Author Archives: legallysociable

Green nimbyism

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NIMBY (Not In My Backyard) attitudes are typically associated with suburban sprawl and McMansions. So what happens when NIMBY is associated with more eco-friendly projects?

Nimbyism is nothing new. It’s even logical sometimes, perhaps not always deserving of opprobrium. After all, it is one thing to be a passionate proponent of recycling, and another to welcome a particular recycling plant — with the attendant garbage-truck traffic — on your street. General environmental principles may be at odds with convenience or even local environmental consequences.

But policymakers in the United States have been repeatedly frustrated by constituents who profess to worry about the climate and count themselves as environmentalists, but prove unwilling to adjust their lifestyles or change their behavior in any significant way…

Robert B. Cialdini, an emeritus professor at Arizona State University who studies environmental behaviors, points to two phenomena:

Humans hew to the “normative” behaviors of their community. In places where bike lanes or wind turbines or B.R.T. systems are seen as an integral part of society, people tend not protest a new one; if they are not the norm, they will. Second, whatever feelings people have about abstract issues like the environment, in practice they react more passionately to immediate rewards and punishments (like a ready parking space) than distant consequences (like the threat of warming).

Based on Cialdini’s ideas, perhaps it will just take one or two of these neighborhoods or locations adopting these projects so that it becomes normative. But who will be willing to go first? And what is the critical mass when such developments become normal?

While some might take this as evidence that certain people aren’t willing to sacrifice for green projects, I think we can take a broader view: in general, Americans don’t like two things that could possibly occur with the construction of something nearby.

1. The state in which they purchased their home or housing unit is altered. The idyllic scene they once bought into may not last forever. Whether this is due to a nearby condo building blocking the view or a new subdivision taking away a once-open field, Americans do not these sorts of changes. They paid money for a particular setting and want to maintain that setting as long as possible.

2. Their property values might be reduced. Because of the amount of money invested in homes plus hopes that many have about making at least some money when selling their homes somewhere down the line plus the amenities that come in living in places with higher property values, property values drive a lot of development decisions.

Developments like these green projects can be difficult to push through, particularly when those in opposition have money or status. Research has shown that typical dirty types of development, like power plants or landfills or public housing projects, tend to get placed in poorer areas where the people are less-equipped to fight back. Could these green projects be headed for similar places?

National Association of Home Builders survey on homes in 2015: smaller, more green

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The National Association of Home Builders (NAHB) recently published findings of a survey about what “builders, designers, architects, manufacturers, and marketing specialists” think homes will be like in 2015. Two results from this survey were reported elsewhere:

The McMansions of the boom era are quickly losing their style.The NAHB reports that the builders they “surveyed expect homes to average 2,152 square feet in 2015, 10 percent smaller than the average size of single-family homes started in the first three quarters of 2010. To save on square footage, the living room is high on the endangered list – 52 percent of builders expect it to be merged with other spaces in the home by 2015 and 30 percent said it will vanish entirely.”

Also a heavy influence on the housing front are green and eco-friendly features. The NAHB reports that “in addition to floor plan changes, 68 percent of builders surveyed say that homes in 2015 will also include more green features and technology, including low-E windows; engineered wood beams, joists or tresses; water-efficient features such as dual-flush toilets or low-flow faucets; and an Energy Star rating for the whole house.”

These two changes by 2015 were the leaders by far: 74% said smaller single-family homes were most probable or probable and 68% said it was most probable or probable that “green” features would increase in homes. This news is not too surprising: the square footage of the average new American home dropped recently and more eco-friendly homes are on the way (read about LEED certified homes here). What is interesting is that these conclusions are from members of the home building industry who likely are responding to what they think the market desires.

(Going back to the original NAHB report, something else caught my eye. Here is a short description of the methodology behind this survey:

NAHB’s The New Home in 2015 survey was sent electronically to 3,019 builders, designers, architects, manufacturers, and marketing specialists. The sample was stratified by region of the country (to be proportional to housing starts in each of the four Census regions) and, among builders, by their number of units started.

A total of 238 responses were received, of which 30 percent came from single-family builders, 19 percent from architects, 26 percent from designers, 7 percent from manufacturers, and 18 percent from “other” building industry professionals.

On one hand, the stratification of the survey is good to try to get results proportional to builders and areas of the country where building starts are taking place. On the other hand, the response rate to this electronic survey is 7.9%. With such a low response rate, how do we know that these findings are representative of the home building industry at large?)

