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Required reading: big news

December 12th, 2008  |  by jz  |  Published in news  |  19 Comments

Larry’s site has been pwned for the moment, so here’s a copy of his blog post announcing his move:

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It is with a complicated mix of excitement and sadness that I make the following announcement.

As some of you remember, just over a year ago I reported that I was shifting my academic (and activist) work from free culture related issues to (what I called) “corruption.” At Stanford, a year ago, I outlined what this work would be: To focus on the many institutions in public life that depend upon trust to succeed, but which are jeopardizing that trust through an improper dependence on money. Read the New York Times Editorial of last week. Or think of medical researchers receiving money from drug companies whose drugs they review; legal academics receiving money to provide public policy advice from the very institutions affected by that advice; or Congress filled with Members focused obsessively on how to raise money to secure their (or their party’s) tenure. In all these cases, dependency on money in these ways tends to weaken public trust. Or so was my hypothesis when I launched on this project.

But how I would pursue this work has been a constant challenge. I started immediately to devour the books recommended to me by colleagues and on my wiki. I attended conferences and gave talks about the subject. I began a series of interviews with insiders. And with the help of Joe Trippi, I launched Change Congress, which was designed to focus these issues in the context of American politics.

Throughout this process, however, I have felt that the work would require something more. That the project I had described was bigger than a project that I, one academic, could pursue effectively. This wasn’t an issue that would be fixed with a book. Or even with five books. It is instead a problem that required a new focus by many people, across disciplines, learning or relearning something important about how trust was built.

About six months ago, I was asked to consider locating this research at a very well established ethics center at Harvard University. Launched more than two decades ago, the Safra Center was first committed to building a program on ethics that would inspire similar programs at universities across the country. But the suggestion was made that after more than two decades of enormous success, it may make sense for the Center to consider focusing at least part of its work on a single problem. No one was certain this made sense, but I was asked to sketch a proposal that wouldn’t necessarily displace the current work of the Center, but which would become a primary focus of the Center, and complement its mission.

I did that, mapping a five year project that would draw together scholars from a wide range of disciplines to focus on this increasingly important problem of improper dependence. Harvard liked the proposal. In November, the Provost of Harvard University invited me to become the director of the Safra Center. Last week, I accepted the offer. In the summer, I will begin an appointment at the Harvard Law School, while directing the Safra Center.

This was a very difficult decision to make. Stanford is an extraordinary law school, and I have loved my time here. The students are brilliant, yet balanced. The faculty is brilliant, yet surprisingly humble. The Dean has an amazing vision of the future of legal education, and is redefining the law school in ways that I completely support. I am endlessly proud of the Center for Internet and Society and the Fair Use Project. I have the very best assistant in the world (and she promised at least 5 more years if I stayed). I have written four of my five books while here. I’m almost finished with my 6th, the book I am sure I will be most proud of. This is a place that has given an enormous amount to me, and from which I have benefited greatly.

On a personal level, too, this was a difficult decision. California has become our home. My wife is strongly attached to everything Californian; we both have very close friends here; I hadn’t ever imagined raising my kids in anything but the social and political environment of San Francisco. I still find it hard to imagine that I won’t, if not now, sometime. And the enormous beauty of the environment here still takes my breath away. A year into my time at Stanford, I was certain I would never leave. After a blissful weekend with my family last week, it still hasn’t registered that I will be leaving.

But in the end, it was impossible for me to be committed to the project while turning down this opportunity. It is not just the institution, nor the (partial) freedom from teaching. It is the chance to frame a large-scale project devoted to a large, important and complex problem. Once we saw it like this, my wife and I decided that returning to this old home was the right thing to do. And so in June, we will pack up the car for a cross country trek, back to Harvard.

Of course, I have no objective cause to complain. Harvard too is an extraordinary law school. As anyone who knows me knows, some of my closest friends in the world are at Harvard, including the Dean (or at least until Obama steals them all away). Harvard has grown and changed in wonderful ways over the past eight years. It will be an enormously exciting place to teach and learn.

But I regret deeply doing anything that is hurtful to those I respect and like. Worse, I hate doing anything that can be misunderstood. When Dean Sullivan recruited me, she said Stanford was paradise. I thought that was just a slogan. It isn’t. I consider the 8 years I have had here to be the most important and invigorating in my career. And I will miss everything about this place.

Some things won’t change. I will continue to work with Joe Trippi to build Change Congress. And I will continue to explore how best to incorporate this space (the Net) into this research. But I will do all of this, and my work, in the context of Harvard’s Safra Center and its Law School, and of old friendships, revived.

