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3. Against intellectual property
5. Free speech versus bureaucracy
6. Defamation law and free speech
8. On the value of simple ideas
10. Toward information liberation
Power tends to corrupt, and information power is no exception. Information Liberation analyses the corruptions of power in a range of crucial current areas in the information society, including mass media, intellectual property, surveillance, bureaucracies, defamation and research.
Reform solutions seldom get to the root of information problems. Information Liberation examines radical alternatives that undermine the power of vested interests. Alternatives include replacing mass media with network media, abolishing intellectual property, and changing social institutions that create a demand for surveillance. The book canvasses various strategies for moving toward these alternatives, focussing on grassroots action.
Information Liberation is provocative. Most readers will find something to disagree with. That's all part of the process. Everyone needs to be involved in discussing information policies and practices, rather than leaving the issues to experts and vested interests.
Brian Martin lives in Wollongong, Australia. He trained and worked as an applied mathematician before switching to social science. He has been active for many years in the radical science, environmental and peace movements and is the author of numerous works in many fields.
Email: bmartin@uow.edu.au
Web: http://www.uow.edu.au/arts/sts/bmartin/
Chapter 1: I thank David Mercer for helpful discussions and Mary Cawte for obtaining reference material about Lord Acton.
Chapter 2 is adapted from "Beyond mass media," Metro Magazine, No. 101, 1995, pp. 17-23. For helpful comments on drafts, I thank Stan Aungles, Robert Burrowes, Mary Cawte, Edward Herman, Peter McGregor, Will Rifkin, Anna Salleh, Carl Watner and John Zube.
Chapter 3 is adapted from "Against intellectual property," Philosophy and Social Action, Vol. 21, No. 3, July-September 1995, pp. 7-22. For helpful discussion, comments and information, I thank Paul Carpenter, Mary Cawte, Peter Drahos, Don Eldridge, Steve Fuller, Keith Graham, Tony Lauck, Dave Ljung, Sandra Mercado, Brian Rappert, Jerry Ravetz, Vernon Richards, Neil Rickert, Dave Roberts, Wendy Varney, David Vaver, Ian Watson, John Zube and anonymous commentators.
Chapter 4 is adapted from "Antisurveillance," Anarchist Studies, Vol. 1, No. 2, 1993, pp. 111-129. For helpful discussion and comments on drafts, I thank Stan Aungles, Richard Badham, Sharon Beder, Jim Falk, Oscar Gandy, Jr., Richard Joseph, Dave Keenan, Gary Marx, Jim Rule, Pam Scott and an anonymous referee.
The section in chapter 5 on Bauman's treatment of the Holocaust is adapted from my column in Whistleblowers Australia's newsletter The Whistle, January 1997.
Chapter 6 is adapted from the leaflet "Defamation law and free speech," first published by Whistleblowers Australia in September 1996. For extensive advice and comment on drafts, I thank Richard Blake, Sharon Callaghan, Michael Curtis, Don Eldridge, Chris Fox, Judith Gibson, Mary Heath and Mick Skrijel.
The boxed points in chapter 7 are adapted from "What should be done about higher education?" Social Anarchism, No. 14, 1989, pp. 30-39. Blanca Facundo made useful comments on chapter 9.
For helpful comments on the entire manuscript, I thank Lyn Carson, Richard Gosden, Wendy Varney and Danny Yee.
"Power tends to corrupt, and absolute power corrupts absolutely." This familiar saying originated as a comment in a letter written by Lord Acton, an English historian who lived from 1834 to 1902. His full name was John Emerich Edward Dahlberg Acton. He was a fierce opponent of state power, whether the state was democratic, socialist or authoritarian.
Acton's aphorism has outlasted his other contributions because it captures an insight that rings true to many people. Power certainly seems to corrupt quite a few politicians. Early in their careers, many of them are eager to change the system. They want to help the poor and disadvantaged and to root out corruption and unjust privilege. Yet when they actually get into positions of power, it's a different story. The old slogans become memories. Instead, it becomes a higher priority to placate and reward powerful bureaucracies in both the government and corporate sectors. Most of all, it becomes a priority to increase the power and wealth of politicians themselves.
In the 1960s the so-called "new left" demanded power to the people. But how to achieve it? Some activists advocated the "long march through institutions" -- in other words, left-wingers should work through the system to get into positions of power, climbing the ladder in government bureaucracies, corporations, political parties, professions and universities. Then they would be able to bring about desirable social change. Unfortunately, this strategy doesn't work. The institutions change the activists long before the activists have a chance to change the institutions.
The idea that power tends to corrupt has an intuitive appeal, but is there anything more to it? A few social scientists have studied the corrupting effects of power.
Pioneering sociologist Robert Michels studied the tendency of political parties to become less democratic. Even in the most revolutionary parties, the leaders have gained greater power and become entrenched in their positions. The party organisation becomes an end in itself, more important than the party's original aim. Michels concluded that every organisation is affected by these tendencies.[1]
Pitirim Sorokin and Walter Lunden examined the behaviour of powerful leaders, such as kings of England. They found that those with the greatest power were far more likely to commit crimes, such as theft and murder, than ordinary citizens.[2] This is striking evidence that power tends to corrupt.
But why does power corrupt? For the answer, it is worth consulting the excellent work by David Kipnis, a psychology researcher at Temple University.
For a person to be autonomous is widely considered to be a good thing. It is a feature of being fully human. When a person exercises power over others, the powerholder gains the impression that the others do not control their own behaviour or, in other words, they are not autonomous. Hence, they are seen as less worthy. In short, a person who successfully exercises power over others is more likely to believe that these others are less deserving of respect. They thus become good prospects to be exploited.
Kipnis organised numerous experiments to explore such dynamics. In one experiment, a "boss" oversaw the work of "subordinates" in a simulated situation. The experiment was contrived so that all subordinates did exactly the same work. But the subordinate who was thought to be self-motivated was rated to have done better work than the subordinate who was thought to have done the work only under instruction. As well as laboratory studies, Kipnis examined the effects of power on the powerholder through studies of couples, managers and protagonists in Shakespeare's dramas. The results were always the same.
Kipnis followed through the implications of such evidence in a number of areas involving technology, including medical technology, workplace technology and the technology of repression. For example, technologies for surveillance or torture serve to control others: that is the obvious effect. But in addition, the psychology of the powerholder is changed when the technology promotes the reality or impression that others lack autonomy. Those subject to the technology are treated as less worthy, and any prospects for equality are undermined.
Kipnis also deals with tactics of influence, use of rewards, inhibition of the exercise of power, motivations for power and other corruptions of power. This work is extremely valuable for better understanding the psychological dynamics of power.[3]
If power tends to corrupt, what are the implications? One response is to try to impose controls on powerholders: codes of ethics, agreements, laws. For example, having nuclear weapons gives governments a lot of power. So international agreements are made to control these weapons, such as hot lines to communicate in a crisis, treaties on numbers of weapons and promises to not launch a first strike. But this doesn't get to the heart of the problem. As long as nuclear weapons exist, a great amount of power rests in the hands of those few individuals who control them. This is corrupting and the danger of nuclear war persists.
The alternative is to abolish nuclear weapons so that inequalities inherent in the power of nuclear weaponry do not exist. More generally, the corruptions of power can be minimised by equalising power and opposing social and technological systems that foster power inequalities. This works out the same as opposing systems of domination, inequality and exploitation. In this picture, a free society is a society with the least power differences. This does not mean a stable society of identical citizens. Instead, it could easily be a society seething with action and conflict, precisely because everyone has opportunities to exercise significant power. The point is that there would be no social structures or technologies -- such as bureaucracies and nuclear weapons -- that give some individuals a great deal of power over others.
The idea of a free society should be seen as a method, not an end point. The idea that "power tends to corrupt" is a guide to action. Policies, technologies and organisational arrangements can be judged to see whether they contribute to equality or inequality of power.
This can easily be applied to information. Information is a part of all systems of power. Top bureaucrats try to control information as part of their control over subordinates and clients. Corporations try to control information through trade secrets and patents. Militaries try to control information using the rationale of "national security." So-called freedom of information -- namely, public access to documents produced in bureaucracies -- is a threat to top bureaucrats.
In a society where not everyone can read and write, literacy is a form of power and campaigns for mass literacy are a threat to ruling elites. In a society where employees cannot speak freely due to fears about job security, bosses hold power and campaigns for workers' control are a threat to top managers. In a society where a few owners and editors control systems of mass communication, campaigns for multiple independent avenues for publication are a threat to elites.
This book applies Acton's insight about the corruptions of power to various areas dealing with information and communication. I don't cover every topic but try to illustrate some ways to proceed.
Information plays a role in nearly every field of human activity, from art to industry, and all of these are subject to the corruptions of power. Challenging information-related systems of power is one avenue for social change. But it's only one of many possible avenues. Bringing about a just society involves more than achieving a goal involving knowledge and communication, such as equal access to information. Also needed are changes in personal relations, economics, military systems and many other areas. Challenging the corruptions of information power is just one way to proceed -- but it is an important and fascinating one.
Information without knowledge isn't much use, and knowledge without wisdom isn't much use. More information isn't necessarily a good thing without the capacity to interpret, understand and use it. Nevertheless, the focus here is on power to control information, which has consequences for developing knowledge and wisdom.
[1]. Robert Michels, Political Parties: A Sociological Study of the Oligarchical Tendencies of Modern Democracies, translated by Eden & Cedar Paul (New York: Dover, 1959; Hearst's International Library, 1915).
