• Home
  • About
  • Blog
  • News
  • Events
  • Media
  • Video
  • Glossary
  • Contact
  • Download
  • RSS

Google takes on China

January 12th, 2010  |  by jz  |  Published in Future of the Internet, filtering  |  33 Comments

Google announced today that it would cease (well, phase out) censoring the results in google.cn, the Chinese-language version of its famed search engine.  It’s a pretty stunning move, both in its fact and in its execution.  First, the announcement of “A new approach to China” may appear to have buried the lede.  The lion’s share of the post is devoted to describing a series of coordinated attacks on the accounts of human rights activists, including those who use Google.  It includes a link to the amazing story of GhostNet, discovered by fellow ONI researchers when the Dalai Lama gave them his oddly-acting laptop to examine.

Companies rarely share information about the cyberattacks they experience — conventional wisdom has it that it makes the company appear vulnerable, and drives customers away.  Here Google is open about the attacks, while of course assuring readers that it had tightened security as a result.  Google then links these attacks to a lessening of enthusiasm for doing business in China.  Eliminating censorship in google.cn is only mentioned after that.

Suppose the Chinese government acts as expected and tells Google that it may no longer operate in China.  Google.cn might vanish as a domain name, since it’s hosted under the Chinese country-code TLD of .cn, ultimately controllable by the Chinese government.  But the search engine found there could of course keep operating from a different location, like cn.google.com.  Suppose then that China attempts to filter out traffic to and from that new location — and to and from google.com for good measure, as it has done from time to time, especially before the advent of google.cn and its agreement to censor.  (We’ll be watching for such moves at herdict.org, a site where users can report Web blockages.)

What next?  My hope, and expectation, is that Google engineers who might have been a bit halfhearted about implementing censorship mandates in google.cn could be full-throttle in coming up with ways for Google to be viewed despite any network interruptions between site and user.  There are lots of unexplored options here.  They’re unexplored not because they’re infeasible, but because most sites would rather not provoke a government that filters.  So they don’t undertake to get information out in ways that might evade blockages.  Here, Google would have nothing more to lose, so could pioneer some new approaches.  Circumvention of filtering (or other blockages, for that matter) tends to happen on the user side of things, seeking out proxies like the Tor network, or anonymizer.com.

To be sure, many of the larger benefits of operating in China originally cited by Google four years ago — exposing the citizenry to services beyond those locally grown and monitored; engaging them beyond the “China Wide Web” to which some government officials aspire to limit them; and gaining market share that can create momentum and support for later loosening of restrictions — may attenuate.  Google.cn is less known and used than, say, the local Baidu search engine, which boasts about 60% market share.  That share is about to get even bigger.

But drawing a line is both the right move and a brilliant one.  It helps realign Google’s business with its ethos, and masterfully recasts the firm in a place it will feel more comfortable: supporting the free and open dissemination of information rather than metering it out according to undesirable (and capricious) government standards.

Responses

Feed
  1. Bertil Hatt says:

    January 12th, 2010 at 8:14 pm (#)

    Well, I’m not sure you really grasp the essential perspective on this one: what matters is public opinion in China, not in Stanford—and that opinion can be violently populist and nationalist even. For years, I couldn’t find any non-racist explanation on why Google’s market share was so low in China; now, I can’t find any information about what Chinese people thing about Google’s reaction… I mean: don’t call the Chinese government a dictatorship if you care less for the people’s opinion then they do.

  2. Saqib Ali says:

    January 12th, 2010 at 9:22 pm (#)

    If China does go ahead and block google.com, what does it mean for:

    1) Chinese businesses that use Google Apps (docs, email etc)
    2) Non-China based businesses that operate in China and use Google Apps?

    I guess they can route the traffic over VPN, and call it Business Contingency i.e. end-to-end business traffic. But what will China’s position be on such sort of re-routing?

  3. Difficult Problems in Cyberlaw » Blog Archive » #GoogleCN news roundup says:

    January 13th, 2010 at 4:23 am (#)

    [...] Jonathan Zittrain argues But [Google] drawing [the] line is both the right move and a brilliant one.  It helps realign Google’s business with its ethos, and masterfully recasts the firm in a place it will feel more comfortable: supporting the free and open dissemination of information rather than metering it out according to undesirable (and capricious) government standards. [...]

  4. Jora » Arhiiv » Google üllatab says:

    January 13th, 2010 at 4:55 am (#)

    [...] * Jonathan Zittrain [...]

  5. Seth Finkelstein says:

    January 13th, 2010 at 9:18 am (#)

    “They’re unexplored not because they’re infeasible, but because most sites would rather not provoke a government that filters.”

    But remember the difference between values and technology: If it works for citizens in China seeking human rights, it works for teenagers in America seeking porn.

  6. links for 2010-01-13 | Don't mind Rick says:

    January 13th, 2010 at 9:36 am (#)

    [...] Google takes on China (tags: google censorship internet) [...]

  7. links for 2010-01-13 « burningCat says:

    January 13th, 2010 at 9:37 am (#)

    [...] Google takes on China (tags: google censorship internet) [...]

  8. Connected Conversations » Will the US Govt support Google in its battle vs China? says:

    January 13th, 2010 at 9:45 am (#)

    [...] up to bat against China for the case of freedom of information. I think that Jonathan Zittrain has a great take on the situation: My hope, and expectation, is that Google engineers who might have been a bit halfhearted about [...]

