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Don Tapscott

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G8 and the Internet: Sarkozy Messes With a Good Thing

Posted: 05/27/11 01:53 PM ET

The irony couldn't be more obvious. After staging a piece of political theater called the E-G8, which French President Nicolas Sarkozy used as a platform to champion the notion of much tougher government control over the Internet, the president today will welcome to the analog G8 meeting in Deauville, representatives from the interim governments of Tunisia and Egypt.

Without the Internet, and social media in particular, the revolutions in Tunisia and Egypt would simply have never occurred.

Sarkozy's problem is that, like other political leaders, he doesn't like a medium over which the government does not have final authority. With the Internet's arrival, lofty concepts such as freedom of speech and freedom of thought are actually gaining traction. Prior to this, freedom of speech was meaningful only to those who powerful people who could use the printing presses and broadcast media.

Earlier this week in the UK, for example, football star Ryan Giggs filed a lawsuit against Twitter and thousands of Twitter users who ignored a court-ordered injunction that prohibited the media from identifying the celebrities involved in an extramarital affair case in which Giggs is a central figure. The so-called super injunction is truly odious, and prohibits newspapers and other media from even saying the injunction exists. In the old model of centralized, one-to-many mass media, the hiding of inconvenient truths was easily achieved. No longer.

This alarms politicians such as Sarkozy. In his opening address at the E-G8, he told his audience of digital luminaries from around the world that, "The universe you represent is not a parallel universe. Nobody should forget that governments are the only legitimate representatives of the will of the people in our democracies. To forget this is to risk democratic chaos and anarchy."

Sarkozy sounds like a music recording industry executive arguing that MP3s and file-sharing have already created chaos and anarchy in the music world. The music industry has responded to the democratization of music distribution with intransigence and lawsuits. They sought a legal solution to a business model disruption and are now paying the price. For his part, Sarkozy has enshrined in French law that anyone caught downloading copyright-protected music from the Internet without permission more than three times should have their Internet access cut off. I'm not the only one to view this approach as truly asinine. Last week the U.N.'s independent expert on freedom of speech, Frank La Rue, said that politicians promoting this response don't understand that access to the Internet has become a basic human right.

Given his views on the Internet and music, it is not surprising that most Internet-industry delegates at the E-G8 shivered when Sarkozy said that, "We need to hear your aspirations, your needs," but that "You need to hear our limits, our red lines."

During one of the E-G8 panel discussions, Google executive chairman Eric Schmidt responded to Sarkozy's attitude by saying, "You want to tread lightly on regulating brand new, innovative industries... Clearly you need some level of regulation for the evil stuff. But I would be careful about overregulating the Internet."

"I cannot imagine any delegate in this conference [who] would want Internet growth to be significantly slowed by a government that slows it down because of some stupid rule that they put in place," he said.

Schmidt has the proper perspective. The appropriate debate is not between Sarkozy's oppressive approach as opposed to no regulation whatsoever. Obviously the rule of rule should prevail in cyberspace just as it does in the bricks-and-mortar world.

But the Internet is changing every institution in society. It enables new approaches to innovation, requiring new thinking about patents and copyright. It renders old institutions naked, requiring more transparency on the part of governments and corporations. It disrupts old models of learning and pedagogy demanding a change a relationship between students and teachers in the learning process. It offers new models of democracy based on a culture of public discourse, in turn compelling old style politicians to engage their citizens. It turns intellectual property into bits, that don't know the old rules that governed atoms of how to behave. It drops the transaction costs of dissent, subjecting dictators and tyrants to the power of mass participation. It breaks down national boundaries and requiring a rethinking of how peoples everywhere can cooperate to solve global problems. And for the first time in history children are an authority on the most important innovation changing every institution in society.

Predictably, old style political leaders comfortable with the industrial age are dazed and confused, and many feel threatened. A new communications medium is causing disruption, dislocation and uncertainty. And leaders of old paradigms with vested interests fear what they do not understand, and react with coolness or even hostility. Rather than innovating and opening up they often hunker down, trying to strengthen old outdated rules and approaches.

Let's hope the representatives from Tunisia and Egypt talk sense into Sarkozy and the other leaders when they meet today. Yes, the Internet should be on the G8 agenda, but not from the perspective that this technology poses some menace to the world's democracies. Rather, G8 leaders should discuss how to champion and promote the growth of the Internet within their own countries and around the world.

