The intrepid Dan Jones has taken the bait.

 

Brian Urlacher rushes the President. A Remix by Dan Jones.

 

Obama goes deep at Soldier Field in Chicago during the recent NATO summit.

While checking out the White House photo stream on Flickr recently I noticed some confusing inconsistencies in the licensing terms that illustrate (TK – FIX: competing institutional logics at work in copyright, remix, public relations within the state, and the public nature of government resources).

If you look at any photo uploaded by the White House account (such as the one of the President, above) , you can see that Flickr has enabled a special “United States Government Work” license. When you click through to read the license terms on USA.gov, here’s the text that shows up (emphasis added):

A United States government work is prepared by an officer or employee of the United States government as part of that person’s official duties. It is not subject to copyright in the United States and there are no copyright restrictions on reproduction, derivative works, distribution, performance, or display of the work. Anyone may, without restriction under U.S. copyright laws: reproduce the work in print or digital form; create derivative works; perform the work publicly; display the work; distribute copies or digitally transfer the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

Now, that’s all well and good, except that directly underneath every Flickr photo, the staffers who maintain the White House account have also include the following disclaimer (again, the emphasis is mine):

This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.

At first I thought I must have misread one of the two texts. How could the innocuous looking disclaimer pasted beneath every uploaded photo contradict the licensing terms so directly? The seemingly ad-hoc notice on the Flickr page expressly prohibits any “manipulation” of the images, whereas the government works license text on USA.gov makes equally clear allowances for the creation of derivative works.

I may not be a lawyer, but it didn’t seem that such a glaring contradiction made sense – even within the twisted logic of U.S. Intellectual Property law.

A little bit of asking around on Berkman Center email lists led to two suggested interpretations (which I will probably mangle since I do not fully understand the legal nuances involved). The first was that the disclaimer text was attempting to assert a contractual claim to which I, or anyone who viewed or downloaded a photo from the White House Flickr stream, implicitly consented, independent of the particular copyright terms attached to government works.

The alternative argument was that the contradiction might have resulted from White House public relations staff attempting to assert control over the images without fully understanding the legal implications of their words.

No matter which version is more accurate (and they may both be partially true), the bottom line is that I’m not sure it’s a good idea to paste Brian Urlacher into the picture with President Obama (despite the fact that it would look pretty awesome).

Brian Urlacher in a Chicago photoshoot. Pavel Trebukov (cc-by-nc-sa)

I am curious to hear what other lawyers and non-lawyers think of this. Independent of what legal reasoning anybody finds convincing, I consider the fact that the White House releases these uncopyrightable photos in an online venue like Flickr to imply that the images are there to be downloaded, recontextualized, and remixed. As a result, I would prefer to see the White House remove the disclaimer that contradicts this intuitive interpretation that also happens to be consistent with the spirit of the government works license.

As the Republican presidential candidates continue to duke it out in contentious primary elections around the country, I’ve started to notice the increasingly public signs that the Obama campaign is gearing up for battle. Not surprisingly, I tend to focus on the Obama re-election team’s uses of digital technologies, where a number of shifts may result in important changes for both the voter-facing and internal components of the Obama For America’s (OFA) digital operations. I started writing this post with the intent of reviewing some of the recent news coverage of the campaign, but it turned into a bit more of a long-form reflection about the relationship between the campaign’s approach to digital tools might mean for democracy.

OFA 2.0: Bigger, Faster, & Stronger (Data)

A fair amount of media coverage has suggested that the major technology-driven innovations within OFA and the Democratic party this election cycle are likely to consist of refined collection and analysis collection of vast troves of voter data as opposed to highly visible social media tools (such as My.BarackObama.com) that made headlines in 2008.

As Daniel Kreiss & Phil Howard  elaborated a few years ago, database centralization and integration became core strategic initiatives for the Democratic National Committee after the 2000 election and the Obama campaign in 2008. These efforts have been expanded in big ways during the build-up to the current campaign cycle.

According to the bulk of the (often quite breathless) reporting on the semi-secretive activities of the 2012 Obama campaign, the biggest and newest initiatives represent novel applications of the big data repositories gathered by the campaign and its allies in previous years. These include the imaginatively named “Project Narwhal” aimed at correlating diverse dimensions of citizens’ behavior with their voting, donation, and volunteering records. There is also “Project Dreamcatcher,” an attempt to harness large-scale text analytics to facilitate micro-targeted voter outreach and engagement.

For a vivid example of what these projects mean (especially if you’re on any of the Obama campaign email lists), check out ProPublica’s recent coverage comparing the text of different versions of the same fundraising email distributed by the campaign two weeks ago (the narrative is here and the actual data and analysis are here).

(Side note: in general, Sasha Issenberg’s coverage of these and related aspects of the campaigns for Slate is great.)

What’s Next: “Gamified” and Quasi-open Campaign App Development

As the Republicans sort out who will face Obama in November, OFA will, of course, roll-out more social media content and tools. In this regard, last week’s release of heavily hyped “The Road We’ve Traveled” on YouTube was only the beginning of the campaign’s more public-facing phase.

The polished, professional video suggests that OFA will build on all of the social media presence and experience they built during and the last cycle as well as over the intervening years of Obama’s administration.

Less visible and less certain are whether any truly new social media tools or techniques will emerge from the campaign or its allies.  Here, there are two recent initiatives that I think we might be talking about more over the course of the next six months.

The first of these started late last year, when OFA experimented with a relatively unpublicized initiative called “G.O.P. Debate Watch.”  Aptly characterized by Jonathan Easley in The Hill as a “drinking game style fundraiser” the idea was that donors committed to give money for every time that a Republican candidate uttered particular, politicized keywords identified ahead of time (e.g. “Obamacare” or “Socialist”).