  9. links for 2010-01-13 « Vox Publica says:

    January 13th, 2010 at 1:01 pm (#)

    [...] Google takes on China futureoftheinternet.org: Google gjør det riktige når de dropper sensur i Kina, skriver Jonathan Zittrain. (tags: kina internett sensur google ytringsfrihet zittrain) [...]

  10. …My heart’s in Accra » Four possible explanations for Google’s big China move says:

    January 13th, 2010 at 2:45 pm (#)

    [...] online. Evgeny thinks Google is bluffing, or simply retreating from an unsuccesful market position. Jonathan Zittrain sees this as a masterstroke, aligning Google’s business with its values, and shares my hope that Google will dedicate [...]

  11. infopolitics » Blog Archive » Google China chatter collected says:

    January 13th, 2010 at 3:52 pm (#)

    [...] Zittrain anticipates that if Google pulls down its China-based operations, it may be well positioned to develop [...]

  12. Google and China – elearnspace says:

    January 13th, 2010 at 5:45 pm (#)

    [...] in their analysis by exploring multiple scenarios that influenced Google’s decision. And on still others suggest the move will “realign Google’s business with its ethos”. This is one of those [...]

  13. Kevin Donovan says:

    January 13th, 2010 at 7:06 pm (#)

    I’m not convinced Google has “nothing more to lose” by promoting anti-circumvention. I forget the name of the Chinese dissident who was attacked at his home in the USA by unknown assailants – it’s an outlier, but it demonstrates the risk that Google would put its thousands of employees in if they declare war on the GFW. And as Peter Fleischer’s troubles in Italy demonstrate, this is a company that doesn’t want employees to be arrested on vacation at the real Great Wall.

    But who knows, maybe they can support in more oblique ways?

  14. Reaktionen auf Google vs. China : netzpolitik.org says:

    January 14th, 2010 at 8:04 am (#)

    [...] Jonathan Zittrain hofft auf mehr Unterstützung von Google bei der Umgehung von Zensur: Google takes on China. [...]

  15. Nerin Online - Google vs China says:

    January 14th, 2010 at 2:45 pm (#)

    [...] Jonathan Zittrain, Future of the Internet [...]

  16. Chris Bronk says:

    January 15th, 2010 at 4:33 pm (#)

    One interesting item to think about is Google’s stock price after the announcement. When companies disclose a cyberattack against them, there is often an ensuing run on their publicly traded stock. Not the case here. Google’s rose through most of Wednesday and Thursday, but fell today. A delayed reaction to the China announcement? Perhaps.

  17. Google Stands up To China « Webs@Work says:

    January 15th, 2010 at 8:40 pm (#)

    [...] a post on The Future of the Internet, Jonathan Zittrain says the lion’s share of the post is devoted to describing a series of [...]

  18. Elle says:

    January 16th, 2010 at 2:03 pm (#)

    When I was in China, most of the people I knew used baidu.com (the search engine of choice) simply because it gave the best Chinese language search results. Google.cn is not as popular in China for the same reason Yahoo.com is not as popular in the US — it’s not the best search option.

    (Also, baidu.com allows a Napster-like download of popular music, but only if your IP address is coming from China — an ironic twist to internet filtering.)

    Whether Google decides to pursue the unfiltered search results option for China most likely won’t affect the average internet user in China because he or she simply won’t care.

    In response to Saqib Ali, Google and its applications are extremely unstable in China. Individuals and businesses use them with the acknowledgment that they may experience arbitrary downtime.

  19. Skepticism, Excitement and Fear: A Scan of Reactions to Google’s New Approach to China « John Bracken says:

    January 16th, 2010 at 2:19 pm (#)

    [...] Jonathan Zittrain: [...]

  20. Media Literacy: Making Sense Of New Technologies And Media by George Siemens – Jan 17 10 « Argument says:

    January 17th, 2010 at 5:44 pm (#)

    [...] on still others suggest the move will “realign Google’s business with its ethos“. This is one of those moments where I am less concerned about motivations and more [...]

  21. CCT says:

    January 17th, 2010 at 10:45 pm (#)

    Your “hope and expectation” seems surprisingly infantile, for someone of your purported pedigree.

    Let’s imagine that Google.com does engage in Internet guerilla warfare, finding a way to make Google services available in China.

    What then? How many multinational advertisers will want their brands and ads involved in this guerilla warfare? If Google escalates this conflict, how long until China returns fire by punishing other media creators (like Hollywood distributors) and/or advertisers that partner with Google? You play with fire, you take steps to *actively* violate Chinese law… you will get burned.

    The best result Google can possibly hope for at this point, is that China allows it to take its ball and go home. It seems Google’s master plan for the next 10-20 years would be: survive as the big fish in the small pond that is the non-Chinese Internet.

  22. China and Google’s long-term strategy « Radical Instrument says:

    January 17th, 2010 at 11:45 pm (#)

    [...] Google.cn – with some of the clearest found in posts by Ethan Zuckerman, Evgeny Morozov, and Jonathan Zittrain, among others. The debate and points of interpretation mostly deal with Google’s potential [...]