[2]. Pitirim A. Sorokin and Walter A. Lunden, Power and Morality: Who Shall Guard the Guardians? (Boston: Porter Sargent, 1959). See also David R. Simon and D. Stanley Eitzen, Elite Deviance (Boston: Allyn & Bacon, 1982).
[3]. David Kipnis, The Powerholders (Chicago: University of Chicago Press, 1981, 2nd edition); David Kipnis, Technology and Power (New York: Springer-Verlag, 1990).
Complaints about the mass media are commonplace. To begin, there is the low quality of many of the programmes and articles. There is the regular portrayal of violence, given an attention out of proportion with its frequency in everyday life. More generally, most of the mass media give much more attention to crime, deaths, disasters, wars and strife than to harmonious communities, acts of kindness and win-win conflict resolution. The mass media frequently create unrealistic fears about criminals, foreign peoples and mass protest.
"News" often is more like entertainment than information or education. News reports, especially on television, are typically given without much overt context. The latest events are described, but there is no explanation of what led up to them or caused them. Consumers of the media consequently hear a lot of facts but frequently don't understand how they fit together. "Context" is the result of the assumptions behind the facts, and this context is all the more powerful because it is neither stated nor discussed.
Even the "facts" that are presented are often wrong or misleading. Powerful groups, especially governments and large corporations, shape the news in a range of ways, such as by providing selected information, offering access to stories in exchange for favourable coverage, spreading disinformation, and threatening reprisals.
Advertising is another powerful influence on commercial media. Advertisers influence what types of stories are presented. But more deeply, advertisements themselves shape people's views of the world. They are a pervasive source of unreality, fostering insecurity and consumerism.
There are indeed many problems with the mass media. But some media are much better than others, judged by the criteria of accuracy, quality and independence of special interests. Most media critics seem to believe that it is possible to promote and develop enlightened, responsive, truly educative mass media. Efforts at reform can be worthwhile, but have intrinsic limits.
The problem is not with media in general, but with mass media, namely those media that are produced by relatively few people compared to the number who receive them. Most large newspapers, television and radio stations fit this description. Mass media by their nature give power to a few and offer little scope for participation by the vast majority. The power of the mass media is corrupting. The only surprise is how responsible some mass media are. Given the corruptions of power, reform of the mass media, although useful, should not be the goal. Instead, the aim should be to replace mass media by communication systems that are more participatory.
Most analyses of the media assume that there are just two choices, either state control or a free market. The problem with control by the state is that control is centralised. The media of military regimes and bureaucratic socialist states are notorious for their censorship. The defenders of the "free market" argue that government-owned media, or tight regulations, are similarly noxious even in liberal democracies.
The problem with "free market" media is that they give only a very limited freedom, namely freedom for large media companies and other powerful corporate interests.[1] Everyone is "free" to own a publishing company or television station.
The limitations of the mass media in liberal democracies are not always easy to perceive unless one has access to alternative sources of information. Fortunately, there are some excellent books and magazines that expose the incredible biases, cover-ups and misleading perspectives in the mass media. The magazines Extra!, Free Press, Lies of our Times and Reportage give eye-opening accounts of the ways in which the English-language mass media give flattering perspectives of business and government, limit coverage of issues affecting women and minorities, cover up elite corruption, promote government policy agendas, and so forth. The book Unreliable Sources gives examples of the conservative, establishment and corporate bias of US mass media on issues such as politicians, foreign affairs, environment, racism, terrorism and human rights.[2] Intriguingly, conservatives also believe that the media are biased, but against them.[3]
The analysis that underlies these exposés is simple and effective: corporations and governments have a large influence on the mass media, and the mass media are big businesses themselves. These factors appear to explain most of the problems. The power of the western mass media is especially damaging to the interests of Third World peoples, being an integral part of contemporary cultural imperialism.[4]
Yes, the media are biased. What can be done about it? Jeff Cohen, of Fairness and Accuracy in Reporting (FAIR), has a strategy. He says
This is a good grassroots approach. But the goal is "fairness and accuracy," namely the balancing of news. There seems to be no larger programme to replace undemocratic media structures.
A sophisticated treatment of these issues is given by John Keane in his book The Media and Democracy.[6] He provides an elegant critique of "market liberalism," the approach by which governments reduce their intervention in communication markets. He notes that unregulated communication markets actually restrict communication freedom by creating monopolies, setting up barriers to entry and turning knowledge into a commodity. He also points out several trends in liberal democracies that seem to be of no concern to supporters of a free market in communication: the use of government emergency powers, secret operations by the military and police, lying by politicians, advertising by governments, and increasing collaboration between elites in government, business and trade unions. The increasingly global reach of communication corporations is also a significant problem.
The traditional alternative to commercial media is "public service media," namely government-financed media (such as the ABC in Australia, BBC in Britain and CBC in Canada) combined with government regulation of commercial media. Keane favours revived public service media, with guaranteed autonomy of government-funded media, government regulation of commercial media, and support for non-state, non-market media, a category that includes small presses and magazines, community radio stations and open-access television stations.
Keane's model sounds very good in theory. He gives an imposing list of things that should be done, but he doesn't say who is going to make it happen -- the government, presumably. More deeply, Keane doesn't say how the state itself will be controlled. He wants a new constitutional settlement with enlightened and progressive government media, suitable government controls on commercial media, and promotion of the "non-state, non-market media." But why should "the state" do all this? Why won't it keep doing what it is already doing, as he describes so well?
In principle, the mass media could be quite democratic, if only they were run differently. Editorial independence could be guaranteed, minimising the influence of government, owners or other special interest groups. A range of viewpoints could be presented. The power of advertisers could be reduced or eliminated. Opportunities for citizen input into content could be opened up. These are worthy goals. But there are inherent limits to making mass media truly democratic.
Consider, for example, an alternative newspaper with a substantial circulation and reputation. The editors may be highly responsive to readers, but even so some editorial decisions must be made. Choices must be made about what stories to run, which advertisements to accept (if any), which events to publicise, which submissions to accept, what policies to make about language, and so forth. There are innumerable "policy" decisions to be made. Even spelling can be controversial. Should the paper be open to the debate about spelling reform? What about letters to the editor? Should everything be published, or should some selection be made on the basis of topic or quality?
If there are only a few active contributors, then everyone can be involved who wants to be, and all submissions published. But this is extremely unlikely when the circulation becomes large and the publication is seen to be important. Then lots of people see an opportunity to raise their own favourite issues.
These problems are far from hypothetical. They are quite apparent to anyone dealing with alternative magazines with circulations in the tens of thousands, or even just thousands. Not everyone who wants to can have an article published in Mother Jones, New Statesman and Society or The Progressive. Such magazines are "high quality" because they are able to select from many potential offerings. But being able to select also means that the editors have a great deal of power. Being able to define and select "quality" also means being able to make decisions about content.
Of course, from the point of view of the owners and editors of such magazines, they are hard pressed just to survive. Make some wrong decisions and readership may drop off or financial benefactors may be less generous. (Most "alternative" magazines depend heavily on contributions to supplement subscription fees.) Practising "democracy" within such a magazine, if this means publishing letters from all and sundry or letting readers vote on policy matters, would be a prescription for financial disaster.
These comments are a bit unfair to the alternative media. By definition, even the largest of them is still a small player in the media game. Furthermore, a diversity of perspectives is available through the different alternative media. There are more small magazines available than anyone can read. My point is not to criticise the alternative media, but to point out that participatory democracy is virtually impossible in a medium where a small number of owners and editors produce a product for a much larger audience.
The futility of seeking media democracy becomes even more apparent when the scale is increased: audiences of hundreds of thousands or millions. This is the domain of major newspapers, television stations and wire services. It requires only a little analysis to find that the larger the audience, the more powerful are the key decision-makers in the media organisations and the less effective are any mechanisms for participation. The very scale of the media limits opportunities for participation and increases the power of key figures. The way in which this power is used depends on the relation of the media to the most powerful groups in society. In liberal democracies, governments and corporations, and media corporations in particular, exercise the greatest power over the media. The large scale of the mass media is what makes it possible for this power to be exercised so effectively.
Before dismissing mass media, it is worth seeing whether there are other justifications for them. Perhaps there are some overlooked arguments for maintaining mass media even in a fully participatory society. It is worth canvassing a few of them.
The mass media, especially radio and television, can come in handy in emergencies: messages can be broadcast, reaching a large fraction of the population.
But the mass media are not really necessary for emergency purposes. Fire alarms, for example, do not rely on conventional media. Furthermore, network media, including telephone and computer networks, can be set up to allow emergency communications.
Actually, the mass media are a great vulnerability in certain emergencies: military coups. Because they allow a few people to communicate to a large population with little possibility of dialogue, television and radio stations are commonly the first targets in military takeovers. Censorship of newspapers is a next step. This connection between coups and mass media also highlights the role of mass media in authoritarian regimes.
Military strength is no defence against a military coup, and indeed may be the cause of one. To resist a coup, network communications are far superior to mass media.[7] So, from the point of view of preparing for emergencies, mass media are bad investments.
The mass media allow many people to enjoy and learn from the efforts of some highly talented performers and personalities, including actors, musicians, athletes, journalists and commentators. True. But even without mass media, it is possible for people to enjoy and learn from these talented individuals, for example through audio and video recordings.
Furthermore, the mass media limit access to all but a few performers and contributors. Those who are left out have a much better chance of reaching a sympathetic audience via network media.
The mass media are undoubtedly powerful. In the right hands, they can be a powerful force for good purposes. Therefore, it might be argued, the aim should be to promote a mass media that is overseen by responsible, accountable people.
