Ten Commandments of Peer Production and Commons Economics

For the Uncommons conference in Berlin on October 23, Michel Bauwens recently distilled his years of thinking about digital collaboration into a short text, “Ten Commandments of Peer Production and Commons Economics.”  The document describes the key pillars of “a mode of production and value creation that is free, fair and sustainable.”  I am reproducing his entire text here because I think it is so succinct and seminal.

As we have tried to show elsewhere, the emergence of Commons-Oriented Peer Production has generated the emergence of a new logic of collaboration between open productive communities who created shared resources (commons) through contributions, and those market-oriented entities that created added value on top or along these shared commons.

This article addresses the emerging practices that should inspire these entities of the 'ethical' economy. The main aim is to create new forms that go beyond the traditional corporate form and its extractive profit-maximizing practices of value extraction. Instead of extractive forms of capital, we need generative forms, that co-create value with and for the commoners.

I am using the form of commandments to explain the new practices. All of them have already emerged in various forms, but need to be generalized and integrated.

What the world and humanity, and all those beings that are affected by our activities require is a mode of production, and relations of production, that are “free, fair and sustainable” at the same time.

OPEN AND FREE

1. Thou shall practice Open Business Models based on shared knowledge

Closed business models are based on artificial scarcity. Though knowledge is a non- or anti-rival good that gains in use value the more it is shared, and though it can be shared easily and at very low marginal cost when it is in digital form, many extractive firms still use artificial scarcity to extract rents from the creation or use of digitized knowledge. Through legal repression or technological sabotage, naturally shareable goods are made artificially scarce, so that extra profits can be generated. This is particularly galling in the context of life-saving or planet-regenerating technological knowledge. The first commandment is therefore the ethical commandment of sharing what can be shared, and only creating market value from resources that are scarce and create added value on top or along these commons. Open business models are market strategies that are based on the recognition of natural abundance and the refusal to generate income and profits by making them artificially scarce.

Thou shall find more information on this here at http://p2pfoundation.net/Category:Business_Models

FAIR

2. Thou shall practice Open Cooperativism

Many new more ethical and generative forms are being created, that have a higher level of harmony with the contributory commons. The key here is to choose post-corporate forms that are able to generate livelihoods for the contributing commoners.

Open cooperatives in particular would be cooperatives that share the following characteristics:

1) they are mission-oriented and have a social goal that is related to the creation of shared resources

2) they are multi-stakeholder governed, and include all those that are affected by or contributing to the particular activity

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Praising and Shaming in Civic Tech (or Reversed Nudging for Government Responsiveness) 

The other day during a talk with researcher Tanya Lokot I heard an interesting story from Russia. Disgusted with the state of their streets, activists started painting caricatures of government officials over potholes.

 

In the case of a central street in Saratov, the immediate response to one of these graffiti was this:  

 

Later on, following increased media attention – and some unexpected turnarounds – the pothole got fixed.

That reminded me of a recurrent theme in some conversations I have, which refers to whether praising and shaming matters to civic tech and, if so, to which extent. To stay with two classic examples, think of solutions such as FixMyStreet and SeeClickFix, through which citizens publically report problems to the authorities.

Considering government takes action, what prompts them to do so? At a very basic level, three hypothesis are possible:

1) Governments take action based on their access to distributed information about problems (which they supposedly are not aware of)

2) Governments take action due to the “naming and shaming” effect, avoiding to be publically perceived as unresponsive (and seeking praise for its actions)

3) Governments take action for both of the reasons above

Some could argue that hypothesis 3 is the most likely to be true, with some governments leaning more towards one reason to respond than others. Yet, the problem is that we know very little about these hypotheses, if anything. In other words – to my knowledge – we do not know whether making reports through these platforms public makes any difference whatsoever when it comes to governments’ responsiveness. Some might consider this as a useless academic exercise: as long as these tools work, who cares? But I would argue that the answer that questions matters a lot when it comes to the design of similar civic tech initiatives that aim to prompt government to action.