  23. Walter Jesse Smith says:

    January 18th, 2010 at 1:40 am (#)

    The Obama Administration, following the Bush Administration (and Administrations all the way back to Nixon), is in the curious position of alliance with China. China is both enjoying what it cherry picks from the American Revolution as this revolution sweeps the globe, and at war with the other parts it picks from the same American Revolution. Obama and his administration are bewildered, but that is only because of their unswerving devotion to status quo radical corruption as politics rather than having any devotion to the American Revolution. Google is devoted to the American Revolution. History on on Google’s side, against China’s and against the US Government’s. Surely we live in the most interesting of times.

  24. In War Against the Internet, China Is Just a Skirmish says:

    January 18th, 2010 at 6:02 am (#)

    [...] “My hope, and expectation, is that Google engineers who might have been a bit halfhearted about implementing censorship mandates in Google.cn could be full-throttle in coming up with ways for Google to be viewed despite any network interruptions between site and user,” Mr. Zittrain wrote on his blog, The Future of the Internet and how to Stop It. [...]

  25. PETER says:

    January 18th, 2010 at 8:01 am (#)

    “Whether Google decides to pursue the unfiltered search results option for China most likely won’t affect the average internet user in China because he or she simply won’t care.”

    pls do not make The decision for Chinese people unless you REALLY know what they CARE!!

  26. jason mazzon says:

    January 18th, 2010 at 10:43 am (#)

    The ethics of Google self-serving gamble and the false expectations that it has generated are a confusing sign of where things are heading with the internet. The internet is evolving as realistically as possible. First, it was a “free-for-all” playing field where every participant did what he wanted. Then, came business which realized that the only commodity really produced using the web was the selling, trading, and buying of personal information disguised as a service and up to now that is their only business model on the internet. Now, we have governments trying to establish control of how society uses the information that is on the web as a mechanism of governing.

    It would be naive to think that only France and China are the only governments trying to manipulate the medium as a mechanism of governing without thinking that our government here in the U.S. also uses the internet to keep tab on what it considers threats to the nation. China, though has taken it to a different level. They realize that in this day and age control of native web servers and filtering of external ones means control of how their people can think and view the world. They also realize the enourmous potential of the internet as weapon of both economic, and political war.

    It is the beginning of a new internet age which will engender a battle between those seeking total openness and those seeking total control. There will be no in-between
    compromises. That is why Google stands a good chance of being kicked out of China. American companies will continue to sell their souls to their Chinese business host as long as China throws them a bone from their markets. That is the real ethics of American business.

    When it comes to personal involvement with the internet, the future will demand a more careful and knowledgeable participation. The mass of reckless participants will be manipulated in one form or another by both business and government. So, eventually it is going to be up to us as individuals to watch and care for our freedom of expression and interchange of ideas within this medium. There is no going back to the good old internet days, and there is no reason to expect that business and government will keep the medium a free for all medium.

  27. hawk says:

    January 18th, 2010 at 11:22 am (#)

    Google employees have suffered in China, and if it weren’t China, that sort of treatment would bring down the wrath of Hillary. Markets tend to get the treatment their potential for growth allows. The big question, as I see it, is why is Google seemingly taking on China, and the U.S. seems to be out of focus? This is more about “informationization” which you can read about at: http://tek-tips.nethawk.net/blog/the-informationization-age

  28. MatthewTan says:

    January 18th, 2010 at 3:06 pm (#)

    Call on China to be firm to oppose Google hegemony – it has violated Chinese sovereignty with US government backing. The developing nations look to China to oppose US hegemony of all kinds.

  29. Curt D says:

    January 18th, 2010 at 4:01 pm (#)

    Google and China are bringing up a 21st century battle of democracy and freedom verse Communism and restricted personal freedom. When we started using cloud computing systems we saw the HUGE area of security problems being created in cross country internet usage. Thrown in that the entire world is “outsourcing” computer stuff to Southeast Asian countries, and you have a plan for these socio-technology issues going to ahead. We study search demand/supply trends from around the world to find profitable niches and products. A niche, or hot predictions, is not just a demand side issue, but a supply/demand curve. If you predict IPHONE apps will take off, and there are already 100,000 aps, then you aren’t going to hit that one. If you see that demand for cell phone radiation shields is going nuts and there are only two suppliers, then you can be pretty sure that it will be a good year for those 2 supplies. The software at http://www.TheInternetTimeMachine.com studies both the demand (search volume) and supply (think “results” in Google). The Google Phone is generating much more buzz right now then say the Apple Tablet.
    Cheers,
    Curt
    Here is a video on what I mean.. http://bit.ly/SupplyDemandCurves

  30. Google takes on China :: The Future of the Internet — And How to Stop It | uPost MBB says:

    January 20th, 2010 at 8:35 am (#)

    [...] Google takes on China :: The Future of the Internet — And How to Stop It. VN:F [1.8.0_1031]please wait…Rating: 0.0/10 (0 votes cast)VN:F [1.8.0_1031]Rating: 0 [...]

  31. Episode 24 – Frohes neues Jahr says:

    January 20th, 2010 at 8:47 am (#)

    [...] Jonathan Zittrain [...]

  32. Data Without Borders Episode 11: Happy New Year with Facebook and Google :: Data Without Borders says:

    January 21st, 2010 at 8:25 am (#)

    [...] Jonathan Zittrain [...]

  33. Google takes on China-Jonathan Zittrain « FACT – Freedom Against Censorship Thailand says:

    January 23rd, 2010 at 1:29 pm (#)

    [...] Google takes on China [...]