This sounds like a good argument. What it overlooks is how easily power corrupts. Whoever has power in the mass media is susceptible to the corruptions of power, including power sought for its own sake and for self-enrichment.
The mass media command enormous resources, both financial and symbolic. This makes it possible for them to pursue large or expensive projects such as large-budget films, special investigative teams and in-depth coverage of key events.
Actually, large-scale projects are also possible with network systems. They simply require cooperation and collaboration. For example, some public domain software (free computer programs) is quite sophisticated and has been produced with the help of many people. In centralised systems, far-reaching decisions can be made by just a few people. In decentralised systems, greater participation is required.
In order to better understand the mass media's inherent lack of democracy, it is useful to imagine a communication system that allows and fosters participation by everyone. David Andrews did this with his concept of "information routeing groups" or IRGs.[8] His discussion predated the vast expansion of computer networks and is worth outlining in its original form. He imagined a computer network in which everyone is linked to several interest groups, with each group having anywhere from perhaps half a dozen up to several hundred people. An interest group might deal with anything from growing apples to racism. Each time a person makes a contribution on a topic, whether a short comment, a picture or a substantial piece of writing, they send it to everyone in the group. A person receiving a message could, if they wished, post it to other groups to which they belonged. Andrews called each of the groups an IRG.
In a network of IRGs, everyone can be a writer and publisher at the same time. But there are no guaranteed mass audiences. If a contribution is really important or exciting to those who receive it, they are more likely to post it to other groups. In this way, a piece of writing could end up being read by thousands or even millions of people. But note that this requires numerous individual decisions about circulating it to further groups. In the case of the mass media, a single editor can make the decision to run or stop an item. In the case of IRGs, lots of people are involved. By deciding whether or not to forward an item to another group, each person acts somewhat like an editor.
A system of IRGs can be self-limiting. If a group has too many active members, then each one might be bombarded with hundreds of messages every day. Some might opt out, as long as there was someone who would select pertinent messages for them. This person then acts as a type of editor. But note that this "editor" has little of the formal power of editors in the mass media. In an IRG system, anyone can set themselves up as an editor of this sort. Members of this editor's IRG can easily look at the larger body of contributions, should they so wish. One of the main reasons why the IRG editor has relatively little formal power is that there is no substantial investment in terms of subscriptions, advertisers, printing equipment or salaries. Participating in an IRG is something that can easily be done in a few hours per week. Investments are lower and positions are less entrenched. An IRG editor will maintain an audience only as long as the editing is perceived to be effective. Similarly, quitting is relatively painless.
To anyone familiar with computer networks, especially the Internet, it may seem that to talk about IRGs is simply an awkward way of describing what is actually taking place on existing networks. Indeed, Andrews' account of IRGs can be interpreted as a description of what later took place on the Internet. While parts of the Internet operate like IRGs, it is unwise to assume that cyberspace is or will remain a model participatory medium. There are ongoing pressures, inequalities and struggles involving access, cost, commercial uses, censorship and surveillance.
IRGs do not have to be based on computers. They can operate -- though more slowly -- using the postal system. Again, this already happens with a number of discussions that operate by post, where each member adds a page or so of comment on the current topic and sends it to the group coordinator, who then makes copies of all contributions for all members. For those who have the technology and know how to use it, computer networks make this process far easier and faster.
Another medium that is inherently participatory is the telephone. Phones are very easy to use -- only speaking, not writing, is required -- and are widely available. Certainly it is possible for a person to dominate a telephone conversation, but only one person is at the other end of the line, or occasionally more in the case of a conference call. In the mass media, one person speaks and thousands or millions hear.
Ivan Illich proposed the concept of "convivial tools."[9] This includes technologies that foster creative and autonomous interactions between people. Convivial technologies in the case of the media are the ones that foster participation. The postal system, the telephone system, computer networks and short-wave radio are examples of convivial media.
The implication of this analysis is straightforward. To promote a more participatory society, it is important to promote participatory media and to challenge, replace and eventually abandon mass media. Jerry Mander, in his case against television, gave as one of his four main arguments corporate domination of television used to mould humans for a commercial environment.[10] But all mass media involve centralised power. Mander's argument should be extended: all mass media should be abandoned.
Saying "mass media should be superseded" is easy. Working out practical implications is the hard part. In my view, although a world without mass media may be a long-term goal, the mass media will be around for quite some time. Therefore, it is necessary to have a strategy to challenge them, from inside and outside, as well as to promote alternatives.
There are already plenty of challenges to the mass media, of course. But these challenges are not to the existence of the mass media, but only to the way they are run. In a way, media criticism is a form of loyal opposition.
Wait -- before looking at strategies, what if the mass media are being whittled away anyway? Are cable television and the Internet making mass media obsolete by providing more communication channels and creating niche markets? Will newspapers be replaced by net-based news services that can be individually tailored? Is the mass audience a relic of the modernist age, while fragmentation of audiences and perspectives is characteristic of the new postmodern era?
It would be unwise to trust in "natural" processes to cause the demise of mass media. There is nothing automatic about technological and social change. Powerful groups are doing everything they can to control markets and opinions in the changing information order. Another scenario is that mass media will continue to have a major influence and that governments and corporations will extend their influence into the more fragmented channels. After all, television, video cameras and cassettes did not lead to the collapse of Hollywood and large-scale movie-making. If the mass media are ever replaced, it will be due to lots of people taking action to help it happen. Hence the need for strategies, both individual and collective.
Here I outline a number of possible strategies, focussing on what can be done by individuals and small groups to challenge mass media and replace them by participatory network media. It would be easy to make some sweeping recommendations about what should be done, especially by governments. But to be compatible with the goal of a participatory communication system, the methods should be participatory too. The following ideas are meant to encourage discussion.
Many people are such regular and insistent consumers of the mass media -- television, radio and newspapers -- that it's possible to speak of an addiction. This also includes many of those who are strongly critical of the mass media. Cutting down on consumption can be part of a process of imagining and fostering a participatory communications system.
Some people may object to this recommendation. Surely, they will say, it's quite possible to be an avid mass media consumer -- or to work for the media -- while still maintaining a critical perspective and also using and promoting alternative media. True enough. Analogously, a factory worker can certainly remain critical of capitalism and promote alternatives.
My view is not that cutting back mass media consumption is necessary, but that it can be a useful way to change people's consciousness. It is similar to animal liberationists reducing their consumption of animal products and environmentalists riding bicycles and composting their organic wastes. Such individual acts cannot by themselves transform the underlying structures of factory farming, industrial society or centralised media: collective action for structural change is needed. Nevertheless, changes in individual behaviour serve several important purposes: they change the perspectives of individuals, they reinforce concern about the issue and they provide an example (of consistency) for others.
Changing media habits can be incredibly difficult. Watching the news on television is, for many people, a ritual. For others, reading the daily paper is an essential part of each day. Although Jerry Mander's book Four Arguments for the Elimination of Television has become a classic in alternative circles, no social movement has developed to abolish TV. There are only some small groups, such as the Society for the Elimination of Television, producing a few newsletters.
One reason may be that -- according to one argument -- watching television changes one's brain waves, reducing the number of fast waves characteristic of thinking and increasing the number of slow waves characteristic of relaxed states. This explains why watching television seems so relaxing: it allows the brain to switch off. It also explains why television is so effective at communicating commercial messages. Images go into the brain without processing; the images cannot be recalled, but they can be recognised, for example in a supermarket.[11]
Another reason why switching off the television is so difficult is that it becomes part of the household. It seems voluntary, and it is to some extent. Action must begin at home.[12] It is easier to oppose "alien" technologies such as nuclear power, which are not part of people's everyday lives. Challenging technologies that are personal possessions, used routinely -- such as television and cars -- is far more difficult.
Except for some people who must monitor the media as part of their work, mass media consumption is, from a time management view, quite inefficient. Think back on all the television you watched during the past ten years. How much of it was genuinely necessary to be fully informed, or was even genuinely informative? A similar calculation can be made for reading newspapers.
But what if the aim is not efficiency but simply enjoying life and occasionally learning something along the way? This brings the discussion back to lack of participation. Most people have been turned into passive consumers of the media. This will not change until some people take the initiative to break the pattern.
If it is essential to consume products of the mass media, a useful antidote is to learn how these media products are created. It is illuminating to spend time with a television film crew or in a newspaper office. It quickly becomes apparent that of the many possible things that could be treated by the media, and of the many possible ways that this could be done, only certain ones actually are chosen. It is also useful to gain some experience on the receiving end of media construction of reality, by joining a rally or media conference and seeing how it is reported, or by being interviewed oneself.
Another way to gain insight into media construction of reality is to undertake a detailed study of some topic, whether it is child rearing, banking, crime or East African politics. This could involve reading books and in-depth articles, investigating alternative viewpoints and consulting with experts and concerned groups. With a good grounding in a range of perspectives and an ability to think confidently about the topic, it is then possible to make an informed assessment of mass media treatments, including biases and omissions.
It is important to be aware of how the media constructs reality, but that alone does not change the dynamics of the media. Therefore it is valuable to communicate what one learns about media constructions to others.
In a group of two or more people, it can be easier to make some of the individual changes. Individuals can be assigned the task of monitoring particular media and reporting on issues that are important to the group. Others can do the same with alternative media. In this way, individuals don't need to worry so much that they have missed some important item. More important, though, is the process of interaction in the group: discussing the issues. This is what is missing in the individual consumption of the mass media.
Of course, quite a bit of discussion occurs already among friends and colleagues. By working in a more directed fashion in a group, a greater commitment to participation and participatory media can be fostered. Teachers can contribute to this process by giving guidance on how to analyse the mass media and how to use and develop alternatives.
