(Roughly) Daily

Most governments have traditionally argued that there are certain critical societal assets that should be built, managed, and controlled by public entities — think streets, airports, fire fighting, parks, policing, tunnels, an army. (And in just about every rich country except this one, access to and/or the provision of health care.) The choice to have, say, a city-owned park reflects two key facts: first, a civic judgment that having green outdoor spaces is important to the city; and second, that free parks open to all are unlikely to be produced by private companies driven by a motive for profit.

When it comes to the Internet we all live on, huge swaths of it are owned, controlled, and operated by private companies — companies like Facebook, Google, Amazon, Apple, Microsoft, and Twitter. In many cases, those companies’ public impacts aren’t in any significant conflict with their private motivations for profit. But in some cases… they are. Is there room for a public infrastructure that can offer an alternative to (or reduce the harm done by) those tech giants?

A diagnosis of the issue with a set of proposed remedies: “Public infrastructure isn’t just bridges and water mains: Here’s an argument for extending the concept to digital spaces.”

This article is based on a piece by Ethan Zuckerman, written for the Knight First Amendment Institute at Columbia, in which he lays out what he calls the case for digital public infrastructure. (He also published a summary of it here.)

Pair with this consideration of another piece of our political/social/economic “infrastructure,” corporate law, and its effects– contract, property, collateral, trust, corporate, and bankruptcy law, an “empire of law”: “How ‘Big Law’ Makes Big Money.”

* Doc Searles

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As we contemplate the commons, we might recall that it was on this date in 1865 that the U.S. government dismantled a monstrous piece of “infrastructure” when Congress passed the Thirteenth Amendment to the United States Constitution and submitted it to the states for ratification.

The amendment abolished slavery with the declaration: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Thomas Nast’s engraving, “Emancipation,” 1865

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