireless now offers 3G services in 181 markets, while Sprint expects to match Verizon’s coverage in the coming months. Cingular uses a different 3G technology that is available in 52 cities. (T-Mobile, the fourth-largest carrier, plans to introduce 3G services next year.)

With individual subscribers spending less on standard voice-only plans, the carriers are banking on consumers to move rapidly to more expensive 3G services and do more than talk on their handsets. But the experience of carriers that introduced 3G services in Japan, Korea and elsewhere is sobering. In those countries, it took years before phones and plans were cheap enough to entice consumers to use the new data features, and even longer before carriers saw any return on their investment.

American carriers have not released separate figures for 3G cell subscribers. But industry analysts say there may be fewer than five million 3G phones in use, or less than 3 percent of the market, and only two million of those are connected to a 3G data plan.

“The biggest impediment is not pricing or technology, but consumer behavior,” said Charles S. Golvin, an analyst at Forrester Research. “Most people still look at these things as phones.”

Later, related: Corporate Security: Too Many New Gadgets, Too Much Information at Risk

Life in the SnakePit

Sony’s content v. consumer electronics schizophrenia is not directly cited in this tale, but I am confident it played a role in Lack’s downfall: Behind the Music: How a Sony-BMG Feud Went Public

“It’s the subtleties of this business that can kill you,” said Jay L. Cooper, a longtime Los Angeles music attorney. “I’ve seen some of the best and the brightest come into this business and be destroyed by it because they don’t understand.”

Further, Mr. Cooper said, “If you don’t have the confidence and the respect of the people that are working for you, you’ve got a real problem.”

[…] Mr. Lack and his team presided over an estimated $400 million in cost cuts, which included cutting 2,000 people from the payroll. Sony BMG’s sheer scale promised to give Mr. Lack more muscle to establish new standards in the industry, which has been desperately trying to reinvent itself in the era of file-swapping, CD-burning and iPods. But it also gave birth to an in-house rivalry — and not the friendly kind — between Sony’s labels and BMG’s.

[…] Even some critics found him refreshingly candid. Indeed, one curiosity of the internal discontent with Mr. Lack was that many of his critics agreed with his positions, for example, that the company should do more to use its music videos and other visual content to generate new revenue. Many also supported his stance that Apple Computer’s iTunes music service should sell songs for a range of prices instead of its flat rate of 99 cents a song.

Being right, however, did not translate into respect.

And beneath the surface, some executives who worked with Mr. Lack even before the merger found his style less than inspiring.

“It was very difficult for him to approach any situation without assuming that whatever the ‘record guys’ were doing was wrong,” said Rick Dobbis, who was president of Sony Music’s international arm before being squeezed out in the merger, and is now a manager and industry consultant. “It was difficult to believe that you would get support for your ideas.”

Net Neutrality NYT Editorial (Also Steven Levy’s)

Editorial: Tollbooths on the Internet Highway

When you use the Internet today, your browser glides from one Web site to another, accessing all destinations with equal ease. That could change dramatically, however, if Internet service providers are allowed to tilt the playing field, giving preference to sites that pay them extra and penalizing those that don’t.

The Senate held hearings last week on “network neutrality,” the principle that I.S.P.’s –— the businesses like Verizon or Roadrunner that deliver the Internet to your computer –— should not be able to stack the deck in this way. If the Internet is to remain free, and freely evolving, it is important that neutrality legislation be passed.

In its current form, Internet service operates in the same nondiscriminatory way as phone service. When someone calls your home, the telephone company puts through the call without regard to who is calling. In the same way, Internet service providers let Web sites operated by eBay, CNN or any other company send information to you on an equal footing. But perhaps not for long. It has occurred to the service providers that the Web sites their users visit could be a rich new revenue source. Why not charge eBay a fee for using the Internet connection to conduct its commerce, or ask Google to pay when customers download a video? A Verizon Communications executive recently sent a scare through cyberspace when he said at a telecommunications conference, as The Washington Post reported, that Google “is enjoying a free lunch” that ought to be going to providers like Verizon.

Later: Steven Levy also has a piece in Newsweek: When the Net Goes From Free to Fee [pdf]

It’s true we desperately need our broadband providers to give us bigger Internet pipes to feed our need for bandwidth-gobbling activities like streaming video. (We are way behind countries like Japan and South Korea, which typically offer consumers speeds up to 50 times faster, often at lower prices than what we pay for our poky consumer-level cable and DSL.) But as explained by AT&T’s head of external affairs, Jim Cicconi, the increase in capacity would come mainly in those new limousine lanes. “We’re building a new capacity, and we have the right to charge people to use it,” he says. While AT&T promises not to block or degrade the services and Web sites in the free lanes, companies that don’t pay (or are denied access because of competitive reasons) would essentially be relegated to an eternal traffic jam.

The broadband providers say that they do support an open Internet, and we should view these premium services as supplements, to ensure that applications like voice and video get reliable quality. But the bottom line is that your bits won’t be treated the same as my bits.

