Fixing Facebook, The Internet, Money, And Most Other Digital Stuff

Blockchains and other cryptographic protocols are useful for online payment processing and other digital exchange systems, and p2p protocols for decentralized or crowdsourced security validation are highly desirable features of a modern digital system of accounts. What I dislike aboutBitcoin (the best-knownblockchain implementation) is that it invites speculation just as if it were gold. A system of accounts is best served by a unit of account that is relatively free from speculation.

My sense is that making a universal transaction accounting/auditing system (also known in distributed and p2p computing circles as a distributed ledger) part of a “native” internet protocol suite will make it more stable. If it is ubiquitous it becomes like air and people are less likely to speculate on air than on gold or bitcoins. Such a core Internet protocol would provide an automatic  “audit trail” of every applicable read and write transaction and every payment that is posted.  Such a protocol could be used for many important applications:

  • intellectual property management, especially for individuals posting on blogs and social media
  • micro-payments such as those proposed by Jaron Lanier in Who Owns the Future
  • retail payment systems
  • international payment systems, exchanges, etc.

Because its use could become so ubiquitous it should be designed and built very openly and carefully by a large public institution such as W3C, or by open crowdsourcing — not by a lone entrepreneur or small shop. What I’m proposing is actually an upgrade to the internet protocol suite — the core internet protocols — that would maintain a link between every named resource and a metadata file. I’m not current enough on the tech to get more specific or detailed about the implementation. http://en.wikipedia.org/wiki/Internet_protocol_suite

The innovation I suggest is to permanently and unbreakably link every named resource (or its URI) on the Internet to its own metadata file. I call that file the metadata “tail” or “fork”. Such a file might be a flat file, a structured database, a distributed hash table, an encrypted block chain, etc. — I leave that to better software engineers than me. The link between the named resource and its metadata tail must be unbreakable for the life of the resource and the metadata must be inviolable. The link should be maintained as deeply in the internet core protocols as possible. It may be possible to implement the metadata store itself at a considerably higher layer to allow for easier updates to the data store technology. After all I am probably advocating the creation of trillions of gigabytes of metadata here. A sort of audit trail of practically every read or write operation on the Internet.

Every resource’s metadata file would contain the following metadata:

1. At the minimum: creation date and author

2. Other optional metadata might include owner (if other than author), ownership rights, expiration date, etc.

3. History (audit trail) of every read, write, copy, payment, etc. transaction involving that resource.

We know that getting money is a means to getting many things of value, not that it IS value. And its fungible and persistent (durable) so its very handy and convenient. We’d be hard pressed to design money without this convenience, fungibility, and durability and still get people to use it. That’s the catch 22 for people hoping to solve ANYTHING by inventing new forms of money or non-money or whatever.

But we do have some serious problems with old forms of money. So I nominate (with tongue in cheek) dried fish as the new international standard unit of accounts. No, make that coconuts. Or barrels of oil. Or Bitcoins. or killoWatt hours (kWh) of electricity … Whatever we choose, if its a finite natural or virtual thing in limited supply people will rush to acquire it and if possible “corner” the supply. So maybe its best to use something in unlimited supply, such as plain, immaterial numbers. Oops, no, people have been speculating on “the numbers game” forever.

The more I think about all this the more I think my proposal to update the internet core protocols to add an “audit trail” of all transactions is the only solution to our problems —  with money, with accounting fraud, with social media content rights,  and with lots of other difficult problems  too numerous to mention at this point.

Poor Richard

PS My only innovation (if it is such at all) is placing the link to the metadata repositories deeply into the internet core protocol stack and applying the protocol to potentially all reads and writes on the Internet, not just financial transactions. It may also be innovative (or not) to propose individual and distributed metadata repositories, possibly using blockchain cryptography, rather than a common repository, for each and every named resource on the Internet. The main problem to overcome is the volume of metadata. The current Bitcoin blockchain would probably break under such volumes.

Related:

Further Discussion:

