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    Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday.
    U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."

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    My first thought about Google Plus: "Here we go again." After Google's earlier attempts at social networking failed spectacularly, it was easy to scoff at this seeming Facebook wannabe.

    Its "Picasa ultimatum" didn't help much either. If you have an account with Picasa, Google's photo-sharing service, the first thing Google asks is whether you'd want to share your Picasa photos. Say no, and you're not allowed to sign up at all. That seemed unnecessarily harsh.

    But I quickly became addicted to Google Plus, a free service that the company is testing with a small group of users for now. It has smart and thoughtful solutions to some irksome limits entrenched in other social-media sites, mainly related to privacy settings and how to share links and posts with groups.

    Google Plus seems aimed at people who are more interested in sharing things with people or groups with similar interests rather than simply amassing the biggest number of online "friends." Its seamless integration with other Google services you may use, from search to online documents, makes it easier to share things online.

    I found privacy settings much easier to manage on Google Plus than on Facebook. The Picasa ultimatum forced me to learn about the settings. After all, the first thing you're likely to do after joining is limit who can see your photos.

    Privacy — deciding whom you share different posts with — seems to be top of mind on Google Plus. That's a relief after Google's earlier debacle with Google Buzz, which had arrived unsolicited and initially created circles of friends automatically based on whom they've corresponded with on Gmail. That meant your boss could see lists of people you've been corresponding with for a new job.

    With Google Plus, no one gets added automatically. Once you sign up, you add people — similar to how you follow people on Twitter. Then, rather than throwing everyone into the same bucket, you choose a circle to put them in.

    Four circles are standard: "friends," "family," "acquaintances" and "following." You can follow anyone without being accepted, whereas Facebook requires the consent of both sides.

    You can create new circles, too, such as "co-workers" and "cousins." Facebook has customizable groups, as well, but I found the groups on Google Plus much easier to use and quicker to navigate.

    Separating people into categories can seem awkward at first. I felt impolite putting people in "acquaintances" rather than "friends" even though no one can see which circle you put them in. But once you get used to it, you can easily share photos of your beach vacation with just your friends — your actual friends, not the broad Facebook definition. Those photos could be off-limits to your boss or your great aunt Zelda, say.

    Any post or link goes only to the circle or circles you designate, and you can drill down to sharing with just one or two people, or no one. You can also make a link public to share it with everyone — including people who have added you to their circles but whom you haven't added to yours.

    However, the privacy settings aren't perfect. Although you can choose to share a post with a limited number of people, the recipients can re-share the post further. It takes some digging to figure out that you can disable re-sharing by clicking on an icon to the right of a post. Google Plus is in very early testing, so these types of settings could still change.

    Unlike Facebook, Google Plus also lets you edit posts after you post them and decide for each post whether to allow comments, a feature I liked.

    Two other features, the ability to group video chat via webcam, called a "Hangout," and the ability to chat with a group, called a "Huddle," have proven to have so much appeal that Facebook quickly followed suit. The company said Wednesday that it will also roll out group chatting and video chatting by teaming with Internet phone company Skype. It will be interesting to see if Facebook ends up adding other Google Plus features.

    Other facts: Google Plus has a "+1" button rather than a "Like" button, but the feature is similar. The only difference is, once you sign up for Google Plus, you see this "+1" button next to every single Google search item, which feels a bit Big Brother-ish.

    On that note, whenever you are on the main Google site or any of its progeny, you also have a black Google bar across the top of your browser, with a Google Plus link. That makes it easy to log on at odd moments. A red notification box alerts you to Google Plus activities, such as when people add you to one of their circles.

    Google Plus has a few gaping holes.

    For example, you can't search ... yet. And there are no addictive third-party apps such as "FarmVille," which people have sunk countless hours playing on Facebook.

    Another thing you can't do easily, strangely, is send a message. To do that you have to create a post and only select one person to see it. It's not rocket science, but with Facebook you can simply click on a person's profile and send a message instantly. I realize Gmail is a button click away, and Google Plus is intended to be a sharing site rather than a full-service social media site, but I still wanted this feature.

    Overall, in my early testing, I find Google Plus a compelling answer to some existing problems in social media. Because of its integration with other Google services and its general ease of use, I would probably prefer using Google Plus to Facebook or Twitter.

    But it all depends on how many people sign up. A sharing site isn't much fun if no one is around to share with. For now, I can't invite friends to join. Google Plus is free, but the company is restricting new sign-ups. Even those who already got a coveted invite are told to try joining later because Google Plus had exceeded its capacity.

    That points to widespread interest the service and its potential to challenge Facebook. Unlike Google Wave and Google Buzz, which never resonated with users, Google Plus does seem more attuned to what people actually want.

    As my co-worker put it, Google Plus is the "grown-up Facebook."

    Do we really need that? We'll see.

    ___

    Online

    http://www.google.com/intl/en/+/learnmore

    http://www.google.com/+/demo

    ___

    Mae Anderson can be reached at http://twitter.com/Maetron

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  • First, Google's launched a new program to identify authors and attribute their webpages to them. The program uses authors' personal Google Profile pages as the focal point for listing and linking all their current work around the Web.

    The program provides some additional visibility to participating authors' work in exchange for their linking more visibly to their Google Profile pages. (Here's mine, so you can see how this works from that end.)

