June 17, 2011

Social Media and the Future of the Legal Profession

Posted in Best practices, Courts and social media, Facebook, Judicial misconduct, Jury misconduct, LinkedIn, Productivity, Social Media Tools, Social networking policy, Twitter, Uncategorized, Web 2.0, Web 3.0 tagged , , , , , , , , at 5:02 pm by bizlawblog

The defence restsphoto © 2009 Southbanksteve | more info (via: Wylio)As I write this post, I’m watching the judge in the Casey Anthony murder trial in Florida, who has been dealing with the issue of whether or not defense counsel is inappropriately texting during witness screening. A couple of days ago, as I was preparing a final draft of my material for the upcoming Kentucky Bar Association CLE series of sessions around the state on social media ethics and forensics for attorneys, I watched the same judge admonish those in the gallery not to use the cameras on their cell phones and other digital devices, not to try to capture or otherwise “publish” pictures of any of the evidence the attorneys were presenting during the trial. Because of the graphic nature of some of the photographs, the judge apparently had decided to obscure some parts of what he was going to allow to be released to the “public” and didn’t want that preempted by those watching in the courtroom, who otherwise could (and presumably would) rush to be the first to publish these online in real time.

The practice of law has certainly changed in many ways over the 45 years I’ve been in practice. Decades ago, I was probably one of the first small firm lawyers in my state to buy a PC, after reading an article that said one of the big firms in town had just purchased 300+ computers and put them on the desk of every lawyer and paralegal in the firm, and mandated, as a form of on-the-job training discipline, that the lawyers wouldn’t get paid unless they kept their time sheets online. Probably a decade later, I was again one of the first in my state to post a Web site for my practice, with my eldest son (then age 16) doing the heavy lifting writing the code.

Where are We Going and How Will We Know When We Get There?

The extent to which the legal profession will ultimately be changed by technology, and in particular by various, still emerging forms of social networking, is still to be seen. There will always be those members of the bar who are compelled to explore and plant their flag in and on some piece of what they anticipate will be our future. One such example may be indicated by the work of Greg Lastowka, who has published a 241 page book, Virtual Justice: The New Laws of Online Worlds.

Mapphoto © 2007 Aaron Harmon | more info (via: Wylio)With reports that on-line video games are being used for money laundering, perhaps Lastowka really is ahead of the curve on this. According to a post in the Video Game Law Blog (yes, you read that correctly), criminals have been using on-line video games, or virtual property used in on-line games, to launder money. According to the story, they use stolen credit card information to buy virtual property (items, currency, etc.) on one of the various virtual property exchanges, then shuffle the property between various in-game characters to hide the trail, and, finally, sell the property on the same or a different exchange in return for cash. The extent of the activity has apparently been enough for law enforcement officials (and lawyers) to take notice. Looking for a new branch office? Try a virtual world. Seems to be a lot going on.

The transition from relatively static Web sites with “brochureware,” to more interactive sites took over a decade. According to some, the transition of lawyers experimenting with moving from “brick and mortar” buildings to “virtual offices” has “turned the traditional business model for a law firm on its head.” The proliferation of experiments with such virtual offices has indeed sparked criticism, including a post by Florida lawyer, Brian Tannebaum, who took issue with lawyers putting a picture of a big, impressive building on their Web site for the presumed purpose of “pretending you have a certain amount of experience, or credentials, or yes, even a certain type of office.

Are you still struggling with “multi-tasking?” Imagine then, if you can, what we might expect in the way of criticism of social media experiments by members of the bar, as we move from the era of lawyers experimenting with basic blogs to practicing in an era of transliteracy, holographic video conferencing (with “smell” to be added later), intelligent agents for virtual environments capable of autonomously evolving to self-improve, and a host of things currently beyond our comprehension or imagination.

Augmented reality” (AR) applications have already started to creep into our lives. “While Lawnmower Man may have led us to believe the future was a virtual one, it seems that in fact augmented reality (the overlaying of digital data on the real world) is where we’re headed.” Early applications were interesting gadgets and toys, but real progress is starting to become evident.

One example of progress toward practical, every-day use of this technology for lawyers is found in something called the NAI mobile architecture application. Although not built for lawyers, the press release should give some glimpse (for those with imagination) to applications specifically for the legal profession.

“UAR, the NAI mobile architecture application, provides information about the built environment on the basis of text, image, archival material and film on an iPhone or Google Android (and on Nokia phones at a later stage). By means of advanced 3D models, right in the middle of the city UAR shows you on your phone what isn’t there. The city as it once was – for instance by showing buildings that once stood there. The city as it might have been – by showing scale models and design drawings of alternative designs that were never implemented. And the city of the future – by showing artist’s impressions of buildings under construction or in the planning stage.”

“AR can be used on phones with a camera, compass and GPS. Point the phone at a building and you see the building on your screen with a digital layer of information on top. See, for instance, what the original design of that building looked like, or compare a design by a different architect.”

If you still doubt that this sort of technology has anything to do with lawyers, social media, and ethics you might want to guess again. The NAI app. was built using technology developed by companies like Layer. “Layar is a mobile platform for discovering information about the world around you. Using Augmented Realty (AR) technology, Layar displays digital information called ‘layers’ in a user’s field of vision through their mobile device.”