  • Poor Richard: Debates about money, accounting, credit, debt, etc. seem mostly anachronistic to me. What we should be more concerned with designing is the digital micropayment economy (protocol) proposed by Jaron Lanier in “Who Owns the Future” and which I try to imagine one approach to in my rough note  Fixing Facebook, the Internet, Money, and other stuff
  • Edouard Bry: Poor Richard, what about large purchases like a car, a house?
  • Edouard Bry: Poor Richard, that proposal negates anonymity. Personally I believe total lack of anonymity is not realistic from a human perspective. It’s OK conceptually but it does not take enough into account the need for some privacy most human beings have…
  • Poor Richard: An Internet-wide micropayment system can be used for all purchases, large or small, but at the small end it provides a unique service that Jaron Lanier explains in “Who Owns the Future” and related videos.  Thus far Lanier is not well-liked by many of the P2P, FOSS and “free culture” people. Lanier does not describe the implementation of the system, which is what I have tried to address. No one has yet proposed any specific user interface details, but the user interface would allow all internet users to make and receive payments of any size — but of special importance it would permit very tiny payments of fractions of a cent for comparably small services and goods like clicking a “Like” button or for posting or reading a facebook post.
  • Poor Richard: Edouard Bry, do you think Poor Richard is someone who would abandon anonymity? No. The application must include strong cryptography and access controls for varying degrees of privacy for different applications. Like block chains, a micro-payment protocol will be used by a wide variety of applications in addition to micro-payments. An Internet-wide micro-payment system can be used for all purchases, large or small, but at the small end it provides a unique service that Jaron Lanier explains in “Who Owns the Future” and related videos. http://youtu.be/cCvf2DZzKX0 So far Lanier is not well-liked by many of the P2P, FOSS and “free culture” people. Lanier does not describe the implementation of the system, which is what I have tried to address. No one has yet proposed any specific user interface details that I know of, but the user interface would allow all internet users to make and receive payments of any size — but of special importance, it would permit very tiny payments of fractions of a cent for comparably small services and goods like clicking a “Like” button or for posting or reading a facebook post.
  • Andrew Bransford Brown: I kind of agree, however, it is an incremental process. You might have a look at http://promiselanguage.blogspot.com It solves the payment part. The structure might also solve the “metadata” issue you are referring to. “Promise Language”
  • Bernd Nurnberger: Interesting. Not sure I can agree in light of this: “Silicon Valley megacorps have no interest in transparency. They don’t want to talk to reporters who would ask them real question about their for-profit surveillance business operations. Why would they risk it when they can fall back a trusted crisis PR technique: shut the doors, don’t pick up the phone, lie low for a while and wait for the storm to pass.” 

  • Poor Richard: Andrew, the applications, like payment processing, could be incremental, but it is fundamental to my idea that the various applications I mentioned would all share a common back end that I call an automatic audit trail protocol for the Internet core protocol stack.
  • Richard Saunders: A world citizens movement and ultimately world governance could be set in motion simply by updating the internet core protocols to allow for secure “voting” on nearly all internet content
  • Adam Lake: Richard Saunders, why not use a protocol like email for p2p social networking with all data on personal servers?

  • Richard Saunders: Search “p2p email”. I haven’t investigated any of them, but it seems like a good idea for us to adopt p2p versions of the apps we use. That’s a different level of interaction than the core internet protocols which everyone uses automatically by default. They don;t need to make any decision or choice about it. Everyone worldwide is already using a common set of digital “tools” to interact with the internet therefore building a worldwide movement by using those common tools is as much a no-brainer as possible. I suspect there are forces within the internet governance community that fear the idea of building secure voting technology into the core internet protocol suite because of the potential disruption of all the old vested interests and powers.

  • Marco Fioretti: “secure internet voting” cannot exist, period. It’s not even wrong.

    As for “p2p versions of the apps we use”, and just for general reference (I have NO time to work on it for free, you are all sincerely welcome to do it yourself, or find somebody else who can!) here is a faster, much simpler way to get something similar soon. An intermediate but IMO unavoidable step towards real “p2p versions of the apps we use”: http://per-cloud.com

  • Richard Saunders: @Marco Fioretti “secure internet voting” cannot exist

    Marco, is your objection to the word “secure”? I mean it only in a relative sense. If relatively secure financial transactions can exist, relatively secure voting can exist on the internet, can it not?

  • Marco Fioretti: “If relatively secure financial transactions can exist, relatively secure voting can exist on the internet, can it not?”

    No.

    Financial transactions are relatively secure only because if they go wrong someone surely notices it, often immediately, and comes asking for a refund or repetition. With internet voting, it’s impossible to realize that something bad happened. Unless it’s not secret, which would be so bad to be half disgusting half ridiculous.

    It’s absolutely impossible to guarantee that all software+hw combinations used for voting by people who by and large use their birth date as password or never update software etc… would be free of trojans, keyloggers and such. This has proved tolerable for making online payments only for the reason in the previous paragraph, it could never happen with voting. People who couldn’t be bothered to vote could even never notice that their computer was infected to vote on their behalf.

    If voting happens outside a safe place, there is no protection from abuse as in any variation of “vote now what I tell you and never tell anybody, or I’ll shoot you”

    etc etc. So no, relatively secure voting CANNOT exist on the internet. Period. Believe me I do NOT want to offend, but it makes me sad to see how many people who apparently thought of this for more than 2 minutes still propose Internet voting.

    And above all: WHY? Let’s assume just for the fun of discussion that all I’ve said doesn’t exist: what would be the REAL advantage of internet voting?

  • Richard Saunders: @Marco “what would be the REAL advantage of internet voting?

    I use the word “voting” broadly to include things such as “liking” and rating (+1, -2, etc.). Using an encrypted distributed ledger provides an audit trail. My point is that an encrypted distributed ledger (perhaps some type of “blockchain”) should become part of the core internet protocols. This would allow the world to rate any internet content or to “vote” in some fashion on everything. Security is always relative, so higher value data would need more protection, just as now.