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Responses

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  1. Cindy Stanford says:

    December 12th, 2008 at 4:11 pm (#)

    What a brave move. I believe this will make all the difference you are wanting it to make, and more. Thank you for making the hard decisions and thank you for posting this.

  2. Scott MacLeod says:

    December 12th, 2008 at 4:12 pm (#)

    Congratulations, Larry!

    Regards,
    Scott

  3. Gabe Meister says:

    December 12th, 2008 at 4:20 pm (#)

    Larry — this is amazing news. W00t!

    Gabe

  4. Andy Jacobson says:

    December 12th, 2008 at 4:29 pm (#)

    Looking forward to being exposed to more of your work. All I would ask is that you maintain an open line of communications so that we all can learn as you go.

    Enjoy Cambridge—I moved to NYC 27 years ago and I still miss running along the Charles.

    - Andy
    http://andyjacobson.com
    http://twitter.com/andyjacobson

  5. paul says:

    December 12th, 2008 at 4:40 pm (#)

    Welcome back Larry!

  6. Peter Himler says:

    December 12th, 2008 at 4:47 pm (#)

    Larry,

    Wow. Big news, indeed! Teddy tells me it’s very chilly along the Charles right now. Much luck with the move.

    Peter

  7. Elisabeth Freeman says:

    December 12th, 2008 at 4:50 pm (#)

    Larry -
    Congratulations! I look forward to see all the great work you’re going to do at Harvard.

    Elisabeth

  8. He’s Coming, He’s Coming, He’s Coming. | Innermost Parts says:

    December 12th, 2008 at 5:37 pm (#)

    [...] News Leave a Comment [...]

  9. Other peeps says:

    December 12th, 2008 at 5:40 pm (#)

    Sounds like it’s all about you, LL, rationalized in terms of others. This will make no major progress in the world.

  10. Sree Sreenivasan says:

    December 12th, 2008 at 5:56 pm (#)

    Big news, indeed. Congrats and looking forward to seeing you down here more often. //sree//

  11. Avniye Tansug says:

    December 12th, 2008 at 7:49 pm (#)

    Congratulations from Istanbul…

  12. KD says:

    December 13th, 2008 at 1:30 am (#)

    Professor,

    Best of luck, from an old friend. The move will suit you well.

  13. Colby says:

    December 13th, 2008 at 3:10 am (#)

    I can’t wait to see what comes out of all of this – and I’m very excited about your new book. Best of luck, though I thought this was going to be you telling al of use that Obama had stolen you away ;)

    Congratulations!

  14. Anibal says:

    December 13th, 2008 at 5:19 am (#)

    Congratulations! and i hope big returns in your new academic endevour. Corruption it´s one of the toxic poisons of democratic societies
    Let´s make ethics come back to politics, to economics…!
    Best.

  15. francine hardaway says:

    December 13th, 2008 at 10:27 am (#)

    At no time in human history have we needed a corruption research project more. Thank you for making the sacrifice to go to Harvard and run it. And I’m saying that without irony, because I know it’s beautiful here in SV.

  16. Scott says:

    December 13th, 2008 at 3:33 pm (#)

    We’ll miss you at SLS–1L torts was one of my most memorable classes.

  17. Jan Kabili says:

    December 14th, 2008 at 10:08 pm (#)

    Larry — Stanford is wonderful, but as you know, place isn’t everything. Best of luck in your new position at Harvard.

  18. Pablo Manriquez says:

    December 16th, 2008 at 11:37 pm (#)

    Lessig returns! Whoa!

  19. 好世纪 says:

    January 14th, 2009 at 12:28 am (#)

    nofollow
    Stanford is wonderful, but as you know, place isn’t everything. Best of luck in your new position at Harvard.

Blog

  • The Future of the Internet: Five Years Later
  • In 2008, The Future of the Internet called attention to a “sea change” in the way consumer devices interact with the Internet. “The future is not one of generative PCs attached to a generative network,” the book warns; “it is instead one of sterile appliances tethered to a network of control.” In response to the security threats posed by malicious third-party code, increasing numbers of users will likely gravitate towards gadgets “tethered” by continuous communication between product and vendor. And this proliferation of tethered computing—the “appliancization” of PCs—will deal a serious blow to the principles of generativity and free expression that drove the early Internet.