Blog

  • Should we worry about Robin Sage?
  • In 1996, a physicist named Alan Sokol published an article in Social Text, a cultural studies journal.  It was called “Transgressing the Boundaries: Toward a Transformative Hermeneutics of Quantum Gravity,” and as the name suggests, it’s pretty impenetrable.  You can check it out here.  Soon after it came out, he published an article in the now-defunct Lingua Franca, saying that the first article had been a hoax.  He said he did it to see if the journal “publish an article liberally salted with nonsense if (a) it sounded good and (b) it flattered the editors’ ideological preconceptions.”

    I remember feeling pretty sympathetic to the Social Text editors at the time — which was before I was immersed in legal academia, where most of the law reviews are run by students and don’t perform what other fields would recognize as formal peer review.  Publishing an article doesn’t mean that the journal editors agree with everything it says, and no doubt the Social Text editors had little experience dealing with physics.  Sure, they could have sent it to other physicists, but in the meantime they probably welcomed what looked like a rare attempt by someone from the hard sciences to communicate with an otherwise-alien audience, even if the person was deemed an apostate by his colleagues.  Moreover, being of the postmodern deconstructionist bent, they gleaned a lot from the text — no doubt more than what its insincere author had put in.  (As Wiki says they put it: “its status as parody does not alter, substantially, our interest in the piece, itself, as a symptomatic document.”)

    I was reminded of the Sokal Affair when I read Thomas Ryan’s presentation to the 2010 Black Hat conference about one Robin Sage.  This isn’t the U.S. special ops training exercise conducted each year, but rather a fake identity the author created on LinkedIn and elsewhere.

    The author says he intentionally chose the photo of a young, attractive woman in order to better do what he did next: friend a bunch of security professionals on LinkedIn.  He says that Robin’s success in social networking said something about the security chops of those who friended her.

    I’m not so sure.  He convincingly writes that her profile’s credibility could be debunked with a little Internet sleuthing, but I don’t think it’s surprising that many social network users regularly go to such lengths.  Some people are picky about from whom they allow connections; others are content to accept anything that looks like it’s not a spammer — and Robin was not.

    Ryan includes some snippets of messages that Robin received from her new connections.  One asked her to review a paper he was writing; another complimented her on her looks; another pointed out a job opportunity.  I’m not sure any of these is troublesome.  Ryan figures that if the paper were shared and was pre-publication, a malevolent person behind the Robin persona could have passed it off as his or her own.  That’s a bit of a reach.  Yes, anything can happen, but there are risks in any communication or interaction with a stranger or mere acquaintance.  Ryan says in his paper’s summary that Robin was offered “gifts, government and corporate jobs, and options to speak at a variety of security conferences.”  But when that’s unpacked in the main text, it’s all very tentative — pointing out a job opportunity is not the same as offering a job, and suggesting interest in a conference is not the same as vetting the presentation should the interest be reciprocated.  There’s an intriguing section of the paper about the gender dynamic — Ryan intentionally chose a young, attractive woman as Robin’s avatar, ’and suggests that “Whether these same reactions would have been elicited towards another male is questionable. It can be put forth that Robins appearance and gender played a key role in many people’s comfort level.”

    There’s some interesting research on this sort of thing, such as a study by researchers at the University of Wisconsin in which identical resumes were sent for academic jobs with only the names switched from one gender to another.  They found that men were given more opportunities than their identical women counterparts.  At the very least, gender comfort level can cut both ways, and Ryan’s experiment was, I think even by his own account, as casual as Alan Sokol’s with Social Text.  It’s more to make a provocation than to actually investigate gender bias or sloppy intellectual work, respectively.

    The Robin Sage experiment — and the lessons we’re supposed to draw from it — interest me because I’m interested in the ways in which kindness among strangers can be crucial to the world being a good place to live — and the Internet functioning at all.  It’s not surprising that a security professional would conduct an experiment in which people were duped into friending someone who wasn’t real and then conclude that those people were observing security practices that were too lax.  But the more you think about it, the more you can think of all sorts of similar experiments: offer to help someone with his or her shopping bags, and then drop them.  See someone taking a picture of his friends in a park, offer to do it so he can join the picture, and then run away with the camera.  Hold a door for someone, and then hit them from behind.  Should an experimenter do any of these, would the lesson be about the gullibility of the target or the cruelty of the experimenter?

    To be sure, Ryan’s experiment was conducted among fellow security professionals.  He suggests that Robin’s fake job description suggested that she held a U.S. federal government security clearance — so other people with clearances might be misled into sharing classified information with her.  But there’s no reason to think that people would spill secrets under those circumstances any more than you’d write a check for $5,000 or give your home address to a brand new “friend” on Facebook.

    The beauty of social networks like LinkedIn or Facebook is that they allow a level of connection with someone that has no easy real-world analogue.  LinkedIn can be for colleagues and friends, but it also can include faraway students who want to connect with a professor they’ve never met — and maybe never will — or any number of other configurations.  Just because Wikipedia allows anyone to edit most of its pages, doesn’t mean that it innately and permanently trusts every edit.  The system is set up to be able to revert the work of vandals, and any example of how “easy” it is to vandalize a Wikipedia page is beside the point.  The idea there is that there are more people quickly responding to vandals than there are vandals — so an open system functions.  Similarly, so long as we don’t share more than we mean to, the presence of strangers among our LinkedIn colleagues or even Facebook friends shouldn’t be a red flag.  More might be gained from “friends we haven’t met” than lost to the occasional bad actor.