  • Melvin Carvalho: Using the new structured data layer of the web, contracts, governance, anything that an be modelled with data can be created. When you look at the web, try not to think of giant corporations controlling it, or locking it down, it was made for everyone to do anything they want. Any use case you can imagine with a block chain is doable on the dencentralized web.
  • Richard Saunders: Melvin, structured data and linked data are typically defined by triples: subject – predicate – object. This does not automatically constitute a strongly secure distributed ledger. If that is what one is after they still have to build that somehow. If we want to create a strongly secure distributed ledger, a bitcoin-style blockchain may not be the best route. BUT WHAT IS?

Loose Change #1

teddy roosevelt on limited government

— LIBERTARIANS

One type of libertarian naively believes that “Without the crushing rule of law, society will do a better job of regulating itself” (The Simpsons Season 19, Episode 3). Another type of libertarian is a sociopath who pays lip service to the “freedoms” of others but shows contempt for others whenever his own interests conflict with theirs.

— True and false sharing economies.

The true and false sharing systems (economies) should not be confused. I suggest basing the distinction on their long-term impacts on the distribution of wealth and power. Undercutting regulations intended to protect workers, consumers, investors, etc. without establishing adequate alternative forms of protection, might indicate a false economy. Coop principles and best practices, such as the Rochdale Principles and multi-stakeholder cooperatives, might go a long way towards avoiding false economies.

— Free speech

Free speech is necessary but not sufficient. Its pretty worthless without information quality control.

— EXCESSIVE FORCE

I suspect a large percentage of police suffer from undiagnosed PTSD and it may be a big factor in excessive force.  Excessive force should be prosecuted strongly but it seldom is, and that would not change the fact that our entire society is too militant, violent, and racist. Behavior doesn’t come from a vacuum. Take, for example, the Stanford Prison Experiment.

Hackathon invents the digital tools to fix Congress.

Will political apps evolve towards automating democracy? Are human life and consciousness just highly complex algorithms? I tentatively think so. The main problems with reverse-engineering human behavior are 1) quality control and 2) applications. Both tend to be dominated by the 1%.

Revealed – the capitalist network that runs the world

NewScientist, Physics and Math. “The work, to be published in PLoS One, revealed a core of 1318 companies with interlocking ownerships (see image).”

Does the term “interlocking ownerships” include interlocking boards of directors? Is the latter addressed at all? My hypothesis is that a small group of “Evil Wizards” runs the world. Many may be on life support in secret, fortified medical facilities. They anonymously direct the world’s governments and corporations via law firms. It is possible that the Evil Wizards take orders from extraterrestrials.

In Greece, two rival reform agendas battle for Europe’s future

“What’s at stake as officials debate Greece’s proposals for a renegotiated bailout is whether Europe stays committed to a radical neoliberal agenda or shifts back toward a social market economy, says DW’s Jasper Sky.”

Neoliberalism = a pseudo-academic facade for irrational market fundamentalism. A social market economy need not be ideological at all, but merely address the empirical realities of market failures.

New work suggests “a universe that was once much smaller, but never had the infinite density currently postulated.”

I can’t follow the actual math, but I have always been skeptical of singularities with infinite density in a dimensionless point. That has never been demonstrated empirically and it seems like an unparsimonious sort of hypothesis. “A very high density in a very small space” seems much more prudent to me.

No, You Shut Up!

Frequently funny, often without resorting to the usual stupidities.

A comedy-news program, hosted by Paul F. Tompkins and his puppet cohorts, that takes on the issues of the day until everyone gets too angry to discuss them any further. (fusion.net)

 

Me And You

timeline of ancient history 2The lamps of sages pierce dark ages,
guiding us through history
but Time has swept us out the door
and swallowed up the key.

Somehow, Love, as of now
Its just you and me.

Paradise was promised us,
but this is what nobody knew:
war and rumors of war in Heaven
kept help from getting through

Somehow, Love, here and now
its just me and you.

Richard

Notes on Property in Commons (draft)

[I’m publishing this draft work-in-progress here to make it easier to get feedback. Feel free to leave a question or comment]

Elinor Ostrom makes the point that commons-pool resources and commons property are different animals. Any particular commons resource can be held under a variety of different property regimes or property law systems. But commons resources and commons property are often confused and used interchangeably.

Resources vs Rights

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The Bundle of Rights

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Bundles, Systems, and Holders of Property Rights (Schlager and Ostrom 1992)

“…most institutional analysts are familiar with the Schlager and Ostrom work on property rights (Schlager, Edella, and Elinor Ostrom. “Property-rights regimes and natural resources: a conceptual analysis.” Land economics (1992): 249-262.). In this piece, they lay out a conceptual map for bundling of various types of property rights with a goal of showing that ownership is more than a simple binary division. Their revised table (from a 1996 book chapter) looks like this:” http://michaelschoon.com/2013/09/25/

property roles and bundles of rights - Ostromspace

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text

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property-rights bundle - big

The Bundle of Property Rights — Click to enlarge (californiarealestatecourses.com/lawcourse/lesson2/L2S1Nar.htm)

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Estates—Rights in real property which are or may become, possessory

1. Freehold estates—exist for an indefinite period of time

a. Fee estates (a fee, an estate in fee, estate of inheritance)

(1) Fee simple absolute—the greatest degree of ownership.

