Law in the Internet Society

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OrnaMadiganSecondEssay 3 - 17 Jan 2024 - Main.OrnaMadigan
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META TOPICPARENT name="SecondEssay"

The Why Question

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-- By OrnaMadigan - 28 Nov 2023
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-- By OrnaMadigan - 16 Jan 2023
 

Introduction

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Formally released in November of 2008, the open source online editor Etherpad promised “collaborative editing in really real time.” One click and any user could begin a new document, a quick copy-send of the url later and friends and collaborators could join, within minutes multiple people all working simultaneously in a single document.

Now, if you are anything like my millennial self you likely are doing a double take, asking yourself; “Did she mean to say Google Docs?” If that’s the case, you are not far off. Etherpad functions in much the same way as the Google Doc you recently sat up all night editing ahead of your group project deadline. However, unlike Google Docs, Etherpad has no third-party servers, no fear of data leaks, or user information being packaged and sold at the behest of big tech giants. Etherpad is all of the positives, with none of the surveillance capital negatives. And yet, here I am writing this first draft in a Google Doc, leaving the question–why?

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Released in November 2008, Etherpad, an open-source online editor, promised “collaborative editing in really real time.” With just one click, users could start a document, share the URL, and have friends and collaborators join in minutes. Now, if you are anything like my millennial self you likely are doing a double take, asking yourself; “Did she mean to say Google Docs?” If that’s the case, you are not far off. Etherpad operates similarly to Google Docs but without third-party servers, eliminating concerns about data leaks and user information being sold by big tech giants. Etherpad is all of the positives, with none of the surveillance capital negatives. And yet, here I am writing this first draft in a Google Doc, leaving the question–why?
 

The Question

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This “why” is the exact question Professor Moglen enjoys lobbing to his computer-screen lit Law in the Internet Society class late on Wednesday afternoons, and when an under eye-bagged student extends for the catch, it normally boils down to the same quibbles–I have to for school or work, everyone uses it, the other options are not as good or non-existent etc. I had the latter answer the day I reached out my mitt and was probed the ever present “why” as it pertains to my usage of Google Docs? Professor Moglen’s rebuttal, of course, was Etherpad. Caught off guard by the techy title, I navigated to Etherpad’s homepage. Quickly, the naivety the parasite had evidently injected into me was laid out in all its glory. For the first time I was uncertain whether I had, of my own free will, chosen Google Docs or whether the parasite had chosen it for me. A parasite that feeds off my data, digesting and repackaging it to make me into an easily and readily manipulable data point, whose current and future decisions may already have been decided.

This particularly uncanny realization and the question it has spurred has proven unshakeable. Were there other alternatives? Did they work? Was anyone able to actually gain popularity against the parasitic tech offspring of Jobs and Zuckerberg? Had I already lost the ability to control my “future tense” as Zuboff has coined.

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This “why?” is the exact question Professor Moglen enjoys lobbing to his computer-screen lit Law in the Internet Society class. On the day this question finally made it to my back row seat, specifically pertaining to my own use of Google Docs, I had nothing more to offer than the already passee quibble that there were no viable alternatives. Professor Moglen’s rebuttal, of course, was Etherpad. Typing the tech-y name into my browser and navigating through its homepage, I quickly realized my naivety. Before me was the perfect alternative, with all the functionality and tools of Google Docs sans data-soul-selling. Leaving class that day the uncanny feeling that I had not chosen Google Docs but in fact maybe Google Docs had picked me was unshakeable–had I already lost the ability to control my “future tense” (see Zuboff).
 