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Let’s suppose that we find that all else equal governments are significantly more responsive to citizen reports when these are publically displayed. This would have importance both in terms of process and technological design. In terms of process, for instance, civic tech initiatives would probably be more successful if devoting part of their resources to amplify the visibility of government action and inaction (e.g. through local media). Conversely, from a technological standpoint, designers should devote substantive more effort on interfaces that maximizes praising and shaming of governments based on their performance (e.g. rankings, highlighting pending reports). Conversely, we might find that publicizing reports have very little effect in terms of responsiveness. In that case, more work would be needed to figure out which other factors – beyond will and capacity – play a role in government responsiveness (e.g. quality of reports).   

Most likely, praising and shaming would depend on a number of factors such as political competition, bureaucratic autonomy, and internal performance routines. But a finer understanding of that would not only bear an impact on the civic tech field, but across the whole accountability landscape. To date, we know very little about it. Yet, one of the untapped potential of civic technology is precisely that of conducting experiments at lowered costs. For instance, conducting randomized controlled trials on the effects on the publicization of government responsiveness should not be so complicated (e.g effects of rankings, amplifying visibility of unfixed problems). Add to that analysis of existing systems’ data from civic tech platforms, and some good qualitative work, and we might get a lot closer at figuring out what makes politicians and civil servants’ “tick”.

Until now, behavioral economics in public policy has been mainly about nudging citizens toward preferred choices. Yet it may be time to start also working in the opposite direction, nudging governments to be more responsive to citizens. Understanding whether praising and shaming works (and if so, how and to what extent) would be an important step in that direction.

***

Also re-posted on Civicist.


Legal Innovations in Beating the Bounds (cont.), Part III of Law for the Commons

Today's post is the third in a four-part series derived from my strategy memo, "Reinventing Law for the Commons."  This excerpt continues with Part II, "Legal Innovations in Beating the Bounds," with "clusters" #5 through #9. The collection of entries here are now posted on a Commons for the Law wiki hosted by the Commons Transition website.

5.  Co-operative Law

There are a number of legal and organizational innovations transforming co-operatives these days, making them moreoriented to commoning and the common good than just marketplace success. However, these innovations are geographically dispersed and not necessarily widely known, even within the co-operative movement.  One of the most notable new organizational forms is the multistakeholder co-operative (or “social and solidarity cooperative”), which has been rapidly proliferating in recent years.  It got its start in Italy in 1963 when families in Italy joined forces with paid care workers to develop co-operatives to provide social care, healthcare and educational services. This new paradigm collectivizes and centralizes basic overhead services (administration, personnel, accounting, etc.) and in this way empowers smaller social economy ventures (similar to “omni-commons,” see section #8 below). 

In a sense, multistakeholder co-ops regularize governance for co-stewardship of commons spaces and moves away from rigid bureaucratic methods that increasingly don’t work.[1]  Multistakeholder co-ops now employ more than 360,000 in paid jobs, including the disabled, the formerly imprisoned and marginalized people, and more than 40,000 volunteers.  Social co-operatives have spread to all regions of Italy and today number more than 14,000, making it a significant sector of the Italian economy that is neither market- nor state-based.  Today there are multi-stakeholder co-operative movements in Quebec in Canada and in a wide number of countries in Europe including France, Spain, Poland, Hungary, Finland and Greece[2].

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“A Historical Mandate for Expanding Broadband Internet Infrastructure” (2010)

Photo of the cover of the Review of Policy Research.I wrote and published this piece in 2010 and have meant to come back to it. It looks at the arguments that were given on the issue of government postal roads and offices, when the Founders were drafting the U.S. Constitution. They believed that the immediate and free flow of information is essential to the proper functioning of a democratic government. You cannot get more immediate than internet communication.

The idea that the government would be involved in that, rather than only private industry, at least in setting the basic foundation for free-flowing communications, was thought essential. Otherwise it would be very cheap to communicate within a city, but very expensive for those who lived in rural areas, like where I live, in Mississippi.

Portrait of Senator Trent Lott.Check it out. Guess who makes an appearance in the paper — none other than a young then-Congressman Trent Lott (I work with the Lott Institute), who was the moderate voice in a discussion with American Enterprise Institute representatives. The AEI folks felt quite sure that private industry was all that was needed. Lott was forward thinking, even, suggesting in the 1970s (!) that the post office should be looking into electronic communication. They did not do that, unlike France, and look at where our postal services are compared to the French – or trust me, the latter’s faring far better. They’re even looking into drone delivery services.