This is the usual approach: writing letters to the editor, putting out press releases, being interviewed, inviting media to meetings, holding rallies to attract media coverage, etc. Numerous action groups, from feminists to farmers, promote their cause this way.
Such efforts can shift the emphasis in media coverage, for example from coverage of politicians and business to some attention to social issues and movements. But this does little or nothing to challenge the fundamental lack of participation in the mass media. Furthermore, it can distort social movement agendas. Seeking media attention can be a way of building grassroots support but it can also take priority over building support. Some movement leaders are turned into stars by the media, causing internal stresses and resentments.[13] All in all, this approach, as a means of promoting participatory media, has little to recommend it. Social movements need a strategy on communication, including how to deal with both establishment and alternative media.[14]
Of course, promoting participatory media is not the only goal of social movements. In a great number of cases, using the existing mass media is a sensible and quite justifiable approach. Furthermore, campaigns such as those by Fairness and Accuracy in Reporting to challenge biases in the media are extremely important. But it is important to be aware of the limitations of such campaigns. Even "fair and accurate" mass media are far from participatory.
Participating in the mass media is inevitably limited to only a few people or only to minor contributions. Only a few people have the skills or opportunity to write an article -- that will be published -- for a large newspaper, or to be interviewed for more than a few seconds on television. Even an occasional article or television appearance is trivial compared to the impact of those who host a television programme or write a regular column in a major paper. Furthermore, those who are successful in "breaking in" may actually legitimise the media in which they appear. This is analogous to the way that worker representatives on company boards can legitimise both the decisions made and the hierarchical structure of the company.
Many progressives want to use the media, or go into it as journalists or producers, to help the causes in which they believe. The intention is good, and the work many of them do is superb. But it should be remembered that this approach perpetuates unequal participation. It needs to be asked whether the aim is mainly to promote a favoured viewpoint or to foster a discussion involving ever more people. These two aims are not always compatible.
This is an obvious strategy. Possibilities include:
These and other initiatives are going on all the time. They need more support and development. This strategy is fully compatible with the goal of participatory media, so there are fewer internal contradictions and traps.
Activists have more often used than challenged the mass media. Yet there are numerous methods of nonviolent action that can be used to confront and change mass media, as well as to promote network media.[16] For example, boycotts can be organised of particularly offensive publications or shows. Small shareholders can use direct action to present their concerns at shareholders' meetings. Activists can occupy media offices. However, it is usually extremely difficult for consumers of the media to organise challenges. The best prospects are for media workers. They can challenge and subvert management by publishing or showing items without permission, allowing humorous mistakes to slip through, resigning as a group, working in against orders, and even taking over media operations and running them participatively. Such initiatives can only succeed if there is considerable support from the users of the media. Hence, links between workers and users are essential, for example between journalists and public interest groups.
This is a big one. It roughly translates into "undermine monopoly capitalism and the state."
The mass media would not be able to maintain their dominant position without special protection. Television is the best example. In most countries, governments own and run all channels. In liberal democracies there are some commercial channels, but these must be licensed by the government. Without government regulation, anyone could set up a studio and broadcast at whatever frequency they wanted. For cable systems, government regulations control who gains access.
The power of commercial television comes, of course, from corporate sponsorship, typically via advertisements. Without sponsorship from wealthy corporations, a few channels would be unlikely to be able to maintain their dominant positions. If a society of small enterprises is imagined -- whether run by owners or worker collectives -- there would be no basis or reason for large-scale sponsorship of mass media.
Corporations and governments also are crucial in maintaining the position of large-circulation newspapers. In many countries the dominant newspapers are government owned and produced. In capitalist societies, advertisements are essential to keep the purchase price down. Without advertisements, the size of the papers would shrink and the price would jump, leading to a decline in circulation. This would make the newspapers more similar to current-day alternative newspapers and magazines, which typically require contributions above and beyond subscription fees in order to stay afloat. Governments also help maintain large-circulation commercial newspapers in various indirect ways, including high postal rates for alternative media, defamation law (which can bankrupt small publishers -- see chapter 6), and copyright (which enables monopoly profits -- see chapter 3).
Governments and large corporations support the mass media, and vice versa. Of course, there are many conflicts between these powerful groups, such as when the media criticise particular government decisions or corporate actions, and when government or corporations try to muzzle or manipulate the media. But at a more fundamental level, these institutions reinforce each other. Without government and corporate support, the mass media would disintegrate. With participatory media instead of mass media, governments and corporations would be far less able to control information and maintain their legitimacy.
In terms of strategy, the implication of this analysis is that challenges to the mass media, and the strengthening of network media, should be linked to challenges to monopoly capitalism and the state. To bring about participatory media, it is also necessary to bring about participatory alternatives to present economic and political structures.
In order for any significant shift away from the mass media to occur, there must be a dramatic shift in attitudes and behaviours. People who neither watch television nor read newspapers are now commonly seen as eccentrics. A shift needs to occur so that they are supported, and it is the heavy consumers of the mass media who are given little reinforcement. Such shifts are possible. For example, anti-smoking activism has dramatically changed attitudes and policies in a few countries about smoking in public.
In order for withdrawal from using the mass media to become more popular, participatory media must become more attractive: cheaper, more accessible, more fun, more relevant. In such an atmosphere, nonviolent action campaigns against the mass media and in support of participatory media become more feasible. Such campaigns, especially if supported by social movements, in turn make changes in personal media habits more likely and acceptable. This, in outline, is one way that the mass media might be undermined. But it will not be an easy or quick operation. In so far as modern society is ever more based on information and knowledge, the mass media are increasingly central to the maintenance of unequal power and wealth. This is all the more reason to give special attention to the task of achieving a society without mass media.
[1]. Lichtenberg, Judith. 1987. "Foundations and limits of freedom of the press," Philosophy and Public Affairs, Vol. 16, No. 4, Fall, pp. 329-355.
[2]. Martin A. Lee and Norman Solomon, Unreliable Sources: A Guide to Detecting Bias in News Media (New York: Carol, 1990).
[3]. George Comstock, Television in America (Beverly Hills: Sage, 1980), pp. 50-56, reports that about equal numbers of viewers believe that US television is biased towards either liberal or conservative viewpoints.
[4]. See especially the now classic treatment by Ben Bagdikian, The Media Monopoly (Boston: Beacon Press, 1993, 4th edition). Two hard-hitting attacks on corporate domination of information and culture, focussing on the US, are Herbert I. Schiller, Culture, Inc.: The Corporate Takeover of Public Expression (New York: Oxford University Press, 1989) and Gerald Sussman, Communication, Technology, and Politics in the Information Age (Thousand Oaks, CA: Sage, 1997). In terms of how the dominant influences on the media operate, one can choose between a propaganda model as given by Edward S. Herman and Noam Chomsky, Manufacturing Consent: The Political Economy of the Mass Media (New York: Pantheon, 1988) -- based on the five filters of ownership, advertising, sourcing from powerful organisations, attacks on unwelcome programmes, and anticommunism -- or a model involving organisational imperatives and journalistic practices as given by W. Lance Bennett, News: The Politics of Illusion (New York: Longman, 1988, 2nd edition) and Rodney Tiffen, News and Power (Sydney: Allen and Unwin, 1989), among others. For the purposes here, the differences between these analyses are not important. For many other sources, see James R. Bennett, Control of the Media in the United States: An Annotated Bibliography (Hamden, CT: Garland, 1992).
[5]. Lee and Solomon (see note 2), pp. 340-358.
[6]. John Keane, The Media and Democracy (London: Polity Press, 1991).
[7]. Brian Martin, "Communication technology and nonviolent action," Media Development, Vol. 43, No. 2, 1996, pp. 3-9.
[8]. David Andrews, The IRG Solution: Hierarchical Incompetence and How to Overcome It (London: Souvenir Press, 1984).
[9]. Ivan Illich, Tools for Conviviality (London: Calder and Boyars, 1973).
[10]. Jerry Mander, Four Arguments for the Elimination of Television (New York: William Morrow, 1978).
[11]. Fred Emery and Merrelyn Emery, A Choice of Futures: To Enlighten or Inform (Leiden: Martinus Nijhoff, 1976).
[12]. Frances Moore Lappé and Family, What to Do After You Turn Off the TV: Fresh Ideas for Enjoying Family Life (New York: Ballantine Books, 1985); Martin Large, Who's Bringing Them Up? Television and Child Development (Gloucester: Martin Large, 1980).
[13]. Todd Gitlin, The Whole World is Watching: Mass Media in the Making and Unmaking of the New Left (Berkeley: University of California Press, 1980).
[14]. Marc Raboy, Movements and Messages: Media and Radical Politics in Quebec (Toronto: Between the Lines, 1984).
[15]. John Downing, Radical Media: The Political Experience of Alternative Communication (Boston: South End Press, 1984); Edward Herman, "Democratic media," Z Papers, Vol. 1, No. 1, January-March 1992, pp. 23-30. For further references see James R. Bennett (seenote 4).
[16]. On nonviolent action, see Virginia Coover, Ellen Deacon, Charles Esser and Christopher Moore, Resource Manual for a Living Revolution (Philadelphia: New Society Publishers, 1981); Per Herngren, Path of Resistance: The Practice of Civil Disobedience (Philadelphia: New Society Publishers, 1993); George Lakey, Powerful Peacemaking: A Strategy for a Living Revolution (Philadelphia: New Society Publishers, 1987); Gene Sharp, The Politics of Nonviolent Action (Boston: Porter Sargent, 1973).