    It's a relatively easy four-step process to participate. But you'll need access to the content management system your publication runs.

    First, you'll need to add a rel="author" attribute to the anchor tags around the bylines of your articles. That anchor tag should hyperlink your author profile page on the same Web domain.

     

  • This is being written on a Chrome Cr-48 Notebook. Yes, I was lucky enough to be chosen to pilot test this notebook and operating system, and I've been using it as my full-time computer since a few days before Christmas. :)

    Let me first say that Google is not trying to compete with tablets or smartphones with this device, nor is it really in competition with other netbooks or notebooks. The Chrome Cr-48 is a different way of computing, not necessarily better or worse than other ways, just different. As a long-time tech geek, this is something I am still getting adjusted towards.

    In many ways, it is a more secure way of computing than what we're all used to, since none of your data exists on the device itself because you can't store anything on this notebook. And as long as you are signed out of your google account, your data in the cloud is secure if you should happen to lose this notebook or have it stolen. There's also no antivirus or any other application that you have to keep updated, the Cr-48 updates itself in the background.

    This is more than Chrome the browser as the notebook, though. I would bet that most people don't know (and most reviews I've read don't mention) that you can jailbreak this notebook (legally) and boot up Ubuntu on it. And if you're a software developer, there is a Developer Mode on the Cr-48 for you. So, yes, you can do programming on this little notebook, or you can build applications (not just browser extensions) for the Chrome Web Store. I'm not a programmer, so I haven't entered Developer Mode or booted into Ubuntu, but so far, I've been able to use this notebook to do pretty much everything I was doing on my Windows desktop with the exception of iTunes (but Pandora works fine).

    I've even managed to crash the Cr-48, but I think that was a fault in Adobe Flash, which I understand Adobe is still working on. To recover, I simply rebooted the notebook and everything was back to normal.

    I even use the Tweetdeck Chrome application for Twitter (found in the Chrome Web Store), although I do prefer the desktop application which has more options. Still, it works. I've watched full-length movies on YouTube and Hulu with no buffering problems. Facebook and Twitter, and all of Google's applications work just as they did on my Windows desktop.

    So far, I'm pretty satisfied with both Chrome OS and the CR-48 Notebook.

    Also see: Why Google's Chrome notebook will succeed, Review: Chrome OS gives a peek at computing future

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    At this moment, our computers are capable of way more than we need them to be. Photos, e-mail, Web, music, a little video. We shame our powerhouse machines with this wimpy activity. It's like driving a Ferrari to the corner store and back. So Google decided to build a Beetle. And it's going to be huge.

    In the past two weeks, Google has started sending out its pilot notebook for testing. Dubbed Cr-48 — a reference to its Chrome operating system — it is little more than a Web browser tucked inside a netbook. Yes, all it does is surf the Web. The device is actually a temporary stand-in. Actual Chrome OS notebooks from Acer and Samsung won't be hitting the market until the middle of this year, once the kinks are ironed out.

    I've been using the Cr-48 for about a week, and I like it more than I thought possible. Its body is a rubberized matte black with no markings — none whatsoever — and its 12-inch screen and full-size keyboard make it feel like a real live laptop. Open it up, log in with your Gmail account, and up comes the browser. "Apps," basically glorified Web links, and all the system settings live inside that tabbed interface. There is no desktop.

    I could tell you all the ins and outs of using it, but you can essentially already try it yourself. Just download Google's Chrome browser, and then head over to the Web app store and you will get pretty much the entire Chrome experience. Even the Cr-48's video chat, via Google Talk, can be duplicated inside a Chrome browser running on pretty much any webcam-equipped notebook.

    Though the device feels quite nice, with some cute aesthetic tweaks such as the Search button that doubles as a new tab button, there is a lot of unfinished business, hence the delayed start. Google admits that though there's a USB port and an SD card reader, they don't quite serve a purpose yet. Printing via Google's Web Print is still a beta affair. And it's not clear what would become of all of the files you've already accumulated in your life — the photos, music and movies — if you were to make a full transition to the cloud notebook.

    Success ahead
    Nevertheless, there are three major reasons why Google's little notebook could shake foundations — particularly those of msnbc.com's co-owner, Microsoft:

    Security - Our computers do so much now, they've become a liability. The only people who know how to take advantage of all their functionality are the people writing malicious code. Microsoft and every other OS builder have established decent security, but the weak point is usually the user, who clicks a page or opens an e-mail that they're not supposed to. Locks are no good when you leave the front door open.

    Malware won't go away anytime soon, but in the case of Chrome OS, there's not as much that could happen. A good chunk of the OS itself is locked inside read-only memory, and on every restart the whole system is scanned, any signs of trouble addressed. There are no applications in the Windows/Mac sense, just the Web-based apps with limited access to the core of the system software. I'm not saying people won't be able to hack these — in fact hackers will be buying these by the bushel if the price is right. But I am saying that there will be a lot less they'll be able to do to yours.

    This news is most joyful to IT professionals, beleaguered souls who have been driven crazy by security concerns for something like a million years. They'll want to check these out, and if they pass muster, deploy them to sales forces and grunt workers en masse.

    Wireless - Since a Chrome notebook is as good as a not-very-good doorstop when it's not connected to the Internet, Google has a mandate to ensure wireless connectivity all the time. For most people, home Wi-Fi is already in place, ditto for workplaces and schools. But Google is ensuring that in other venues, there will be a hook-up from Verizon Wireless. A "free" hook-up, I might add.