Patti Maes Projectsphoto © 2009 Steve Jurvetson | more info (via: Wylio)Play the video you can find from the links in last link above or this one showing a presentation on TED: Sixth Sense Tech of the Future, YouTube video uploaded March 21, 2009. They easily demonstrate some of the many uses of AR, allowing you to see the real world with a digital overlay of any sort of information. Imagine having something akin to a teleprompter pushing information to you just as you need it. Add virtual retinal display (VDR) technology to this, plus a few enhancements, and you have Mobile Device Eyewear of the sort already marketed by companies like Microvision. Take a look at their gallery for practical examples, including the “Social Network Master,” and one designed for presenters at seminars, allowing the user to see prepared material, receive real time updates from remote sources, and much more.

The inevitable aggregation of other technologies could include facial recognition, document imaging, and biometric tools that make our current “lie detector” technology seem like a hand cranked phone. I would venture a prediction that within a few years, a lawyer could sit in a meeting (or maybe even a trial or important negotiating session), and be able to look at a person or object (or holographic image of a remote, proposed, or no longer existing object) while background information about it and its relevance to the proceeding is concurrently displayed on eyeglasses.

minority-report-01photo © 2009 eyeliam | more info (via: Wylio)Simply extending the concept of the data streams for the NAI application mentioned above, could arguably allow a personal injury lawyer to visit an accident location, and while viewing it in the present, see an overlay of information about what the location looked like in the past, what it could look like in the future, based upon specific projections (ex. RFP bids for road improvements to a dangerous intersection), as well as visualizations used in trials by other lawyers who had also had a client injured at the location. The link to the social media is that in the Semantic world, much of the data is provided by social interaction, such as posting a call for help on a LinkedIn forum, something I see more than once every day within the 50 or so LinkedIn groups I prowl for information about business deals, litigation, etc.

Likewise, this eyewear should allow the user to immediately recognize a document (pulled out of your file or by your adversary from his or hers), display information such as drafter, date of creation, known copies and recipients, etc, as well as perhaps concurrently projecting a line of questions being streamed from an associate in a remote location, objections to admission as evidence generated by an artificial intelligence program from the lawyer’s form file archive, etc. Much of this is possible now, and contracts such as those from DARPA’s Urban Leader Tactical Response, Awareness & Visualization (ULTRA-Vis) program (an advanced technology development initiative, whose objective it is to build a soldier-worn system that provides non-line-of-sight command and control in distributed urban operations for dismounted soldiers), will likely bring initial costs down to affordable levels. Keep in mind that the mechanical parts cobbled together by folks from MIT for the augmented reality system shown in the TED video referenced at footnote 23, cost only a few hundred dollars.

Attorneys are under an ethical obligation to remain students of the law, as well as the applicable technological advances impacting it. The social media era is bringing us a paradigm shift, whether we want it or not. It should be a good thing, as we learn to access new sources of information that can help us help our clients. As with the emergence of e-discovery, to be effective, competent, and uphold ethical duties, attorneys must continue to learn, and pursue a balance between zealous representation of clients, duties to the profession, and ongoing co-evolution of law and information management techniques.

The legal ecosystem will also have to take off the powdered wigs and deal with a customer mentality that expects pizza to arrive at the door within a few minutes. Now, some such as LawyerUp are trying to even provide that. According to company founder, Chris Miles

“If I want a pizza, I can get a pizza in 15 minutes,” he says. “I can get a plumber in the middle of the night. Why can’t I get a lawyer?”

Has the legal system, notwithstanding earlier online services, now gotten to the point of offering a legal services plan so we can say
“there’s an app for that?”

December 13, 2010

Can We or Should We Build a Self-Evolving Data System?

Posted in Best practices, Productivity, Uncategorized, Web 3.0 tagged , , , , , , , , , , , , at 1:22 am by bizlawblog

Anders Sandberg on the Ethics of Uploadingphoto © 2009 David Orban | more info (via: Wylio)

I recently had the opportunity to attend a CIO Practicum at the University of Kentucky. The session, entitled, “Process Knowledge; The Left-Brain Side of Ignition,” was faciliated by futurist, Thornton May.

The primary issue involved our relatively new ability to digitize mission-critical business flows, which has provided us with a rich new source of organizational learning and competitive knowledge. The primary question was whether or not we are using that knowledge opportunity properly. The secondary question related to whether or not we were learning what we should.

I’ve been interested in information management and knowledge processing for quite some time. Maybe it is the ADD, or perhaps seeing both law firm and consulting clients do well or not so well with it, but it has remained an interest of mine for years. I’ve experimented with a host of KM applications to make life easier on myself and my consulting clients. I’ve read a ton of books, such as Taming the Information Tsunami, by Bill Bruck Ph.D., but eventually started to develop my own systems to keep track of court dates, client needs, topical information to archive and retrieve, etc.

IBM 1620 data processing machine on display, Seattle World's Fair, 1962photo © 1962 IMLS Digital Collections & Content | more info (via: Wylio)Several years ago, I worked with a consulting client that was attempting to merge two law departments.  During the initial analysis stage of the project, I found that the director of one of the law departments regularly received a stack of reports on the corner of her desk. This “report” was a compilation of data various predecessors had felt important enough to warrant being turned into paper copies. The stack of paper was several inches high.

The new law director found that it took her an unconscionable amount of time to try to wade through the data, and likewise found that it regularly failed to provide information she needed most to properly manage her department. She then developed a list of new data to be reported and abandoned the old stack.

While it might be interesting to ask the former law department directors to review this decision to abandon the data they felt important to governing their operation, it might be more interesting to analyze what sort of data was collected at various points in time, compare it to how useful it was at that time to those who asked for it to be collected, and to try to spot trends and forecast the most expeditious methods of data collection and use in future.