“This would literally be the end of the Internet,” says Stanford law professor Lawrence Lessig. His complaint isn’t that the Googles of the world may have to pay if they want fast-lane access—the winners can take care of themselves. Instead, he fears that the next Google won’t ever get the chance to establish itself—because it would be stuck in the slow lane. Google itself finds the concept abhorrent, and not because it may have to pay AT&T. “New innovation in the marketplace increases our business,” says Google’s Vint Cert, a recent hire who is one of the Internet’s creators. If start-ups can’t go fast, he says, the Internet will be a “zero-sum game.”

Control and Distribution: Video Clips

A Video Clip Goes Viral, and a TV Network Wants to Control It

When a video clip goes “viral,” spreading across the Web at lightning speed, it can help rocket its creators to stardom. Alas, the clip can also generate work for corporate lawyers.

[…] Fans immediately began putting copies of the video online. On one free video-sharing site, YouTube (www.youtube.com), it was watched a total of five million times. NBC soon made the video available as a free download from the Apple iTunes Music Store.

Julie Supan, senior director of marketing for YouTube, said she contacted NBC Universal about working out a deal to feature NBC clips, including “Lazy Sunday,” on the site. NBC Universal responded early this month with a notice asking YouTube to remove about 500 clips of NBC material from its site or face legal action under the Digital Millennium Copyright Act. YouTube complied last week. “Lazy Sunday” is still available for free viewing on NBC’s Web site, and costs $1.99 on iTunes.

Julie Summersgill, a spokeswoman for NBC Universal, said the company meant no ill will toward fan sites but wanted to protect its copyrights. “We’re taking a long and careful look at how to protect our content,” she said.

OT: Photographic Milestone Coming

1-Hour Brainstorm Gave Birth to Digital Imaging [>a href=”docs/washpost/2006-02-20_washpost_ccds.pdf”>pdf]

In a one-hour brainstorming session in late 1969, Boyle and Smith drew up the basic design for a memory chip they called a “charge-coupled device,” more familiarly known as a “CCD.” It worked fine for data storage — but anybody could see that its future lay in its breathtaking potential for capturing and storing images.

CCDs are what made digital still and video cameras possible. CCDs can X-ray a child’s teeth, see a person’s insides during laparoscopy, and produce stunning images of the Martian desert from the “eyes” of NASA’s traveling rovers.

Although less familiar to the public, Boyle and Smith’s device has become as ubiquitous as the laptop computer or the laser. These integrated circuits capture and store light in devices as mundane as supermarket bar-code readers and as spectacular as the Hubble Space Telescope.

Tomorrow, the National Academy of Engineering will recognize their breakthrough, awarding them the $500,000 Charles Stark Draper Prize, one of engineering’s most prestigious honors.

Also Digital Moves to Top-Tier Cameras

WaPo’s Great Firewall of China #2: A Look At WikiPedia

Reference Tool On Web Finds Fans, Censors [pdf] (note that the PDF includes all the graphic panels, etc accompanying the article)

But today, four months after Shi submitted his letter, Wikipedia remains blocked.

The government has declined to explain its actions. But its on-again, off-again attempts to disrupt access to the site highlight the Communist Party’s deep ambivalence toward the Internet: The party appears at once determined not to be left behind by the global information revolution and fearful of being swept away by it.

[…] But as the Chinese Wikipedia flourished, the authorities apparently came to see it as another threat to the party’s control of information, and an example of an even more worrying development. The Internet has emerged as a venue for people with shared interests — or grievances — to meet, exchange ideas and plan activities without the party’s knowledge or approval.

[…] Studies suggest this digital interaction is changing the traditional structure of Chinese society, strengthening relations among friends, colleagues and others outside family networks. In a multinational survey, a much larger percentage of Internet users in China than anywhere else said online communication had increased their contact with people who shared their hobbies, professions and political views.

The Communist Party polices these emerging Internet communities with censors and undercover agents, and manages a Web site that it said received nearly a quarter-million anonymous tips about “harmful information” online last year. But the methods the party uses to control speech and behavior in the real world have proved less effective in cyberspace, where people get away with more, and where the government is often a step behind.

When authorities catch up, citizens often have already weakened the party’s grip on public life and succeeded in expanding civil society. They have organized charity drives for rural schoolchildren and mobilized students for anti-Japanese protest marches. And they learned to work together to write an encyclopedia.

Implementing RealID: No Fun For Anyone

Plan20for20ID20Cards20Drawing20Criticism20-20Los20Angeles20Times [pdf]

But as state legislators around the country now struggle to implement the law by a May 2008 deadline, many say it is highly problematic.

Officials in California say that meeting federal requirements could cost the state hundreds of millions of dollars, and that it could also increase identity theft and lead to invasions of privacy. The act is “a man-made disaster,” said state Senate leader Don Perata (D-Oakland).

Later: A suggestion for a rethink of the debate – Op-Ed Contributor: A Card We Should All Carry