    Verizon is promising 100 megabytes of free connection per month for two years for every Chrome notebook. I should warn you, 100 MB is a paltry quantity these days — the equivalent of refreshing your favorite media-rich website 40 times. But it's reassuring, knowing that it's there when you're not in a Wi-Fi hotspot and just want to check on that rental car reservation or reply to an important e-mail with something more than your two thumbs on a smart phone.

    There are other laptops with this kind of wireless connectivity, of course, but here's where battery life comes into play. The Chrome OS notebook has a battery life similar to an iPad and other flash-memory devices, and sleeps for real when the case is closed. When you open it up, it's rarin' to go. I have never met a Windows notebook that could sleep well, and even a Mac drains during long hibernations. And when they're awake, more complex operating systems churn away with background functions that cause extra drain. With Chrome's simple OS, that just doesn't happen.

    The cloud - Although definitions of the term "the cloud" can get, well, cloudy, this is where it really applies. All of the data — photos, music, video, work documents — you're meant to access on this machine are supposed to live elsewhere in the ether. It's no surprise that Google already has a lot of this in place — you can open Word docs and PDFs using Google Docs, and you can sort and do some heavy photo editing on Picasa's Web albums, all without installing software. It's also no surprise that, despite the fact that Microsoft and Apple have online services, Google is the heavily weighted favorite in the cloud fight.

    What might work against it
    There's talk of Chrome being canceled, or grown into a fuller operating system with Android attributes, but I think either would be a mistake. However, these are the factors that stand in the way of a Chrome OS success:

    Cost - This thing has to be super-duper cheap or it won't go anywhere. Microsoft makes about half of its massive income by charging computer makers for Windows. Google makes its money through ads and other services, so it doesn't need to charge for this. That savings must be passed on to buyers. There's no touchscreen to drive up the cost, and it doesn't have to be wafer thin, so it will automatically be cheaper than a tablet. My money is on the $200 mark. If it's $199 or less, it'll be a big hit; likewise, if it's over $299, it just won't make sense.

    Tablets - Even if it doesn't compete on price with iPads and Android tabs, it's going to compete for the same audience. In short, if you have a tablet, you won't want this also. As the tablet market heats up and eats into laptop sales, this device — like other low-powered notebooks — seems to be in the most vulnerable spot.

    Android - While both Apple and Microsoft have two operating systems — one for computers, another for mobile devices — it would seem smart for Google to just go with one that can kick butt on multiple fronts. That one would have to be Android. The mobile OS already powers e-book readers and set-top boxes, so why not let it drive a netbook? Internally, this may be a debate Google is already having. Android is a juggernaut, already a household name. Because of this, it could deal the most devastating blow to the Chrome project.

    Developers and content owners - Google hasn't done a very good job of wooing the developers who want to charge users for their wares. There are lots of social, networked get-connected, get-informed apps for Android, but if you want streaming movies, top-tier game franchises, interactive children's entertainment, all of the truly differentiating content, you have to look to Apple (and, perhaps soon, Windows Phone 7). Chrome OS, like Google TV, presupposes that everything you want is just out there on the Internet, and that you can get it if you just have a Web browser. Alas, Google TV fell apart because it didn't have great app support, and more importantly, that content owners didn't want their content shared through the browser. Not without remuneration. Google needs to prove that it respects developers, and to make more friends in Hollywood.

    Obstacles aside, the final challenge is us. Can we live up to the Chrome OS catch phrase, "Nothing but the Web"?

    In a few years, that'll be a definite yes, for pretty much everyone. Even now, it's true for many, not just nerds who have embraced the Google way of life, but all of those people who skipped the first 25 years of the PC revolution. These people reluctantly got on board for e-mail and Web, and to do it had to buy ridiculously overwrought machines. They're going to wise up, and realize that they've been paying for too much computer. It's those people who should ditch their churning, wheezing desktop PCs, grab some Chrome, and reach for the cloud. The rest of us will be there by and by.

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  • The Wikileaks Cablegate scandal is the most exciting and interesting hacker scandal ever. I rather commonly write about such things, and I'm surrounded by online acquaintances who take a burning interest in every little jot and tittle of this ongoing saga. So it's going to take me a while to explain why this highly newsworthy event fills me with such a chilly, deadening sense of Edgar Allen Poe melancholia.

    But it sure does.

    Part of this dull, icy feeling, I think, must be the agonizing slowness with which this has happened. At last — at long last — the homemade nitroglycerin in the old cypherpunks blast shack has gone off. Those "cypherpunks," of all people.

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    The government's decisions about whether or how to bring criminal charges against participants in the WikiLeaks disclosures are complicated by the very newness of Julian Assange's Internet-based outfit: Is it journalism or espionage or something in between?

    Justice, State and Defense Department lawyers are discussing whether it might be possible to prosecute the WikiLeaks founder and others under the Espionage Act, a senior defense official said Tuesday.

    They are debating whether the Espionage Act applies, and to whom, according to this official, who spoke anonymously to discuss an ongoing criminal investigation. Other charges also might be possible, including theft of government property or receipt of stolen government property.

    Rep. Peter King of New York called for Assange to be charged under the Espionage Act and asked whether WikiLeaks can be designated a terrorist organization.