EHR Interface Design = a giant MESSphoto © 2008 Juhan Sonin | more info (via: Wylio)I was somewhat surprised that most of the CIOs at the Practicum agreed that many decision makers in their organizations seemed to demand collection and reporting of so much data that, in the final analysis, this practice could actually be a source of managment paralysis. So much of the organization’s resources were devoted to collection of and analysis of minutiae, while core questions were overlooked, that critical decisions were constantly jeopardized.

I recently read an article by Scott Belsky, Beware of Reactionary Workflow. Belsky makes the point:

… we live our lives just trying to keep our heads above water. Our ability to prioritize and control our focus is crippled by an unyielding flow of incoming communication: email, texts, tweets, facebook messages, phone calls, and so on (and on).Without realizing it, most of us have entered the new era of what I call “reactionary workflow.” Rather than being proactive with our energy, we are acting in response to what is incoming. Having relinquished control over our focus, it has become harder and harder to embark on our work with intention.

2009 Bay Area Maker Fairephoto © 2009 Jeff Keyzer | more info (via: Wylio)Some say my mind works in strange ways, but what this “information tsunami” brings to the surface to me is that, on the one hand, our ever increasing ability to “digitize” essentially everything is a “plus” in such areas as robotics, but on the other, it can lead to human paralysis. We are simply being out analyzed by the machines and “AI” systems we are building.

“Way back” in 1997, IBM’s Deep Blue robot defeated the reigning World Chess Champion Garry Kasparov. More recently, Rick Martin wrote about a “Chess Terminator” who played another former chess champion. Martin notes that “the robot is apparently quite energy efficient as well, as Kosteniuk has claimed that it can continue playing for 24 hours a day for three years straight.” Although this match resulted in a draw, it produced an element of drama unintended by the human creators:

The Chess Terminator does have some flaws, however. Note that around the 2:45 mark Kramnik extends his hand offering a draw, but the robot – since it’s not fitted with any kind of optical device – just keeps playing, very nearly taking off Kramnik’s hand in the process!

Being a science fiction “nut,” you don’t have to say “Terminator” more than once to get my imagination flowing. The word conjures up hours of watching movies of former “Governator” and “Terminator,” Arnold Alois Schwarzenegger, overpowering human kind in his role as a cyborg assassin, whose sole mission, in the original, 1984 film, is to destroy humans as part of a military artificial intelligence system called Skynet.

Skynet, of course, becomes self-aware in the movie, and then decides human error and relatively slow reaction time of humans is a threat to its mission of providing the fastest and most efficient response to enemy attack. Naturally, the scifi response calls for it to embark on destruction of humans through the use of self-aware cyborgs, such as the Terminator.

I’m not ready to give up my Roomba® vacuum cleaner, for fear it will evolve into a Terminator, but I do fear that some of the artificial intelligence systems are capable of outpacing human ability to understand and, perhaps, to control them. We seem to be more capable of instilling ever increasing amounts of data and data analysis capability into things we build, but not necessarily into ourselves.

1956 ... Altaira's hit single!photo © 2010 James Vaughan | more info (via: Wylio)In a host of movies, including such classics as The Time Machine and Forbidden Planet, a subtheme is that creators of powerful machines and systems build them to such perfection, and then become so dependent upon them, that some intervening holocost or their own arrogance eventually leads them to the point that they no longer control them. The result is never pretty, at least in the science fiction world.

One reason for my fascination, however, is that it sometimes provides a way to forecast the future. Without the need to stray too far from the genre, one can peruse such books as William Shatner’s I’m Working on That : A Trek From Science Fiction to Science Fact. In addition to chronicling a number of now common inventions foreshadowed by science fiction authors, Shatner points out the threat that unleashing “technological genies” from their bottles without due consideration for the consequences, can lead to a bad result for humans, perhaps including the “ultimate hubris,” of trying to play God.

Hindsight can be a wondeful thing, but obviously not as valuable as foresight. I do believe that in many ways history does repeat itself and that in looking back, we can often use analysis to help prevent making the same mistakes in future. As Albert Einstein is often quoted as saying, one of the definitions of insanity is “doing the same thing over and over again and expecting different results.” He is also credited with saying “the problems that exist in the world today cannot be solved by the level of thinking that created them.”

I’m sure many would challenge the following thoughts, but it seems to me we already know that:

  1. we have a rapidly increasing ability to “digitze” information so that, as one person said at my table at dinner during the CIO Practicum, we are heading toward the time when every cell in our body will have something like its own IP address;
  2. the amount of data we are collecting and attempting to analyze is starting to exceed our ability to effectively use it to accomplish the goals for which it is collected;
  3. much of the data being collected and reported is the result of legacy thinking no longer relevant to the “mission” of the data collectors;
  4. we are building ever more “intelligent” machines to sift through this data tsunami and react to it because they can do so more effectively than we humans can;
  5. as the amount of data being reported to us increases, and we are involved in an increasing level of multi-tasking, we may be decreasingly competent to effectively verify the accuracy of data or use it without relying upon “the machines.”

While reliance on our machines seems to never end well for humans in science fiction tales, with the possible exception of R2-D2 and a few others, we seem hardly capable of stopping our progress toward creating more intelligent machines. Creating machines that free us, like my Roomba® robotic vacuum cleaner, hopefully allows us the “free time” to be more creative and to accomplish things other than developing another tool which might accidentally lead to the self-destruction of the human race. There are clearly a multitude of robotic creations designed to save human lives. Others, such as the system highlighted in the following short clip, can be both useful and a way to show the “cutting edge” technology available for use by a major world bank:

Right and Left Sides of the Brain / Day 126photo © 2007 Aaron Goselin | more info (via: Wylio)

At the risk of seeming like the technophobic character played by Will Smith in the movie, iRobot, loosely based on Isaac Asimov’s works, I do have to wonder if we’re not overlooking something in our race to the future. One possibility, based upon yet another scientific breakthrough, is “self-evolving data.” The thought of this came to me when I read an article by Boonsri Dickinson, How this self-healing material can sense when there’s trouble. Obviously a kindred spirit at some level, she notes:

I’m not ashamed to admit this, I loved watching Terminator. The cyborg assassin (a.k.a Arnold Schwarzenegger) always recovered from damage, no matter what happened. It turns out, the ability for material to really do this, isn’t that far-fetched after all.