(2) Fee simple defeasible—can be defeated by some condition subsequent

2. Less-than-freehold estates (a leasehold estate)—exists for a determinable period of time—a form of personal property.

a. Estate for years

b. Estate from period to period (e.g., month-to-month)

c. Estate at will

d. Estate at sufferance

[from  Real Estate Trainers, Inc..Legal Aspects of Real Estate]

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Concurrent Estates (tenancy in common, joint tenancy, tenancy by the entirety)

Leasehold

Condominium

Trust (private, charitable, beneficial, etc.)

Beneficial Interest

Community Land Trust

Public Conservation Area

Private Conservancy

Easement

Doctrine of Mortmain

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Do collective property rights make sense? Insights from central Vietnam

Abstract

We draw on empirical results from three case studies of property rights change across forest and fisheries ecosystems in central Vietnam to investigate the circumstances under which collective property rights may make sense. A generic property rights framework was used to examine the bundles of rights and associated rights holders in each case, and to assess these arrangements with regard to their contextual fit, legitimacy and enforceability. The cases illustrate the interactions between private and collective rights to lands and resources, and the trade-offs inherent with different mixes of rights.

1. Introduction

Responding to the challenges of rural poverty and environmental sustainability requires a flexible mix of individual and collective property rights. Resource-based activities shift, depending upon, among other things, household needs, local ecologies and market opportunities. For these reasons, conventional categorization or advocacy of private, collective or public rights rarely account for the complex realities found in particular places (Barry and Meinzen-Dick 2008; German and Keeler 2010). Many property rights arrangements tend to enclose specific areas or reduce some people’s access to specific goods. Overlapping but differentiated ‘bundles of rights’ (Schlager and Ostrom 1992) and hybrid property regimes can offer a more effective lens for understanding property rights complexity. In the context of a mixed public-private or collective rights situation, such bundles of rights may be related to access, withdrawal, management, exclusion and alienation of resources, or parts of a resource, through time and space (Barry and Meinzen-Dick 2008). Farmers or fishers may advocate for part of a bundle of rights (extraction, for example) with other rights residing with the collective or the state (management or alienation, as an example). Sensitivity to circumstance or context reveals that individual, collective and public property rights each have merits (Evans et al. 2010). The challenge for the resource manager, donor or policy-maker is to ‘read’ when and where different rights regimes may be appropriate to support poverty alleviation and sustainable rural livelihoods more generally.

Vietnam has moved from forms of collectivization and state ownership that began in the late 1950s to an ambitious ‘renovation’ program leading to individual land titling in the late 1980s (Do and Iyer 2008). The Doi Moi period (or ‘renovation’) aimed to transform a centralized, state-planned economic system into a more decentralized, market-oriented system whereby the private sector would become the main engine of growth1. One aspect of these reform policies was to devolve authority over production decisions to farmers and enterprises, and to establish property rights (for agricultural land and in some cases for individual households to manage forest areas) to encourage investment and provide a form of collateral for rural dwellers (Sunderlin et al. 2008). The majority of Vietnam’s 90 million people have access to small amounts of land (1–2 ha), particularly in rural, agriculture-focused areas (where 72% of the population lives) (HDR 2009). Policy reforms in the 2000s (e.g. changes to the 2003 Land Law and Fisheries Law) recognized the role for collective rights, once again, to manage forest areas and fishing grounds. However, in the context of increasing privatization of land and marketization of rural production, the contextual fit, legitimacy and enforceability of collective rights has been uncertain…

Insights from the cases highlight how the needs and aspirations of individuals and households do not easily conform to conventional property rights narratives (private vs. collective) or the implementation of policy prescriptions that emerge from these narratives. Results of the analysis contribute to common property theory by showing how local actors may choose to collectively manage and use natural resources (forest lands and aquatic resources in this case) as part of a broader strategy to obtain individual bundles of rights (which may include access, withdrawal, management, exclusion and alienation of resources, or parts of a resource) within the context of a collective rights policy framework.

————–

Beyond Markets and States: Polycentric Governance of Complex Economic Systems, by Elinor Ostrom (2009 Nobel Prize lecture slides)

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Individual garden plots on soviet collective farms

The sovkhozy tended to emphasize larger scale production than the kolkhozy and had the ability to specialize in certain crops. The government tended to supply them with better machinery and fertilizers. Labor productivity (and in turn incomes) tended to be greater on the sovkhozy. Workers in state farms received wages and social benefits, whereas those on the collective farms tended to receive a portion of the net income of their farm, based, in part, on the success of the harvest and their individual contribution.