    But Assange has portrayed himself as a crusading journalist: He told ABC News by e-mail that his latest batch of State Department documents would expose "lying, corrupt and murderous leadership from Bahrain to Brazil." He told Time magazine he targets only "organizations that use secrecy to conceal unjust behavior."

    Longtime Washington lawyer Plato Cacheris, who represented CIA official Aldrich Ames and other espionage defendants, said Tuesday that Assange could argue he is protected by the First Amendment, a freedom of the press defense. "That would be one, certainly," Cacheris said.

    Constrained by the First Amendment's free press guarantees, the Justice Department has steered clear of prosecuting journalists for publishing leaked secrets. Leakers have occasionally been prosecuted, usually government workers charged under easier-to-prove statutes criminalizing the mishandling of classified documents.

    But two leakers faced Espionage Act charges, with mixed results.

    The last leak that approached the size of the WikiLeaks releases was the Pentagon Papers during the Nixon administration.

    The Supreme Court slapped down President Richard Nixon's effort to stop newspapers from publishing those papers. But the leaker, ex-Pentagon analyst Daniel Ellsberg, was charged under the Espionage Act with unauthorized possession and theft of the papers.

    A federal judge threw out the charges because of government misconduct including burglary of Ellsberg's psychiatrist's files by the White House "plumbers" unit.

    The Reagan administration had more success against Samuel Loring Morison, a civilian intelligence analyst for the Navy and grandson of a famous U.S. historian. Morison was convicted under the Espionage Act and of theft of government property for supplying a British publication, Jane's Defence Weekly, with a U.S. satellite photo of a Russian aircraft carrier under construction in a Black Sea port. Dozens of news organizations filed friend-of-the-court briefs supporting Morison because he was a $5,000-a-year part-time editor with Jane's sister publication and thus arguably a journalist.

    But WikiLeaks has entered a space where no journalist has gone before. News organizations have often sought information, including government secrets, for specific stories and printed secrets that government workers delivered to them, but none has matched Assange's open worldwide invitation to send him any secret or confidential information a source can lay hands on.

    Is WikiLeaks the leaker or merely the publisher?

    "The courts have been somewhat reluctant to draw a line of demarcation between what we call mainstream media and everyone else," said Washington attorney Stan Brand. "If these people are publishing and exercising First Amendment rights, I don't know why they're less entitled to their First Amendment rights to publish."

    But at a news conference Monday, Attorney General Eric Holder contrasted WikiLeaks with traditional news organizations, which he said acted responsibly in the matter even though several posted some classified material. Some news organizations consulted with the government in advance to avoid printing harmful material; Assange has claimed his efforts to do likewise were rebuffed.

    "One can compare the way in which the various news organizations that have been involved in this have acted as opposed to the way in which WikiLeaks has," said Holder.

    Some see openings for the government.

    Assange "has gone a long way down the road of talking himself into a possible violation of the Espionage Act," First Amendment lawyer Floyd Abrams said on National Public Radio, noting that Assange has said leaks could bring down a U.S. administration.

    Washington lawyer Bob Bittman expressed surprise the Justice Department has not already charged Assange under the Espionage Act and with theft of government property over his earlier release of classified documents about U.S. military operations in Iraq and Afghanistan. Bittman said it was widely believed those disclosures harmed U.S. national security, in particular U.S. intelligence sources and methods, meeting the requirement in several sections of the act that there be either intent or reason to believe disclosure could injure the United States.

    "These are not easy questions," said Washington lawyer Stephen Ryan, a former assistant U.S. attorney and former Senate Government Affairs Committee general counsel. Ryan said it would be legally respectable to argue Assange is a journalist protected by the First Amendment and never had a duty to protect U.S. secrets.

    But Ryan added, "The flip side is whether he could be charged with aiding and abetting or conspiracy with an individual who did have a duty to protect those secrets."

    On the question of conspiracy there's a legal difference between being a passive recipient of leaked material and being a prime mover egging on a prospective leaker, legal experts say.

    Much could depend on what the investigation uncovers.

    Army Pfc. Bradley Manning is being held in a maximum-security military brig at Quantico, Va., charged with leaking video of a 2007 U.S. Apache helicopter attack in Baghdad that killed a Reuters news photographer and his driver. WikiLeaks posted the video on its website in April.

    Military investigators say Manning is a person of interest in the leak of nearly 77,000 Afghan war records WikiLeaks published online in July. Though Manning has not been charged in the latest release of internal U.S. government documents, WikiLeaks has hailed him as a hero.

    Another obstacle would be getting Assange to the United States. His whereabouts are not publicly known.

    In France, Interpol placed Assange on its most-wanted list Tuesday after Sweden issued an arrest warrant against him as part of a drawn-out rape probe — involving allegations he has denied. The Interpol "red notice" is likely to make international travel more difficult for him.

    But even if Assange were charged and arrested in a country that has an extradition treaty with the United States, there could be problems getting him here. The Espionage Act carries a maximum penalty of death, and nations with no death penalty often refuse to send defendants here if they face possible execution.

    One renowned First Amendment and national security lawyer, Duke law professor emeritus Michael Tigar urged caution.

    "The U.S. reaction to all of this is rather overblown," Tigar said. "One should hesitate a long time before bringing a prosecution in a case like this. The First Amendment means that sometimes public expression makes the government squirm. ... That diplomats collect information, and are sometimes brutally candid, comes as no surprise to anybody."