Rather than discussing the constraints that should be put on Internet users in democratic countries, they should focus their energies on how to unconstrain users in non-democracies such as China.

 

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HansB
The only good certainty is a dead certainty
06:28 PM on 05/31/2011
Sarkozy's comments should be placed within the context of his domestic legislation. Importantly, his government's so-called Loppsi 2 law - which has been suspended by the Conseil d'Etat because of obvious constitutional problems - states (among other extremely authoritarian measures) that the government can shut down internet providers on its own initiative and without the courts having any say in the matter either before or after the shut-down. The stated reason was to take down child-porn sites quickly. The only problem with that defense was that child protection organizations never asked for non-judicial action, in fact protested against it since there is no valid reason to deny judicial review.

Sarkozy's stance against a free internet, as well as his positions in other domains, is all about increasing the power of the executive and removing checks and balances.
HUFFPOST SUPER USER
Wisdo
semantics shamantics
06:11 AM on 05/31/2011
"Nobody should forget that governments are the only legitimate representatives of the will of the people in our democracies. "

Revealing comment from frog-one (not being racist, just Sarkozy reminds me of the villain in the French connection), The people themselves, of course are not "legitimate" when they express their will, it must be done through the medium of government millionairedom.

When will he be dismantling the news channels and newspapers, one wonders?

I look forward to Seeing Mister Sarkozy
HUFFPOST SUPER USER
forestlady
05:02 PM on 06/03/2011
Exactly, I totally agree. What could be more democratic than people expressing their opinions to each other? Or being as informed as possible?
It was one of our founders who said that true democracy is impossible without an informed public.
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HUFFPOST SUPER USER
acudoc
06:56 PM on 06/04/2011
All hail the State. Only the State knows what is good for us.

All hail the Bankers. They push the levers that fund the State.

All hail the Politicians. Their laws legitimize the Bankers..

Where do the people fit in in this scheme of things?

Tick, tick, tick, ...........

Time's up: We are the SERFS!!!!
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HUFFPOST SUPER USER
PerotVentuSheehCarte
gravel kucinich paul nader
12:16 AM on 05/31/2011
corrupt Sarkozy will soon fall
03:42 PM on 05/30/2011
This only shows the small-minded nature of politics and the odd detachment of democratic institutions. Why censor the use of a medium that is actually one that can be used by the very power-brokers who decry it? Oh, wait...do they know how to turn one of those computer thingies on?
05:27 AM on 05/30/2011
They wouldn’t know the meaning of inalienable rights if it came to them and threw up in their faces. Free speech my flat hairy ass. No longer are democracy and freedom synonymous. The capitalist­s and the communists have both shown themselves to be extremists in prosecutio­n of their ideologies. WE NEED TO FIGHT THEIR STUPIDITY AND THAT’S THAT. They want to stop and arrest all freedom fighting activists they are all corrupt and we must fight them. The people who run each and every country are corrupt and disgusting. WE WILL ALL PARISH IN THEIR DISGUST WHILE SO MANY DO NOT SPEAK UP AND FIGHT. They don't support who they don't care about, and they preach that the people who are free thinking and free caring, special, social
This user has chosen to opt out of the Badges program
12:34 AM on 05/30/2011
My friends, I am surely disappointed that men and women, of a certain age, have not advanced their thinking enough to understand that the western 'democracies' have just as much interest in censoring speech as the authoritarian regimes.

Even after the WikiLeaks saga you would still cling to the notion of "free speech". Now, since Guantanamo and the Patriot Act, can anyone truly define what are "inalienable rights"...because the US Supreme Court can't. The innocent and the guilty may be denied justice at the 'discretion' of the state.

Many things will have to be redefined in the coming years; no longer are democracy and freedom synonymous. The capitalists and the communists have both shown themselves to be extremists in prosecution of their ideologies.

The internet has expanded freedom, and enhanced it in such a way as to connect people and lighting the spark of freedom throughout the world...so is there any wonder that the instrument should be percieved suspiciously by both sides.

Oh...and grow up!
Bernique
Solar is clean, cheap and plentiful
09:01 PM on 05/30/2011
Cata -- that is so true.
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HUFFPOST SUPER USER
jabailo
(Participant) Texeme.Construct()
04:10 PM on 05/29/2011
The current social media and the government bureacracy are in competition so it stands to reason that a President would want to assert his control over it.