    So: pleased to meet you, Thomas Ryan — if that’s who you really are.  And even if it’s not.  …JZ

  • Reputation bankruptcy
  • Google CEO Eric Schmidt created buzz (and some shock and criticism) when he suggested in a recent Wall Street Journal interview that, in the not too distant future, “every young person…will be entitled automatically to change his or her name on reaching adulthood in order to disown youthful hijinks stored on their friends’ social media sites.”

    I’ve been intrigued by these concepts, too, and while I don’t think people should have to change their names to escape their pasts — whether earned or unearned — I like the idea of reputation bankruptcy.  It’s taken up as a partial solution to peer-to-peer privacy problems in the Future of the Internet:

    Search is central to a functioning Web, and reputation has become central to search. If people already know exactly what they are looking for, a network needs only a way of registering and indexing specific sites. Thus, IP addresses are attached to computers, and domain names to IP addresses, so that we can ask for www.drudgereport.com and go straight to Matt Drudge’s site. But much of the time we want help in finding something without knowing the exact online destination. Search engines help us navigate the petabytes of publicly posted information online, and for them to work well they must do more than simply identify all pages containing the search terms that we specify. They must rank them in relevance. There are many ways to identify what sites are most relevant. A handful of search engines auction off the top-ranked slots in search results on given terms and determine relevance on the basis of how much the site operators would pay to put their sites in front of searchers. These search engines are not widely used. Most have instead turned to some proxy for reputation. As mentioned earlier, a site popular with others—with lots of inbound links—is considered worthier of a high rank than an unpopular one, and thus search engines can draw upon the behavior of millions of other Web sites as they sort their search results. Sites like Amazon deploy a different form of ranking, using the “mouse droppings” of customer purchasing and browsing behavior to make recommendations—so they can tell customers that “people who like the Beatles also like the Rolling Stones.” Search engines can also more explicitly invite the public to express its views on the items it ranks, so that users can decide what to view or buy on the basis of others’ opinions. Amazon users can rate and review the items for sale, and subsequent users then rate the first users’ reviews. Sites like Digg and Reddit invite users to vote for stories and articles they like, and tech news site Slashdot employs a rating system so complex that it attracts much academic attention.

    eBay uses reputation to help shoppers find trustworthy sellers. eBay users rate each others’ transactions, and this trail of ratings then informs future buyers how much to trust repeat sellers. These rating systems are crude but powerful. Malicious sellers can abandon poorly rated eBay accounts and sign up for new ones, but fresh accounts with little track record are often viewed skeptically by buyers, especially for proposed transactions involving expensive items. One study confirmed that established identities fare better than new ones, with buyers willing to pay, on average, over 8 percent more for items sold by highly regarded, established sellers. Reputation systems have many pitfalls and can be gamed, but the scholarship seems to indicate that they work reasonably well. There are many ways reputation systems might be improved, but at their core they rely on the number of people rating each other in good faith well exceeding the number of people seeking to game the system—and a way to exclude robots working for the latter. For example, eBay’s rating system has been threatened by the rise of “1-cent eBooks” with no shipping charges; sellers can create alter egos to bid on these nonitems and then have the phantom users highly rate the transaction. One such “feedback farm” earned a seller a thousand positive reviews over four days. eBay intervenes to some extent to eliminate such gaming, just as Google reserves the right to exact the “Google death penalty” by de-listing any Web site that it believes is unduly gaming its chances of a high search engine rating.

    These reputation systems now stand to expand beyond evaluating people’s behavior in discrete transactions or making recommendations on products or content, into rating people more generally. This could happen as an extension of current services—as one’s eBay rating is used to determine trustworthiness on, say, another peer-to-peer service. Or, it could come directly from social networking: Cyworld is a social networking site that has twenty million subscribers; it is one of the most popular Internet services in the world, largely thanks to interest in South Korea. The site has its own economy, with $100 million worth of “acorns,” the world’s currency, sold in 2006.

    Not only does Cyworld have a financial market, but it also has a market for reputation. Cyworld includes behavior monitoring and rating systems that make it so that users can see a constantly updated score for “sexiness,” “fame,” “friendliness,” “karma,” and “kindness.” As people interact with each other, they try to maximize the kinds of behaviors that augment their ratings in the same way that many Web sites try to figure out how best to optimize their presentation for a high Google ranking. People’s worth is defined and measured precisely, if not accurately, by the reactions of others. That trend is increasing as social networking takes off, partly due to the extension of online social networks beyond the people users already know personally as they “befriend” their friends’ friends’ friends.

    The whole-person ratings of social networks like Cyworld will eventually be available in the real world. Similar real-world reputation systems already exist in embryonic form. Law professor Lior Strahilevitz has written a fascinating monograph on the effectiveness of “How’s My Driving” programs, where commercial vehicles are emblazoned with bumper stickers encouraging other drivers to report poor driving. He notes that such programs have resulted in significant accident reductions, and analyzes what might happen if the program were extended to all drivers. A technologically sophisticated version of the scheme dispenses with the need to note a phone number and file a report; one could instead install transponders in every vehicle and distribute TiVo-like remote controls to drivers, cyclists, and pedestrians. If someone acts politely, say by allowing you to switch lanes, you can acknowledge it with a digital thumbsup that is recorded on that driver’s record. Cutting someone off in traffic earns a thumbs-down from the victim and other witnesses. Strahilevitz is supportive of such a scheme, and he surmises it could be even more effective than eBay’s ratings for online transactions since vehicles are registered by the government, making it far more difficult escape poor ratings tied to one’s vehicle. He acknowledges some worries: people could give thumbs-down to each other for reasons unrelated to their driving—racism, for example. Perhaps a bumper sticker expressing support for Republicans would earn a thumbs-down in a blue state. Strahilevitz counters that the reputation system could be made to eliminate “outliers”—so presumably only well-ensconced racism across many drivers would end up affecting one’s ratings. According to Strahilevitz, this system of peer judgment would pass constitutional muster if challenged, even if the program is run by the state, because driving does not implicate one’s core rights. “How’s My Driving?” systems are too minor to warrant extensive judicial review. But driving is only the tip of the iceberg.