Although accounting for a small share of cultivated area, private plots produced a substantial share of the country’s meat, milk, eggs, and vegetables.[citation needed]Although never more than 4% of the arable land in the USSR, private plots consistently produced roughly a quarter to a third of agricultural produce. Private plots were among many attempts made to restructure Soviet farming.[citation needed] However, the weak worker incentives and managerial autonomy, which were the crux of the problem, were not addressed.[citation needed]

The private plots were also an important source of income for rural households. In 1977, families of kolkhoz members obtained 72% of their meat, 76% of their eggs and most of their potatoes and eggs from private holdings. Surplus products, as well as surplus livestock, were sold to kolkhozy and sovkhozy and also to state consumer cooperatives. Statistics may actually under-represent the total contribution of private plots to Soviet agriculture.[4] The only time when private plots were completely banned was during collectivization, when famine took millions of lives.[5] 

http://en.wikipedia.org/wiki/Agriculture_in_the_Soviet_Union

Soviets Pushing Food Production On Small Individual Plots

news.google.com/newspapers?nid=1873&dat=19821019…

Soviet law allows country and city dwellers alike to farm as much as one half a plots,— and the yield per acre far outstrips that of state and collective farms.

———-

Party, State, and Citizen in the Soviet Union: A Collection of … – Page 258 – Google Books Result

The collective farm member’s personal household plot 57. use of a plot of land adjacent to their house as a vegetable garden, orchard, or to meet other needs.

Under the Collective Farm Charter (1935), individual farmers were permitted to keep small garden plots and a few animals for domestic use, and to sell surplus production in local free markets. http://encyclopedia2.thefreedictionary.com/collective+farm

Bibliography

See R. W. Davies, The Soviet Collective Farm (1980); W. Hinton, The Great Reversal (1989); A. Etzioni et al., ed., The Organizational Structure of the Kibbutz (1980).

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owners lavished more care and effort on their own crops than on collective or state fields. Comparative Economic Systems: Transition and capitalism alternatives – Page 96 – Google Books Result

Self-Sustainability of Subsidiary Household Plots: Lessons for

region actually was a combination of collective, state, and individual farming. Subsidiary household plots (lichnyye podsobnyye khozyaystva in Russian) culti ….. hectare, while the average yields in Russia are 18-20 centners per hectare. ….. Durgin, F., “Household Garden Plots,” RSEEA Newsletter, 13, 3, September 1991
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The Meaning of Property “Rights:” Law vs. Economics?“Given the importance of property “rights” in economics, it might be expected that there would be some consensus in economic theory about what property “rights” are. But no such consensus appears to exist. In fact, property “rights” are defined variously and inconsistently in the economics literature.”
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Analysis: Cuba’s derechos de superficie: Are they ‘real’ property rights?

A derecho de superficie is a derecho real over land that does not belong to its holder (the superficiario), but that the owner of the land in question concedes while retaining the title (dominio, or ownership) to the land itself. The superficiario is thus allowed to build and/or plant on the land while the laws acknowledge his own rights over the buildings or structures and plantations so emplaced as independent from the title holder or land-owner’s rights. Superficie rights are usually only temporary in nature. Once the superficie rights expire, when the term stipulated in its title (the grant or concession creating it) runs its course, or when it is otherwise extinguished, a reversion takes place and the owner of the land takes title to the buildings or improvements made on his land by the superficiario.

Over the past few years, the derecho de superficie has been enjoying a comeback in a number of countries — in Spain, in Argentina, even in China. And the Cuban Civil Code’s provisions on this topic are often cited as an example by those who urge their countries’ legislatures to make superficie rights part of their laws.

One of the reasons behind this resurge is intrinsically tied to societal models that, even if presently evolving (some faster than others), seek to keep the direct ownership of land in the hands of the state, such as Cuba.

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Pensacola Beach is actually located on a barrier island in Escambia County, connected to the mainland Pensacola and Gulf Breeze by the Bob Sykes bridge. The land belongs to the Federal Government by virtue of a 1947 deed which leases it to the businesses and residents in 99 year increments, making them long-term leaseholders through the Santa Rosa Island Authority, instead of property owners. http://www.gibbons-realty.com/pensacola-beach-homes-and-condos/

Santa Rosa Island Authority

Pensacola Beach, is owned by Escambia County, Florida, and is under the direction of the Santa Rosa Island Authority (SRIA). The SRIA was created by the Florida legislature in 1947 under Chapter 24500. The SRIA does not receive tax support from the taxpayers of the county. It is fully funded from rental fees collected from business and residences on the beach.

The Authority is made up of six members, five are named by members of the Escambia County Board of County Commissioner and whose term is the same as the commissioner who appointed them. The sixth member is elected by the registered voters on Pensacola Beach. The sixth members’ term is two years.

Because of restrictions placed in the legal document from the United States government, land may not be purchased on Pensacola Beach; instead property is rented by the Island Authority for varying periods of time.

Pensacola Beach is about 1,474 acres, which make up approximately 30% of Escambia County on Santa Rosa Island. Pensacola Beach is about eight miles long and a quarter mile at its widest. At the present time 60% of Pensacola Beach is public use or public service land with the remaining 40% rented for residential and commercial use.