The topic of this paper is important to me, as it attends to an area in which we might build up American infrastructure in a way that is enabling of business and democratic communication. Keep in mind that many private businesses — newspapers — wanted the post office mail for free! Yes, read the paper. Mailing letters, catalogs, and payments, enables business, even if it takes some government regulation of part of a market — postal communication — to do so.

When I delivered this paper years ago at the Policy Studies Organization’s Dupont Summit conference in Washington, D.C., a representative from the American Enterprise Institute, whom I won’t name, told me that I had convinced him, which was a nice compliment. “It’s in the Constitution,” he said. Indeed, there’s a Constitutional basis for public investment in improving our infrastructure.

Read the paper on Academia.edu

Citation

Weber, Eric Thomas. “A Historical Mandate to Expand Broadband Internet Infrastructure.” Review of Policy Research 27, Issue 5 (2010): 681-689.

The Commons and EU Knowledge Policies

One of the great advantages of a commons analysis is its ability to deconstruct the prevailing myths of “intellectual property” as a wholly private “product” – and then to reconstruct it as knowledge and culture that lives and breathes only in a social context, among real people.  This opens up a new conversation about if and how property rights in knowledge should be granted in the first place.  It also renders any ownership claims about knowledge under copyrights and patents far more complicated -- and requires a fair consideration of how commons might actually be more productive substitutes or complements to traditional intellectual property rights.

After all, it is taxpayers who subsidize much of the R&D that goes into most new drugs, which are then claimed as proprietary and sold at exorbitant prices.  Musicians don’t create their songs out of thin air, but in a cultural context that first allows them to freely use inherited music and words from the public domain -- which future musicians must also have access to. Science can only advance by being able to build on the findings of earlier generations.  And so on.

The great virtue of a new report recently released by the Berlin-based Commons Network is its application of a commons lens to a wide range of European policies dealing with health, the environment, science, culture, and the Internet.  “The EU and the Commons:  A Commons Approach to European Knowledge Policy,” by Sophie Bloemen and David Hammerstein, takes on the EU’s rigid and highly traditional policy defense of intellectual property rights.  Bloemen and Hammerstein are Coordinators of the Berlin-based Commons Network, which published the report along with the Heinrich Böll Foundation.  (I played a role in its editing.)  The 39-page report can be downloaded here -- and an Executive Summary can be read here

“The EU and the Commons” describes how treating many types of knowledge as commons could not only promote greater access to knowledge and social justice, it could help European economies become more competitive. If EU policymakers could begin to recognize the generative capacities of knowledge commons, drug prices could be reduced and climate-friendly “green technologies” could be shared with other countries. “Net neutrality” could assure that startups with new ideas would not be stifled by giant companies, but could emerge. And scientific journals, instead of being locked behind paywalls and high subscription fees, could be made accessible to anyone.

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Three New Papers (and a presentation) on Civic Tech

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This blog has been slow lately, but as I mentioned before, it is for a good cause. With some great colleagues I’ve been working on a series of papers (and a book) on civic technology. The first three of these papers are out. There is much more to come, but in the meantime, you can find below the abstracts and link to each of the papers. I also add the link to a presentation which highlights some other issues that we are looking at.

  • Effects of the Internet on Participation: Study of a Public Policy Referendum in Brazil.

Does online voting mobilize citizens who otherwise would not participate? During the annual participatory budgeting vote in the southern state of Rio Grande do Sul in Brazil – the world’s largest – Internet voters were asked whether they would have participated had there not been an online voting option (i-voting). The study documents an 8.2 percent increase in total turnout with the introduction of i-voting. In support of the mobilization hypothesis, unique survey data show that i-voting is mainly used by new participants rather than just for convenience by those who were already mobilized. The study also finds that age, gender, income, education, and social media usage are significant predictors of being online-only voters. Technology appears more likely to engage people who are younger, male, of higher income and educational attainment, and more frequent social media users.

Read more here.

  • The Effect of Government Responsiveness on Future Political Participation.

What effect does government responsiveness have on political participation? Since the 1940s political scientists have used attitudinal measures of perceived efficacy to explain participation. More recent work has focused on underlying genetic factors that condition citizen engagement. We develop a ‘Calculus of Participation’ that incorporates objective efficacy – the extent to which an individual’s participation actually has an impact – and test the model against behavioral data from FixMyStreet.com (n=399,364). We find that a successful first experience using FixMyStreet.com (e.g. reporting a pothole and having it fixed) is associated with a 54 percent increase in the probability of an individual submitting a second report. We also show that the experience of government responsiveness to the first report submitted has predictive power over all future report submissions. The findings highlight the importance of government responsiveness for fostering an active citizenry, while demonstrating the value of incidentally collected data to examine participatory behavior at the individual level.