Two Italian film directors describe Roman suburbs

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Two Italian film directors discussed their new film Et In Terra Pax, which is set in a “Roman council estate” in the Roman suburbs.  Here is how they described these Italian suburbs:

?MB: I was thinking a lot about a story set in the Roman suburbs…

MB: We live in part of Rome both close to the centre and the suburbs, which was useful to observe without being involved. We like Roman suburbs, and we think that in suburbs you can breathe the real Rome. The centre is great but it’s for tourists, rich people or to spend Saturday nights. Real live [sic] is somewhere else…

Can you talk about the idea of the housing complex being like a prison?

DC: A lot of suburbs in Rome are characterized by this kind of view: big grey buildings, a kind of ghetto filled with people. A city can’t grow in this way because the risk is that people can be excluded from the rest of Rome. We consider the building we chose like another character, a metaphor for loneliness. It looks like a prison but it’s full of life and ready to explode (in a good or bad way) at whatever time.

Et In Terra Pax is not an international audience’s image of Italian life. Was it important to show this side of life?

DC: Sure, we think it’s very important to show the dark side our country, not only for international audiences but also for the Italians too.

Compared to the typical American portrayal of suburbs, the land of single-family homes, lawns, and kids running around, this is a different image: large apartment buildings built away from the vibrant city center and illustrating the “dark side” of Italian life.

This discussion hints at how some European suburbs differ from their American counterparts. While most Americans see suburbs as the refuge of the wealthy, some European suburbs are where the low-income apartment buildings are built. The center of the European city is the place to be, not the outskirts of a metropolitan region as in the American case.

I am also intrigued by the idea that the apartment building is treated “like a character.” Elsewhere, they say the building they filmed in was about 1 kilometer in length, housed about 14,000 people, and features “strange, fascinating and disturbing architecture.”

WIPO points the way forward

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Intellectual Property Watch is reporting on a recent speech by the World Intellectual Property Organization (WIPO–Wikipedia backgrounder) Director-General Francis Gurry on the future of copyright law.  You can view the full speech on YouTube here (or here, if you want to skip the pleasantry-preliminaries), and you can read it here.

Gurry wastes no time in touching on the central issue of copyright policy:

How can society make cultural works available to the widest possible public at affordable prices while, at the same time, assuring a dignified economic existence to creators and performers and the business associates that help them to navigate the economic system?

Surprisingly, Gurry answers not by talking about retrenchment and enforcement but balancing competing interests:

It is a question that implies a series of balances: between availability, on the one hand, and control of the distribution of works as a means of extracting value, on the other hand; between consumers and producers; between the interests of society and those of the individual creator; and between the short-term gratification of immediate consumption and the long-term process of providing economic incentives that reward creativity and foster a dynamic culture.

Digital technology and the Internet have had, and will continue to have, a radical impact on those balances. They have given a technological advantage to one side of the balance, the side of free availability, the consumer, social enjoyment and short-term gratification. History shows that it is an impossible task to reverse technological advantage and the change that it produces. Rather than resist it, we need to accept the inevitability of technological change and to seek an intelligent engagement with it. There is, in any case, no other choice – either the copyright system adapts to the natural advantage that has evolved or it will perish. [emphasis added]

Perhaps Lawrence Lessig’s speech at WIPO last year has had a bigger effect than expected!  Gurry even outlines “three main principles that should guide us in the development of a successful policy response”:

  1. “[N]eutrality to technology and to the business models developed in response to technology.”
  2. “[C]omprehensiveness and coherence in the policy response.”
  3. “[M]ore simplicity in copyright.”

Gurry ends with this observation:

Future generations are clearly going to regard many of the works, rights and business agents that we talk about as cute artefacts of cultural history, much as the vinyl record has become in a very short space of time. The digital work is going to change dimensions. We see that happening with user generated content. We see it happening also with 3D printing or additive manufacturing, where the digital file is the manufacturing technology and factory. This is the realm of the blue sky and I hope that this Conference can start to develop the tools for exploring that sky.

Update: I reference this post in the comments section of a recent Copyhype post. Suffice it to say that there’s a lot of heated rhetoric on both sides; I think Gurry’s speech does a good job a forging some reasonable middle ground.

Consider not getting the Bluetooth option

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A post in MIT’s Technology review today reminds us why embedded computing is not always a good thing:  the modern car is hackable:

Researchers who have spent the last two years studying the security of car computer systems have revealed that they can take control of vehicles wirelessly.

The researchers were able to control everything from the car’s brakes to its door locks to its computerized dashboard displays by accessing the onboard computer through GM’s OnStar and Ford’s Sync. [emphasis added]

Maybe you should seriously consider opting out of Bluetooth connectivity on your next vehicle.