  1. Engineer Henry Sodano brings a little of James Cameron’s science fiction movie into his lab at Arizona State University.

Sodano told me about how his self-healing material can sense when there’s trouble.

Essentially, Sodano thinks his polymer should be as smart as our bones. The material must know when it has a problem, know how to stop the crack from causing more damage and be able to fix it.

It’s the sensors embedded into the polymer material and external computer system that give the self-healing material the brains to know what’s going on.

Imagine a material engineered in such a way that it can fix itself just like Arnold’s character did in the Terminator series. How hard then, could it be to figure out a way to create a system for gathering whatever information you can, but engineering the system in such a way that:

  1. it learns what is most relevant now;
  2. over time is able to use the data, without human intervention, to fine tune the way it gathers, archives, and reports data in the future;
  3. is able to sort out and eliminate “biased” data;
  4. is able to spot and report trends;
  5. is able to prioritize information it reports, so that it provides humans with a sort of “just in time” and “just the facts, Ma’am” data report; and
  6. facilitates the inherent wisdom of humans in using the data without interference from generations of legacy constraints.

Anton Chekhov is credited with having said: “knowledge is of no value unless you put it into practice” Jack Vinson is credited with having said: “Knowledge without Action is useless. Action without Knowledge is dangerous.” I agree with both of these gentlemen, but wonder if we can improve our odds of ending up in a different place than many of the science fiction tales would lead us to believe we might be destined.

Already a Mac addictphoto © 2010 Ernst Vikne | more info (via: Wylio)When I started researching this topic, I was happy to find that what I was suggesting (i.e. concentrating more heavily on developing a “wise” self-evolving data system) had been in the works for quite some time. In fact, the topic includes everything from research into fuzzy systems to the Polytopia project, to patents granted for a “Self-evolving database and method of using same,” described in part as:

“Self-evolving indexing systems and methods store and retrieve information on multiple types of items. Indices evolve at least in part by providing subsequent users with summary comparison usage information based upon the choices of previous users, and in part by permitting subsequent users to can add new add classifications, parameters, and values instead of being limited by those previously used by others.”

Companies, such as IBM, have apparently been at the process of trying to develop a computer that works like the human brain. Their “SuperBrain” project has made interesting strides, but has raised a number of significant issues, such as:

  1. If humans are able to successfully re-create their organic brains with cold chips and circuits, using their natural intelligence, and technology grows at an exponential rate ( Moore’s Law), while evolution progresses at a relatively steady rate (Becoming Human)- is it fair to say that the computing power, complexity, diversity, and richness of IBM’s Blue Gene supercomputers will then outmatch that of the very brains which produced them?
  2. If the brain is the most evolved and sophisticated system known, then creating a computer that exceeds human cognitive capacities is really the triumph of Technology over Evolution – of Human Selection over Natural Selection – no? Does this then place us technically in a new stage of evolution? Are we are already in the age of self-evolution?
  3. Does it not make sense in terms of Darwinian Fitness that the brain should try to re-create itself in a form that is malleable and augmentable, allowing for the hand of Human Will to grow more robust than the hand Nature’s Will?

Likewise, there are numerous articles on everything from self-evolving Web sites and Web 3.0 to evolutionary fault repair of electronics in space applications. I am convinced that we have the ability to come at least very close to creation of truly self-aware machines in my lifetime. I have no doubt we already have, and will continue to create machines more capable of achieving a pre-defined purpose than can the human creators. Whether we should, is yet another matter.

If we continue to collect data without reaching the next level, in terms of what we collect and how we archive and retrieve it, then we will soon be buried in it. While we can instill knowledge in our machines, it seems apparent we may not have the wisdom to impart wisdom to them.

Looking at the history of one of mankind’s greatest evolutionary achievements, “civilized” government, we find that when we create a bureaucratic system, that system fairly quickly acts instinctively to preserve itself. For that reason, we often see that even temporary agencies find a way to sustain themselves well after their mission is achieved and planned term has ended.

Light-botphoto © 2005 Garrette | more info (via: Wylio)
If we endow our systems, including machines, with ever greater knowledge and ability to adapt to accomplish their “mission,” might we not find that we have created a system or machine which, like the Skynet of Terminator fame, determines that it is more capable of achieving its mission without us or that we had misjudged what the mission should be and become determined to supplant the human mission with its own?

December 7, 2009

Wordle Word Clouds

Posted in Best practices, Social Media Tools, Web 2.0, Web 3.0 tagged , , at 6:10 pm by bizlawblog

Wordle: SociaLies Blog

This is a Wordle of this blog, attributable to http://www.wordle.net/. Images of Wordles are licensed Creative Commons License.

As the Wordle Web site says, Wordle is a toy for generating “word clouds” from text that you provide. The clouds give greater prominence to words that appear more frequently in the source text.