Right now in HuffPo we have discussions in threads that are on the order (or maybe better than) the discussions going on in budget talks in Congress and in the administration.

While Government speaks of "integration" of social media, the ultimate integration is further and more detailed control over the processes by individuals participating in electronic fora.
Bernique
Solar is clean, cheap and plentiful
09:02 PM on 05/30/2011
sadly so, jabailo.
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HUFFPOST COMMUNITY MODERATOR
MelRoy
I think, therefore...here I am
10:01 AM on 05/29/2011
The entitlement generation - who think that everything in life should be free - use the same, stale excuses as shoplifters..."It hardly cost them anything to produce". "They're rich, they won't miss the income" Pirates are nothing but common, lowlife thieves. My message to intentional illegal downloaders is: The next time you are burgled or robbed, ripped off through identity theft or a con/scam, don't come crying to me.

I propose criminal penalties. Obviously, they can't lock all these people up, but they can give them a criminal record which would show up whenever they apply for a job or credit. That would provide, IMO, a strong incentive to stop.

http://www.software4students.co.uk/Can_You_Protest_Against_Job_Cuts_While_Downloading_Illegally-blog.aspx
http://www.independent.co.uk/opinion/commentators/rhiannon-harries-the-next-generation-will-end-up-paying-for-our-freebie-culture-1771502.html
http://www.bbc.co.uk/blogs/technology/2008/07/no_defence_for_stealing_music.html
"UPDATE: A few people have questioned my use of the word stealing. Arguing that it is copyright infringement and not stealing. There may be a point here but to my mind this is semantics. It's a bit like breaking into a car, driving it around and then abandoning it. I believe it's called Taking Without Consent in legal parlance. Stealing to everybody else."
http://www.rockaaa.com/news/8-million-illegal-downloaders-in-uk-1571
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HUFFPOST COMMUNITY MODERATOR
MelRoy
I think, therefore...here I am
08:40 AM on 05/29/2011
I'm going to defend Sarkozy on this. He's not the only politician who has given voice to the concept - published in several Western government white papers and codified in law. There are already criminal penalties for some forms of piracy such as counterfei­ting and "commercia­l scale infringeme­nt", in many national and US state laws. http://www­.internati­onallawoff­ice.com/Ne­wsletters/­detail.asp­x?g=f563f8­68-4387-47­b9-b524-62­664137d2be
http://www­.brandinte­lligence.c­om/live/ar­ticles/man­_convicted­_in_online­_copyright­_infringem­ent_cas.as­p

Providers like Google and telecoms companies want there to be zero penalties for copyright infringeme­nt, because their business models rely on the benefits (traffic, subscriber­s, advertisin­g). There have been hundreds of civil cases against ISPs - some successful - in the US and elsewhere. Even when successful­ly prosecuted­, operators use national shield laws (i.e. PirateBay) and "freedom of speech" as a defence, and they have the resources to drag cases out in the courts. They have done their risk/benef­it analyses and they make more money from turning a blind eye to rampant copyright infringeme­nt than they pay out in settlement­s and legal fees.

The crux of the problem is that internet and telecoms providers do nothing to enforce their own terms of service when it comes to the distributi­on of copyrighte­d content. If they were genuinely self-polic­ing, then IP owners and the countries to whom they contribute to in the form of jobs, tax revenues and culture, would not need to resort to desparate measures.
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Jack Daniels Esq
Hold the ice
01:49 PM on 05/29/2011
Ya left out one word - monopolies, or cartels
HUFFPOST SUPER USER
Wisdo
semantics shamantics
06:26 AM on 05/31/2011
The problem is not companies like google, but outdated and overweaning legislation on IP and copyright much is which is ludicrously unbalanced.

For instance - take a photo of the Eifel tower at night and put it up on your blog - chances are you will get a take-down notice or request for money from agents of the tower itself as the nighttime lighting setup is COPYRIGHTED.

Likewise with so much of public life - which woud be impossible if copyright trolls had their way. Imagine if Sir Issac Newton had copyrighted his laws of motion, or if Einsteins relatives insisted on collecting from every GPS owner for the mathematics of general relativity which keep their devices accurate?

Whats needed is a clear, fair and reasonable approach to IP that takes into account the public good. People dont generate IP in a vacuum, it is almost always iteration on previous ideas and concepts.
08:12 AM on 05/29/2011
"The universe you represent is not a parallel universe. Nobody should forget that governments are the only legitimate representatives of the will of the people in our democracies. To forget this is to risk democratic chaos and anarchy."