Read more here.

  • Do Mobile Phone Surveys Work in Poor Countries? 

In this project, we analyzed whether mobile phone-based surveys are a feasible and cost-effective approach for gathering statistically representative information in four low-income countries (Afghanistan, Ethiopia, Mozambique, and Zimbabwe). Specifically, we focused on three primary research questions. First, can the mobile phone survey platform reach a nationally representative sample? Second, to what extent does linguistic fractionalization affect the ability to produce a representative sample? Third, how effectively does monetary compensation impact survey completion patterns? We find that samples from countries with higher mobile penetration rates more closely resembled the actual population. After weighting on demographic variables, sample imprecision was a challenge in the two lower feasibility countries (Ethiopia and Mozambique) with a sampling error of /- 5 to 7 percent, while Zimbabwe’s estimates were more precise (sampling error of /- 2.8 percent). Surveys performed reasonably well in reaching poor demographics, especially in Afghanistan and Zimbabwe. Rural women were consistently under-represented in the country samples, especially in Afghanistan and Ethiopia. Countries’ linguistic fractionalization may influence the ability to obtain nationally representative samples, although a material effect was difficult to discern through penetration rates and market composition. Although the experimentation design of the incentive compensation plan was compromised in Ethiopia and Zimbabwe, it seems that offering compensation for survey completion mitigated attrition rates in several of the pilot countries while not reducing overall costs. These effects varied across countries and cultural settings.

Read more here.

  • The haves and the have nots: is civic tech impacting the people who need it most? (presentation) 

Read more here.


How to Rein in Monopoly-like Network Platforms?

The latest issue of Boston Review has a lively forum on the growing power of network-based businesses such as Amazon, Uber and Airbnb.  These companies may not be monopolies in the strict conventional sense of the law, but they nonetheless use their market dominance and network platforms to extract all sorts of advantages from competitors, suppliers and consumers. 

K. Sabeel Rahman, a professor at Brooklyn Law School, presented his assessment of the situation, and then nine people of various persuasions (including me) responded.  Rahman stated the problem succinctly:

The kinds of power that Amazon, Comcast and companies such as Airbnb and Uber possess can’t be seen or tackled via conventional antitrust regulations.  These companies are not, strictly speaking, monopolies; Urban and Airbnb, in particular, do not engage in the kind of price-fixing or market dominance that is the usual target of antitrust regulation today.  These companies are better understood as platforms or utilities:  they provide a core, infrastructural service upon which other firms, individuals and social groups depend.

The problem is that conventional antitrust regulation isn’t really equipped to deal with information economy platforms, which tend to connect buyer and sellers in more efficient ways while offering very low prices. What’s the problem with that? Well, the problem is open networks paradoxically result in "power law" outcomes in which a minority of players tend to dominate the universe of users. Some companies have used this network-based advantage to limit competitors' access to the market, impose unfair conditions on consumers or producers, and evade consumer and labor-rights laws. 

Rahman calls for a re-purposing of Progressive era policies from a century ago that tamed large monopolies like railroads by subjecting them to public utility regulation. Is this the way to go? Juliet Schor of Boston College agrees that there is a problem, but considers the regulatory approach nostalgic and unimaginative. She argued: 

“Peer-to-peer structure and peer ownership of capital undermine the argument for private ownership of platforms and, by extension, for the public utility model.  This is not to say there isn’t a strong public interest in this sector – there is.  But the compelling feature of these entities is that most of the value in the market is produced by the peers, not the platforms.  This suggests that platforms can and should be owned and governed by users.  If they are, we can worry less about rent extraction, concentrations of political power, and the other concerns Rahman raises.”

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On the Commodification of Human Discovery

Not so long ago, the language of “intellectual property” (IP) was the only serious way of talking about creative works and inventions.  Copyright and patents provided the default framework for explaining how someone’s bright idea grew into a marketable product, and how that in turn contributed to economic growth and human progress. It was a neat, tidy, reassuring story.  It had an irresistible simplicity – and the endorsement of the ultimate authority, government.