The original rationale for copyrights and patents was to foster artistic and practical creative work by giving a short-term monopoly over certain uses of the work. This monopoly was granted to an individual or corporation by government. The government's power to grant a monopoly is corrupting. The biggest owners of intellectual property have sought to expand it well beyond any sensible rationale.
There are several types of intellectual property or, in other words, ownership of information, including copyright, patents, trademarks, trade secrets, design rights and plant breeders' rights. Copyright covers the expression of ideas such as in writing, music and pictures. Patents cover inventions, such as new substances or articles and industrial processes. Trademarks are symbols associated with a good, service or company. Trade secrets cover confidential business information. Design rights cover different ways of presenting the outward appearance of things. Plant breeders' rights grant ownership of novel, distinct and stable plant varieties that are "invented."
The type of property that is familiar to most people is physical objects. People own clothes, cars, houses and land. But there has always been a big problem with owning ideas. Exclusive use or control of ideas or the way they are expressed doesn't make nearly as much sense as the ownership of physical objects.
Many physical objects can only be used by one person at a time. If one person wears a pair of shoes, no one else can wear them at the same time. (The person who wears them often owns them, but not always.) This is not true of intellectual property. Ideas can be copied over and over, but the person who had the original copy still has full use of it. Suppose you write a poem. Even if a million other people have copies and read the poem, you can still read the poem yourself. In other words, more than one person can use an idea -- a poem, a mathematical formula, a tune, a letter -- without reducing other people's use of the idea. Shoes and poems are fundamentally different in this respect.
Technological developments have made it cheaper and easier to make copies of information. Printing was a great advance: it eliminated the need for hand copying of documents. Photocopying and computers have made it even easier to make copies of written documents. Photography and sound recordings have done the same for visual and audio material. The ability to protect intellectual property is being undermined by technology. Yet there is a strong push to expand the scope of ownership of information.
This chapter outlines the case against intellectual property. I begin by mentioning some of the problems arising from ownership of information. Then I turn to weaknesses in its standard justifications. Next is an overview of problems with the so-called "marketplace of ideas," which has important links with intellectual property. Finally, I outline some alternatives to intellectual property and some possible strategies for moving towards them.
Governments generate large quantities of information. They produce statistics on population, figures on economic production and health, texts of laws and regulations, and vast numbers of reports. The generation of this information is paid for through taxation and, therefore, it might seem that it should be available to any member of the public. But in some countries, such as Britain and Australia, governments claim copyright in their own legislation and sometimes court decisions. Technically, citizens would need permission to copy their own laws. On the other hand, some government-generated information, especially in the US, is turned over to corporations that then sell it to whomever can pay. Publicly funded information is "privatised" and thus not freely available.[1]
The idea behind patents is that the fundamentals of an invention are made public while the inventor for a limited time has the exclusive right to make, use or sell the invention. But there are quite a few cases in which patents have been used to suppress innovation.[2] Companies may take out a patent, or buy someone else's patent, in order to inhibit others from applying the ideas. From its beginning in 1875, the US company AT&T collected patents in order to ensure its monopoly on telephones. It slowed down the introduction of radio for some 20 years. In a similar fashion, General Electric used control of patents to retard the introduction of fluorescent lights, which were a threat to its sales of incandescent lights. Trade secrets are another way to suppress technological development. Trade secrets are protected by law but, unlike patents, do not have to be published openly. They can be overcome legitimately by independent development or reverse engineering.
Biological information can now be claimed as intellectual property. US courts have ruled that genetic sequences can be patented, even when the sequences are found "in nature," so long as some artificial means are involved in isolating them. This has led companies to race to take out patents on numerous genetic codes. In some cases, patents have been granted covering all transgenic forms of an entire species, such as soybeans or cotton, causing enormous controversy and sometimes reversals on appeal. One consequence is a severe inhibition on research by non-patent holders. Another consequence is that transnational corporations are patenting genetic materials found in Third World plants and animals, so that some Third World peoples actually have to pay to use seeds and other genetic materials that have been freely available to them for centuries.
More generally, intellectual property is one more way for rich countries to extract wealth from poor countries. Given the enormous exploitation of poor peoples built into the world trade system, it would only seem fair for ideas produced in rich countries to be provided at no cost to poor countries. Yet in the GATT negotiations, representatives of rich countries, especially the US, have insisted on strengthening intellectual property rights.[3] Surely there is no better indication that intellectual property is primarily of value to those who are already powerful and wealthy.
The potential financial returns from intellectual property are said to provide an incentive for individuals to create. In practice, though, most creators do not actually gain much benefit from intellectual property. Independent inventors are frequently ignored or exploited. When employees of corporations and governments have an idea worth protecting, it is usually copyrighted or patented by the organisation, not the employee. Since intellectual property can be sold, it is usually the rich and powerful who benefit. The rich and powerful, it should be noted, seldom contribute much intellectual labour to the creation of new ideas.
These problems -- privatisation of government information, suppression of patents, ownership of genetic information and information not owned by the true creator -- are symptoms of a deeper problem with the whole idea of intellectual property. Unlike goods, there are no physical obstacles to providing an abundance of ideas. (Indeed, the bigger problem may be an oversupply of ideas.) Intellectual property is an attempt to create an artificial scarcity in order to give rewards to a few at the expense of the many. Intellectual property aggravates inequality. It fosters competitiveness over information and ideas, whereas cooperation makes much more sense. In the words of Peter Drahos, researcher on intellectual property, "Intellectual property is a form of private sovereignty over a primary good -- information."[4]
Here are some examples of the abuse of power that has resulted from the power to grant sovereignty over information.
The Australian High Court ruled that the Crimes Act did not apply, but that the material was protected by copyright held by the government. Thus copyright, set up to encourage artistic creation, was used to suppress dissemination of documents for whose production copyright was surely no incentive. Later, Munster and Walsh produced a book using summaries and short quotes in order to present the information.[7]
The following examples show that the uncertainty of intellectual property law encourages ambit claims that seem to be somewhat plausible. Some targets of such claims give in for economic reasons.
These examples show that intellectual property has become a means for exerting power in ways quite divorced from its original aim -- promoting the creation and use of new ideas.
Edwin C. Hettinger has provided an insightful critique of the main arguments used to justify intellectual property, so it is worthwhile summarising his analysis.[12] He begins by noting the obvious argument against intellectual property, namely that sharing intellectual objects still allows the original possessor to use them. Therefore, the burden of proof should lie on those who argue for intellectual property.
The first argument for intellectual property is that people are entitled to the results of their labour. Hettinger's response is that not all the value of intellectual products is due to labour. Nor is the value of intellectual products due to the work of a single labourer, or any small group. Intellectual products are social products.
Suppose you have written an essay or made an invention. Your intellectual work does not exist in a social vacuum. It would not have been possible without lots of earlier work -- both intellectual and nonintellectual -- by many other people. This includes your teachers and parents. It includes the earlier authors and inventors who provided the foundation for your contribution. It also includes the many people who discussed and used ideas and techniques, at both theoretical and practical levels, and provided a cultural foundation for your contribution. It includes the people who built printing presses, laid telephone cables, built roads and buildings and in many other ways contributed to the "construction" of society. Many other people could be mentioned. The point is that any piece of intellectual work is always built on and is inconceivable without the prior work of numerous people.
Hettinger points out that the earlier contributors to the development of ideas are not present. Today's contributor therefore cannot validly claim full credit.
Is the market value of a piece of an intellectual product a reasonable indicator of a person's contribution? Certainly not. As noted by Hettinger and as will be discussed in the next section, markets only work once property rights have been established, so it is circular to argue that the market can be used to measure intellectual contributions. Hettinger summarises this point in this fashion: "The notion that a laborer is naturally entitled as a matter of right to receive the market value of her product is a myth. To what extent individual laborers should be allowed to receive the market value of their products is a question of social policy."
A related argument is that people have a right to possess and personally use what they develop. Hettinger's response is that this doesn't show that they deserve market values, nor that they should have a right to prevent others from using the invention.
A second major argument for intellectual property is that people deserve property rights because of their labour. This brings up the general issue of what people deserve, a topic that has been analysed by philosophers. Their usual conclusions go against what many people think is "common sense." Hettinger says that a fitting reward for labour should be proportionate to the person's effort, the risk taken and moral considerations. This sounds all right -- but it is not proportionate to the value of the results of the labour, whether assessed through markets or by other criteria. This is because the value of intellectual work is affected by things not controlled by the worker, including luck and natural talent. Hettinger says "A person who is born with extraordinary natural talents, or who is extremely lucky, deserves nothing on the basis of these characteristics."
A musical genius like Mozart may make enormous contributions to society. But being born with enormous musical talents does not provide a justification for owning rights to musical compositions or performances. Likewise, the labour of developing a toy like Teenage Mutant Ninja Turtles that becomes incredibly popular does not provide a justification for owning rights to all possible uses of turtle symbols.
What about a situation where one person works hard at a task and a second person with equal talent works less hard? Doesn't the first worker deserve more reward? Perhaps so, but property rights do not provide a suitable mechanism for allocating rewards. The market can give great rewards to the person who successfully claims property rights for a discovery, with little or nothing for the person who just missed out.
A third argument for intellectual property is that private property is a means for promoting privacy and a means for personal autonomy. Hettinger responds that privacy is protected by not revealing information, not by owning it. Trade secrets cannot be defended on the grounds of privacy, because corporations are not individuals. As for personal autonomy, copyrights and patents aren't required for this.