The Search

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So, I began to look. I started searching for alternatives to the platforms I frequented all too often; Instagram, TikTok? , BeReal? , Gmail and the like. In these meanderings I came across Moments. Created by a team of 3 undergraduate students at Columbia University (go figure), the app brands itself as a “new social media” that preserves “your memories, your way.” In their catchy product launch TikTok video they state plainly their mission to “take down instagram,” and dethrone petty, money-hungry, Mark Zuckerberg. The platform itself is quite basic. Following a quick download from Apple’s App Store any Iphone user can begin running it in mere moments. The app itself allows users to post “photo-dumps” or create event-specific albums that friends can add to or comment on. The major difference between Moments and other media platforms, Instagram for example, is that only those one invites to see or add to a “moment” will see it “no followers. No following.” The creators emphasize that moments is a “safe space”, no more scrolling through “influencers and reels bullshit” or “daunting pressure” over what you post or worrying about being “silently judged.” However, another crucial part of this app–its promised security. Only a few days after its launch the app experienced major slow downs, the reason the creators told their users “the main difference between us and Instagram is that we will never switch up on privacy. We want to ensure everyone’s data is encrypted so it can never be sold. Which is why things are taking a bit longer to scale because we never want to sacrifice privacy.”
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Prompted by this feeling in my free time I began to search for other Etherpad-like alternatives, with a specific eye to the social media platforms I frequented the most. In these meanderings I came across the app Moments, a "new social media" with a mission to “take down instagram,” dethrone money-hungry Mark Zuckerberg, and alleviating the “pressures” of current social media platforms. A centralized, privacy aware photo-sharing social platform, Moments allows users to create private photo albums or event-specific photo collections without the typical follower-following dynamics (only those one invites to see or add to or comment on a 'moment' will be able to). By eliminating the “influencers and reels bullshit” and worries about being “silently judged” the creators contend that the app creates a “safe space” for users to capture their favorite memories and interact with friends online. But pressure wasn’t the only thing top of mind for the creators. In a video to users the creator noted “the main difference between us and Instagram is that we will never switch up on privacy. We want to ensure everyone’s data is encrypted…because we never want to sacrifice privacy.” Integral to their app, unlike those I frequented such as Instagram, Tik Tok and the like, was ensuring that privacy was always a priority.
 There it was social-media sans behavioral futures markets participation, and the answer to my question – yes, just like Etherpad it is possible.
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An Answer, But What About A Future?

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A Return to the Why?

Once again, I found myself grappling with the same question. If Moments and Etherpad are possible then why do I continue to draft this essay in Google Docs while looking over to check my Instagram notifications, happily running on a server of which I have no control? Obvious excuses come to mind. Firstly, there is the inertia of habit and the clutch of addiction. Having joined Facebook in 2007 at the tender age of 11 the dopamine-fueled highs of social media have become a daily necessity. Breaking free from these ingrained habits of course demands effort, time and the daunting prospect of battling the pangs that accompanies any withdrawal. Secondly, there is the reality of how gargantuan of a task this presents. Zuboff herself calls surveillance capitalism an entirely new economic order. With a year and a half left of law school classes and final exams, the notion of dismantling an entirely new order induces a sense of change paralysis. Not to mention, the tech-speak fluency it seems necessary to approach this world (even reviewing feedback I found myself searching for examples of federated platforms to truly grasp the term). Finally, the fear of missing out. Sure, these alternatives work, but it would take a mass exodus of the users that currently make up my online world for any new federated, or privacy aware platform to truly be comparable (of course I could choose to return full time to the land of the living but as Moments has shown there’s no need for the choice to be between social media and privacy).
 
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Although all of these feed into my lack of change, they are mostly surface level excuses. As I reflect now trying to dig deeper, I think the fundamental reason behind my reluctance to alter my interactions with the parasite is a desire (maybe even a need) to believe that my choices are my own. Sure, now as I approach the intersection of Broadway and West 110th Street, I receive a notification from my Chipotle app with an offer for “FREE chips with purchase of any bowl or burrito,” still, the decision to enter the store and purchase an entree feels like a product of my own agency. If this is just an allusion, then it assuredly implies that the battle has already been lost, pushback futile. Hence, I choose to cling to the belief in my freedom, afraid that if I take a stand(set up a freedom box, remove myself from Instagram, create my own photo-sharing alternative), I am in some way acknowledging that I am in trouble.
 