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Open access vs. the commons

When Hardin (1968, p. 1244) asked his readers to “[p]icture a pasture open to all,” he was referencing an ungoverned open-access regime from which nobody could be excluded. Yet by calling the resulting collective action problem “the tragedy of the commons,” the notion of common property became conflated with the lawless (or law-free) condition of open access. The distinction between open-access and common property was made decades ago by Ciriacy-Wantrup and Bishop (1975) and has been reiterated by Ostrom (e.g. 1999, pp. 335–336; see also Schlager and Ostrom 1992) and others (e.g. McCay 1996, p. 113; Dagan and Heller 2001, pp. 556–557; Eggertsson 2003, pp. 75–76). Yet confusion on this point has yet to be fully eradicated. Recognizing that nearly all “private” property is actually owned (or at least used) by groups, such as households or firms, offers one way around this blind spot. These everyday examples of non-tragic commons lead us to ask not whether common property is feasible at all, but rather under what circumstances and at what scale.

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Lee Anne FennellUniversity of Chicago Law School, lfennell@uchicago.edu
Abstract

Elinor Ostrom’s work has immeasurably enhanced legal scholars’ understanding of property. Although the richness of these contributions cannot be distilled into a single thesis, their flavor can be captured in a maxim I call Ostrom’s Law: A resource arrangement that works in practice can work in theory. Ostrom’s scholarship challenges the conventional wisdom by examining how people interact over resources on the ground – an approach that enables her to identify recurring institutional features associated with long-term success. In this essay, I trace some of the ways that Ostrom’s focus on situated examples has advanced interdisciplinary dialogue about property as a legal institution and as a human invention for solving practical problems. I begin by highlighting the attention to detail that characterizes Ostrom’s methodology. I then examine how Ostrom’s scholarship yields insights for, and employs insights from, property theory. Next, I consider the question of scale, an important focal point of Ostrom’s work, and one that carries profound implications for law. I conclude with some observations about interdisciplinarity as it relates to research on the commons.

Keywords

anticommons; commons; interdisciplinarity; models; scale; semicommons

New World Justice League

Justice League of America

Justice League of America (fanpop.com)

This is a crowd-funding proposal to support a series of encounter sessions between outstanding intellectual and cultural leaders, together with some leaders of tomorrow.

It may also evolve into a permanent institute with its own office/lab complex and attached jetport.

I love and admire the people listed below as possible candidates for these events, but I perceive that  our moral and intellectual leadership is in a crisis just as the rest of us are. We are stuck. I believe it’s because in some way we have become too alienated, too isolated, and too used to our grooves, as energetic as they may be. And it is only so much worse for our men and women of great depth and vision, atop their solitary mountaintops of genius. And I’m sure that to these penetrating minds, the converging crises facing life on this planet can seem pretty hopeless.

Like the superheroes in the Justice League comics, our public intellectuals and activists tend to be an individualistic lot with strong, independent personalities. What I find to be such a great metaphor in the comics is the way the superheroes argue and fight amongst themselves.

Furthermore, humans fail to communicate and cooperate at our full capacities because of addictive and narcissistic obsessions with our individual egos. We are all compulsive ego masturbators addicted to auto-stimulating the release of endogenous neurochemical cocktails. Ironically our most intelligent, creative, and charismatic individuals seem to suffer from this the most.

One thing we may need is some face time and some campfire time together. While the sages sit around a circle of their peers, the rest of us will gather in larger circles of our own peers around them.

Marc Edwards recently wrote in the Integral Leadership Review,

“…followership has been neglected as an essential quality of leaders at the executive level of management. The qualities of good followership, for example, of being able to listen, to provide and seek feedback, of loyalty and of signalling errors and anomalies have been undervalued at senior levels of executive leadership.” –, Leadership as Holarchy: leading/following in peer governance

One way in which I feel our intellectual leadership fails at followership and peership may be due more to their individualism than to their scheduling constraints– I don’t think they share enough common face-time with their own peers. I think we need a general assembly of our public mentors and intellectual innovators. I wouldn’t completely rule out locking batches of them up in 24 hour encounter marathons, Esalen style.

It is customary for third parties to host the odd forum of two or three such celebs now and then, but I think it is a failure of both leadership and followership that larger groups of our brightest and best don’t get together on their own initiative far more often. IMO this is one of the key obstacles to creating the critical mass and internal cohesion needed for a stronger, more confident, and more sustained mass movement. It is inevitable that we take certain cues from our mentors. Books, articles, emails, one-on-one interviews, and individual public lectures are necessary but not sufficient. The US Founders had to occasionally caucus together in common rooms at close quarters–or the US may ultimately have been still-born.

The people listed below are among our very best and brightest, and that means they are filling big shoes–shoes that in other generations were filled by people like Franklin, Jefferson, Lincoln, Thoreau,  Gandhi, MLK, Sojourner Truth, “Mother” Jones , or Eleanor Roosevelt .