A fourth argument is that rights in intellectual property are needed to promote the creation of more ideas. The idea is that intellectual property gives financial incentives to produce ideas. Hettinger thinks that this is the only decent argument for intellectual property. He is still somewhat sceptical, though. He notes that the whole argument is built on a contradiction, namely that in order to promote the development of ideas, it is necessary to reduce people's freedom to use them. Copyrights and patents may encourage new ideas and innovations, but they also restrict others from using them freely.
This argument for intellectual property cannot be resolved without further investigation. Hettinger says that there needs to be an investigation of how long patents and copyrights should be granted, to determine an optimum period for promoting intellectual work.
For the purposes of technological innovation, information becomes more valuable when augmented by new information: innovation is a collective process. If firms in an industry share information by tacit cooperation or open collaboration, this speeds innovation and reduces costs. Patents, which put information into the market and raise information costs, actually slow the innovative process.[13]
It should be noted that although the scale and pace of intellectual work has increased over the past few centuries, the duration of protection of intellectual property has not been reduced, as might be expected, but greatly increased. The US government did not recognise foreign copyrights for much of the 1800s. Where once copyrights were only for a period of a few decades, they now may be for the life of the author plus 70 years. In many countries, chemicals and pharmaceuticals were not patentable until recently. This suggests that even if intellectual property can be justified on the basis of fostering new ideas, this is not the driving force behind the present system of copyrights and patents. After all, few writers feel a greater incentive to write and publish just because their works are copyrighted for 70 years after they die, rather than just until they die.
Of various types of intellectual property, copyright is especially open for exploitation. Unlike patents, copyright is granted without an application and lasts far longer. Originally designed to encourage literary and artistic work, it now applies to every memo and doodle and is more relevant to business than art. There is no need to encourage production of business correspondence, so why is copyright applied to it?[14]
Intellectual property is built around a fundamental tension: ideas are public but creators want private returns. To overcome this tension, a distinction developed between ideas and their expression. Ideas could not be copyrighted but their expression could. This peculiar distinction was tied to the romantic notion of the autonomous creator who somehow contributes to the common pool of ideas without drawing from it. This package of concepts apparently justified authors in claiming residual rights -- namely copyright -- in their ideas after leaving their hands, while not giving manual workers any rationale for claiming residual rights in their creations.[15] In practice, though, the idea-expression distinction is dubious and few of the major owners of intellectual property have the faintest resemblance to romantic creators.
The idea of intellectual property has a number of connections with the concept of the marketplace of ideas, a metaphor that is widely used in discussions of free speech. To delve a bit more deeply into the claim that intellectual property promotes development of new ideas, it is therefore helpful to scrutinise the concept of the marketplace of ideas.
The image conveyed by the marketplace of ideas is that ideas compete for acceptance in a market. As long as the competition is fair -- which means that all ideas and contributors are permitted access to the marketplace -- then good ideas will win out over bad ones. Why? Because people will recognise the truth and value of good ideas. On the other hand, if the market is constrained, for example by some groups being excluded, then certain ideas cannot be tested and examined and successful ideas may not be the best ideas.
Logically, there is no reason why a marketplace of ideas has to be a marketplace of owned ideas: intellectual property cannot be strictly justified by the marketplace of ideas. But because the marketplace metaphor is an economic one, there is a strong tendency to link intellectual property with the marketplace of ideas. As discussed later, there is a link between these two concepts, but not in the way their defenders usually imagine.
There are plenty of practical examples of the failure of the marketplace of ideas. Groups that are stigmatised or that lack power seldom have their viewpoints presented. This includes ethnic minorities, prisoners, the unemployed, manual workers and radical critics of the status quo, among many others. Even when such groups organise themselves to promote their ideas, their views are often ignored while the media focus on their protests, as in the case of peace movement rallies and marches.
Demonstrably, good ideas do not always win out in the marketplace of ideas. To take one example, the point of view of workers is frequently just as worthy as that of employers. Yet there is an enormous imbalance in the presentation of their respective viewpoints in the media. One result is that quite a few ideas that happen to serve the interests of employers at the expense of workers -- such as that the reason people don't have jobs is because they aren't trying hard enough to find them -- are widely accepted although they are rejected by virtually all informed analysts.
There is a simple and fundamental reason for the failure of the marketplace of ideas: inequality, especially economic inequality.[16] Perhaps in a group of people sitting in a room discussing an issue, there is some prospect of a measured assessment of different ideas. But if these same people are isolated in front of their television sets, and one of them owns the television station, it is obvious that there is little basis for testing of ideas. The reality is that powerful and rich groups can promote their ideas with little chance of rebuttal from those with different perspectives. As described in chapter 2, the mass media are powerful enterprises that promote their own interests as well as those of governments and corporations.
In circumstances where participants are approximate equals, such as intellectual discussion among peers in an academic discipline, then the metaphor of competition of ideas has some value. But ownership of media or ideas is hardly a prerequisite for such discussion. It is the equality of power that is essential. To take one of many possible examples, when employees in corporations lack the freedom to speak openly without penalty they cannot be equal participants in discussions (see chapter 5).
Some ideas are good -- in the sense of being valuable to society -- but are unwelcome. Some are unwelcome to powerful groups, such as that governments and corporations commit horrific crimes or that there is a massive trade in technologies of torture and repression that needs to be stopped. Others are challenging to much of the population, such as that imprisonment does not reduce the crime rate or that financial rewards for good work on the job or grades for good schoolwork are counterproductive.[17] (Needless to say, individuals might disagree with the examples used here. The case does not rest on the examples themselves, but on the existence of some socially valuable ideas that are unwelcome and marginalised.) The marketplace of ideas simply does not work to treat such unwelcome ideas with the seriousness they deserve. The mass media try to gain audiences by pleasing them, not by confronting them with challenging ideas.[18]
The marketplace of ideas is often used to justify free speech. The argument is that free speech is necessary in order for the marketplace of ideas to operate: if some types of speech are curtailed, certain ideas will not be available on the marketplace and thus the best ideas will not succeed. This sounds plausible. But it is possible to reject the marketplace of ideas while still defending free speech on the grounds that it is essential to human liberty.
If the marketplace of ideas doesn't work, what is the solution? The usual view is that governments should intervene to ensure that all groups have fair access to the media. But this approach, based on promoting equality of opportunity, ignores the fundamental problem of economic inequality. Even if minority groups have some limited chance to present their views in the mass media, this can hardly compensate for the massive power of governments and corporations to promote their views. In addition, it retains the role of the mass media as the central mechanism for disseminating ideas. So-called reform proposals either retain the status quo or introduce government censorship.
Underlying the market model is the idea of self-regulation: the "free market" is supposed to operate without outside intervention and, indeed, to operate best when outside intervention is minimised. In practice, even markets in goods do not operate autonomously: the state is intimately involved in even the freest of markets. In the case of the marketplace of ideas, the state is involved both in shaping the market and in making it possible, for example by promoting and regulating the mass media. The world's most powerful state, the US, has been the driving force behind the establishment of a highly protectionist system of intellectual property, using power politics at GATT, the General Agreement on Tariffs and Trade.
Courts may use the rhetoric of the marketplace of ideas but actually interpret the law to support the status quo. For example, speech is treated as free until it might actually have some consequences. Then it is curtailed when it allegedly presents a "clear and present danger," such as when peace activists expose information supposedly threatening to "national security". But speech without action is pointless. True liberty requires freedom to promote one's views in practice.[19] Powerful groups have the ability to do this. Courts only intervene when others try to do the same.
As in the case of trade generally, a property-based "free market" serves the interests of powerful producers. In the case of ideas, this includes governments and corporations plus intellectuals and professionals linked with universities, entertainment, journalism and the arts. Against such an array of intellectual opinion, it is very difficult for other groups, such as manual workers, to compete.[20] The marketplace of ideas is a biased and artificial market that mostly serves to fine-tune relations between elites and provide them with legitimacy.[21]
The implication of this analysis is that intellectual property cannot be justified on the basis of the marketplace of ideas. The utilitarian argument for intellectual property is that ownership is necessary to stimulate production of new ideas, because of the financial incentive. This financial incentive is supposed to come from the market, whose justification is the marketplace of ideas. If, as critics argue, the marketplace of ideas is flawed by the presence of economic inequality and, more fundamentally, is an artificial creation that serves powerful producers of ideas and legitimates the role of elites, then the case for intellectual property is unfounded. Intellectual property can only serve to aggravate the inequality on which it is built.
The alternative to intellectual property is straightforward: intellectual products should not be owned. That means not owned by individuals, corporations, governments, or the community as common property. It means that ideas are available to be used by anyone who wants to.
One example of how this might operate is language, including the words, sounds and meaning systems with which we communicate every day. Spoken language is free for everyone to use. (Actually, corporations do control bits of language through trademarks and slogans.)
Another example is scientific knowledge. Scientists do research and then publish their results. A large proportion of scientific knowledge is public knowledge. There are some areas of science that are not public, such as classified military research. It is usually argued that the most dynamic parts of science are those with the least secrecy. Open ideas can be examined, challenged, modified and improved. To turn scientific knowledge into a commodity on the market, as is happening with genetic engineering, arguably inhibits science.
Few scientists complain that they do not own the knowledge they produce. Indeed, they are much more likely to complain when corporations or governments try to control dissemination of ideas. Most scientists receive a salary from a government, corporation or university. Their livelihoods do not depend on royalties from published work.
University scientists have the greatest freedom. The main reasons they do research are for the intrinsic satisfaction of investigation and discovery -- a key motivation for many of the world's great scientists -- and for recognition by their peers. To turn scientific knowledge into intellectual property would dampen the enthusiasm of many scientists for their work. However, as governments reduce their funding of universities, scientists and university administrations increasingly turn to patents as a source of income.