    Since the publication of The Future of the Internet, the ethos of strict appliancization has taken a new turn. In 2011, Professor Zittrain wrote an update on the book’s message: “at the time of the book’s drafting, the alternatives seemed stark: the “sterile” iPhone that ran only Apple’s software on the one hand, and the chaotic PC that ran anything ending in .exe on the other. The iPhone’s openness to outside code beginning in ’08 changed all that. It became what I call “contingently generative” — it runs outside code after approval (and then until it doesn’t).” This trend towards contingently generative models continues into the present day, and represents a shift similar in many respects to the one The Future of the Internet predicted.

    Jon Brodkin and Peter Bright’s Ars Technica op-ed on the Microsoft Metro app store offers some valuable commentary on a big development in this “sea change.” The article recognizes that “Microsoft is imitating Apple in one very bad way, by limiting the distribution of Metro applications to a Microsoft-controlled app store… by bringing Windows to tablets, Microsoft could strike a blow for openness in a market dominated by a closed system. Instead, Microsoft is bringing the same restrictions found on iPads to both Windows tablets and PCs.” As forecasted by The Future of the Internet, devices that only run approved code are gaining popularity. Metro, the curated user interface that has found its way onto Microsoft’s tablets and PCs (in the case of the PCs, alongside a fully-functional desktop mode capable of side-loading non-Windows Store applications), won’t run applications from outside the Windows Store. Moreover, the apps available through the Store are subject to a bevy of restrictions on content. With these restrictions on installable applications come the restrictions on generativity that The Future of the Internet anticipated: “lock down the device, and network censorship and control can be extraordinarily reinforced.” And, as the Ars Technica piece observes, the Windows Store’s rules would exclude critically-acclaimed content like the video game Elder Scrolls: Skyrim, simply for its PEGI 18/ESRB M rating. It isn’t hard to extrapolate, as Brodkin and Bright do, that these rules could give rise to debacles similar to Apple’s (repealed) ban of a satire app developed by a Pulitzer Prize winner.

    Though the Windows Store’s restrictions resemble Apple’s policies in many ways, there is a crucial difference: Metro-running Windows 8 products are designed as PC replacements, rather than sui generis devices like the iPad. And since Windows desktops have long been preferred gaming platforms, the theoretical exclusion of content like Skyrim from the Windows Store makes Windows 8’s emphasis on the Metro interface particularly jarring.

    With Metro, Microsoft has made a decisive move towards contingent generativity. Brodkin and Bright note that “there are security benefits to a closed app store model, particularly for less tech-savvy users who may not understand all the dangers on the Web. There are also, arguably, convenience benefits; end-users can be reasonably confident that the apps they download will work correctly and be at least marginally useful…But while these security and convenience benefits might be enough to justify the existence of a curated app store, they don’t justify the decision to make that store the only option for all users. Informed users should be allowed to install applications from wherever they want.” Brodkin and Bright prefer a system like Gatekeeper, a fixture in newer versions of Apple’s OS X, from Mountain Lion forward. Gatekeeper gives users the choice to restrict their operating system to App Store apps and outside apps that have been signed with Apple-issued Developer IDs, or open up the device to all programs, whether or not they’ve been vetted by Apple. The “Future of the Internet” Blog is fairly enthusiastic about Gatekeeper: about a year ago, a post here suggested that “the middle ground of allowing non-App Store signed code may represent the best of both worlds.” But we were quick to warn that Gatekeeper strikes a tenuous balance: “one small tweak — lose that Control-click for sideloading — and OS X could fully merge with iOS, both in functionality and in security methods.” Metro’s riff on content control could be just that sort of tweak—especially given recent speculation that Microsoft may dump desktop mode in Windows 9, leaving only Metro.

    Moreover, a contingently generative business model like the Windows Store’s carries some ethical implications that, while not damning, are certainly worth examining. Distribution systems like the Windows Store, Apple’s App Store, and the Android Market receive 30% of the sales revenue from applications sold in their stores (in the Windows Store, this cut drops to 20% after an app reaches $25,000 USD in revenue). Further restrictions on side-loading in new operating systems would drive a great deal of business towards big companies’ proprietary marketplaces—and with that traffic would come big payouts. With the uptick in store traffic that tighter gatekeeping would engender, it’s easy to imagine the equilibrium of Mac’s OS X Gatekeeper being forsaken for more restrictive, and more lucrative, operating systems. To analogize, a la The Future of the Internet: when the company that makes your computer requires you to install programs through their official store, it isn’t so different from the company that makes your toaster forcing you to buy from their bakery—and taking a cut out of every bread purchase you make.