November 30, 2009

My Big Fat, Geek Thanksgiving; Web 3.0 Takes Over

Posted in Best practices, Facebook, Productivity, Social Media Tools, Social networking policy, Twitter, Web 3.0 tagged , , , , , , , , , , , , , , , , , , , , , , , , , at 1:01 pm by bizlawblog

I sometimes live on the bleeding edge of technology. Some like to call this being an “early adapter.” Others think I should join a support program with a twelve-step program. My office has a room devoted to hardware and software I’ve bought, tried out, experimented upon, recommended, and sometimes even installed for my consulting company clients, including quite a few law firms.

When I built a new house a few years ago, I just had to investigate the new energy conservation devices, which could lower my utility bills, reduce my “carbon footprint,” and save the world. Likewise, I just had to experiment with design of home theatre and security system wiring, and the home computer network itself. I sometimes chatted about these with others in the neighborhood who were building houses, but didn’t mention one “enhancement” I had secretly worked on.

As the house was being built, I realized it would be more cost efficient to do all the wiring I would ever need, up front, rather than piece-mealing it later. I had been reading about the strides toward creation of working “smart houses” and other Web 3.0 applications, so I decided to make an investment in the future.

I worked with the various vendors installing my alarm system, home theater, cable, phone and other electronic systems, and got them to lay the groundwork for me. Then, being the bleeding edge geek I am, I began my own tinkering, gradually adding new components, as they entered beta stage. Fortunately, one of my clients is an appliance company, so I was able to make some relatively good purchases and get great deals on some important components.

When Thanksgiving came up on my calendar this year, I decided it was time to give the new system a trial run. I really wasn’t ready for a full-blown trial run, but one of my sons knows a lot more about this stuff than I do, so I figured if I got some of the system up and running, he would be in town at Thanksgiving to give me a hand debugging the parts.

This was also going to be the first year with multiple grandchildren, in addition to some of our friends who had become annual Thanksgiving dinner guests. That meant we had to get out the extra leaf for the dining room table, but it really meant the logistics were starting to add up to the point of being almost unmanageable. The question was whether or not I somehow pull off this Web 3.0 Thanksgiving plan in time to really help.

I got out my copy of Microsoft Project and went to work. This had to be a collaborative effort and, fortunately, seemed to be an interesting challenge for the partners in the project. Admittedly, I felt a little like Chevy Chase in one of my favorite movies of the season, Christmas Vacation, trying to pull off wiring the house to win the neighborhood Christmas lighting prize, but eventually, I finished and it was time to send out the invitations.

I decided to start with an old favorite, evite®, so I could at least try to track who would really be coming and send guest updates in a burst. It also helped get a few other issues out of the way early, such as special dietary concerns of some of the guests, coordinating menu items for those who always insist on bringing Aunt Tillie’s famous recipe, etc. I know there are lots of invitation applications out there, but since I’ve used evite® for many events and was familiar with the foibles and periodic “surprises” as it continues to develop, it was an easy choice for alerting guests to “save the date,” and then to harvest the data as we got closer to The Big Day.

Like many American families, we have established some traditions over the years. That meant timing of various parts of the event had to be precise. With folks arriving at various times, subject to last minute variables, this was always a challenge. I thought it would be interesting to see if a preview of a Web 3.0 world would be any better.

Once the first round of evite® responses started to come back and we had our first estimate of the number of guests and basic menu, I was able to get some online counsel for wine pairings with the various dishes, estimate the number of bottles needed, and place my order. One task completed.

About the time we were building our new house, I happened to read Christoper Allbritton’s story in Popular Mechanics, Control Your Appliances Over The Internet. I tried to remain mindful of Albritton’s reference to the “Terminator” sci-fi movies, and scenario where the  fictional military artificial intelligence defense system, Skynet, takes over for humans and then starts to eradicate them as a potential threat. Since my plans didn’t include any air-to-ground missiles, I decided that LG Electronics’ HomNet was a good place to start. After all, their home page says:

LG HomNet is the total home network solution providing a convenient secure, joyful and affluent lifestyle anywhere and anytime with the integration of various digital home appliances. LG HomNet makes the future lifestyle into reality. LG HomNet will usher into a future lifestyle that used to be possible only in the movies and the imagination, together with ultra-high speed Internet, artificial intelligence, and advanced robots.

LG HomNet, a home network system developed by state-of-the-art technologies from LG Electronics!

You will be provided with a new pleasant and convenient digital living culture of the 21st century through intelligent networking of all-digital appliances, agnostic to any wired and wireless communication technology.

We invite you to a new living culture which has been dreamed about by the whole human race.

Aside from the grammatical issues in LG’s statement, and hoping their use of the term “agnostic” was meant to be closer to the original Greek, as opposed to the more recent religious interpretation, who could resist something, which would provide a convenient, secure, joyful, and affluent lifestyle, anywhere and anytime? Not me.

After taking the HomNet Experience online, I started with the refrigerator/server, adding the ovens, microwaves, and some other appliances in the kitchen. This proved a handy way to coordinate keeping foods chilled, cooking the hot foods, timing the warming of those foods in the food queue, and even providing a shopping list tied into the menu archive, and the family calendar, which is always visible on the door of the refrigerator. This was also great to avoid the previously inevitable, last minute return trips to the grocery for an item that didn’t make it on the old paper grocery lists. Now we could take remote inventory from the store, to make sure we really had walnuts for the dressing or enough whipping cream for the pie.

Once the big day came, we could actually sit back for the first time, and just wait for last minute evite® updates on arrival times. Granted, as James Gunter points out in his law enforcement blog post, Twitter is Not the Holy Grail of Emergency Notification, using Twitter alone as an alarm system is dangerous, but if only the turkey is at state, this may be sufficient. With our Twitter early warning system tied into the day’s calendar on our refrigerator, we were notified, in order, that: our oldest son and girlfriend were on their way; younger son and new grandchildren would be slightly delayed, due to a diaper change; our daughter’s friends would have to make a stop to pick something up on the way; and my old law firm partner and family would be here “soon.”