    (This version corrects grammar in 1st paragraph, changing "is" to "are.")

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  • But what struck us, and reassured us, about the latest trove of classified documents released by WikiLeaks was the absence of any real skullduggery. After years of revelations about the Bush administration’s abuses — including the use of torture and kidnappings — much of the Obama administration’s diplomatic wheeling and dealing is appropriate and, at times, downright skillful. -- nytimes.com

    Reading about #cablegate, I flashed back to the 1980s, when I had been accepted into a newly-revived Kellogg-funded rural leadership (RULE) program in Pennsylvania.

    Young and idealistic, as well as moderately familiar with politics and policy, I was shocked -- shocked I tell you! -- during our orientation weekend role-play. That's because I had come full face with the realization that public meetings are, in the main, window dressing. Decisions are made not necessarily on the "best" information but on who is friends with who (access) and back-scratching (quid pro quo). Minds are made up in halls, coffee shops, bars and restaurants. The public meeting is where decisions are made public, not where individual decisions are made.

    In that orientation weekend, our days were divided between learning sessions and role-play time. The issue before our community was fluoridation of water. Each person was assigned a role and a position; some people were allowed to deviate. The process was, for an idealist, a disillusionment.

    The Wikileaks cable trove leads to a similar reaction.

    First, in global diplomacy there is a lot of maneuvering behind closed doors. The examples in this New York Time op-ed -- Russia and China -- are classic. Anyone who has had to persuade more than two people to adopt a common course of action has probably had to resort to similar wrangling.

    Second, citizens deserve to know what's being done in their names, especially when it involves their Treasury (and line of credit). In plain English, we deserve to know what bribes are being offered in our names and the extent of those bribes. Whether that's the quid pro quo for voting for a piece of domestic legislation (think of North Dakota and the health care bill) or an Afghani official spiriting away $50 million in cash, the world -- the public interest -- is not served by having this information kept secret.

    Third, citizens deserve to know when their government is violating international protocol by harvesting biometric data and credit card numbers of global diplomats and government officials. Ditto the "the kidnapping, extraordinary rendition and torture of German national Khaled El-Masri" as well as Bush Administration admonitions to the Germans not to prosecute those CIA agents who picked up the "wrong" man. There is no moral high ground in either of these examples.

    Is there a role for secrecy in global diplomacy? Certainly, although the more narrow that role the better for society in general. Analysis of this first release shows that secrecy is being used to hide misdeeds -- something that is toxic to civil society and representative democracy.

    And, as any teenage female can tell you, the more people who "know" a secret the less likely it will remain secret: it's another riff on the power law. But our government has decided to expand the number of people who can classify -- and access -- "secure" documents.

    In 1995, President Bill Clinton issued executive order 12958; the order empowered "some 20 officials" with the authority to classify documents as top secret. But it delegated that "authority to 1,336 others, and granted derivative classification authority to some two million government officials and a million industry contractors."

    The result, according to Sen. Patrick Moynihan (1997, Commission for Protecting and Reducing Government Secrecy): “Almost everything was declared secret; not everything remained secret, and there were no sanctions for disclosure.”

    The situation has not improved in the intervening 13 years. For example, over at the Pentagon, the agency that keeps getting a bye from Congress on conforming to a financial audit: "GAO independently estimated that 87percent of about 3,500 investigative reports that adjudicators used to make clearance decisions were missing required documentation, and the documentation most often missing was employment verification."

    Finally, the cable trove reveals a country convinced of its imperial role in the world, not unlike that of its mother country a century ago. It's a role for which we no longer have the purse, assuming that we ever did. The trove reveals that we are a backroom dealer in diplomacy -- and everyone knows that we are the world's largest dealer of armaments -- thus making a travesty of the international organization that we helped birth and which is housed on our own soil.

    Thus, in the main, I think the Wikileaks cable release will have done more good than harm if we can turn the debate away from recrimination about leakage and to the substantive issues the leaks reveal.

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  • HASSAN MASUM, 11 AUG 10

    The following are remixed highlights of Beth Noveck's talk "Transparent Government" that she gave as part of the Long Now Foundation's Seminars about Long-Term Thinking. As with Noveck's original talk, these highlights, as remixed by Hassan Masum, are made available under a Creative Commons by-nc-sa 2.5 license.

    ...

    We have been concentrating decision-making power in the hands of too few people - whether legislatures, or cabinet officials, or bureaucrats and agencies like the patent office. We construct our institutional practices around the notion that this is the best way that we have to make decisions. Even though we do not have a system of monarchy or aristocracy, we still believe in the notion of political expertise, and the notion that we have to rest power at the center.

    What exacerbates this problem is that we are making long-term decisions that affect the fate of our planet. The fate of our economy, and of major systems of health care and education and environment, are being decided by people who are in short-term political positions. We have a disconnect between the long-term effect of what we do, and short-term electoral cycles.

    We have to look at the ways we can reengineer our institutions to take advantage of the expertise that comes from outside the center, and bring it into the way that we make decisions. It's understandable, if you think about the serious threats that we may face from global pandemics or international terrorism, that organizations and institutions that are built on a 19th-century conception of sovereignty, nation states, and borders don't fit with the kind of global distributed threats that we face today. The centralization of power is driving a factionalized, disgruntled, and increasingly dissatisfied and distrusting public. Participation and power are being driven apart, and the distance between the citizen and the government that works for him is increasing.