And then…. the pluriversal realities of life came storming the citadel gates!  Over the past fifteen or twenty years, the monoculture narrative of IP has been attacked by indigenous cultures, seed activists, healthcare experts, advocates for the poor, the academy, and especially users of digital technologies.  It has become increasingly clear that the standard IP story, whatever its merits on a smaller scale, in competitive industries, is mostly a self-serving, protectionist weapon in the hands of Hollywood, record labels, book publishers, Big Pharma and other multinational IP industries. 

We can thank the authors of a new anthology for helping to explain how the standard IP narrative is profoundly flawed, and how an array of challengers are showing how knowledge-creation so often emerges through social commons.

Free Knowledge:  Confronting the Commodification of Human Discovery, edited by Patricia W. Elliott and Daryl H. Hepting, provides a refreshing survey of the many realms in which corporations are enclosing shared knowledge -- and a sampling of commons that are democratizing the production and control of knowledge. (The book is published by University of Regina Press, and is licensed under a Creative Commons BY-NC-ND license.)

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Benkler on the Uber-ification of Services

Harvard law professor Yochai Benkler gave attendees at the World Economic Forum in Davos a dire warning about future instability if the “Uber-ification of all services” continues.  In his intense six-minute talk, “Challenges of the Sharing Economy,” Benkler notes how open networks and collaborative production models have led to the “destabilization of the firm," and ultimately threaten to bring about “the potential reorganization of the entire services sector.”

In light of this epochal shift, he declares, the critical question is: “Will [this shift] allow embedding economic production in the same kind of social solidarity trust models that we saw with the emergence of Wikipedia? Or will the externalization of risk onto the people formerly known as employees create severe disruption?” 

The big challenge today, he argued, is that the social and the political have diverged, as demonstrated by the Occupy movement. And this leads to worrisome social pressures that the political system is disinclined to address.

I realize that Benkler must have been under a strict time limit -- he was talking quite rapidly for this talk -- but it sure would be nice to hear his proposed solutions for re-integrating the social and the political in functional ways, and how he proposes moving that agenda forward.  But at least the Davos crowd was alerted to this fundamental political challenge. Whether they will deign to recognize the issue and move beyond their adulation for the Uber, Airbnb and other lucrative forms of network monopoly is another matter.

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Ubiquitous Commons: The Struggle to Control Our Data

Over the past twenty years, there has been such a proliferation of computers, smartphones, digital devices, surveillance cameras, maps, mobile applications, sensors and much else – all of it networked through the Internet, wireless and telephone connections – that an unimaginably vast new body of personal data is being generated about us, individually and collectively.    

The question is, Can we possibly control this data to serve our own desires and purposes?  Or will we be modern-day techno-peasants controlled by the neo-feudal masters on the hill, Facebook, Google and Twitter and their secret and not-so-secret partners in the US Government?

Finding an effective response to this worsening situation is not going to be easy, but one brave initiative is attempting to start a new conversation about how to build a new, more socially benign data order.  The Ubiquitous Commons, a project launched by Italians Salvatore Iaconesi and Oriana Persico, seeks to find new technological, legal and social protocols for managing the sheer ubiquity of networked information, and for assuring us some control over our digital identities.  Their basic idea is “to promote the adoption of a new type of public space in which knowledge is a common," which they describe as "ubiquitous commons."

Iaconesi and Persico believe that vital public and personal information should not be controlled by large proprietary enterprises whose profit-driven activities are largely hidden from public view and accountability.  Rather, we should be able to use our own data to make our own choices and develop “ubiquitous commons” to meet our needs. 

Why should Facebook and its social networking peers be able to control the authentication of our digital identities?  Why should they decide what visual and textual works shall be publicly available and archived for posterity?  Why should their business models control the types of insights that can be gleaned from “their” (proprietary) Big Data based on our information -- while government, academic researchers and the general public are left in the dark? 

I remember how Google crowed that its search results could make better, more timely predictions about the flu and other contagious diseases than the Centers for Disease Control.  I don't see this type of unaccountable, god-like power over social information as so wonderful and benign, especially when lucrative business self-interests may selectively govern what gets disclosed and what is used for private strategic advantage.  

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