Update: Stewart Baker over at the Volokh Conspiracy points out that some cars can be hacked via CDs or MP3s acting as a Trojan horse, which suggests a new RIAA business model:

Considering the clout they’ve already demonstrated on Capitol Hill, it may just be a matter of time before the industry persuades Senator Leahy to introduce the “Steal Our Music, We Steal Your Car” Act of 2011, authorizing copyright owners to introduce car-hacking code into Limewire and Bittorrent networks and then take possession of the music thieves’ vehicles.  No doubt, they can produce studies showing that the act would create thousands of exciting auto repo jobs, and a tie-in with CarMax would help share the lobbying burden.

He’s kidding, of course.  But it’s a little sad that you had to wonder for a second, isn’t it?

White House report on “Women in America”

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The White House Council on Women and Girls recently released an 85 page report on “Women in America.” According to the administration, “it is the first comprehensive look at the status of women in America since the Kennedy administration released a similar report in 1963.” There is a lot of interesting data in here. Here are two graphs out of the report:

1. Comparing bachelor’s degrees granted to men and women in 1998 and 2008, by field:

Outside of engineering and computer sciences and mathematics and physical sciences, women are getting more bachelors’ (and master’s) degrees.

2. Unemployment rates by gender, going back to the late 1940s:

 

A shift seems to take place in the late 1970s and early 1980s where it is men who become more affected by recessions than women. This would line up with the loss of manufacturing jobs and the move to a post-Fordist, information-based economy.

 

“Why is there no looting in Japan?”

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With news continuing to pour out of Japan regarding the aftermath of the earthquake and tsunami, one journalist asks, “Why is there no looting in Japan?”

And solidarity seems especially strong in Japan itself. Perhaps even more impressive than Japan’s technological power is its social strength, with supermarkets cutting prices and vending machine owners giving out free drinks as people work together to survive. Most noticeably of all, there has been no looting, and I’m not the only one curious about this.

This is quite unusual among human cultures, and it’s unlikely it would be the case in Britain. During the 2007 floods in the West Country abandoned cars were broken into and free packs of bottled water were stolen. There was looting in Chile after the earthquake last year – so much so that troops were sent in; in New Orleans, Hurricane Katrina saw looting on a shocking scale.

Why do some cultures react to disaster by reverting to everyone for himself, but others – especially the Japanese – display altruism even in adversity?

This is an interesting question that I am sure a number of sociologists could respond to. This sounds like a Durkheimian issue about social coherence: what holds Japanese society together, even amidst disaster, while other Western societies have less social coherence in the presence of a disaster?

The 84,000 question

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I hadn’t had a chance yet to comment on the 84,000 websites the U.S. government seized about a month ago because they were supposedly associated with child pornography.  Turns out the government was wrong about that, but the damage was done since a lot of visitors to the websites of innocent small business owners were directed to a page displaying an imposing government seal and the statement:

Advertisement, distribution, transportation, receipt, and possession of child pornography constitute federal crimes that carry penalties for first time offenders of up to 30 years in federal prison, a $250,000 fine, forfeiture and restitution.

Whoops.

Recently, the White House’s IP Czar Victoria Espinel testified before the House Judiciary Committee, and Rep. Zoe Lofgren (D-CA) had a lot of pointed questions (YouTube video of the exchange here).  Now Ars Technica has posted an interview Rep. Lofgren in which talks about the due process problems with seizing domain names without giving people a chance to defend themselves before the seizure takes place:

You’ve got the prosecutors coming in, they have a judge sign something, and the people whose property is being seized are never heard from. It doesn’t appear, honestly—though it would not solve the due process problems—that there’s much inquiry on the part of the prosecution, either. Is there a fair use right? Is there an authorized use? Is there legitimate business going on? There’s no opportunity for that to be raised, and once the damage is done, it’s done.I’ve not yet talked to some of the individuals, but we’ve had second-hand reports of people in the child pornography takedown [i.e., who owned one of those 84,000 websites] whose businesses were essentially destroyed. There’s hardly anything you can say. It’s worse than accusing somebody of being a pedophile.

These are troubling developments indeed.  The whole point of giving the innocent-until-proven-guilty the chance to defend themselves before seizure is to help prevent these sorts of devastating mistakes from happening.

The iPad as magic

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Sales of Apple’s iPad have been impressive. Virginia Postrel argues that the appeal of the iPad is in its magic:

When Steve Jobs appeared on stage last week to unveil the iPad 2, which hit stores Friday, he said, “People laughed at us for using the word ‘magical,’ but, you know what, it’s turned out to be magical.”