    We are coming to recognize the opportunities that are available to us if we take advantage of today's technology - the technology that is allowing us to come together in new ways, to work together increasingly powerfully as purposive groups on the Internet. There has been discussion of the reengineering of the music industry, and the publishing industry, and the industry of journalism. Depending on who talks about it, we hear the death knell being sounded for these industries on the one hand, and the Phoenix rising from the ashes of the reinvention of these industries on the other hand. Are there ways we can reengineer our political institutions in the same ways that we are reengineering our institutions in social and economic life?

    We did a small experiment along these lines with the Peer to Patent project, which seized upon the truth that each of us is an expert in something. The idea behind Peer to Patent was to take the problem of bureaucratic slowdown and inefficiency in the patent office, and to marry to this the idea of self-selected expertise. This would create a process by which people could volunteer in a self-selected way, and work together to help discover information that would help an examiner decide whether a patent truly deserve a 20-year grant of monopoly rights - whether the patent is truly non-obvious and novel as the law requires. By creating a software interface and system that would allow groups of people to self-select, come together, and review each other's works, some of the burden would be taken off the beleaguered government examiner. By using visual interfaces to help reflect back to and explain to people clearly what it is that the examiner needs to do, and how they divide up the tasks of examining a patent, we were able to set up a project not removed from government but together with government - the first institutionalized social network in the U.S. federal government to participate in the work of decision-making.

    I have a book out called Wiki Government, and the word Wiki is fun and easy to say, but Peer to Patent is not a purely Wikified process where there is a free-for-all where anybody can type and write whatever they want. Of course, Wikipedia doesn't work this way either. Peer to Patent marries the crowdsourcing of scientific expertise with the institutionalized legal decision-making by a patent examiner to arrive at a decision. So we get the software engineers and the garage enthusiasts from all over the country saying, "Let me take a look at that invention. Have I seen anything like that before?" - and we marry that to the knowledge of the legal rules of the patent system that the examiner has, to arrive hopefully faster and better to a decision.

    This process, which began as a pilot program over two years, is in the process of being transformed to an institutionalized process of the patent office, in order to bring it in-house as the way the patent office will work. What this illustrates is the opportunity to rethink not only our democratic institutions, but our democratic theory.

    This is a change over the way that we have talked about participatory democracy before. A lot of people with the advent of technology said, "Great! We will move to a system of democracy, push-button voting, where we can have everybody voting in real time directly on making decisions." But that, of course, is not sufficiently complex as a way of working. It is nice when my students can push a clicker and say "faster" or "slower," or "louder," or "I don't understand" - but in the complex world of political decision-making, direct democracy is not necessarily the best way to make decisions on the basis of information and good science.

    On the other hand, there is the world of deliberative democracy which long has been held up as the great ideal to which we should aspire, where neighbors talk to one another in civic and civilized discourse. The problem with deliberative democracy is that it puts all the emphasis on talk rather than action. While it is very nice to come together with one's neighbors, if what we really have to do is make change happen and take action, we have to think not only about the inputs - not only about how we talk together - we also have to think about the outputs. How do we actually take action together? How do we solve problems? How do we get stuff done? That is what I would term "collaborative democracy".

    This is a midway point on a longer-term historical trajectory of devolving power downward and outward. From our representative institutions at the center that are supposed to represent us, but are increasingly disconnected from us, to a much more decentralized world of power. We now can choose from among thousands of different associations to which we want to contribute our time and money and attention, whether for a short or longer time. We can get involved in order to make change happen, to do stuff in the world in a kind of cosmopolitan pluralism. The Internet enables a new kind of equality of power that allows us to think about how we can reengineer our institutions - not simply for the sake of talk, but as a means to an end of achieving things in the world better, faster, and in new and creative ways to attack the complex problems that we confront.

    At the basis of this is the notion - something we intuitively realize and know, which has been supported by a great deal of empirical research - that when we come together, when we share our diverse expertise, we are stronger than when we work alone. Our systems of political participation, particularly in government, have long revolved around the individual: the individual vote, the individual comment on a regulatory rule. We are now turning to looking at groups and people in organizations, to getting them involved in helping us to do our jobs better. We live in a world where we are seeing lots of this concept in our social life, but not yet in our political life to the same extent.

    If we look at the response to disasters in Haiti and Chile, "crisis camps" have sprung up: groups of people that are getting together to hold hackathons in support of creating software that will help for disaster relief and recovery. Mission 4636, the emergency reporting service that allowed anyone in Haiti with a cell phone to text the number 4636 with a message that would help identify where that person actually was, relied on teams of volunteers to translate those messages from Creole into English, and help identify where people were. That combined the concept of crowdsourcing lots of distributed volunteers with "micro work": specific tasks that people could do to help solve the tremendous problem of disaster relief and recovery. This is now growing into a whole movement that has come to be known as Crisis Commons - not just Crisis Camps that take place on weekends, but a venture that will become an institutionalized, organized effort to develop better software and tools, and better organize volunteers to help with disaster relief and recovery.

