August 2008


This is certainly not the time in this world to be a one-issue voter — if there’s ever a good time to be one. And if you’re going to pick a single issue to base your vote for President on, make it repairing the economy or rebuilding public schools or getting out of Iraq or a forward-thinking energy policy, not whether the candidate has the right policy on the Internet. That said, this is my area of interest and perhaps expertise, so I pay a little extra attention to it. And I do agree with a number of recent commenters, that a technology policy belongs on that list of priorities; we are still in a formative time around information and communication technologies, where the policies we set today, in Congress and ther courts, will resonate for decades.

So I wanted to highlight some recent discussion of McCain’s missing technology policy statement. Obama released his several months ago, and it hits the mark on most issues, if perhaps it lacks some specifity and hews to a gentle line of progress and not a bolder one. But McCain has not released any official campaign statement about technology yet, and many have connected this both to the Bush administration’s severe and devastating disinterest in promoting scientific and technological innovation towards progressive ends, and to McCain’s campaign trail admission that he’s an Internet “illiterate,” has never emailed, and relies on his wife when they need online information. This is simply reprehensible, though again not exactly of the same scope of other crucial campaign issues. There are lots of people who do not and cannot use the Internet, of course, in this country and elsewhere. But it is primarily because they cannot afford the tools or the process of developing the skills, and/or they work in jobs that do not depend on computing. Neither of these is true for a U.S. Senator. And, as today’s Salon piece on this issue notes, it is not simply that he is older; they cite a recent Pew report that 3/4 of Americans 65 and older are on online. I think its striking that former FCC Chairman (and Obama supporter) Reed Hundt has said “Basically, John is a technological troglodyte, and proud of it.”

The Salon piece goes on to discuss McCain’s role in Congress over the last decade and a half, regarding policies relating to the Internet. Their emphasis is on the fact that McCain voted against the Telecommunications Act of 1996 because it was too regulatory — a bill that, in my opinion, has been more harmful than good because it handed too much of the shaping of the Internet over to private companies, i.e. was too deregulatory — that he worked against the “E-rate” elements of that bill, that gave federal breaks to public schools to help them establish Internet access, and most of all for co-sponsoring the Internet School Filtering Act in 1998. This one is, in my mind, the most egregious. It was co-sponsored with Ernest “Fritz” Hollings, who tech and law enthusiasts will know as one of the worst offenders in the digital copyright world, proposing bills that would have required all digital devices to incorporate DRM, at the behest of the entertainment industries. The bill required schools receiving the E-rate funding to install filtering software on their school computers, at a time when filtering software was proving to be deeply flawed, easy to circumvent, and most importantly, an easy means to censor vital online speech. And, it would have given the responsibility for imposing this rule to the FCC, a vast expansion of their jurisdiction. As Salon noted, even conservative tool Rick Santorum disagreed, and threw his support behind a gentler version of the bill — that still obligated public schools to invest in filtering software, pointlessly, at their own cost.

Whether or not McCain has personal familiarity with the Internet is less the issue here. Because you can be an Internet user and still see it as a devil’s playground full of porn and baddies, or as an pristine field perfect for the construction of a corporate shopping mall. My greater concern is the parallel with the Bush administration’s approach. Whatever McCain doesn’t know about the Internet is counterbalanced by his apparent commitment to hand over the task of guiding the U.S. telecommunications infrastructure to private corporations, and then allowing government to simply ignore the issue altogether.

Update: McCain has posted his technology policy. Lessig dissects it and finds it wanting here.

I’ve been thinking a lot lately about the shape of cultural and political discourse in the contemporary digital environment. And there’s been no better place to consider it than the current U.S. presidential campaign. Sometimes I feel like the campaigns are simply working to fill my lectures - Obama Girl, the CNN/YouTube debates, The Hillary Clinton 1984 parody. The latest volley was the McCain web ad that called Obama the world’s biggest celebrity, with flashes of Paris Hilton and Britney Spears, then wondering whether he is ready to lead. (Of course, there’s no logical connection between the two claims, and none is actually made in the ad. But whatever.) The video gets all sorts of play, making it to the top of online circulation sites like Google News and getting picked up and replayed by the traditional media. Then Paris Hilton responds on FunnyorDie.com, with a surprisingly dry and pointed response ad - that itself makes the rounds, enough that the McCain campaign has to respond.

But this note from Crooks and Liars is even more intriguing. A web ad released by the McCain campaign during the primary, trumpeting McCain as the “true conservative” in the vein of Ronald Reagan, has been removed from their site and from YouTube. John Perr notes that the removal is timely, considering McCain’s recent ads present him in his “maverick” role, a reach for independent voters. Not only is the video gone, but the press releases that originally accompanied the video are gone as well. But the curiosity is that the video is still available, and bloggers noting the removal can still point to it — being posted back to YouTube by others, available in Google’s cache, or in the Internet Archive.

Political campaigns are turning to online platforms for an array of modes of comunicating to their base, to undecideds, to the press, to donors. Posting a video onto a campaign website and to YouTube can happen quickly and circulate widely, and with any luck gets repeated on TV newscasts. It can take advantage of the social networks and email mailing lists being cultivated by the campaigns to keep supporters linked in, to whatever degree they’re willing. But there are some points of jeopardy in these online environments. And one is visible here, the way that the record remains, even when a candidate might want to shift the tone of their campaign or the emphasis on certain talking points.

It is not as if YouTube simply retains all submissions. Videos can be removed by their posters, by YouTube itself, or by YouTube on behalf of others (for instance, copyright holders). But, because of the material workings of the web (caching) and the efforts of users (saving the stremed video and reposting it) it cannot be scrubbed clean. What exactly is kept, and when it will reappear, is unpredictable. But it cannot be erased with certainty. And its return can be fast and vast, if the moment calls for it. What you post can always return to haunt you — whether its The Daily Show calling it up to point out hypocrisy, or bloggers digging out a statement once made and since repudiated, or a journalist finding a position statement the preceded financial support from someone who may have benefited from it. The contours of political discourse is only now accomodating this particualr feature of online environments, and whole industries (late night comedy, for instance) are emerging in the space provided by this phenomenon: the uncanny return of the once published and never removed.

Here’s the video: