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Berkman Center Clinical Program in Jamaicacharlie’s angels

Jackie Harlow, Diane Lucas and Alex Lee — Harvard Law atudents, in Jamaica for five days work on a clinical assignment. They are documenting the concerns of inmates and relatives upon entry into GP, General Penitentiary.
Here is their audio impressions of the first two days.

Jackie Harlow’s Journal
first entry
second entry

A t 02:02 PM 10/22/2005, Jacqueline Harlow wrote:
Thanks for asking about the journal entries. If you think they are helpful to the project, then I absolutely don’t mind that they’re posted. Also, while I think that the content itself should probably be left as is, I would like to correct some of the many typos if that’s possible. I may be digging myself quite a hole by leaving the content as is – at some point I disparaged patent litigation as a career – but I think that rawness adds to the entries. Besides, if I start editing the posts, that might steal the thunder of the forthcoming critique.
😉

X-Sieve: CMU Sieve 2.2
From: Jacqueline Harlow
Subject: Re: Re:
Date: Sun, 23 Oct 2005 16:30:10 -0400
To: Charles Nesson
X-Mailer: Apple Mail (2.623)
X-Virus-Scanned: amavisd-new at harvard.edu
X-Spam-Checker-Version: SpamAssassin 3.0.2-soc_rev_28 (2004-11-16) on terri
X-Spam-Level:
X-Spam-Status: No, hits=-30.6 required=4.0 autolearn=no
version=3.0.2-soc_rev_28

I do recognize that there is a chip on my shoulder tone to the journal entries. I took that tone intentionally, although perhaps naively.
When I started writing, I saw the establishment as an impediment to what Kevin is trying to do. The bureaucracy we witnessed at the Commissioner’s office on Friday, combined with Kevin’s clear frustration with the Department reinforced that impression. The Commissioner and his colleagues provided an obvious antagonist for the story I was telling. And treating them as such, while sometimes an oversimplification, made the story an easier one to tell. Super hero takes on stagnated, unfeeling establishment to give society’s cast-offs a voice and a second chance. I sought to generate interest in the story by playing up a conflict between old and new. I wanted to excite people about what Kevin is doing, and point my finger at an institution that everyone should work to change. While I still see some worth in that approach – especially for my own growth – I think it was shortsighted. I didn’t spend enough time thinking about who my audience would be and what I wanted from them (more on that in a few paragraphs).

The journal entries are meant to reflect my feelings at the time I was experiencing them. Even the entries written or completed later always refer to the present, to today. I intentionally did my best to avoid reflecting on my experiences when writing the journal. I wanted to capture the passion of the moment. I wanted to minimize the degree to which I polluted the raw experience with reflection. Before writing about any particular day, I would sit with my eyes closed, listening to my favorite works from Beethoven and Chopin, and floating back in time to the day I planned to write about. Doing my best to raise the emotions of that day to the surface. I did this for myself more than anyone else. The trip was an opportunity for me to see a world where people dedicate their careers to doing something good for the world.
For the past few months I’ve been putting off accepting an offer with a law firm that I like as much as someone like me can like a law firm, hoping that I might find something better to do with my life. I really wanted to capture the feelings I experienced to help motivate me to follow my heart, not to take the easy road of drafting district court briefs challenging the validity of patents for ridiculous sums of money.

Sometimes I questioned my approach while I was writing, but for the most part it seemed to make sense. And it made it easier for me to write – so often it’s a simpler task to cut than to mend, to question rather than to explain. Retrospectively, I think the tact I took revealed my lack of experience, and probably did more to impeach my credibility than to excite people about the story. The good versus bad theme is never the whole story, and likely my audience recognized that. I’m sure that many who read the journal walked away with the impression that I am young and emotional. Fiery and impatient.
Perhaps even closed-minded.

I wrote as though I was speaking to myself, or to an auditorium of college students that I wanted to incite to action. I was not thinking about the importance of appealing to leaders and academics with my entries. I wrote an impassioned and sometimes indignant stump speech, not an objective report. I should have offered more nuance to my readers.

This is especially so given the purpose of the Cyberstrategy Conference. Business leaders are unlikely to want to invest in a program if they see it as a maverick, anti-establishment program. They would rather hear a story about how Kevin is helping the Department to evolve. About how he is working with the Department to create opportunities and improve how the Department works. Likely, they don’t want to be associated with an attack on the government. Similarly, the intellectuals and academics interested in the story are probably interested in building relationships instead of tearing them apart. In reforming the system from the inside, as well as the outside. I imagine that it would have been more productive for me to provide a deeper, more analytic characterization of my experience. I’m still not convinced that there is no place for what I wrote, however. Rather, I think it needs to be examined critically, and then explained.

I would be OK with Kevin reading the journal. Less so with the Commissioner and Mrs. Jarrett. Not because I disparaged those two, but because I was not fair in my treatment of them. I did not ask how they ended up the way they are. Nor did I emphasize the importance of their work or the good that they have done. I took cheap shots for the purpose of inciting my readers, and didn’t bother to paint the full picture. I thought about that sometimes when I was writing, but never did anything about it. As for Kevin, again, I’d like to fill out my discussion of Kevin a bit more. I have a lot to say about him. I might be guilty of turning Kevin into a one-dimensional character just as I did with Reese and Jarret. Even though he received much more favorable treatment, I’d still like to tell that aspect of the story better.

I think that it would be a great exercise for me to write a few entries reflecting on the experience as a whole. Putting the puzzle together, analyzing the dynamics of the situation more thoroughly, and exploring my own emotions and reactions. Perhaps one on SET, another on the Commissioner and Mrs. Jarrett, one on Kevin. I hope to have time to do this soon.

Thanks for posing these questions. I’m terribly interested in your response to my answers. A little nervous too, because I suspect that you’ll have many things to say that I haven’t even come close to thinking about. That’s where the learning comes in, though.

As an aside, I’ve been thinking about law as poker. I think that I think about the game in the wrong way. I tend to look around the table and ask “what result do I want from everyone here” without taking enough time to appraise the situation or really think through my goal (is what I think I want actually what I want? is it the best outcome possible?). I am generally thorough in thinking about how I am going to get what I want out of the other players, but that doesn’t really matter if I’ve misjudged what it is that I want. I think that I tend not to forecast far enough into the future. Two moves ahead instead of six. It doesn’t help that I can be rather strong-willed, and can turn into a pit bull when I feel provoked. Those two I have been working on. But it wasn’t until this week that I started thinking about the larger faults in my poker strategy.

Jackie, The strong points that shine out to me from your journal entries so far are your willingness to engage and honestly report, your strong narrative sense, your fluency and power in expressing yourself. You are open to the experience before you. You engage me as a reader and allow me to share your adventure. You give me opportunity to feel what you are feeling and to learn with you. Here are points for you to consider. You write with what seems a chip on your shoulder. Do you recognize this? Is this intentional? What is your motive? What does this say to your reader about your identity? Is this expressive of your feeling at the time, thus a contemporaneous report, or does this express the wisdom of your reflection? Are you comfortable with Kevin, Mrs. Jarrett and Major Reese reading your account? Who are you imagining as your audience?

charlie

On Oct 22, 2005, at 1:25 PM, Charles Nesson wrote:

Jackie, is it okay with you that i am posting your journal entries? http://cyber.law.harvard.edu/nesson/blog
i apologize for not asking this of you sooner. If you want me to take them down, or if you want to edit, please let me know.

To: Charles Nesson
From: Jacqueline Harlow
Subject: a pop quiz
Date: Thu, 10 Nov 2005 22:03:06 -0500

JOLT hosted a talk by Annalee Newitz tonight. Annalee started her
talk by saying that she was going to make certain assumptions, and
that her assumptions are right. Period. My knee jerk reaction was
to want to argue with her about her position. To criticize it and
cast it into doubt. But I caught myself. And I started thinking
about questions I’d like to ask, constructive questions that would
help me to get at why Annalee takes the position that she does and
who she is. Once I did that, I started listening – really listening
– to what she had to say, and how she was saying it. Looking for
little nuggets of Annalee’s truth, and her story. Not only did that
simple change in perspective make the talk enjoyable, but it also
helped me to see things differently, to hear what was being said, to
learn and absorb what I would likely have missed otherwise, and to
get to know Annalee and the audience in a way that I wouldn’t have
otherwise.

At 08:54 AM 10/21/2005, you wrote:
Charles Nesson wrote:

> Ethan, your blog is awesome. i see an energy that no other medium
> could so gracefully express. The flow of intelligence and engagement
> is almost frightening.
>
>
You’re wonderfully kind, Charlie. I’m cheating today – all I really have
to do is be a scribe, as the folks Andrew Zolli puts on stage at
Pop!Tech are consistently excellent… indeed, tomorrow Rebecca will be
on stage.

Hope the rest of your Jamaica trip was as wonderful as the beginning.
Take good care.

-E


Ethan Zuckerman | ezuckerman@cyber.law.harvard.edu
Research Fellow, Berkman Center for Internet and Society
413-441-3380 | http://www.ethanzuckerman.com/blog
http://globalvoicesonline.org | http://worldchanging.com

SONGWITHTALKJAMAICA

growth facilitators logo

The Jah Cure Saga

The Victim
You
heard what she had to say

The Charged, Convicted, Sentenced and Serving

Now
hear what he has to say.

This is Jah Cure. He’s recording in the computer lab at Tower Street.

The Issues are Jamaica’s.

CyberStrategy Jamaica will invent open process to allow Jamaica to consider and resolve issues that divide it. This is CyberStrategy.

Jimbo Wales — High Mountains Free Culture Will Climb

He opens with reference to Hilbert’s list and offers his own. For each of these items I imagined a link to the audio of Jimbo speaking, but my battery ran out. Were this a wiki not a blog I could invite others to fill in.

free encyclopedia:
free dictionary:
free curriculum:
free music
free map
free art
free file format
free product identifiers
free search engine

Jimbo lays out these ways in which free culture will express itself. He asserts this predictively, He feels it, knows it’s true. He speaks for a growing circle of people, expanding in number over time as waves of spreading understanding. With each push the wave gets stronger. More people come to see that yes, we are in new reality. Core insight about the structure of the net comes clear. We can connect with whom we want, if only they want to connect with us. We can build structures in the net out of softwares that make connection productive and fun.

People who like to connect like to share. People who like to share like to trust. The net provides us interesting and powerful ways of doing this. In the battle of good and evil rhetoric structures the game. It’s poker, with rhetorical chips, stacked in story strength.

The force that will draw us forward toward the expressions of free culture Jimbo describes is evolution determined by the architecture of cyberspace. In an environment that facilitates sharing, those who learn to do it well will have competitive advantage. We are building self-sustaining software structures that facilitate aggregation of shared value. We can build more, with near boundless aspiration.

Jimbo likened his list to Hilbert’s. Ponder the Goldbach Conjecture. Jimbo’s list is not the same. He’s more engineer than mathematician. He knows he could create the technology and organization toaccomplish any one of the items on his list, and probably would if he did not already have his hands full. Who will take on the task?

One point he perked up on. Bill McGeveran observes that librarians resonate to recognition of the problem of reading and translating material recorded in formats of the past. Yes, we could see that to scholars of the past that problem would loom huge. I perked up too at this powerful example from the library world of the potential utility of open format standards.

Kevin’s Message: Can Jamaica be Saved?

In the year 2000 I went into the prison to partake in what has evolved into an upward movement of the minds of those incarcerated. I had no idea as to where we would end up. All I knew is that I wanted to do something positive. It was with that intention that I went to the prison each and every time. There were times when there was no place for us to meet and we met anyway. Sometimes it was under a tree other times it was in some little corner of the prison. I never gave up on the program and it’s possibilities. I saw very quickly the difference it made in the lives of those were participating, and that included me. Each time we met I walked away knowing that something amazing just happened. For those of us who were present we were never to be the same again that to me was enough to keep going back.

How can jamaica be saved? Can it be saved? And can SET play a role?

The answer is yes to all the above. Imagine for a moment a Jamaica that has adopted the principals of SET. A Jamaica that has decided that in order to move forward all it’s citizens must be given a voice and an opportunity to play a role in the development of there communities. Imagine a Jamaica where the people realize that they are the government and stop thinking of the government as being something that exists outside of them. What a Jamaica that would be. The idea of getting into politics is one way of getting this done however I do not think we should even think along the lines of politics, reason being the ignorance that seems to follow that seems to follow that word might just follow us aground too. But what about this idea:

What if we could get people to buy into the SET concept as a way of life and, just like the church, SET could become a movement, and just like we have our weekly meetings with the different SET groups in the prisons, the same way we cold have meetings with the individuals involved in the SET movement. And then slowly but surely we could create waves that would take Jamaica by storm.

Think about it. Those among us that can’t read and write, we would get them up to speed. Those who can read and write would teach those who can’t.

Charley think for moment what we do in the prisons now and imagine for a moment using that same concept to change Jamaica, one community at a time.