    We [as Americans] got this really well in the 2008 U.S. presidential campaign. Whether it was for Obama or for McCain, we all understood what it meant to do this kind of distributed work. We knew what it meant to phone bank or to get someone to drive to the polls, or to donate money, or to take on a task that would allow us to participate toward the common end of electing the candidate of our choice. Silicon Valley for Obama, for example, was not a campaign office set up by the center apparatus in Chicago, but was spontaneously created by volunteers in the South Bay Area, who galvanized tens of thousands of volunteers to get involved in building the tools and doing the phone banking and work to help support the campaign. This became part of the election apparatus, but grew spontaneously from outside. Obama himself has talked about this - he writes about this in The Audacity of Hope, when he talks about his visit to Google, and "...the mesmerizing image, more organic than mechanical, as if I were glimpsing the early stages of some escalating evolutionary process in which all the boundaries between men, nationality, race, religion, and wealth were rendered invisible and irrelevant. The physicist in Cambridge, the bond trader in Tokyo, the student in a remote Indian village, and the manager of a Mexico City department store were drawn into a single constant conversation - time and space giving way to a world spun entirely of light." A very poetical rendition of that sense that we have, that oceanic feeling of being part of the network that allows us to bring about this kind of change.

    So the question is, how do we take this change.org which we all know from our civic life, and import this into Washington? How do we import this into a vision of reshaping our institutions?

    Alexis de Tocqueville, who observed American life in the 19th century, writes in his recollections, "I am tempted to believe that what we call necessary institutions are often no more than institutions to which we have grown accustomed, and that in matters of social constitution the field of possibilities is much more extensive than men living in their various societies are ready to imagine." Those of us who live within the status quo have a hard time reengineering from within. Yet if we want to think about the prospects for peaceful evolution rather than bloody revolution, we have to think about how we begin to embark on the path of the Long Now of the reengineering of our institutions, in a peaceful way that will allow us to experience change at scale.

    We should push ourselves to improve the way that our institutions work. We have to do it through projects enabled by technology platforms that allow us to do these projects at scale across the federal government, and we have to do it through taking the genie out of the bottle in order that we can't put it back in. It is one thing to articulate policies, to have noble words and grand statements about the importance of openness and transparency. But from administration to administration, these policies have changed. We have to back up the words and the commitment to transparency.

    The way we are bringing about change is by opening the doors and data of government - by making unprecedented openness the default, but also by doing things like posting all of the visitor logs from the White House for the first time ever. You can see and analyze who comes to visit me, and who comes to visit other people in the White House, so we know there are no secret meetings going on. That has had an effect on the way that we work, because we then come to think, "if I'm meeting with group X on one side of the political spectrum, I maybe should now meet with group Y on the other side of the political spectrum, in order to make sure I'm hearing all views."

    A video stream of a major health care summit was made available. The Sunlight Foundation was able to turn around and give readers and viewers not only the video, but the video annotated by what campaign contributions were being given to each person speaking during the summit. The number of views they got was phenomenal. As one critic put it, the Sunlight Foundation media event that took place was a smackdown to CNN in terms of the effect on transparency, because they provided an alternative to the talking heads on the cable new shows or even the talking politicians on C-span, by giving people the raw data - the chance to make up their minds for themselves as it related to the health care summit. When you can remix this raw material and reuse it to do interesting things, it becomes a powerful social tool.

    Getting out information about government spending helps us to reduce waste, fraud, and abuse. We specifically use the tracking of spending of recovery money as a way to bootstrap data tracking down to the state and local level. It is a very hard process, because that data is kept in very different ways: sometimes in fancy coded XML, sometimes in Excel spreadsheets, sometimes in a shoe box. Trying to track that data is hard, but we are starting the process - tracking how we spend money, as a way of opening up and ensuring government institutions are more efficient.

    But high value data is more than just data that helps government accountability. It's also data that helps us to achieve the core mission of a given agency. The U.S. Department of Agriculture(USDA) has released a data set about nutritional information of the major foods that we eat. This doesn't help us know how much money the USDA spends, but it does help us to launch an initiative with foundations and corporations to create a game that helps young people make healthier eating decisions. It allows volunteer development to mash up that data and create iPhone applications, and new people to start businesses that may generate economic value. So it is high value data because it achieves a core mission - in this case, reducing childhood obesity. The transparency and the release of raw data helps to drive a cultured participation of loving that data, of doing things with it that generate real value and meaning in people's lives.

    NASA has embraced this concept of citizen participation, and coined the term "participatory exploration." They have been convening gatherings of professionals and NASA experts to discuss how to use new tools and create communities as a way of building participation. They began employing crowdsourcing methodologies and advocating for more programs that would engage the public, and this year in their fiscal year budget have received the modest amount of US$5 million to spend on their new participatory exploration office.

    When we put the data out there and let people look at it, they find the gaps, the dragons, and the missing spaces. They see the patterns and the consequences of that data. They are ableto make the visualizations, games, and iPhone apps that turn transparency, raw data, and information into useful knowledge. In turn, we can create more informed processes of participation and policy-making, and better involve people in government decision-making.

    With the release of the Open Government Directive, every government agency has created its own open government web page, where you can provide input on the open government plan. They are using the citizen engagement tool IdeaScale, which is a brainstorming platform. This is government-wide and open participation in policy-making. We have about 1200 ideas that have been posted across the federal government about how to become more open and participatory, but we need more. We need everybody, whatever their issue of interest, to come in and say "I care about seeing this data set released" or "here's how I think the agency should be more participatory," or "here are ways in which we could be more collaborative," or just to get involved. It is only by getting involved that the message will get to these institutions that we want participation and transparency - that it matters to people, and, that if we build it, they will in fact come. If we build open institutions, people will come and get involved and participate.