Language and scientific knowledge are not ideal; indeed, they are often used for harmful purposes. It is difficult to imagine, though, how turning them into property could make them better.
The case of science shows that vigorous intellectual activity is quite possible without intellectual property, and in fact that it may be vigorous precisely because information is not owned. But there are lots of areas that, unlike science, have long operated with intellectual property as a fact of life. What would happen without ownership of information? Many objections spring to mind.
Many intellectual workers fear being plagiarised and many of them think that intellectual property provides protection against this. After all, without copyright, why couldn't someone put their name on your essay and publish it? Actually, copyright provides very little protection against plagiarism.[22] So-called "moral rights" of authors to be credited are backed by law in many countries but are an extremely cumbersome way of dealing with plagiarism.
Plagiarism means using the ideas of others without adequate acknowledgment. There are several types of plagiarism. One is plagiarism of ideas: someone takes your original idea and, using different expression, presents it as their own. Copyright provides no protection at all against this form of plagiarism. Another type of plagiarism is word-for-word plagiarism, where someone takes the words you've written -- a book, an essay, a few paragraphs or even just a sentence -- and, with or without minor modifications, presents them as their own. This sort of plagiarism is covered by copyright -- assuming that you hold the copyright. In many cases, copyright is held by the publisher, not the author.
In practice, plagiarism goes on all the time, in various ways and degrees,[23] and copyright law is hardly ever used against it. The most effective challenge to plagiarism is not legal action but publicity. At least among authors, plagiarism is widely condemned. For this reason, and because they seek to give credit where it's due, most writers do take care to avoid plagiarising.
There is an even more fundamental reason why copyright provides no protection against plagiarism: the most common sort of plagiarism is built into social hierarchies. Government and corporate reports are released under the names of top bureaucrats who did not write them; politicians and corporate executives give speeches written by underlings. These are examples of a pervasive misrepresentation of authorship in which powerful figures gain credit for the work of subordinates.[24] Copyright, if it has any effect at all, reinforces rather than challenges this sort of institutionalised plagiarism.
What about all the writers, inventors and others who depend for their livelihood on royalties? First, it should be mentioned that only a very few individuals make enough money from royalties to live on. For example, there are probably only a few hundred self-employed writers in the US.[25] Most of the rewards from intellectual property go to a few big companies. But the question is still a serious one for those intellectual workers who depend on royalties and other payments related to intellectual property.
The alternative in this case is some reorganisation of the economic system. Those few currently dependent on royalties could instead receive a salary, grant or bursary, just as most scientists do.
Getting rid of intellectual property would reduce the incomes of a few highly successful creative individuals, such as author Agatha Christie, composer Andrew Lloyd Webber and filmmaker Steven Spielberg. Publishers could reprint Christie's novels without permission, theatre companies could put on Webber's operas whenever they wished and Spielberg's films could be copied and screened anywhere. Jurassic Park and Lost World T-shirts, toys and trinkets could be produced at will. This would reduce the income of and, to some extent, the opportunities for artistic expression by these individuals. But there would be economic resources released: there would be more money available for other creators. Christie, Webber and Spielberg might be just as popular without intellectual property to channel money to them and their family enterprises.
The typical creative intellectual is actually worse off due to intellectual property. Consider an author who brings in a few hundred or even a few thousand dollars of royalty income per year. This is a tangible income, which creators value for its monetary and symbolic value. But this should be weighed against payments of royalties and monopoly profits when buying books, magazines, CDs and computer software.
Many of these costs are invisible. How many consumers, for example, realise how much they are paying for intellectual property when buying prescription medicines, paying for schools (through fees or taxes), buying groceries or listening to a piece of music on the radio? Yet in these and many other situations, costs are substantially increased due to intellectual property. Most of the extra costs go not to creators but to corporations and to bureaucratic overheads -- such as patent offices and law firms -- that are necessary to keep the system of intellectual property going.
What about the incentive to create? Without the possibility of wealth and fame, what would stimulate creative individuals to produce works of genius? Actually, most creators and innovators are motivated by their own intrinsic interest, not by rewards. There is a large body of evidence showing, contrary to popular opinion, that rewards actually reduce the quality of work.[26] If the goal is better and more creative work, paying creators on a piecework basis, such as through royalties, is counterproductive.
In a society without intellectual property, creativity is likely to thrive. Most of the problems that are imagined to occur if there is no intellectual property -- such as the exploitation of a small publisher that renounces copyright -- are due to economic arrangements that maintain inequality. The soundest foundation for a society without intellectual property is greater economic and political equality. This means not just equality of opportunity, but equality of outcomes. This does not mean uniformity and does not mean levelling imposed from the top: it means freedom and diversity and a situation where people can get what they need but are not able to gain great power or wealth by exploiting the work of others. This is a big issue. Suffice it to say here that there are strong social and psychological arguments in favour of equality.[27]
Intellectual property is supported by many powerful groups: the most powerful governments and the largest corporations. The mass media seem fully behind intellectual property, partly because media monopolies would be undercut if information were more freely copied and partly because the most influential journalists depend on syndication rights for their stories.
Perhaps just as important is the support for intellectual property from many small intellectual producers, including academics and freelance writers. Although the monetary returns to these intellectuals are seldom significant, they have been persuaded that they both need and deserve their small royalties. This is similar to the way that small owners of goods and land, such as homeowners, strongly defend the system of private property, whose main beneficiaries are the very wealthy who own vast enterprises based on many other people's labour. Intellectuals are enormous consumers as well as producers of intellectual work. A majority would probably be better off financially without intellectual property, since they wouldn't have to pay as much for other people's work.
Another problem in developing strategies is that it makes little sense to challenge intellectual property in isolation. If we simply imagine intellectual property being abolished but the rest of the economic system unchanged, then many objections can be made. Challenging intellectual property must involve the development of methods to support creative individuals.
Talking about "intellectual property" implies an association with physical property. Instead, it is better to talk about monopolies granted by governments, for example "monopoly privilege." This gives a better idea of what's going on and so helps undermine the legitimacy of the process. Associated with this could be an appeal to free market principles, challenging the barriers to trade in ideas imposed by monopolies granted to copyright and patent holders.
As well, a connection should be forged with ideals of free speech. Rather than talk of intellectual property in terms of property and trade, it should be talked about in terms of speech and its impediments. Controls over genetic information should be talked about in terms of public health and social welfare rather than property.
The way that an issue is framed makes an enormous difference to the legitimacy of different positions. Once intellectual property is undermined in the minds of many citizens, it will become far easier to topple its institutional supports.
It can cost a lot to set up and operate a system of intellectual property. This includes patent offices, legislation, court cases, agencies to collect fees and much else. There is a need for research to calculate and expose these costs as well as the transfers of money between different groups and countries. A middle-ranking country from the First World, such as Australia, pays far more for intellectual property -- mostly to the US -- than it receives. Once the figures are available and understood, this will aid in reducing the legitimacy of the world intellectual property system.[28]
From the point of view of intellectual property, this is called "piracy." (This is a revealing term, considering that such language is seldom used when, for example, a boss takes credit for a subordinate's work or when a Third World intellectual is recruited to a First World position. In each case, investments in intellectual work made by an individual or society are exploited by a different individual or society with more power.) This happens every day when people photocopy copyrighted articles, tape copyrighted music, or duplicate copyrighted software. It is precisely because illegal copying is so easy and so common that big governments and corporations have mounted offensives to promote intellectual property rights.
Unfortunately, illegal copying is not a very good strategy against intellectual property, any more than stealing goods is a way to challenge ownership of physical property. Theft of any sort implicitly accepts the existing system of ownership. By trying to hide the copying and avoiding penalties, the copiers appear to accept the legitimacy of the system.
This is far more powerful than illicit copying. The methods of nonviolent action can be used here, including noncooperation, boycotts and setting up alternative institutions. By being open about the challenge, there is a much greater chance of focussing attention on the issues at stake and creating a dialogue. By being principled in opposition, and being willing to accept penalties for civil disobedience to laws on intellectual property, there is a much greater chance of winning over third parties. If harsh penalties are applied to those who challenge intellectual property, this could produce a backlash of sympathy. Once mass civil disobedience to intellectual property laws occurs, it will be impossible to stop.
Something like that is already occurring. Because photocopying of copyrighted works is so common, there is seldom any attempt to enforce the law against small violators -- to do so would alienate too many people. Copyright authorities therefore seek other means of collecting revenues from intellectual property, such as payments by institutions based on library copies.
Already there is mass discontent in India over the impact of the world intellectual property regime and patenting of genetic materials, with rallies of hundreds of thousands of farmers.[29] If this scale of protest could be combined with other actions that undermine the legitimacy of intellectual property, the entire system could be challenged.
A good example is public domain software, which is computer software that is made available free to anyone who wants it. The developers of "freeware" gain satisfaction out of their intellectual work and out of providing a service to others. The Free Software Foundation has spearheaded the development and promotion of freeware. It "is dedicated to eliminating restrictions on people's right to use, copy, modify and redistribute computer programs" by encouraging people to develop and use free software.
A suitable alternative to copyright is shareright. A piece of freeware might be accompanied by the notice, "You may reproduce this material if your recipients may also reproduce it." This encourages copiers but refuses any of them copyright.
The Free Software Foundation has come up with another approach, called "copyleft." The Foundation states, "The simplest way to make a program free is to put it in the public domain, uncopyrighted. But this permits proprietary modified versions, which deny others the freedom to redistribute and modify; such versions undermine the goal of giving freedom to all users. To prevent this, `copyleft' uses copyright in a novel manner. Typically copyrights take away freedoms; copyleft preserves them. It is a legal instrument that requires those who pass on a program to include the rights to use, modify, and redistribute the code; the code and the freedoms become legally inseparable."[30] Until copyright is eliminated or obsolete, innovations such as copyleft are necessary to avoid exploitation of those who want to make their work available to others.