Non-denominational non-threatening absolutely powerful.

You had a vision of me being the pastor of the church, well here is how I see it happening.

I can see the headlines now: “ The SET movement takes Jamaica by storm.” There would be SET centres in every corner of Jamaica. That Charley I know is possible. If it can work in a prison, it can work in a school, if it can work in a school, it can work in a community, if it can work in a community it can work in a Nation.
Wow, Wow, Wow

Open Standards — Defensive Suspension

The day began yesterday with an email from Z enclosing Steve Lohr’s article in the New York Times:

Wow — what a great piece on the epolicy report!

Plan by 13 Nations Urges Open Technology Standards

By STEVE LOHR
Published: September 9, 2005
In a report to be presented at the World Bank today, a group that includes senior government officials from 13 countries will urge nations to adopt open-information technology standards as a vital step to accelerate economic growth, efficiency and innovation.

The 33-page report is a road map for creating national policies on open technology standards, and comes at a time when several countries – and some state governments – are pursuing plans to reduce their dependence on proprietary software makers, notably Microsoft, by using more free, open-source software.

The project, begun by the Berkman Center for Internet and Society at the Harvard Law School, gathered government officials from China, India, Thailand, Denmark, Jordan, Brazil and elsewhere at a three-day meeting in Silicon Valley in February to discuss technology standards and economic development. The meeting was followed by e-mail exchanges, conference calls and postings on a shared Web site.

The group defines an open standard as technology that is not owned by a single company and is openly published. Still, there is a huge debate in industry and among policy makers about how far openness should go.

The report makes clear that government policy should “mandate technology choice, not software development models.”

It also points out that open technology standards – the digital equivalent of a common gauge for railroad tracks – are not the same thing as open-source software. Open source is a development model for software in which code is freely shared and improved by a cooperative network of programmers.

Even so, the spread of open-source software in recent years has probably been the most striking example of the benefits of openly sharing information technology to reduce costs and make it easier for users themselves to innovate.

“Open source does not define an open information and communications technology ecosystem, but it can be an important transformative element,” the report states. “To date, open source has been the most disruptive element of the entire open agenda, provoking re-examination of information and communications technology ecosystems and policies.”

Even though the report did not name any companies, Microsoft, the world’s largest software maker, has been the prime target of open-source advocates. And the Berkman Center sought support from I.B.M. and Oracle, two Microsoft rivals, to help pay for the three-day conference. Both are champions of Linux, the popular open-source operating system that is an alternative to Windows from Microsoft. (Microsoft is a corporate sponsor of the Berkman Center.)

In the last few years, Microsoft has been an active participant in Internet and Web groups that have developed standards so that data can be shared by different software programs. That allows the information – about a person or bank account, say – to be exchanged, but the digital equivalent of the envelope carrying the information can be proprietary.

Some countries and states want to go further, promoting the adoption of open formats for documents, spreadsheets and presentations, which are alternatives to Microsoft’s formats for its dominant Office programs like Word, Excel and Powerpoint.

The state of Massachusetts, for example, recently proposed shifting to open-document formats in government offices. The comment period for its proposal ends today. Microsoft, in a statement, said that standards for data sharing are a good idea, but “we don’t believe that the proposed mandate for a single document format is the best solution for achieving these goals.”

Charles R. Nesson, a law professor at Harvard and a founder of the Berkman Center, said the group’s report was intended mainly to make a “rational business case for having a broad base of open technology standards” and that both proprietary and open-source software could work on top of that standards layer.

But as more standards are added, the layer gets thicker, moving into the markets for proprietary software. “It is a phenomenon that pushes up against Microsoft,” Mr. Nesson said.

At the World Bank, the interest in open standards mostly involves using them as a tool to help stimulate economic growth in developing countries. “If you’re using technology to alleviate poverty, then openness is a compelling alternative,” said David Satola, a senior counsel at the World Bank. “There are key elements in this report that could be used to shape national policies on technology standards.”

****

Next came the event at which I presented the Roadmap, at the World Bank under David Satola’s fine moderation, webcast and archived on the web at rtsp://streaming3.worldbank.org/ISGVideo/ISGIA/10440272/openictecosystems.rm

Then Slashdot — here’s the link:
http://it.slashdot.org/it/05/09/09/1228237.shtml?tid=230&tid=215&tid=218&tid=137
The comments are lots of fun and filled with intelligence.