“Soon” always had a special meaning for my old partner’s arrival, but having done an earlier blog post on the Twitter Geoloction API, I had convinced him to start “tweeting.” With a little advanced coordination, I was able to tell they had not left home yet, was alerted when they started to move in our direction, and a new ETA appeared next to their family avatar on our handy refrigerator/server/message center. Our voice recognition system and data-to speech-program even announced that guests were arriving, making those already inside our “smart house” feel like they were early guests at a presidential ball, where dignitaries are announced as they enter. This was particularly helpful in marshalling the troops to help get the new twins inside before the fresh air woke them up.

Really Cool, New Sixth-Sense Technology was the pride and joy of my new system, even if it was still a beta version. The cobbled aggregation consists of off-the-shelf, Web cam, portable battery-powered 3-D projection system, and other devices connected to the user’s cell phone. The system’s ability to project keypads and other tools onto any surface, to make it a device like those used by Tom Cruise in Minority Report, proved very helpful in the game room. The RFID tracking system allowed us to locate the kids who were tardy in departure from the media room, turning down the heat in that room during dinner, and returning them to the appropriate spot in the movie they were watching upon their return.

We were able to use all this technology to time when dinner started, so the parents of the little kids enjoyed the rare treat of being able to eat in relative peace, coordinating with nap and infant feeding schedules for that optimal state of “joyfulness” promised by the appliance company. It also allowed us to finish before the preselected football games appeared on the adult’s monitors, cartoons came up for the tikes, and video games for the rest of the younger kids.

The background music, which gradually came up as we sat down to eat was a nice touch, as was the list of conversation points, which appeared in the wireless 3D i-glasses some had elected to wear. The ability to look through the glasses at a guest, allow the facial recognition and identification system enough time to identify the guest, and then call up conversation topics suggested by their Facebook references, and other social media search results, including their blogs, proved interesting, if not a little too revealing for some.

The great meal now being history, we can review the video record of the whole event to work on ways to improve it for next year. Using the facial recognition and identification system, we can piece together the level of “joyfulness” for each family member and guest, item-by-item, and plug these back into project software to start planning next year’s event.

The transportation alert module paid off in the first year, letting my oldest son and girlfriend know the system was well on the way to rerouting them back to Chicago, due to a snow storm interrupting their original plans to fly back into O’Hare. The placemats, inspired by some iPhone apps,  allowed us to check just how much food each family member and guest had consumed, and for those who desired it, their iPhone apps would now “remind” them of the exercise plan the system had outlined to return them to normal size, including, of course, the appropriate level of play on their Wii Fit™ system at home.

Now, on to Cyber Monday Shopping.

__________________________________________________________

Apologies to Berners Lee, whose article, The Semantic Web, in a 2001 edition of Scientific American, gave rise to this story. Lucy, in the original story, instructed her Semantic Web agent through her handheld Web browser to conduct a search which started to define the term, Web 3.0.

That’s what I think. Please leave a comment and let us know what you think.

If you are really interested, I just started yet another free group on LinkedIn, Social Media Search and Forensics. Many of these articles and discussion about them are posted there. Please join us.

November 18, 2009

Can a Well-Drafted Social Media Policy Save You Money?

Posted in Best practices, Employee issues, Productivity, Social Media Tools, Social networking policy, Twitter, Web 2.0, Web 3.0 tagged , , , , , , , , , , , , , at 2:28 am by bizlawblog

Netcraft, an Internet services company based in Bath, England, reported that, as part of its July 2009 Web Server Survey, it received responses from 239,611,111 sites, an increase of around 1.5 million sites from the previous month. I’m sorry, did somebody just say Web sites are proliferating at something like 1,500,000 per month?

A glance at Technorati’s annual State of the Blogosphere report reveals equally staggering numbers of blogs, unique visits, and Facebook members. It gets better. Jim Singer’s article on the IP Spotlight blog, Employee Blogging and Use of Social Media – Managing the Risk, notes:

Social media usage is exploding.  Recent data indicates that Facebook has over 200,000,000 users, while Twitter has over 7,000,000 users.  According to Technorati data as reported on Wikipedia, at the end of 2007 more than 112,000,000 blogs existed.

Blogs, Facebook and Twitter accounts, texting, and the use of other social media by employees can create many risks for employers.  Unlike conversations, social media postings leave a data trail — and that data trail can quickly be tracked, copied, and distributed to an unlimited number of readers.  The news headlines are filled with stories of poor judgment by employees on social media sites.  Microsoft fired an employee who published photos of Apple computers being loaded into a Microsoft research facility.  Delta airlines fired a flight attendant who posted photos of herself in a corporate uniform.  Google fired an employee who blogged about, among other things, Google’s compensation.

Singer summarizes employers’ risks from their employees’ social media activity as including:

  • publication of trade secrets;
  • dissemination of confidential information relating other employees, customers, or business partners;
  • copyright and trademark infringement;
  • libel; and
  • loss of control of business reputation

The problem for employers seems to be that they’re damned if they do and damned if they don’t. As marketing mavens turn from paper media, to Web, to blog, to Twitter campaigns and beyond, their corporate clients are feeling the pinch of a currently unfathomable economic slowdown, necessitating a higher ROI from potentially declining marketing budgets. One apparently easy answer may be to enlist and unleash employees with their low cost or no cost viral marketing abilities.

Although an instant army of marketing employees may seem a simple solution, Fred Abramson points out in his article, What you need to know about Defamation and Web 2.0:

Bloggers and anyone else using social media need to be aware of what they post online.  There is a serious threat of what you post can result in litigation.

