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?”

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.

October 27, 2009

When Thought Becomes Reality

Posted in Best practices, Courts and social media, Employee issues, Productivity, Social Media Tools, Social networking policy, Web 2.0 tagged , , at 1:10 pm by bizlawblog

The first post on this new blog, Social Lies and Fundamental Shift, seemed to proclaim we were experiencing a fundamental shift from the “information Web” to the “social Web.” The inference was that this was significant in some fashion. I guess that depends upon how you look at things, literally.

Some of us are old enough to remember spending hours in the library looking up information in books and periodicals. That may be a fading image, since an increasing number of studies, such as one by Publishers Communication Group, E-books in 2008; Are librarians and publishers on the same page?, indicate librarians are now more seriously considering the return on investment  from e-books and other electronic media vs. traditional print media, when preparing their budgets in these financially troubled times. It would seem the title tells the story. There are certainly many stories in the news about long-standing publication giants, who are folding their tents as readership and revenues sink.

One other side of the shift seems to be in the area of instant experts on use of social media as a business tool. I can’t recall any profession, including Web optimization experts, growing as quickly as the number of self-proclaimed social Web experts. Perhaps this is because of my own foray into this area. They say, “if you want to shoot a moose, you have to go where the moose are.”

Frankly, I seem to be surrounded by moose, but can’t remember how I got here. Social media experts seem to surround me wherever I go. No matter what I search for online, I run into “experts” in this area.

One of the things, which has drawn me into the realm of social media, is the number of my business start-up clients who are using social media tools, such as facebook, as a major part of their business plan.  A year ago, this was not true. There may have been a few who mentioned it in passing, but these days, a substantial percentage of start-up clients seem to be counting on their ability to market their business to a large group with little outbound cash flow, using facebook and other social media.

I’ve been practicing law long enough to remember the era when many clients came to me thinking that successfully registering a “cool” domain name was a business plan. Granted, that was before most of our current cyber squatting laws, and well before the tech bubble burst. To my chagrin, some of the clients who had been subjected to my lectures about the usefulness of a real business plan, actually made substantial sums of money just by getting a particular domain name registered sans business plan. They were few and far between, and for the most part, their “fame” was fleeting. This was clearly not a sustainable competitive advantage for them, even if they managed to cash in to some extent.

Although the results are far from certain, there can clearly be some merit for retailers and others, using social media channels to market their businesses. I’ve even started recommending it myself, if my clients don’t bring it up. The information on how to do this is easily available and simple to follow, as indicated by Mark Ijlal’s handy article, How To Set Up A Custom Landing Page For Your Business Facebook Fan Page.

Of more interest to me in writing this blog, is what happens when use of social media becomes embedded in business operations. It seems inevitable this will happen, at least until the next paradigm shift. Michael Specht offers a fair argument for this in his article, Social Media In the Workplace:

Remember your employees are using these tools even if you don’t realise it. They have it at home, on their phones everywhere.

Add to this that the workplace is changing. Those crazy Gen Y’s will make up 42% of the workforce by 2020, let’s not even begin to think about to (sic) ones behind.

My understanding of part of what the “experts” predict will happen, as Web 3.0 replaces Web 2.0, is that the current borders between what one thinks and what happens will start to blur. In other words, thought starts to become reality. Is this science fiction, or simply the natural progression of the current path we’re on?

One of my favorite science fiction works is Forbidden Planet. This 1956 movie by Fred Wilcox takes place in the 23rd century and starred Leslie Nielson decades before his appearances in the Naked Gun and Scary Movie series. The plot of Forbidden Planet involves rescue of an archeological team from a distant planet, where the highly advanced, native Krell population had mysteriously died out in a single night. At the risk of spoiling the movie if you’ve not seen it, the Krell developed a huge machine, which was able to turn their thoughts into material objects. Unfortunately for the Krell, one of these turned out to be a monster from the id, later conjured up by the subconscious activity of one of the stars of the movie.

The stars of the movie experimented with a training “toy,” apparently designed by the Krell to help improve their mental focus. Not necessarily coincidentally, I just saw a version of this toy in a catalog yesterday, although the reference was to a Star Wars Jedi training device. What this brings to mind, aside from science fiction authors “borrowing” ideas from each other, is a book by another science fiction star, William Shatner, I’m Working on That : A Trek From Science Fiction to Science Fact.

Shatner’s book points out the cyclical relationship between science fiction authors and science. Many authors study emerging technologies and philosophies about “what’s out there,” in order to come up with ideas or make their fiction more believable. On the other hand, some scientists and entrepreneurs seem to be able to cash in on science fiction by making the “fiction” a reality. The “communicator” device used in the Star Trek series on TV, which made Shatner famous, seemed to morph into our cell phones. Shatner recounts a number of other current “every day” devices, which can attribute their origins to his TV program.

I’m old enough to remember a time when my secretary used a typewriter. I’m also old enough to remember a time when I didn’t know how to use a computer and was actually afraid to try to learn, yet here I am blogging away with no visible means of support (a danger for much of the Web 2.0 generation without an alternate stream of income). In my case, the reference, fortunately, is to the lack of need for any support staff to type this, something not possible for me a decade or so ago in those ancient “pre-Web 1.0” days.