Here’s the Roadmap: http://cyber.law.harvard.edu/epolicy/roadmap.pdf

Key is its definition of openness to include “defensive suspension”. This is the term to pick apart in order to deeply understand. This is where the rubber meets the road for one in possession of power in the form of legal right considering whether to contribute it to a community of trust. Hesitant holders of intellectual property claim need of Defensive Suspension to assure them that they won’t get fucked.

Now questions of next steps.

Morning Blog: IM with Palfrey

charlesnesson: hey
jgpalfrey : hey!
jgpalfrey : are you around?
jgpalfrey : talk today?
charlesnesson: in kingston
jgpalfrey : I am in office
jgpalfrey : no way!!!
charlesnesson: just sent you email
jgpalfrey : ok one sec
charlesnesson: if you want more I’m sending a note just prepared for jie in beijing.
jgpalfrey : I don’t see it yet
jgpalfrey : is that possible?
charlesnesson: weird, it shows a check next to it in my outbox, but really, just sent
jgpalfrey : aha — now there
charlesnesson: anyway, my question is whether i can invite folks to Berkman to talk about the idea of a global born digital repository on October 15-16.
jgpalfrey : it’s no problem for me
charlesnesson: cool
jgpalfrey : but let me check around to see if anyone has objections based on time conflicts
charlesnesson: ok
jgpalfrey : I don’t imagine that the Jamaica event will require much staffing on our end, if any at all, right?
jgpalfrey : so I doubt there’d be a problem on that score
charlesnesson: :- – Cyberschool – –

Internet Democracy

We the People now have power to express ourselves and to aggregate our expression through the net. This is an awesome power. Aggregation is driven by Shannon’s Surprise.

Demonstrate Moderation – Medical Marijuana

Jamaica Case Study II: SSET CyberSchool

I had an opportunity to describe and explain the work I have been doing in Jamaica to the Oxford Internet Institute Doctoral Summer Program in Beijing. This is the best explanation I’ve managed to date of the character, strategy, and trajectory of our Jamaica voice.

– – Amplifying Jamaica’s Voice – –

The SSET logo was done by Jasmine Ma, a student at Harvard in the Education School and fellow in the PTIF Program.

An earlier Jamaica post links to several significant background documents.

Hear this voice on Jamaica:
“War occupies a prominent place in the Jamaican imagination, but when people talk of war, they more frequently refer to the ghetto-blasting gun-battles that routinely erupt in downtown Kingston. Since the 1970s, Jamaica has been in a state of perpetual war. The noxious combination of U.S. cold-war and drug-war policy, the American arms-industry, and “misguided” leadership has militarized the pork-barrel politics that splits the city into warring garrisons.”

That’s Wayne, the dubble dubble you, Wayne&Wax, who teaches music in our SSET CyberSchool. He speaks about Jamaica in both music and text with knowledge, art and passion.

The Future of the Berkman Center

Blog for Terry

Date: Tue, 28 Jun 2005 14:28:04 -0400
From: William Fisher
To: Charles Nesson
Cc: zittrain@law.harvard.edu, jpalfrey@cyber.law.harvard.edu
Subject: Re: morning blog – The Future of the Berkman Center

It’s OK with me if you want to post the recording. It’s honest, accurate, painful. I have no confidentiality concerns with it. I share your hope that the end of the buttonhole is near, that we can restore friendship and trust. Indeed, despite our continueed disagreement on many fronts, I felt/feel that a reconciliation process has begun. The initiative to convert the Berkman Center to a university-wide center could be the occassion to continue the reconciliation — or not — depending on how we play it. But after the long talk last night, I’m hopeful.

The only question I have concerning the recording is whether you yourself want to post it. It’s painful, confessional, implicitly accusatory (suggesting that I failed to appreciate the real substance of your talk in Singapore). That’s the sort of thing I would want to keep private. But we are very different people in this regard. So my own sense of what I would do if I were in your shoes probably has little relevance.

Terry

Charles Nesson wrote:

I’d like to post this but hesitate. If you have objection to all or any part I will edit accordingly.
http://cyber.law.harvard.edu/eon/The_Future_of_the_Berkman_Center.mp3 (5 min.)

Jamaica Case Study

Yesterday i presented our jamaica project to iLaw: CyberStrategy for a Developing Nation: Case Study – Jamaica. For those who would like to delve deeper, here is Glenn Otis Brown’s scathing but also beautifully written report of our visit to Tower Street GP December 2001, to show how far we have come and how long we have been at it.