I recently reported that there has been a 216% increase in libel lawsuits against bloggers.  Courtney Love’s Twitter defamation case is not going away.

Yelp, the popular review site, has been at the center of the debate because people are using the service to write reviews that are untrue.

A $1 million judgment, including an injunction and costs was granted against a defendant who persisted in posting false and defamatory statements in online forums regarding his fraudulent transactions at the expense of an online company.

OK, so maybe a little “sensitivity training” might be in order before unleashing the hordes of marketing hounds, but what if they turn on you? Deloitte LLP’s 2009 Ethics & Workplace survey indicated that:

60 percent of business executives believe they have a right to know how employees portray themselves and their organizations in online social networks. However, employees disagree, as more than half (53 percent) say their social networking pages are not an employer’s concern. This fact is especially true among younger workers, with 63 percent of 18–34 year old respondents stating employers have no business monitoring their online activity.

That said, employees appear to have a clear understanding of the risks involved in using online social networks, as 74 percent of respondents believe they make it easier to damage a company’s reputation.

With the explosive growth of online social networks, such as Facebook and Twitter, rapidly blurring the lines between professional and private lives, these virtual communities have increased the potential of reputational risk for many organizations and their brands…

Could it be that lawyers may have the answer? Kate Early, corporate counsel for LexisNexis posted a nice article on her blog, “Social Networking Helps Cut Company Legal Fee Costs – How? Read on!”, which may give you a clue where I’m going with this. She notes:

Social networking is helping companies…cut legal fees by providing groups and forums for them to discuss and share ideas and answers to legal questions for free.  For instance, on Linked In, there are topic groups that you can subscribe to, like Intellectual Property.  You can then post questions and answer other people’s questions.  Human resources professionals are also benefiting.  Of course, there are issues about the lack of attorney-client privilege and there is no privacy to the questions.  However, for general inquiries that are not private … these sites can really help.

Neetal Parekh’s article, Legal Cost-Cutting and Social Networking: Strange Bedfellow, goes a little deeper:

Breaking down the buzz word “social networking” you get two core concepts of communication.  Social and networking.  Whether you are in a conference break-out session, happy hour, basketball court sideline, or company luncheon you have an opportunity to interact with others in a less-formal, more-personal way.  Similarly, social networking allows a candid flow of thought and exchange of ideas.  Just like your career counselors encouraged you to do in law school in their odes to the power of networking, connecting and sharing online is a form of networking.  And one that seems to be gaining some street cred from its offline cousin.  And though three years of legal training has drilled in considerations of liability, privacy, and confidentiality, it is up to the innovative devices of in-house counsel to find constructive and ethical uses of social networking that will inspire progress and productivity within their legal departments.

Woody Allen is quoted as saying: “Eighty percent of success is showing up.” Many of the financial advisors I’ve talked to in recent months, as well as wealthy clients, seem to be saying the same thing about survival in our depressed economy. Their goal, rather than making money, often focuses on not losing as much as anyone else. In the final analysis, they speculate (no pun intended), if they are able to keep from losing more of what they have than the competition loses, they’ll still be ahead of the game when things turn around, as they always do.

The depth of “expertise” of most social media consultants must be subject to scrutiny. After all, the field itself is still emerging and changing by the second. We’re all just starting to explore this murky new territory. The maps we draw for our clients to follow may sometimes be no more useful than a sandcastle built too close to the ocean surf.

Given the shifting sands on which we stand, our greatest success may come from simply failing to make as many mistakes as our competitors, and, as Woody Allen suggests, staying around for the next act.

We may not have a firm grip yet on what really works in the universe of social media. We are quickly learning, however, what doesn’t work, and how large the judgments, legal fees, and lost profits can be when we make easily avoidable mistakes. It is the avoidance of those mistakes that a well-formulated, organic social media policy can easily prevent. A good policy can encourage the cost saving benefits corporate lawyers have already found.

This is far from a perfect solution or tool, but the process of creating a social media policy for your company, getting employees and managers to buy into the process and become stakeholders in the positive results it can bring, can go a long way to making your company one of the survivors. That may be enough to make you the victor in your arena. I’ll explore this process in a future series of posts on this blog.

That’s what I think. Please leave a comment and let us know what you think.

If you are really interested, I just started yet another free group on LinkedIn, Social Media Search and Forensics. Many of these articles and discussion about them are posted there. Please join us.

November 17, 2009

Shapeshifting; Using Social Media to Maintain Online Reputation

Posted in Best practices, Criminal activity, Employee issues, Facebook, LinkedIn, Social Media Tools, Social networking policy, Twitter, Uncategorized, Web 2.0, Web 3.0 tagged at 1:42 am by bizlawblog

If you like science fiction movies, you may have seen alien entities, which can change their physical appearance, sometimes mimicking other creatures. If you’re more down to earth, perhaps you’ve heard the expression “Sometimes you get the bear and sometimes the bear gets you. In either case, you might need a vet.

In the case of maintenance of one’s online reputation, social media can be either the tool you use to achieve your goal, or the jaws of your destruction. Aliza Sherman’s article, Don’t Ruin Your Social Media Reputation, points out one of the problems of social media, in the context of vetting information:

One of the continuing perils on the Internet– that is even greater now that anyone has the ability to publish online– is not knowing what information is credible or not. Misinformation can spread like wildfire across Twitter, Facebook and the like, and the last thing you want to do is get the reputation of being a conduit for misinformation. Take care when repeating what you hear from others in social media circles.