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Although I believe this knowledge of possibility holds power in and of its own–I downloaded the app, I have begun to use Etherpad (sporadically), I was intrigued to understand what exactly was fueling those making the change. You see, from my perspective Etherpad had been a before, created at the precipice of the Google Docs’ own inception, it appeared it had already lost the race towards mass usage. But Moments, on the other hand, held a different hope. It was an after, a competitor, an antithesis and interestingly, what seemed to be motivating them was not entirely the same as the creators of Etherpad. Top of mind for the creators of Moments was not necessarily privacy, but escape from the feelings and emotions they were recognizing the parasite was invoking in them. The creators market the app by emphasizing the shared experiences of those in their generation feeling crushed by the [[https://www.tiktok.com/@ahmadnabihah/video/7291810400373394731][“daunting pressure,” “influencer..bullshit.” “judg[ment],”]] and worries that one “did too much by adding a song to your story.” Privacy, was just a tool to achieve this end. Although, different from the developers a decade before them, this shock to action leaves a glimmer of hope that possibly the parasites side effects may jolt this new generation to fight back.
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However, upon reflecting I think it would be remiss not to acknowledge that while this belief may dampen my urgency for change, it may also serve as the lifeline keeping a hope for change alive. I think it may be this same hope that also fuels the creators of Moments and those who keep Etherpad running, the hope that we still have the ability to be free.
 

Conclusion

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The day I was asked why Google Docs I felt quite hopeless. Although Etherpad reflected maybe a shimmer of hope I still was not totally convinced. However, looking at Moments, despite its illumination of the exact ills the parasite has ingrained in us–worry, fear, judgment, obsession, I see a realization that it has to stop. To date, 238,000 people have liked Moments launch video on TikTok? , if people did not care about gaining back their online freedom this would not be so. Then again, a quick scroll on the Moment’s creator’s personal page and you’ll find a picture of her smiling, a yellow google branded bike in hand, Google’s Silicon Valley headquarters in the background.

Excellent. This is learning and thinking going on, is it not?

Let's apply the anatomical and physiological analysis I offered in class to this evolving discovery. The Web is the underlying structure through which services are offered by things called webservers to things called browsers (mostly, although programs other than browsers can and do very effectively make use of web services). Kinds of services that can exist include collaborative editing and photo sharing. Services can be centralized (to be provided by particular servers) or federated, to be provided by servers anyone can stand up and add to the federation, serving either particular requestors or the public net, or levels in between. The desire to provide services that do not surveil users is consistent with either centralized or federated design, but centralization abets surveillance and federation somewhat impedes it. If the software for providing the service is free software (that is, software anyone can copy, modify and share without additional restrictions) then services will tend to federate, surveillance will tend to be modified out by parties who want to increase service privacy, and bottlenecks will be melted by the combined effort of cxooperating programmers. (This is not speculation: this is the history of the last quarter-century of software, the legal aspects of which I have myself done much to create and enhance.)

Etherpad is free software for federated provision of collaborative networking, enclosed and turned by Google into a centralized surveilling service. Moments is a centralized, privacy-aware service based on unfree software. As you can see and feel, its ethos is different and the bicycle shows why.

But there's nothing to prevent you from standing up your own webserver (including one that is virtual, based in the cloud and configured to be as secure as any server running on someone else's hardware could be) and sharing photos using any of the (literally) thousands of free photo-album service programs made of free software that you could run on it. You could provide the same levels of encryption of user data and other security provided by Moments, and then let other people use your serve for their albums. And you could be doing the same right now using a server set up (maybe on a FreedomBox?) by a sixteen-year-old near you.

So we are back to the question, why? As in, why don't you? I think it would be a very great improvement if you actually devoted a little more of the next draft to unearthing fragments of the answer.