Now things have come around to the point that our current  leaders are facing a kind of moment no less grave and momentous than that which prompted Ben Franklin to say “We must, indeed, all hang together, or most assuredly we shall all hang separately.”

Human culture has always evolved more rapidly than our anatomy. But even the rapid progress of our culture in the past few centuries has begun to fall behind the pace of changes and challenges we now face in our crowded societies and  our ravaged environment. Rather than rising to meet these challenges, our social institutions show signs of actually breaking down and becoming less effective. Increasing competition over land, water, food, and other resources is likely to favor increasingly authoritarian institutions. While technology offers solutions to resource problems in theory, in practice it also favors greater stratification of wealth and power. If recent trends continue we may be faced with a future of highly authoritarian corporate neofeudalism (privatized government).

As we congress with one another on the most human level possible we need to begin from a point of deeply troubling  confession. No matter how sincere and committed we have all been in our lives, the world has undergone increasing destruction on our watch. Our past, best efforts haven’t been good enough. Somehow we must up our game. Isn’t that clear yet? But none of us knows how to do that alone, using our old, familiar  moves. We must find something new in the synergy of our shared love, hope, fear and grief. Perhaps we can do as our forefathers once did, in the closing words of the United States Declaration of Independence, and “mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”

This is an initial list of suggested social and intellectual leaders who will be invited to attend these events.

 

This might take the form of a retreat center that would give the top 100 public intellectuals, activists, progressive leaders, etc. lots more face time with each other without a busy, crowded “conference” agenda.

I started by thinking of the comic books “Justice League” and “League of Extraordinary Gentlemen” and extending that intuitive or instinctive approach of calling upon heroes to calling upon our present day progressive heroes and thought leaders to join forces.

Of course they already see themselves (wrongly) as being in joined forces but for that to be true and actually work they need to hang out more. Crossing paths at a conference or interview doesn’t really get them in sync.

Probably what we need is a college that can give all these people an office/lab complex and paid seats on an “institute” for saving the world. There might be an attached jetport as well.

There might also be continuous retreat “pools” that people can join and leave at will, or scheduled events over a course of years. The entire project would be not-for-profit and the funding target will allow scholarships to each public event.

There will be three main tiers of funding–institutional, organizational, and individual. The higher tiers get more input in selecting the participants, venues, and schedules. Lower tiers get to nominate “pioneers” and attend the events.

Poor Richard

 

Related:

Deceler8: A peer-driven retreat to declutter & refocus yourself

Human Broadband Connections

Source: Wikimedia

[Note: this is a reposting of material that is buried rather deeply in two other essays on this blog, xTopia and  The Meaning of Life.]

We all know things we don’t know how to express in words. When we try, they often sound like cliches and tautologies. But sometimes progress comes through persistent interaction with a friend, a partner, or a colleague. Sometimes two heads or three heads are better than one. Sometimes people who spend a lot of time together develop special kinds of connections. If we live or work together long enough and closely enough we may begin to establish what I call human broadband connections. This may evolve further as we keep house, interact with nature, travel, solve problems, share adventures, meet challenges and survive crises together, until we can finish each others sentences. We are beginning to realize that such intimacy can gradually change the chemistry and structure of the nervous system and allow for progressively increasing inter-personal communication bandwidth and synchronization. One example is menstrual synchrony.

Some might consider it to be an interpersonal spiritual connection, but it is a natural phenomenon that I would call bio-cognitive development (bio-cognitive = body + brain) and psycho-neuro-synchronization.

Bio-cognitive development partners are two or more peers engaging in an in-person practice that focuses not on learning facts but developing and practicing bio-cognitive skills such as high-bandwidth psycho-neuro-synchronization. Perhaps a more self-explanatory term is “interpersonal neural synchronization”. As psycho-physiological intimacy and coordination increases over time, the bandwidth and synchronization of the bio-cognitive communication increase. Some of the coordinating feedback channels are:

.

.

.Voice modulation, body language , airborne chemicals, and physical contact all stimulate the release of a wide array of neurotransmitters and other hormones throughout the body. These change the states of neural networks, nerves, and tissues throughout the body. That much is established fact.

Image: bigthink.com

My additional hypothesis is that all these channels of communication can gradually come into greater synchronization between people. Its similar to the way higher data throughput is achieved between nodes in a communication network as they each synchronize to the same timing, states, and protocols. The rate at which this happens between people and the degree to which it happens depends on the innate psycho-physiological characteristics of the participants as well as their acquired proficiencies. When well developed, interpersonal bio-cognitive communication bandwidth may change as much as the difference between a 300 baud asynchronous modem connection and a 10-gigabit broadband connection.