In its attempt to combine entertainment and a little bit of humor with small-scale fundraising, G.O.P. Debate Watch fits with a number of OFA’s other techniques aimed at using digital initiatives to lower the barriers to participation and engagement. At the same time, it incorporates much more explicit game-dynamics, setting it apart from earlier efforts and exemplifying the wider trend towards commercial gamification.

The second initiative, which only recently became public knowledge, has just begun with OFA opening a Technology Field Office in San Francisco last week.

The really unusual thing about the SF office is that it appears as though the campaign will use it primarily to try to organize and harness the efforts of volunteers who possess computer programming skills. This sort of coordinated, quasi-open tool-building effort is completely unprecedented, especially within OFA, which has historically pursued a secretive and closed model of innovation and internal technology development.

If the S.F. technology field office results in even one or two moderately successful projects – I imagine there will be a variety of mobile apps, games, and related tools that it will release between now and November – it may give rise to a wave of similar semi-open innovation efforts and facilitate an even closer set of connections between Silicon Valley firms and OFA.

Is This What Digital Democracy Looks Like?

I believe that the applications of commercial data-mining tools and gamification techniques to political campaigns have contradictory implications for democracy.

On the one hand, big data and social games represent the latest and greatest tools available for campaigns to use to try to engage citizens and get them actively involved in elections. Given the generally inattentive and fragmented state of the American electorate, part of me therefore believes that these efforts ultimately serve a valuable civic purpose and may, over the long haul, help to create a vital and digitally-enhanced civic sphere in this country.

At the same time, it is difficult to see how the OFA initiatives I have discussed here (and others occurring elsewhere across the U.S. political spectrum) advance equally important goals such as promoting cross-ideological dialogue, deliberative democracy, voter privacy, political accountability, or electoral transparency. (Along related lines, Dan Kreiss has blogged his thoughts about the 2012 Obama campaign and its embodiment of a certain vision of “the technological sublime.”)

All the database centralization, data mining, and gamified platforms for citizen engagement in the world will neither make a dysfunctional democratic government any more accountable to its citizens; erase broken aspects of the electoral system; nor generate a more deeply democratic and representative networked public sphere. Indeed, these techniques have generally been used to grow the bottom line of private companies with little or no concern for whether or not any broader public goods are created or distributed. Voters, pundits, President Obama, and the members of his campaign staff would all do well to keep that in mind no matter what happens this Fall.

WaPo has the story:

Sources close to transition officials who spoke on the condition of anonymity said Genachowski had been recently meeting with key Democratic lawmakers to see if the role of CTO would have policy-making authority and decided against taking the job when he realized the definition of CTO would not include a strong regulatory role. Instead, Genachowski expressed interest in the FCC post.

Why do I find it hard to believe that Genachowski didn’t realize that the CTO post would not have regulatory authority?

Anyway…

President-Elect Obama’s team at Change.gov has posted their first batch of replies to a few of the most popular inquiries submitted via the bally-hooed question tool since it went live last week.obamalogo

If you really want to read the responses, go ahead, knock yourself out. They’re just like the comment threads at DailyKos/LGF/Wonkette/BoingBoing/Lifehacker except they’re completely dry, soul-less, and snark-free.

Take this stirring exchange, for example:

Q: “What will you do to establish transparency and safeguards against waste with the rest of the Wall Street bailout money?” Diane, New Jersey

A: President-elect Barack Obama does not believe an economic crisis is an excuse for wasteful and unnecessary spending. As our economic teams works with congressional leadership to put together a plan, we will put in place reforms to ensure that your money in invested well. We will also bring Americans back into government by amending executive orders to ensure that communications about regulatory policymaking between persons outside government and all White House staff are disclosed to the public. In addition all appointees who lead the executive branch departments and rulemaking agencies will be required to conduct the significant business of the agency in public so that every citizen can see in person or watch on the Internet these debates.

Can you even remember the question after all that opacity? Turns out the White House press corps might not be out of a job after all.

Be honest, though, who’s actually surprised that the Obama team is sticking to their script and refusing to engage in precisely the sort of off-the-cuff banter that makes conversations on the Internet interesting? I was at an event with a few members of their new media team last week and these folks are at least as disciplined as a Bill Belichik offense.

For all the hoopla about the many wonderful ways in which Change.gov might transform the relationship between the POTUS and the rest of us, it’s going to take more than a few Rick-rolls before somebody mistakes this site for 4chan. (Dear Mr. President Elect, I video taped myself asking you a very important question: please watch it here!)

That said, the first idiot who celebrates the fact that someone in the transition team took the time to answer the question about legalizing pot ought to have their head examined. It may be Democracy in motion, but only in the sense in which Jeffersonian “mob rule” sense. I’m not one to romanticize the high-flown days of the republic of media gatekeeping, but this is just campaigning by other means and a waste of everybody’s time.

It may not matter, though, because unless the Change.gov team loosens up a bit (and opens the door to the risk of a mini scandal or two), I suspect people will quickly forget about this site after the inauguration.

Hockey Moms for Obama

September 13, 2008

Check it out – thinking I might send one to my (hockey) mom…

Worth a second look now that the news is out.

I am still woefully uneducated on Biden’s record and his politics, but here’s hoping that David Brooks speaks for a broad swath of centrists and accurately depicts the imagination of the rustbelt.

If Biden can appeal to someone like Brooks, I’m tempted to be optimistic about the selection.

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