    Even though Windows 8 PC users can still make use of a fully-functioning desktop operating system, Microsoft’s failure to include a side-loading option for the heavily-emphasized Metro interface—particularly in devices marketed as PC replacements—is a step in the wrong direction. It’s also an indication that the seas are changing in the way The Future of the Internet predicted. Given that Android’s more open approach to outside applications[1] still leaves the Android Market increasingly economically viable, Ars Technica is right to voice its disappointment in xenophobic operating systems like iOS and Metro.

    - Ben Sobel, Kendra Albert, and JZ

    [1] Though the Google Play approach to openness is far from perfect! Ad-Blocking apps were recently pulled from the Play Store, in a move that will come to illustrate just how viable it is to distribute a side-loaded Android app without any help from the Play Store.

  • Rock star RA wanted
  • I’m seeking a full-time one-year rock star research associate to engage with a variety of projects and classes, with a broad opportunity to immerse in cyberlaw and Internet topics.   Blurb below, with more information on how to apply at <http://cyber.law.harvard.edu/getinvolved/jzra>.  …JZ

    –

    Professor Jonathan Zittrain of Harvard Law School, the Harvard Kennedy School of Government, the Harvard School of Engineering and Applied Sciences, and the Berkman Center for Internet & Society, seeks a full-time research associate in Cambridge, MA for a period of one year, beginning no sooner than June 1, 2013.

    This position requires the ability to absorb large amounts of written and other media materials from various sources (including but not restricted to: original sources, scholarly articles, news articles/blogs, interviews, databases) in a short amount of time, critically analyze that material and render it forward. This could take the form of prep materials for panels, conferences and presentations; article outlines; fact checking materials; original article or paper drafts; slide decks or other digested forms. The research assistant should be prepared to help prepare materials for class sessions and syllabi, lead discussions and work with project managers to accomplish research-related goals.

    Research is often self-directed with little outside guidance beyond broad outlines and themes (though occasional targeted research assignment for a specific fact or image can be expected, and feedback is provided), so the ability to quickly critically appraise sources and identify interesting, relevant and original paths is essential. Wide-ranging interests and the ability to work on almost any issue or topic that arises is a plus, as is an ability to ramp up quickly on unfamiliar fields or topic areas. Excellent writing and editorial skills with an attention to detail are also required.

    This job is an ideal opportunity for those interested in future graduate school or law school studies, whether currently admitted or still applying to such programs.

    Over the course of the year, a motivated individual will sharpen and focus his or her research agenda and make valuable contributions (in his or her own name) to the field of cyberlaw and beyond, while being exposed to interesting thinkers in academia, industry, and government. A research associate in this position will work very closely with Professor Jonathan Zittrain and his team, assisting in a variety of research areas, e.g. ubiquitous human computing, mesh networking, and cybersecurity, as well as on topics around access to knowledge and open scholarly publishing under the auspices of the Harvard Law School Library.

    The position will not start before June 1, 2013.  As with all Berkman staff positions, this is a term position, ending June 30, 2014.

  • F-T: Don’t sue over tweets
  • I just published a short piece in the F-T in the wake of legal threats against users who tweeted or retweeted a link to a BBC report of child abuse that turned out to be wrong.  Here’s the full text –

    Those who didn’t see the false child abuse accusations against Lord Alistair McAlpine on an ill-considered BBC documentary may have instead heard about them through social media. This week, London’s Metropolitan Police suggested they might file charges against those Twitter users who sullied the reputation of the retired Conservative politician by knowingly repeating the lie that he was a child abuser. But the police may be less fearsome to the average BBC-linking tweeter than Lord McAlpine himself. Read more »

  • Taking More than Candy from a Baby
  • Update – 10/17/2012: The parties involved in the lawsuit – Speak for Yourself and SCS/PRC reached a settlement, allowing the app to remain in the Android and iOS app stores. More at the Nieder family blog.

    Original Post:

    Generativity hasn’t had a poster child — until now.

    Meet Maya, a four-year-old child who could lose her ability to speak with the elimination of an app from the iOS App Store.

    As detailed in the Nieder family’s original blog post on the subject, Maya uses Speak for Yourself (SfY), an iPad app that serves as an “augmentative and alternative communication” (AAC) device. Before finding SfY, Maya had tried multiple AAC devices, but hadn’t found one that worked for her. Read more »

  • “Unabomber manifesto tied to tech news headlines”
  • When you see the headline “Powerful ‘Flame’ cyberweapon tied to popular Angry Birds game,” does it cause you to think that there is actually some connnection between the recently discovered malware Flame and Angry Birds? That would be entirely reasonable, but wrong. Read more »

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

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