What an ironic statement. If governments are the will of the people, why do governments always want to take freedom and power away from its people? When Obama renewed the Patriot Act, he was taking freedoms given to the people of the United States by our constitution, which puts him in the same league as W
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Jack Daniels Esq
Hold the ice
05:43 AM on 05/29/2011
Frogs doing what the French do best - Ribbit
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HUFFPOST SUPER USER
Holly Smoke
Humor is the best defense for absurdity.
11:56 PM on 05/28/2011
L@@K, they can only government what is governable. Besides, this was just a photo opt meeting where the good boys gather together to impress themselves.
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HUFFPOST COMMUNITY MODERATOR
MelRoy
I think, therefore...here I am
10:21 PM on 05/28/2011
Question:

People like you think everybody should be able to download whatever they want to watch and listen to for free, so who is going to invest in making music or movies? You?

Go on, then, invest a few million of your own money in some advances to songwriters and musicians, invest a few million more in hiring engineers and producers and studio time, in mixing and masterig, then digitalize it, catalogue it, put it on the web and watch while a billion people download it without paying you a penny. Oh, wait - you expect the songwriters and musicians and producers and engineers and studios and everybody else who put their blood, sweat, tears, talent and time into this to do it for FREE?

So then, when nobody who makes the music or the audiovisual content that people actually want to listen to or watch, what are YOU going to listen to or watch? Chinese music and Russian television?

Get real...
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HUFFPOST SUPER USER
Sean Richardson
11:10 PM on 05/28/2011
"People like you think (insert idea that nobody has said or supported)"

"(exaggerated figures regarding the cost of recording music, followed my exaggerated statistics regarding the potential audience of pirates)"

Let's pretend that a billion people worldwide are downloading anything -- statistically speaking, the only way that would happen is if the thing were so over-marketed that roughly one trillion people had already paid to see it. That's where your argument falls apart; piracy has been repeatedly proven to have little to no impact on the bottom line.

Beyond that, though, piracy is a smokescreen here. Even if piracy were as valid a concern as you pretend it is, it doesn't make it a good idea for any federal government to have unilateral power to block access to web domains.
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HUFFPOST COMMUNITY MODERATOR
MelRoy
I think, therefore...here I am
07:39 AM on 05/29/2011
Major record labels, in particular­, may have screwed the pooch when it came to their initial approach to making content available on the internet then dealing with piracy, but they - and independen­t record companies - and music publishers - have made considerab­le investment­s in discoverin­g, nurturing, recording and promoting talent and songs. Most independen­t record companies have folded, and all of the majors have made huge cuts to keep from folding. The industry has lost billions upon billions due to internet piracy. They're no longer suing individual­s in the United States - bad idea, bad PR - but they are sending out hundreds of thousands of DMCA take-down notices a day, and 95% of the companies which run the sites where people are uploading and downloadin­g stolen content have a Hong Kong address. When President Sarkozy spoke about the need to toughen up the law, he was speaking directly to the Chinese authoritie­s who do nothing whatsoever to curtail these activities­. France has invested heavily in its creative industry, and, like the UK, the industry employs a significant number of people and represents a large-ish share of national GDP.
08:59 PM on 05/28/2011
Sarkozy's problem is that, like other political leaders, he doesn't like a medium over which the government does not have final authority. With the Internet's arrival, lofty concepts such as freedom of speech and freedom of thought are actually gaining traction. Prior to this, freedom of speech was meaningful only to those who powerful people who could use the printing presses and broadcast media. This part says it all ----the internet is really scary to Sarkozy and his lot, they do not want Democracy and freedom of speech --in fact that is exactly what scares them all --imagine word out on the internet that isn't carefully scripted to give the people they administer the correct mind modeling they wish to do....and it scares Obama, of course, when you have just five corporations controlling 98% of the media it is easy to powerfully influence people with dis-information and cover up stories that suit the agenda of the ruling elite......these people will do everything in their power to seize control of this remarkable freedom of speech people are enjoying through unrestricted internet access ----the truth is the ruling elites would prefer to have China's control over the internet....
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fairwayhill
1948 Palestine belongs to the Palestinians
08:39 PM on 05/28/2011
The problem is that Sarkozy doesn't believe in freedom of speech. And that's what the French voted for.