Author Archives: Michael Froomkin

A Koufax Nomination (re: Torture Memos) I Might Actually Have a Chance At

In my third (wow!) Koufax nomination, Discourse.net is nominated for The Koufax Awards: Best Series for my item on the Bybee Torture Memo.

This isn't like my other nominations, where although I'm delighted to be in their company, I think other people so clearly deserve to win that it would be a travesty to vote for me. I could cope with this one.

So, please, if you liked the series, go vote — once.

Oddly, even though the nomination is for a series, it doesn't mention the several related items I wrote, including:

Update: The nice people at Wampum have included the whole list now.

Posted in Discourse.net | 6 Comments

Automated Communal Sharing of (Online) Experiences

Continuing on the theme of not-immediately-obvious ways in which the net moves information, have a look at Terra Nova: Automated Expertise Management. This tells the tale of Thottbot.com,

At first glance, Thottbot looks like a normal third-party MMORPG information site. Try searching for “Fiery Enchantments” – a lvl 42 quest in the game. Thottbot has the details of the quest stored. But imagine I just picked up this quest and I don't know where these “dragon whelps” are that drop the “black drake's heart”. If I follow the “black drake heart” link, Thottbot shows me all the mobs that drop it, their level ranges, and most importantly where to find them. Click on the “map” link next to the lvl 41 Scalding Whelp. Thottbot dynamically generates a map of the zone where these mobs are found and their spawn range. All items, quests, mobs and maps are cross-referenced in Thottbot.

Now, you might think that Thottbot has this information because of constant submissions from good-hearted players (which is how other sites do it), but that's not what's happening. There is a free custom GUI called Cosmos which allows customized toolbars as well as mods that add functionality. Of interest to us here is that Cosmos also sends information (optional) to the Thottbot database from every player who uses it. Every mob, item, quest and player character that is encountered has their stats and location tracked and sent to Thottbot automatically.

In other words, the expertise of individual players is automatically tracked, stored and shared by the system. More importantly, the aggregation of their expertise allows the discovery of what would otherwise be hard to know – the spawning ranges of mobs, the drop rates of rare and uncommon items, and so on.

It's not that hard to imagine how this gets generalized to other types of online activities within structured settings…maybe google searches, ebay bidding strategies, or comparative shopping. It's somewhat harder to see how this helps me outside structured action/query-response environments. But if it did…

Posted in Internet | 1 Comment

Emotional Bandwidth

Because I agreed to give a conference paper on the subject, I've been thinking a lot lately about the way the net moves information — and because I'm such a contrarian sometimes I've been led to think about ways in which the net-as-we-know it fails to move certain important types of information. My plan was to move on to thinking about what we could do about those failures.

Well, time out for a short-circuit as to at least one item on my list.

John Perry Barlow writes in BarlowFriendz: The Intimate Planet, about two lengthy Skype conversations with Asian women who picked him at random to practice their English.

There's lots of human interest in it all, but what really caught my eye was this:

The bottom line is this: they reached at random out into the Datacloud and found a real friend. And I feel like I have been graced with a real friend in both of them. Given the fact that I've been getting interesting messages from distant strangers since 1985, why do I think the big deal? Why is this different? Because these strangers have voices. There's a lot more emotional bandwidth in the human voice. I'm always surprised by the Meatspace version of someone I've only encountered in ASCII. I'm rarely surprised by someone I've only met on the phone. But one doesn't get random phone calls from Viet Nam or China, or at least one never could before.Skype changes all that. Now anybody can talk to anybody, anywhere. At zero cost. This changes everything. When we can talk, really talk, to one another, we can connect at the heart.

The potential of establishing a real emotional connection is exponentially advantaged. And I honestly don't think it would have been any different had they been guys. In the days since, I've received another random call from a guy in Australia. We talked, very entertainingly, for awhile. I'm glad to know him too. (He wasn't trying to practice his English. He actually seems to prefer his version. He was just doing it because he could.)

..

Anyway, I feel as if the Global Village became real to me that night, and, indeed, it has become the Global Dinner Party. All at once. The small world has become the intimate world.

I'm beginning to think this Internet thing may turn out to be emotionally important after all.

Lots to think about. And although it doesn't leverage easily into conversations about governance as such, it may be another step towards creating necessary preconditions for interesting things.

Posted in Internet | 1 Comment

‘Virtual Worlds, Real Rules’ Published

The papers from the State of Play I symposium on law and virtual worlds are now online and also available in a dead tree version. Among them is is Virtual Worlds, Real Rules, a paper I co-authored with Caroline Bradley, my colleague and spouse.

The origins of this paper are amusing. We were in the car one afternoon, driving to pick up the kids from school, and I mentioned to Caroline that I'd come across some interesting facts about Virtual Worlds — that they seemed to be evolving market regulations uncannily like the Uniform Commercial Code (perhaps because the people who wrote the rules mimicked the world they knew). “I know there's a paper in there somewhere,” I told her, “I'm not just sure what it is.”

And, without missing a beat, Caroline told me what the paper was. Which is why she's the lead author.

Posted in Virtual Worlds | 1 Comment

He Can’t Be Serious

Larry Solum's “Legal Theory Bookworm” recommends an article with a most unusual title and topic.

Posted in Readings | Comments Off on He Can’t Be Serious

War Crimes Trials — A Cloud on the Horizon

I am very reluctantly coming to believe that there's about a 50% chance that a senior administration official will face a war crime trial either for ordering or condoning torture, or for the excessive bombing and civilian casualties in Iraq. I think it's most likely to happen after the official leaves office. It might be in absentia. It could be in Belgium, or in Germany, or (least likely) an international ad hoc tribunal. Already, SecDef Rumsfeld has had to cancel a trip to Germany to avoid the risk of prosecution.

Belgium recently changed its law to make it very difficult to launch war crimes prosecutions against foreign officials, and the supreme court there recently dismissed an attempted lawsuit against Bush. But meanwhile, a significant segment of Belgian public opinion appears to subscribe to the sentiment symbolized by this Wanted poster issued by a Belgian activist group:


Recall that the International Criminal Court agreement (.pdf) (to which the US is not a party) would prohibit these sorts of trials against our officials so long as we set our own house in order. But we are not doing that.

I wonder how long it will take the new Iraqi government to join the ICC? Joining would give the ICC jurisdiction over all actions on Iraqi soil dating after the accession. Regardless of whether they were committed by Iraqis. Then again, joining the ICC without agreeing to exclude jurisdiction against US forces would run Iraq into retaliation from the US: the US has halted military assistance to several nations that have refused to sign 'Article 98 agreements' by which they promise not to surrender US nationals to the ICC.

Update: If I had to bet right now, I'd bet it's the wanton harm to civilians (which I suspect is vastly underreported in the US) that would be most likely to trigger a trial, not the prisoner abuse. But should these allegations of systematic rape in captivity, coupled with claims that the Pentagon is stonewalling by trying to avoid inquiries prove to be true, that might alter the odds.

PS. As noted in the comments, my intent in this particular post was to be positive, not normative. Under what circumstances if any a foreign war crimes trial of a former US President or Cabinet official could ever be be a good thing is very hard for me to think coherently about, as I so passionately want the US to act in a way that makes the whole question absurd.

Posted in Iraq Atrocities | 4 Comments