    The last prong of the agenda is collaboration. Transparency is fairly obvious, as is participation. But collaboration is not the same as participation. It's not just how you get involved in government, but how we can in turn get challenges and ideas to people, and invite them to engage in new ways that we have never done before.

    When the National Archives and Records Administration decides that it will take the Federal Register, the newspaper of our democracy that records the actions of the federal government every single day, something they used to sell for US$17,000 per subscription - when it decides that we will give it away because this is data that belongs to the American people, and is a national public asset and we shouldn't be selling the data that has been created with taxpayer dollars - what happens is the folks from Govpulse, or Public Resource, turn around and rebuild it. The FedThread project allows me to have a conversation about what is going on in government, which we couldn't do with the original Register. The Public Resource project creates hyperlinks within the document, so when a rule references another rule or a piece of legislation, I can understand the context of what I'm looking at. These projects were created in one week after the release of the data set. The change that we can make happen happens so quickly not just by connecting public and private sectors, but also by getting out of the way and connecting citizens to one another.

    This can involve endorsing and inspiring and talking about a project like BroadbandMatch, that the NTIA has set up to allow applicants for billions of dollars in broadband grant funds to find one another. It's a kind of "match.com" for a grant applicant to say, "I'm a small grantee and you're a big grantee - let's get together, and write a good application." This idea of helping to connect citizens to citizens is one of the most important things we can and are trying to do, to move the culture shift forward.

    Let me close by saying a little bit about how we have done this, and where we go from here. People have to know what is being asked of them. The better the job we can do of articulating the problem, and then explaining to people what we need their help with and how to do it, the easier it will be for people to get involved and to participate. In the same way that in the political campaign we understood what it meant to phone bank or to drive someone to the polls, or to get out the vote, or to donate money, we now similarly need to chunk the questions and work so that people can get involved in the policy-making processes - not just in elections, but in how we make decisions on an ongoing basis to effect change.

    One of the simple things that we have done is to set up the Open Government Innovation Gallery, in which we post innovative ideas that are going on in government as a way to inspire other people to follow the lead. The way ideas are spreading is by people being able to see what other people are doing, and share code, best practices, and knowledge.

    All this only works if we all get involved and help. What we are talking about here is not the world of participation as we have known it - a world of voting where everybody does the same thing come election time - but rather a world where you may want to love a data set from the Environmental Protection Agency, I might want to help the Department of Transportation on how we do citizen engagement, and a third person wants to participate in reviewing a patent application. We don't all want to do the same thing. The quality of opportunity is what is important, so that everybody has a way to get involved that feeds and inspires their passion, their expertise, and their enthusiasm.

    To create these kinds of open institutions is only an interim step on a much longer evolutionary trajectory - one that will devolve power downward to the people, and to the associations and organizations and groups of which we are part, in radically new ways. One that, a long time from now, won't look like the representative government that we know now. It will come to look like something very different.

    Technology is increasingly enabling ordinary people to come together across distance to do important works, whether on a local level or now at scale on a national level. Technology is enabling ordinary people to get involved in bringing their collective wisdom and talent to bear, and to change the way that we work.

    This is fundamentally about power. Because power corresponds to the human ability, not just to act, but to act in concert. Power is never the property of an individual - it belongs to a group. And it remains in existence only so long as the group keeps together. When we set our minds to something and we work in concert to make it happen, we are very powerful, and working together we can accomplish things that we cannot do alone. Our political institutions have to evolve to recognize this new reality of power, and to enable us to work together to solve the increasingly complex problems that we face.

    In turn, we have to step up to the task. We have to demand this of our institutions, and of ourselves. We have to get involved. We have to act.

    The community exists now like it never has before, with an administration that is 150 percent committed to an agenda of openness, of transparency, of participation, of collaboration - of creating this concept, of recognizing the power and the intelligence and the expertise of individuals, of trusting the American public, and of, as the president says "Bringing all hands on deck, to the problems that we face today." What we are trying to do here is to reengineer our government over the long term - and reinvent our democracy as we know it today.

    Front Page Image: ardelfin | Inside Image: Darnok

    This remix originally appeared on Worldchanging Canada

    http://www.worldchanging.com/archives/011489.html

We

WeRoy.org Website


This is a 'must see' 64 minute documentary film. In 1997 Arundhati Roy won the Booker Prize for her novel "The God of Small Things". In 2004 she was awarded the Sydney Peace Prize. The film examines the widely unregarded worlds of Anthropology and Geopolitics in a very dynamic manner, and is probably stylistically quite unlike any documentary that you have previously seen. It covers the world politics of power, war, corporations, deception and exploitation. It is particularly hard hitting when it comes to the United States and western powers in general. Its unconventional style has proven to be very successful in engaging younger viewers - many of whom find more traditional content dealing with these subjects quite dry and uninteresting. It is almost in the style of a music video, featuring contemporary music (lush, curve, love & rockets, boards of canada, nine inch nails, dead can dance, amon tobin, massive attack, totoise, telepop, placebo and faith less) overlaid with the words of Arundhati Roy, and images of humanity and the world we live in today.

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