    Imagine entering a café in Paris with one’s personal digital assistant or mobile phone, and being able to query: “Is there anyone on my buddy list within 100 yards? Are any of the ten closest friends of my ten closest friends within 100 yards?” Although this may sound fanciful, it could quickly become mainstream. With reputation systems already advising us on what to buy, why not have them also help us make the first cut on whom to meet, to date, to befriend? These are not difficult services to offer, and there are precursors today. These systems can indicate who has not offered evidence that he or she is safe to meet—as is currently solicited by some online dating sites—or it may use Amazon-style matching to tell us which of the strangers who have just entered the café is a good match for people who have the kinds of friends we do. People can rate their interactions with each other (and change their votes later, so they can show their companion a thumbs-up at the time of the meeting and tell the truth later on), and those ratings will inform future suggested acquaintances. With enough people adopting the system, the act of entering a café can be different from one person to the next: for some, the patrons may shrink away, burying their heads deeper in their books and newspapers. For others, the entire café may perk up upon entrance, not knowing who it is but having a lead that this is someone worth knowing. Those who do not participate in the scheme at all will be as suspect as brand new buyers or sellers on eBay.

    Increasingly, difficult-to-shed indicators of our identity will be recorded and captured as we go about our daily lives and enter into routine transactions— our fingerprints may be used to log in to our computers or verify our bank accounts, our photo may be snapped and tagged many times a day, or our license plate may be tracked as people judge our driving habits. The more our identity is associated with our daily actions, the greater opportunities others will have to offer judgments about those actions. A government-run system like the one Strahilevitz recommends for assessing driving is the easy case. If the state is the record keeper, it is possible to structure the system so that citizens can know the basis of their ratings—where (if not by whom) various thumbs-down clicks came from—and the state can give a chance for drivers to offer an explanation or excuse, or to follow up. The state’s formula for meting out fines or other penalties to poor drivers would be known (“three strikes and you’re out,” for whatever other problems it has, is an eminently transparent scheme), and it could be adjusted through accountable processes, just as legislatures already determine what constitutes an illegal act, and what range of punishment it should earn.

    Generatively grown but comprehensively popular unregulated systems are a much trickier case. The more that we rely upon the judgments offered by these private systems, the more harmful that mistakes can be. Correcting or identifying mistakes can be difficult if the systems are operated entirely by private parties and their ratings formulas are closely held trade secrets. Search engines are notoriously resistant to discussing how their rankings work, in part to avoid gaming—a form of security through obscurity. The most popular engines reserve the right to intervene in their automatic rankings processes—to administer the Google death penalty, for example—but otherwise suggest that they do not centrally adjust results. Hence a search in Google for “Jew” returns an anti- Semitic Web site as one of its top hits, as well as a separate sponsored advertisement from Google itself explaining that its rankings are automatic. But while the observance of such policies could limit worries of bias to search algorithm design rather than to the case-by-case prejudices of search engine operators, it does not address user-specific bias that may emerge from personalized judgments.

    Amazon’s automatic recommendations also make mistakes; for a period of time the Official Lego Creator Activity Book was paired with a “perfect partner” suggestion: American Jihad: The Terrorists Living Among Us Today. If such mismatched pairings happen when discussing people rather than products, rare mismatches could have worse effects while being less noticeable since they are not universal. The kinds of search systems that say which people are worth getting to know and which should be avoided, tailored to the users querying the system, present a set of due process problems far more complicated than a stateoperated system or, for that matter, any system operated by a single party. The generative capacity to share data and to create mash-ups means that ratings and rankings can be far more emergent—and far more inscrutable.

    As biometric readers become more commonplace in our endpoint machines, it will be possible for online destinations routinely to demand unsheddable identity tokens rather than disposable pseudonyms from Internet users. Many sites could benefit from asking people to participate with real identities known at least to the site, if not to the public at large. eBay, for one, would certainly profit by making it harder for people to shift among various ghost accounts. One could even imagine Wikipedia establishing a “fast track” for contributions if they were done with biometric assurance, just as South Korean citizen journalist newspaper OhmyNews keeps citizen identity numbers on file for the articles it publishes. These architectures protect one’s identity from the world at large while still making it much more difficult to produce multiple false “sock puppet” identities. When we participate in other walks of life—school, work, PTA meetings, and so on—we do so as ourselves, not wearing Groucho mustaches, and even if people do not know exactly who we are, they can recognize us from one meeting to the next. The same should be possible for our online selves. []

    As real identity grows in importance on the Net, the intermediaries demanding it ought to consider making available a form of reputation bankruptcy. Like personal financial bankruptcy, or the way in which a state often seals a juvenile criminal record and gives a child a “fresh start” as an adult, we ought to consider how to implement the idea of a second or third chance into our digital spaces. People ought to be able to express a choice to de-emphasize if not entirely delete older information that has been generated about them by and through various systems: political preferences, activities, youthful likes and dislikes. If every action ends up on one’s “permanent record,” the press conference effect can set in. Reputation bankruptcy has the potential to facilitate desirably experimental social behavior and break up the monotony of static communities online and offline. As a safety valve against excess experimentation, perhaps the information in one’s record could not be deleted selectively; if someone wants to declare reputation bankruptcy, we might want it to mean throwing out the good along with the bad. The blank spot in one’s history indicates a bankruptcy has been declared—this would be the price one pays for eliminating unwanted details.