This is important even if credit is not rewarded financially. This would include guidelines for not misrepresenting another person's work. Intellectual property gives the appearance of stopping unfair appropriation of ideas although the reality is quite different. If intellectual property is to be challenged, people need to be reassured that misappropriation of ideas will not become a big problem.
More fundamentally, it needs to be recognised that intellectual work is inevitably a collective process. No one has totally original ideas: ideas are always built on the earlier contributions of others. (That's especially true of this chapter!) Furthermore, culture -- which makes ideas possible -- is built not just on intellectual contributions but also on practical and material contributions, including the rearing of families and construction of buildings. Intellectual property is theft, sometimes in part from an individual creator but always from society as a whole.
In a more cooperative society, credit for ideas would not be such a contentious matter. Today, there are vicious disputes between scientists over who should gain credit for a discovery. This is because scientists' careers and, more importantly, their reputations, depend on credit for ideas. In a society with less hierarchy and greater equality, intrinsic motivation and satisfaction would be the main returns from contributing to intellectual developments. This is quite compatible with everything that is known about human nature.[31] The system of ownership encourages groups to put special interests above general interests. Sharing information is undoubtedly the most efficient way to allocate productive resources. The less there is to gain from credit for ideas, the more likely people are to share ideas rather than worry about who deserves credit for them.
It is important to keep in mind the wider goal of challenging the corruptions of information power. Governments and large corporations are particularly susceptible to these corruptions. They should be the first targets in developing a strategy against intellectual property.
Freedom Press is not a typical publisher. It has been publishing anarchist writings since 1886, including books, magazines, pamphlets and leaflets. Remarkably, neither authors nor editors have ever been paid for their work. Freedom Press is concerned with social issues and social change, not with material returns to anyone involved in the enterprise.
Because it is a small publisher, Freedom Press would be hard pressed to enforce its claims to copyright even if it wanted to. Those who sympathise with the aims of Freedom Press and who would like to reproduce some of its publications therefore should consider practical rather than legal issues. Would the copying be on such a scale as to undermine Freedom Press's limited sales? Does the copying give sufficient credit to Freedom Press so as to encourage further sales? Is the copying for commercial or noncommercial purposes?
In answering such questions, it makes sense to ask Freedom Press. This applies whether the work is copyright or not. If asking is not feasible, or the copying is of limited scale, then good judgement should be used. In my opinion, using one chapter -- especially this chapter! -- for nonprofit purposes should normally be okay.
So in the case of Freedom Press, the approach should be to negotiate in good faith and to use good judgement in minor or urgent cases. Negotiation and good judgement of this sort will be necessary in any society that moves beyond intellectual property.
[1]. Dorothy Nelkin, Science as Intellectual Property: Who Controls Research? (New York: Macmillan, 1984).
[2]. Richard Dunford, "The suppression of technology as a strategy for controlling resource dependence," Administrative Science Quarterly, Vol. 32, 1987, pp. 512-525.
[3]. Peter Drahos, "Global property rights in information: the story of TRIPS at the GATT," Prometheus, Vol. 13, No. 1, June 1995, pp. 6-19; Surendra J. Patel, "Intellectual property rights in the Uruguay Round: a disaster for the South?" Economic and Political Weekly, Vol. 24, No. 18, 6 May 1989, pp. 978-993; Darrell A. Posey and Graham Dutfield, Beyond Intellectual Property: Toward Traditional Rights for Indigenous Peoples and Local Communities (Ottawa: International Development Research Centre, 1996).
[4]. Peter Drahos, "Decentring communication: the dark side of intellectual property," in Tom Campbell and Wojciech Sadurski (eds.), Freedom of Communication (Aldershot: Dartmouth, 1994), pp. 249-279, at p. 274.
[5]. Vandana Shiva and Radha Holla-Bhar, "Intellectual piracy and the neem tree," Ecologist, Vol. 23, No. 6, 1993, pp. 223-227.
[6]. Victor Papanek, Design for the Real World: Human Ecology and Social Change (London: Thames and Hudson, 1985, 2nd edition), p. xi.
[7]. George Munster, Secrets of State: A Detailed Assessment of the Book They Banned (Australia: Walsh & Munster, 1982).
[8]. Wendy M. Grossman, "alt.scientology.war," Wired, Vol. 3, No. 12, December 1995, pp. 172-177, 248-252.
[9]. David D. Kirkpatrick, "Brilliant minds may think alike, but Brilliant lines can cost you," Wall Street Journal, 27 January 1997, p. B1.
[10]. Lance Rose, "Technical foul: the NBA double dribbles on intellectual property," Wired, Vol. 5, No. 1, January 1997, p. 96.
[11]. Rob Edwards, "Scottish court case could unravel the Web," New Scientist, 16 November 1996, p. 5.
[12]. Edwin C. Hettinger, "Justifying intellectual property," Philosophy and Public Affairs, Vol. 18, No. 1, Winter 1989, pp. 31-52, quotes at pp. 39 and 42. See also David Vaver, "Intellectual property today: of myths and paradoxes," Canadian Bar Review, Vol. 69, No. 1, March 1990, pp. 98-128.
[13]. Thomas Mandeville, Understanding Novelty: Information, Technological Change, and the Patent System (Norwood, NJ: Ablex, 1996).
[14]. David Vaver, "Rejuvenating copyright," Canadian Bar Review, Vol. 75, March 1996, pp. 69-80.
[15]. James Boyle, Shamans, Software, and Spleens: Law and the Social Construction of the Information Economy (Cambridge, MA: Harvard University Press, 1996).
[16]. C. Edwin Baker, Human Liberty and Freedom of Speech (New York: Oxford University Press, 1989).
[17]. On these points, see respectively Jeffrey Ian Ross (ed.), Controlling State Crime: An Introduction (New York: Garland, 1995); Steve Wright, "The new technologies of political repression: a case for arms control?" Philosophy and Social Action, Vol. 17, Nos. 3-4, July-December 1991, pp. 31-62; Nils Christie, Crime Control as Industry: Towards Gulags, Western Style (London: Routledge, 1994, 2nd edition); Alfie Kohn, Punished by Rewards: The Trouble with Gold Stars, Incentive Plans, A's, Praise, and other Bribes (Boston: Houghton Mifflin, 1993).
[18]. Robert M. Entman, Democracy without Citizens: Media and the Decay of American Politics (New York: Oxford University Press, 1989).
[19]. Baker (see note 16).
[20]. Benjamin Ginsberg, The Captive Public: How Mass Media Promotes State Power (New York: Basic Books, 1986).
[21]. Stanley Ingber, "The marketplace of ideas: a legitimizing myth," Duke Law Journal, Vol. 1984, No. 1, February 1984, pp. 1-91.
[22]. Laurie Stearns, "Copy wrong: plagiarism, process, property, and the law," California Law Review, Vol. 80, No. 2, March 1992, pp. 513-553.
[23]. Thomas Mallon, Stolen Words: Forays into the Origins and Ravages of Plagiarism (New York: Ticknor and Fields, 1989); Ari Posner, "The culture of plagiarism," The New Republic, 18 April 1988, pp. 19-24.
[24]. Brian Martin, "Plagiarism: a misplaced emphasis," Journal of Information Ethics, Vol. 3, No. 2, Fall 1994, pp. 36-47.
[25]. Vaver, 1990 (see note 12).
[26]. Kohn (see note 17).
[27]. John Baker, Arguing for Equality (London: Verso, 1987); Morton Deutsch, Distributive Justice: A Social-psychological Perspective (New Haven: Yale University Press, 1985); William Ryan, Equality (New York: Pantheon, 1981).
[28]. These two strategies are proposed by Peter Drahos, "Thinking strategically about intellectual property rights," paper prepared for the Forum of Parliamentarians on Intellectual Property and the National Working Group on Patent Laws, 1996.
[29]. The magazine Third World Resurgence has regular reports on this issue. See for example Martin Khor, "A worldwide fight against biopiracy and patents on life," Third World Resurgence, No. 63, November 1995, pp. 9-11, and the special issues on patenting of life: No. 57, May 1995 and No. 84, August 1997.
[30]. GNU's Bulletin, January 1995 (Free Software Foundation, 59 Temple Place, Suite 330, Boston MA 02111-1307, USA; gnu@gnu.org). See http://www.gnu.org/ for the latest description.
[31]. Alfie Kohn, The Brighter Side of Human Nature: Altruism and Empathy in Everyday Life (New York: Basic Books, 1990).
Today, information about citizens is collected by dozens of corporations and government bureaucracies, including police, taxation departments, marketing firms and banks. Cameras and listening devices are commonplace. Technologies to automatically recognise people's faces or hands are being refined.
So central is surveillance that countries such as Sweden, Germany and the United States have been called "surveillance societies." Yet few people are enthusiastic about the increased capacity of large organisations to collect information about themselves. Opinion surveys regularly show that most people attach great value to their own privacy -- though not always to other people's privacy. However, concern about invasions of privacy has not led to a mass movement against surveillance. Privacy campaigner Simon Davies notes that activist privacy groups are folding up or losing energy, though citizen action is desperately needed.
So far, the main responses to the threat of surveillance -- codes of professional ethics, laws and regulations -- have given only an illusion of protection. These responses may be adequate in some circumstances, but they don't address the driving forces behind surveillance: power, profit and control. Codes of ethics seem to have mad