The importance of shared activity to developing bio-cognitive intimacy and high communication bandwidth can’t be over-emphasized. Important activities include, but aren’t limited to: singing and dancing, eating and drinking (especially alcohol), domestic housekeeping (especially kitchen work), manual labor (gardening/farm work, carpentry, etc.), professional work, artistic collaboration, dialog/debate, sports and recreation (camping is great), traveling, and adventure. Sharing risks and crises is especially effective for promoting empathy and trust. The more time participants spend together the better. Sharing living quarters and workplaces is especially effective, within the limits of intimacy fatigue. And of course if these things are done mindfully, with the intention of developing high-bandwidth intimacy, and with appropriate methods and skills, excellent results are possible. I have achieved such intimacy with several individuals and small groups who lived and worked together.

“There is almost a sensual longing for communion with others who have a large vision. The immense fulfillment of the friendship between those engaged in furthering the evolution of consciousness has a quality impossible to describe.”
-Pierre Teilhard de Chardin

As my friend Natural Lefty points out, on some level this is common sense and I am merely stating a truism of social psychology: people who hang together synchronize their language, culture, and behavior to some extent. This can have survival advantages but it can also have negative consequences such as excessive conformity or “group-think”. It can promote cooperation or it can lead to intra-group or inter-group conflicts. Even members of a well-organized wolf pack may attack each other savagely. So the devil is in the details–what are the actual empirical effects of cognitive synchronization and development in practice, on the ground. What effects prove positive and what effects lead to negative consequences. The process of distinguishing between the positive and negative results, maximizing one and minimizing the other, can be thought of as a process of quality control and continuous improvement.

To achieve continuous improvement and positive quality control, we should systematize and instrument our intentional community of self-study and self-development. We should consciously formalize our group dynamics in a context of systems science and rigorous experimental design. Process transcends objectives, but measurable objectives provide important feedback for process improvement.

The prerequisites for bio-cognitive development and psycho-neuro-synchronization of groups are motivation, opportunity, and resources. It is important that various conditions and tools are provided.

One way to provide conditions for bio-cognitive group development is to establish venues for the kinds of activities mentioned above, in which those activities can be offered to the public and simultaneously shared by a residential staff group. Another approach is to establish intentional communities. These can be urban or rural.

In addition to the shared activities mentioned above, some of the possible tools and techniques for bio-cognitive development and psycho-neuro-synchronization include:

These and many other tools can be used for increasing adult brain plasticity and promoting emotional and physiological states that enhance learning, memory, and neural network integration. Conducted in groups they can also promote psycho-neuro-synchronization and bio-cognitive group intimacy.

All this provides a matrix for accelerated cultural and cognitive evolution that is independent of gross brain anatomy. (Lets face it, we aren’t getting bigger brains any time soon.) Nonetheless, there is good reason to hope that radical self-knowledge, bio-cognitive development, neuro-physiological practice, and psycho-neuro-synchronization may all work together to promote developmental changes in the brain’s micro-structure and its operational patterns. We can try to examine and consciously modify various aspects of our irrationality, automaticity, implicit associations, cognitive biases, etc. With all these tools and techniques we may have a shot at developing a kind of persistent group consciousness capable of hosting perceptions and representations of reality and establishing behavioral innovations and capabilities well beyond the confines of the mainstream culture and language.

This just might help us keep each other alive a few decades longer.

Poor Richard

Related PRA 2.0 Posts:

Related Resources

Manufacturing Crisis

crisis

Image Source: beforeitsnews.com

or, Warmongers “R” Us.

The 1% has been progressing from crisis management to crisis exploitation to manufacturing artificial crisis as a means to an end. Manufacturing crisis is the take-no-prisoners, attack without mercy version of manufacturing consent

Crises range from 100% natural to 100% man-made with many combinations of the two.

Disaster capitalism (Naomi Klein) is only one example of how crises can be exploited by individuals and groups that are prepared or equipped to take advantage of the special circumstances that exist during and after a crisis.

The aims of crisis exploitation may range from lowering the market price of assets prior to acquisition to non-economic goals such as military or political advantage.

A classic example of crisis exploitation is war profiteering which is widely considered immoral and sometimes criminal. The worst cases may be those in which a third party actually instigates or provokes a war, or throws fuel on an existing conflict, for the purpose of exploiting the situation for financial and/or political gain.

Even such relatively benign cases of artificial crisis as the “Fiscal Cliff” may ultimately lead to real-world economic and physical casualties.

Meanwhile there seems to be a world-wide trend toward  populations and cultures becoming more internally divided along left-right (or egalitarian-authoritarian, secular-religious, etc.) lines. Conditions are increasingly ideal for creating and exploiting many kinds of crises.

Divide and rule … that seems to be how the snowball of globalization is going to roll until the people of Earth are fully converted to neofeudalism (private governance) and our brief experiments in self-government, democracy, the commons, and the public trust are fading from human memory.

As our social, economic, and ecological systems deteriorate I won’t be surprised if national civil wars continue to proliferate, eventually fusing into a bloody global culture war. Under such conditions some kind of Pax Plutocratica may be the best we can look forward to.

Poor Richard

see also

Understanding crisis exploitation

New Word Order keywords: Crisis Profiteer, Crisis-monger, Crisis Vulture

 

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