Apple has long had an aura of trend-setting cool, but magic is a bolder—and more provocative— claim…

With its utterly opaque yet seemingly transparent design, the iPad affirms a little-recognized fact of the supposedly “disenchanted” modern world. We are surrounded by magic…

“Between a wish and its fulfillment there is, in magic, no gap,” wrote the anthropologist Marcel Mauss in “A General Theory of Magic.” Effortlessly, instantly, the magical alters reality with a tap of the finger or wave of the hand. Sound familiar?

This argument reminds me of Max Weber’s claims about the rationalization of the modern world. On a broader scale, Weber argued that bureaucracy, efficient for dealing with large groups of people, would lead to a “iron cage” where everything would be routinized. Postrel argues that even though the iPad is the product of modern bureaucracies (even Apple is a bureaucracy though it positions itself as the anti-bureaucracy, usually referring to Microsoft, with a charismatic leader), it is magic in that the user has little idea of how it all works, is unable to open it up and “look under the hood,” and it is like an extension of oneself.

This could be one explanation for the iPad as magic. There could be some other reasons as well: its size, the vibrant screen, the Apple brand, and its positioning as the most popular (and the first mass-market product?) of the burgeoning tablet market. Another explanation could be this: the iPad brings joy or happiness to its users in a way that many modern products do not. While laptops are often intended for work and new cars are functional transportation options, the iPad is there for enjoyment. In a disenchanted world, this is an re-enchanting product in the same way that the Microsoft Kinect (with its own impressive sales) is magical: it is meant to be used for fun.

Will the magic decline over time as more products offer the same possibilities? Probably. But for now, the iPad may have just cornered the short-lived market on magic and re-enchanting its user’s worlds.

Whether Facebook increases the number of divorces

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You might have seen certain figures bandied about how often Facebook is cited in divorce cases: this story says, “Two-thirds of the lawyers surveyed said that Facebook was the “primary source” of evidence in divorce proceedings.” But is it fair to then say that Facebook is a primary driver of divorce proceedings? Carl Bialik says the numbers are more complicated than many news stories would lead you to believe:

Some lawyers do say that they see Facebook playing a bigger role in divorce these days, that doesn’t mean the site destroys marriages…

“Correlation is not causation,” Thomas Bradbury, professor of psychology at the University of California, Los Angeles, wrote in an email. “Divorce has been around for a long time, long before these sorts of possibilities were present; the newly available information does add a new flavor to relationship maintenance and dissolution, but I don’t think it changes the basic processes that underlie change and deterioration in relationships.”…

These issues are symptoms of a larger issue in divorce research: “It’s very hard to separate out the causes” of divorce, says Andrew Cherlin, a sociologist and divorce researcher at Johns Hopkins University.

“To do this kind of research requires a huge amount of persistence,” said George Levinger, professor of psychology emeritus at the University of Massachusetts.

Part of the reason is that it is hard to pinpoint a single reason or even a set of reasons for any marital split…

Some researchers have asked divorcees why they divorced, and gotten conflicting results from men and women. Others have looked for factors that predict whether couples divorce. “There are many social, cultural, and behavioral predictors of divorce,” W. Bradford Wilcox, director of the National Marriage Project at the University of Virginia, wrote in an email.

Other academics examine couples’ behavior, seeking clues that might predict marital dissolution.

It sounds like this a more complicated methodological issue that still needs to be worked out by researchers: how exactly can one identify the primary cause or causes of divorce? Just because Facebook is mentioned as contributing to a divorce does not mean that it causes the divorce. As you might expect, Facebook itself says this argument is silly:

A spokesperson for Facebook said: “It’s ridiculous to suggest that Facebook leads to divorce. Whether you’re breaking up or just getting together, Facebook is just a way to communicate, like letters, phone calls and emails. Facebook doesn’t cause divorces, people do.”

It is no surprise that lawyers would want to use Facebook data for a divorce case (or other types of cases such as fraud – one example here). Facebook is often fairly public information and people often post on there without thinking about the potential consequences of sharing such information. It would be interesting to hear more about how this data from Facebook is presented in court and the reactions to it from both judges and the participants in the case.

But I wonder if these sorts of figures and ideas about Facebook and divorce have gained notoriety because they may fit some larger narratives about privacy and information sharing on Facebook as well as voyeurism on the Internet. These figures from lawyers could be presented as evidence that people lead dual lives, one in the offline world and another one in the real world. Whether this is actually the case doesn’t matter as much; what does is that the hot company of recent years, Facebook, can be linked to negative behavior.