Thiru Balasubramanian, Geneva Representative for Knowledge Ecology International presents a proposal (from a forthcoming paper by James Love and Manon Ress) for a WTO treaty on knowledge (so far all WTO agreements extend to private goods only). Since information is a public good (nonrival and nonexcludable), we will have a “market failure” if single countries act alone: hence the undersupply of global public goods. The WTO creates binding agreements and thus such an agreement for public goods such as knowledge creates large collective benefits and high costs to acting against them. Such a WTO agreement would outline and influence norms. Why do this within the WTO? There are strong enforcement mechanisms here. Are we really undersupplying open and free knowledge? I can think of several scientific examples. Balasubramaniam doesn’t dig in to what such an agreement would look like and seems quite complex. Thinking about this might provide a coherent framework for approaching free information issues globally.
Archive for the 'Intellectual Property' Category
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Building on the opening remarks, the second panel addresses Human right and Access to Knowledge. Caroline Dommen, director of 3D, an advocacy group promoting human rights consideration in trade agreements, emphasizes the need for metrics: how can we tell how open countries are? She suggests borrowing from the experience with human rights measurement. For example measuring the availability of a right, nondiscrimination in access, economic access (is it affordable?), acceptability or quality or the available good. She also suggests using the 4A human rights approach of 1) respect 2) protect and 3) fulfill the rights. There are corollary obligations: 1) non-discrimination 2) adequate process (including redress of violated rights) 3) participation 4) effective remedy.
Marisella Ouma, Kenyan team researcher for the African Copyright and Access to Knowledge Project, says that most African countries have had copyright laws since independence (starting with Ghana in 1957). She is concerned about the educational aspect of access to knowledge and related results of the educational materials access index: the highest ranking is Egypt and the lowest is Mozambique. So, why? What are the issues? Ouma notes that these countries have the laws but not strong policies: she asserts they need a copyright policy that acknowledges the basic fundamental right to education so there isn’t a conflict between property rights and the right to access educational information. She is concerned that people don’t understand copyright law and this makes advocacy of their rights difficult. She is also concerned that policy is not comprehensive enough: For example in Kenya or Uganda, the education policy is limited to basic education. She also describes the sad situation of there being billions of dollars available to build libraries but no money to stock them with information. Something is really wrong here. She notes that wireless internet is important for this, and how many people really have access? So how do they access the knowledge? she asks.
In the first panel at A2K3 on the history, impact, and future of the global A2K movement, Tim Hubbard, a genetics researcher, laments that scientists tend to carry out their work in a closed way and thus very little data is released. In fact he claims that biologists used to deliberately mess up images so that they could not be reproduced! But apparently journals are more demanding now and this problem has largely been corrected (for example Nature’s 2006 standards on image fraud). He says that openness in science needs to happen before publication, the traditional time when scientists release their work. But this is a tough problem. Data must be released in such a way that others can understand and use it. This parallels the argument made in the opening remarks about the value of net neutrality as preserving an innovation platform: in order for data to be used it must be open in the sense that it permits further innovation. He says we now have Open Genome Data but privacy issues are pertinent: even summaries of the data can be backsolved to identify individuals. He asks for better encryption algorithms to protect privacy. In the meantime he proposes two other solutions. We could just stop worrying about the privacy of our genetic data, just like we don’t hide our race or gender. Failing that, he wants to mine the UK’s National Health Service’s patient records through an “honest broker” which is an intermediary that runs programs and scripts on the data that researchers submit. The data are hidden from the researcher and only accessed through the intermediary. Another problem this solves is the enormity of the released data that can prevent interested people from moving the data or analyzing it. This has broad implications as Hubbard points out – the government could access their CCTV video recordings to find drivers who’ve let their insurance lapse, but not track other possibly privacy violating aspects of drivers’ visible presence on the road. Hubbard is touching on what might be the most important part of the Access to Knowledge movement – how to make the access meaningful without destroying incentives to be open.
I’m at my first Access to Knowledge conference in Geneva and I’ve never felt so important. Walking to the Centre International de Conférences in Geneva I passed the UN High Commission for Refugees and I’m sitting in an enormous tiered conference room with translation headphones and plush leather chairs. Maybe I’m easily impressed, but this is really my first exposure to influencing policy through any means other than academic idea generation and publication. A2K3 is held literally across the street from the World Intellectual Property Organization‘s headquarters and the focus is changing the global intellectual policy landscape.
So that means there are more lawyers and activists here than I am used to seeing at the usual academic conferences. The introductory remarks reflect this: Sisule Musungu lists the multitude of groups involved such as eiFL, EFF, OSI, for example. Google and Kaltura are the only corporate sponsors. Laura DeNardis, the executive director of Information Society Project at Yale (the group primarily responsible for A2K3) is giving opening remarks. Laura makes the point that technical standards contain deep political stances on knowledge sharing and dissemintation so the debate isn’t just about regulation any more. This means A2K is not just about laws and treaties, but also about the nature of the communciation technologies. Many of our discussions about net neutrality at Berkman note this fact, and in followup remarks Jack Balkin, the founding directory of the Yale ISP, makes this observation. He states that the A2K movement brings attention to much of International Trade Law that flies under most people’s radars, especially how it impacts the free flow of information, particularly on developing countries. A2K is at core about justice and human rights, since more and more wealth creation is coming from information tools in our information-driven world. This is clearly true: think of the success and power of Google – an information company. A2K is at least in part a reaction to the increasingly strong correlation between wealth and access to information. Balkin relates the FCC ruling preventing Comcast from discriminating between packets based on application or content, meaning that this movement is really about the decentralization of innovation: he states that without net neutrality innovation would be dominated by a small number of firms who would only allow innovations that benefit them directly. The A2K movement is about bringing more minds to solve our greatest problems, and this also engenders a debate about control, most deeply the control people can effect on their own lives: “will people be the master’s of themselves or will they be under the control of others?” The internet is a general purpose tool facilitating communication however people see fit, so the internet can be understood as a commons in that we can use it and build on it for our own self-determined purposes.