I started learning how to use a computer after reading an article in the local paper, which talked about a major law firm in the area buying hundreds of computers and “forcing” everyone to become familiar with how to use them. The inducement for the lawyers was that they had to start filling out their time slips “online,” whatever that meant, or they didn’t get paid. I understood getting paid, and if they were doing it, I wanted to do it too!

A few years ago, if we wanted to record something important, like a legal document, we had to type it, or find somebody who could. My worst grade in high school was in typing class, which was an “elective” course my mother thought I should take. What a pain. I was a horrible typist, and when I passed the bar exam and hung my “shingle,” my secretary was the only one creating the final version of important written communications. Granted, I might create and edit, but she was the only one capable of working the magic needed to produce a final version fit for publication.

Then came machines that could “remember” what we had typed, so this information could be stored and used again without retyping it. This turned into document assembly and database mining, as well as many other “advanced” techniques. We became more productive overnight.

Within a relatively short time, some smart folks came up with the idea of turning speech into text. At this point one hardly had to “think” at all to turn thoughts into words, not necessarily a good thing. Typing was more deliberate, but speech recognition programs like Dragon Naturally Speaking, allowed our thoughts to roam as we drove to court or a business meeting. Shortly upon this technology maturing to the point of usefulness, we could use it to send e-mail and other communications using voice recognition. We not only became more productive, we became more prolific, once again, not necessarily a good thing.

The impact of our thoughts, including the physical trail they left, was growing rather than shrinking. The number of our “published” thoughts was also increasing at a tremendous rate. This, however, appears to be just the tip of the iceberg.

Web 3.0 promises to make such “gadgets” universal and “seamless,” to borrow an overused term. One must admit there has been a major paradigm shift, from trying to get one’s secretary in to type or retype a letter a decade ago, to the current use of self-posting blogging tools and ability to twitter to the world from anywhere in the world. Web 3.0 promises to make this available to everyone in a fashion they won’t even notice, and it is happening before our eyes and behind our backs.

Now, when getting ready for a meeting or to conduct voir dire of a potential jury, I am “required,” as Nicole Black points out in her article, Can Lawyers Afford to Ignore Social Media?, to spend some time investigating the background of those whose faces I’ll be seeing in a few minutes. What they will tell me is one thing, but I now have a rapidly increasing ability to determine what is on their mind, even if they don’t realize it themselves. While they interact in a business meeting, or respond to questions from a trial lawyer about potentially disqualifying prejudices against a party in litigation, the person on the other side of the table has an opportunity to look into their facebook or LinkedIn profile, to discover what really interests them.

Sina Odugbemi’s article, The Assumptions of the Social Media Community, seems to cast some doubt on the extent to which this shift from the Web 2.0 to Web 3.0 world will impact us.

We get told that new social media tools will destroy all others, life will change beyond recognition, mass media is ‘legacy media’, about to go the way of mastodons.

Eric Newton of the Knight Foundation – an amazing digital migrant who has gone native to a brilliant degree – summed up some of the questionable assumptions of the social media community thus:

  1. Everyone has access to new media. (And we know that is not true, especially in developing countries.)
  2. Everyone has goodwill and will not harm others.(We know that is not true because some pretty bad people use new media to pursue evil ends.)
  3. Everyone can correct each other. (We know that is not true because education levels vary, ignorance persists on the Web, information access varies etc.)
  4. Everything is transparent. (We know that is not true because manipulation goes on, identities get hidden, advertisers make bloggers support products without owning up to being paid and so on. See “Truth in Advertising, Offline or Online”.)

The point, of course, is not to knock social media, but to suggest that all the mechanisms that shape the public sphere need cool analysis in order to manage inevitable complexities. Every new technology throws up ethical and governance challenges, and these need to be frankly acknowledged and managed.

The cool analysis seems to me to be the key, and, hopefully, part of the mission of this blog. As we focus on the minutiae, in order to conduct this analysis, it also seems apparent that we must try to detect the larger impact. For starters, twittering and texting teens will become the leaders of our Fortune 100 companies in the not too distant future. Interpersonal skills have transformed for both the better and the worse, in my humble opinion, due advances in technology. Communications are clearly much more rapid and far-reaching. Did I mention this is not always a good thing?

The ability to use and abuse these tools grows more powerful at a tremendous rate. Who has not pushed “send” on an e-mail that was not finished, or perhaps contained something we wished we could take back? Who has not accidentally overlooked someone who accidentally received a private or even confidential electronic communication, simply because the sender forgot they were “CCed” on the e-mail?

Lawyers are trained to be the most sensitive people on this planet, to the accidental or unauthorized disclosure of confidential information, yet the stories grow about even these guardians of confidentiality breaching the walls. What hope do we then have that our employees, and perhaps our CEOs will be able to keep the genie in the bottle, or at least direct this new power better than the Krell of science fiction lore? Watch the movie and you might see our future.

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