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Although these last few months have brought me closer to my why, the search remains active. At the moment, I will continue to perform the intricate dance between futility and hope. However at least now, each step will be made with a keener eye for finding alternatives, and questioning my autonomy.
 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

OrnaMadiganSecondEssay 2 - 09 Jan 2024 - Main.EbenMoglen
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META TOPICPARENT name="SecondEssay"
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

The Why Question

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 The day I was asked why Google Docs I felt quite hopeless. Although Etherpad reflected maybe a shimmer of hope I still was not totally convinced. However, looking at Moments, despite its illumination of the exact ills the parasite has ingrained in us–worry, fear, judgment, obsession, I see a realization that it has to stop. To date, 238,000 people have liked Moments launch video on TikTok? , if people did not care about gaining back their online freedom this would not be so. Then again, a quick scroll on the Moment’s creator’s personal page and you’ll find a picture of her smiling, a yellow google branded bike in hand, Google’s Silicon Valley headquarters in the background.
Added:
>
>
Excellent. This is learning and thinking going on, is it not?

Let's apply the anatomical and physiological analysis I offered in class to this evolving discovery. The Web is the underlying structure through which services are offered by things called webservers to things called browsers (mostly, although programs other than browsers can and do very effectively make use of web services). Kinds of services that can exist include collaborative editing and photo sharing. Services can be centralized (to be provided by particular servers) or federated, to be provided by servers anyone can stand up and add to the federation, serving either particular requestors or the public net, or levels in between. The desire to provide services that do not surveil users is consistent with either centralized or federated design, but centralization abets surveillance and federation somewhat impedes it. If the software for providing the service is free software (that is, software anyone can copy, modify and share without additional restrictions) then services will tend to federate, surveillance will tend to be modified out by parties who want to increase service privacy, and bottlenecks will be melted by the combined effort of cxooperating programmers. (This is not speculation: this is the history of the last quarter-century of software, the legal aspects of which I have myself done much to create and enhance.)

Etherpad is free software for federated provision of collaborative networking, enclosed and turned by Google into a centralized surveilling service. Moments is a centralized, privacy-aware service based on unfree software. As you can see and feel, its ethos is different and the bicycle shows why.

But there's nothing to prevent you from standing up your own webserver (including one that is virtual, based in the cloud and configured to be as secure as any server running on someone else's hardware could be) and sharing photos using any of the (literally) thousands of free photo-album service programs made of free software that you could run on it. You could provide the same levels of encryption of user data and other security provided by Moments, and then let other people use your serve for their albums. And you could be doing the same right now using a server set up (maybe on a FreedomBox?) by a sixteen-year-old near you.

So we are back to the question, why? As in, why don't you? I think it would be a very great improvement if you actually devoted a little more of the next draft to unearthing fragments of the answer.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

OrnaMadiganSecondEssay 1 - 28 Nov 2023 - Main.OrnaMadigan
Line: 1 to 1
Added:
>
>
META TOPICPARENT name="SecondEssay"
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

The Why Question

-- By OrnaMadigan - 28 Nov 2023

Introduction

Formally released in November of 2008, the open source online editor Etherpad promised “collaborative editing in really real time.” One click and any user could begin a new document, a quick copy-send of the url later and friends and collaborators could join, within minutes multiple people all working simultaneously in a single document.

Now, if you are anything like my millennial self you likely are doing a double take, asking yourself; “Did she mean to say Google Docs?” If that’s the case, you are not far off. Etherpad functions in much the same way as the Google Doc you recently sat up all night editing ahead of your group project deadline. However, unlike Google Docs, Etherpad has no third-party servers, no fear of data leaks, or user information being packaged and sold at the behest of big tech giants. Etherpad is all of the positives, with none of the surveillance capital negatives. And yet, here I am writing this first draft in a Google Doc, leaving the question–why?

The Question

This “why” is the exact question Professor Moglen enjoys lobbing to his computer-screen lit Law in the Internet Society class late on Wednesday afternoons, and when an under eye-bagged student extends for the catch, it normally boils down to the same quibbles–I have to for school or work, everyone uses it, the other options are not as good or non-existent etc. I had the latter answer the day I reached out my mitt and was probed the ever present “why” as it pertains to my usage of Google Docs? Professor Moglen’s rebuttal, of course, was Etherpad. Caught off guard by the techy title, I navigated to Etherpad’s homepage. Quickly, the naivety the parasite had evidently injected into me was laid out in all its glory. For the first time I was uncertain whether I had, of my own free will, chosen Google Docs or whether the parasite had chosen it for me. A parasite that feeds off my data, digesting and repackaging it to make me into an easily and readily manipulable data point, whose current and future decisions may already have been decided.