    The key is to realize that we can make design choices now that work to capture the nuances of human relations far better than our current systems, and that online intermediaries might well embrace such new designs even in the absence of a legal mandate to do so.

    (And, as long as we’re talking about reputation — you can check out Dan Solove’s excellent book on the future of reputation here.)

  • Net neutrality: the FCC takes back the ball
  • There’s some movement in the U.S. network neutrality debates under a rather dry heading: “Further Inquiry Into Two Under-Developed Issues in the Open Internet Proceeding.”

    So far: a couple weeks ago Google and Verizon announced a “legislative framework proposal” to “preserve the open Internet and the vibrant and innovative markets it supports, to protect consumers, and to promote continued investment in broadband access,”  blogged here.  The proposal emerged in the vacuum created by a Federal court ruling overturning the FCC’s regulation of Comcast’s throttling of peer-to-peer traffic, and it was criticized harshly by a number of open Internet advocates as an undue boon to the network providers’ interests.

    Now the FCC has re-entered the picture with its September “further inquiry,” and done so with a deft touch.  First, by seeking additional comments, the document makes it clear that its “NPRM” — a proceeding to craft rules to promote an open Internet that many thought the Comcast decision had derailed — is still alive.  Exactly how any rules will be made is not discussed; instead, the FCC notes the areas where consensus has been reached: some conception of net neutrality is a good idea, at least on non-wireless platforms; that network practices should be disclosed; that net neurality shouldn’t preclude reasonable network management practices by ISPs; and that case-by-case, flexible adjudication beats lengthy and complex rules.

    That’s an astute move: to the extent that the Google/Verizon document represented horse trading — “I’ll agree that net neutrality should apply to wired networks if you agree that it’s too soon to talk about rules for wireless” — the FCC has moved rhetorically to lock in the parts of the deal that most embrace an open Internet by pointing out that there’s now consensus on those points.

    That leaves the most controversial parts of the agreement as objects for further inquiry, and it’s where the FCC is looking for more public comments.  These “under-developed issues” are on the confusing “specialized services” and the less confusing (but no less challenged) wireless proposed exemptions (or at least temporary relief) from net neutrality rules.

    There, the FCC offers a lucid and measured summary of the state of play on each issue, along with some initial thoughts on ways to resolve each, drawing from among the many comments already received from industry and public interest participants.  For specialized services, there’s the question of what happens when a network provider wants to use the pipe it has into someone’s house or business for something independent of vanilla Internet broadband.  There are legacy examples of this: the same wires that carry a phone company’s Internet DSL service carry regular old telephone service, too; and the same cable company coax that carries broadband also carries cable TV.  Indeed, those “specialized” services used to be the main ones, with the Internet as the afterthought.

    It would be strange to say that the same net neutrality principles that mean Comcast can’t favor access to cnn.com over foxnews.com also ought to mean that Comcast can’t favor MTV over Animal Planet in basic cable.  Basic cable is Comcast’s to fill as it pleases, conducting all sorts of deals to figure out whether a new channel should be cute cats or pay-per-view boxing.  (To be sure, this is with the exception of the byzantine and ill-considered “must carry” rules that give legacy TV broadcasters a chance to demand a corresponding cable channel without having to negotiate a deal for it — while also allowing those broadcasters to refuse to allow the cable company to carry the channels unless they cut a deal.  That’s Congress’s mess, though, not the FCC’s.)

    So the strongest view against specialized services might be: OK, network providers, maybe you keep your legacy specialized services, but other than that, we want you to use your bandwidth for open Internet.  But then one could see new specialized services shoehorned in via one’s telephone (“Look, a new handset with a screen to plug into the regular phone line!”) or cable (“A new channel called the Best of YouTube, with fast forward, rewind, and favorite buttons on my cable remote!”).  The puzzle is: if we want to give those legacy modalities a chance to freshen up, or even contemplate new kinds of specialized services not anchored in the old ones, can we do it without the prospect of diminishing the open Internet that’s currently so popular over those very wires?  The Internet tail stands to wag the telco/cable/TV dog to which it was first attached; how to mediate between them now, if at all, should the dog (and its more proprietary frame) stage a comeback?

    Check out pp. 2-4 of the FCC’s document for its own view of the issue, along with some approaches that could help situate specialized services without simply banning them.  I’m intrigued with the idea of guaranteed capacity for regular Internet service — in other words, new specialized services should not be used to shrink the pie for regular Internet offerings.  Experimentation could continue apace on the open Internet, with some of its best results then bottled up and offered sleekly through a more appliancized offering.  So long as there’s still general public access to and broad usage of the regular Internet, a hybrid ecosystem could offer the best of both worlds.  In a way, it’s preferable to have generative and “sterile” environments side-by-side than to have generative environments compete with “contingently generative” ones.  The latter is like the case of the iPhone — to a developer, it acts just like the open PC environment, where anyone can code for it and reach consumers, until it doesn’t — Apple bans a particular app or changes its rules after achieving huge market share.