Sherman also gives us five things to avoid. As she puts it:

I’ve been thinking a lot about the way some people abuse the online tools that many of us are trying to use for good things. Whether you are using the Internet and social media for business or for personal use, there are good ways to use these tools, but there are also ways that can get you into trouble that you might not anticipate.

Sherman’s list includes five ways she frequently sees people damaging their online reputations:

  1. Social media spam, consisting of “irrelevant unsolicited sales pitches for strange and unneeded products,” spammy endorsements and other messages sent out automatically or unwittingly;
  2. Indiscriminate “friendliness,” by those whose sole goal seems to be collecting as many “friends” or “followers” as possible, but for the purpose of treating them as cattle to be used;
  3. Autopilot networking, with the help of increasingly efficient tools which end up giving the impression the interaction is canned rather than truly “social;”
  4. Missing the appointment with the Vet, by failing to check information before passing it on as a thoughtless repost or retweet; and
  5. Playing the undercover hired gun, where those with whom you interact online later feel betrayed or conned when they learn you’ve endorsed a product for pay, or otherwise played a deceitful role.

Lawyers like myself are known to love to say cute little Latin phrases like caveat emptor or “let the buyer beware.” A similar warning is perhaps in order for social media. A paradigm shift is occurring in our online communications. In the old ARPANET days, communications were between individuals and institutions where there was generally a high level of trust and respect. These days, using information obtained through social media channels may be closer to buying a watch from a street corner vendor.

Companies, which fail to recognize this shift in the reliability of information, are certainly at risk. A post on the Social Media Reputation blog makes the point as follows:

Having been a consultant regarding online media for over a decade, I am constantly growing very weary of informational white-paper companies that are charging top dollar for “analysis” of an industry that is forever changing. In my previous life working at a Fortune 50 company on interactive projects, I can tell you that far too many “big boy” companies are absolutely relying on the wrong informational sources to make huge decisions. This old-school system is leading more and more companies down the path of digital suicide.

Granted, many might be more likely to be cautious of a post on the Pissed Customer blog or Ripoff Report, than one found on Forbes or the Wall Street Journal, but how is one to really know? Typically, the longer a publication has existed without substantial challenge to the veracity of its reports, the more trusted it becomes. Recent U.S. political campaigns, however, have cast substantial doubt on the impartiality and credibility of many such long-standing main stream media reputations, and the economy continues to take its toll on others.

Queue Twitter, Facebook, and other social media channels as the heirs apparent. As the paperless paper box becomes one of the next anachronistic surprises of our decade, we find data flowing at us from all directions at an increasing velocity. The volume of data confronting us is likewise increasing, leaving us with exactly the task Microsoft predicted in its book, Taming the Information Tsunami. Regardless of the techniques used to survive this digital perfect storm, the time in which we have the ability to vet the data barrage will continue to shrink.

The Web is full of hideous examples of damage to corporate reputations, whether deserved or not. We do, however, have the ability to take some steps to perform maintenance on our online reputations. A few simple tactics are outlined in an article by Lawrence Perry:

  1. Always publish meaningful content- when you publish meaningful content, you can expect people who follow you to truly believe what you have to say in the future.   If you send spam and post useless information in your accounts, people will not learn to trust you.
  2. Be transparent- you do not have to be too personal or reveal too much information in your Twitter, Facebook and other social media accounts but it would really help if you remained as truthful as possible in your interactions with clients.
  3. Post your picture and your website in your profile- it would really help a lot if you use your own photo and if you link to your website and provide more information to your followers. These will help them establish a better connection with you because they really know who you are, what business you are promoting, etc.
  4. Try to communicate in a personal level- do not use bots or send standard pre-written messages through DM.  On Twitter, make sure you send personal direct messages.  This may take a lot of time but don’t think of that as wasted time but an investment on your target market.

I’ll talk more in a later post about methods to monitor and protect both personal and company reputations online. For now, however, I wonder if there is some new twist coming down the pike to fill the need I think we all have, to more easily increase the level of trust we have for data received online. Where there is a need, there usually is a solution vendor.

We all know there have been innumerable snake oil vendors in the software industry, but VeriSign and PayPal seem to have become standards, through trust, in being acceptable allies in managing our risk with online transactions. Now all we need is a “veracity meter” attached to all social media output.

Some companies are struggling with methods to “pre-prove” the expertise of those who engage in online community discussions, such as LinkedIn. As a member of a variety of networks, one can gain “expert” points by being the “winning” responder to an online inquiry from another member of the group. This is a quality argument in favor of the member giving the best answer, but there are also quantity point in some networks, where part of one’s rating as an expert is based upon the number of posts accomplished during a period of time. Surely, there must be a more efficient way to increase our trust of online data.

I’ve come across those who say they can detect the aura of others, and tell if a person is good or bad, honest or dishonest. While I may question exactly what it is they are seeing, wouldn’t it be nice if you had a method to easily detect and read the aura of online communications. Perhaps such communications will, in our Web 3.0 or 4.0 world, come with a thoroughly vetted avatar emitting an aura of credibility. Could it be that the devious spammer’s message will someday come with a universal avatar bearing some sort of aura which looks like horns, while those honest and well vetted posts by yours truly will be embraced by my avatar, wearing an easily detectable halo of honesty?

Stories, like Dick Pelletier’s, Avatars will help us navigate tomorrow’s electronic maze, make it seem like they’re right around the corner. Others say they might work their own paradigm shift.

That’s what I think. Please leave a comment and let us know what you think.

If you are really interested, I just started yet another free group on LinkedIn, Social Media Search and Forensics. Many of these articles and discussion about them are posted there. Please join us.