This particularly uncanny realization and the question it has spurred has proven unshakeable. Were there other alternatives? Did they work? Was anyone able to actually gain popularity against the parasitic tech offspring of Jobs and Zuckerberg? Had I already lost the ability to control my “future tense” as Zuboff has coined.

The Search

So, I began to look. I started searching for alternatives to the platforms I frequented all too often; Instagram, TikTok? , BeReal? , Gmail and the like. In these meanderings I came across Moments. Created by a team of 3 undergraduate students at Columbia University (go figure), the app brands itself as a “new social media” that preserves “your memories, your way.” In their catchy product launch TikTok video they state plainly their mission to “take down instagram,” and dethrone petty, money-hungry, Mark Zuckerberg. The platform itself is quite basic. Following a quick download from Apple’s App Store any Iphone user can begin running it in mere moments. The app itself allows users to post “photo-dumps” or create event-specific albums that friends can add to or comment on. The major difference between Moments and other media platforms, Instagram for example, is that only those one invites to see or add to a “moment” will see it “no followers. No following.” The creators emphasize that moments is a “safe space”, no more scrolling through “influencers and reels bullshit” or “daunting pressure” over what you post or worrying about being “silently judged.” However, another crucial part of this app–its promised security. Only a few days after its launch the app experienced major slow downs, the reason the creators told their users “the main difference between us and Instagram is that we will never switch up on privacy. We want to ensure everyone’s data is encrypted so it can never be sold. Which is why things are taking a bit longer to scale because we never want to sacrifice privacy.”

There it was social-media sans behavioral futures markets participation, and the answer to my question – yes, just like Etherpad it is possible.

An Answer, But What About A Future?

Although I believe this knowledge of possibility holds power in and of its own–I downloaded the app, I have begun to use Etherpad (sporadically), I was intrigued to understand what exactly was fueling those making the change. You see, from my perspective Etherpad had been a before, created at the precipice of the Google Docs’ own inception, it appeared it had already lost the race towards mass usage. But Moments, on the other hand, held a different hope. It was an after, a competitor, an antithesis and interestingly, what seemed to be motivating them was not entirely the same as the creators of Etherpad. Top of mind for the creators of Moments was not necessarily privacy, but escape from the feelings and emotions they were recognizing the parasite was invoking in them. The creators market the app by emphasizing the shared experiences of those in their generation feeling crushed by the [[https://www.tiktok.com/@ahmadnabihah/video/7291810400373394731][“daunting pressure,” “influencer..bullshit.” “judg[ment],”]] and worries that one “did too much by adding a song to your story.” Privacy, was just a tool to achieve this end. Although, different from the developers a decade before them, this shock to action leaves a glimmer of hope that possibly the parasites side effects may jolt this new generation to fight back.

Conclusion

The day I was asked why Google Docs I felt quite hopeless. Although Etherpad reflected maybe a shimmer of hope I still was not totally convinced. However, looking at Moments, despite its illumination of the exact ills the parasite has ingrained in us–worry, fear, judgment, obsession, I see a realization that it has to stop. To date, 238,000 people have liked Moments launch video on TikTok? , if people did not care about gaining back their online freedom this would not be so. Then again, a quick scroll on the Moment’s creator’s personal page and you’ll find a picture of her smiling, a yellow google branded bike in hand, Google’s Silicon Valley headquarters in the background.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

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Revision 3r3 - 17 Jan 2024 - 04:15:22 - OrnaMadigan
Revision 2r2 - 09 Jan 2024 - 14:47:48 - EbenMoglen
Revision 1r1 - 28 Nov 2023 - 04:30:26 - OrnaMadigan
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