    And speaking of mobile smartphones, there’s then the question of wireless.  Some net neutrality advocates might ask: what question, saying that it should be treated the same as everything else — as Internet protocols intended.  Others, most directly the wireless carriers themselves, say that nondiscrimination rules will constrain their investment in building out the more nascent wireless infrastructure.  Again the FCC lays out some options, and for the first time that I’ve seen, asks the question not only of net neutrality for use of wireless bandwidth, but app neutrality for developers’ access to a smartphone platform’s app store.  I’ve got my own views on that question, and the FCC neatly asks if perhaps rules on one could help justify an absence of rules on the other: maybe app neutrality would make us worry less about network discrimination, or net neutrality could still permit app discrimination.

    Despite the nondescript eponymous title that suggests that it’s just another abstruse government document, the FCC’s further inquiry is worth a read.  And its contents signal that regulators can be reassuringly versed in the topics they’ve taken up, even as their power to regulate remains in question.  There are still some moves the FCC could make to create net neutrality rules in the absence of a new statute, and without mentioning (much less taking) them, the invitation to comment is one the major parties to the debate won’t ignore.

  • Has the Future of the Internet come about?
  • This week there’s an online symposium at Concurring Opinions about the Future of the Internet — And How to Stop It. I’ll be blogging there; in the meantime here’s my opening entry. Read more »

  • FTC goes after astroturfing
  • Last week the U.S. Federal Trade Commission announced a settlement with Reverb Communications, a firm that describes its business as a:

    … full service videogame agency that provides public relations, marketing, and sales services through one integrated campaign to the interactive entertainment and music industry.  Using precise messaging and calculated marketing campaigns, we are able to drive consumer and industry demand for our clients’ products, resulting in increased product sales.

    According to the FTC’s complaint, some of the “precise messaging” involved the firm putting in fake positive user reviews of various video games on the iTunes store.

    I haven’t been able to track down Reverb’s answer to the charges except a statement repeated here, a blog entry that reports some additional details of how the FTC got onto Reverb’s trail.  Reverb is said to have said:

    During discussions with the FTC, it became apparent that we would never agree on the facts of the situation. Rather than continuing to spend time and money arguing, and laying off employees to fight what we believed was a frivolous matter, we settled this case and ended the discussion because as the FTC states: “The consent agreement is for settlement purposes only and does not constitute admission by the respondents of a law violation.”

    That sounds like a non-denial denial, and the FTC appears to be doing good work here.  In the fall of ’09 it announced that paid commercial endorsements had to be disclosed — even on Twitter, Facebook, and in blogs.  There was some handwringing over this — would the government be going after any blogger who says something good about something and might have a financial interest in it?  It is not particularly easy to predict, especially since the FTC, unlike other Federal agencies, does not do formal rulemakings — it can only announce guidelines and then bring one enforcement action at a time under its general charter to combat unfair or deceptive trade practices.

    The Reverb case provides a good example of how the FTC is thinking about applying its limited staff power: to professional organizations working to subvert ratings schemes.  That’s a good place to start; if nascent ratings schemes are to work, it’s helpful to know what the boundaries are — especially to PR and marketing firms that don’t want to have to race to the bottom.  Now they can tell their clients that they’re just not able to help out with fake reviews.  (In the meantime, the Reverb main home page is showing a generic parked message — odd.)

    I remain curious how effective sites like subvertandprofit.com are.  S&P says it:

    … runs social media campaigns across a variety of social media sites, via our 25,000 users who earn money by viewing, voting, fanning, rating, or posting assigned tasks. Since 2007, our user actions have effectively promoted our advertisers’ web content to popularity at significant cost savings. In 2010, Subvert and Profit merged with Crowdsource Corp. to extend the power of crowdsourcing to a variety of social and business applications.

    More directly, S&P tells advertisers that they can:

    Buy votes on social media sites.

    1. Sign up.
    2. Add funds to your account.
    3. Buy votes.
    4. Get visitors to your site for cheap.
    5. Repeat.

    And in turn, social media users can “get paid just for clicking buttons.”

    Perhaps they or other intermediaries that help to launder ratings could find themselves answering some questions from the FTC.  I see the domain for subvertandprofit is registered in Massachusetts, so I’ve sent an email to its owner — I’ll update this post if I hear anything.

About Jonathan Zittrain

jonathan zittrain

Jonathan Zittrain is Professor of Law at Harvard Law School and co-founder of the Berkman Center for Internet and Society at Harvard Law School

RSS Tweets from Z

  • RT @Herdict: Herdict.org is thrilled to receive a grant from @omidyarnetwork: http://bit.ly/9EcddD
  • On cybersecurity - why Robin Sage doesn't worry me http://bit.ly/b5TtRy
  • Why I like the idea of reputation bankruptcy http://bit.ly/95zYBI
  • The FCC's quiet and canny move to regain the quill on net neutrality http://bit.ly/dxKIYN

Blog Archives



Creative Commons BY-NC-SA Jonathan Zittrain unless otherwise noted.
Powered by WordPress using Gridline Lite.