Journal articles: 'Freedom of information Journalists Public records Government information' – Grafiati (2024)

Abstract:

Drawing from 63 reports from journalists and non-governmental agencies spanning 25 countries, we qualitatively examine regressive trends that erode freedom of information laws. We elaborate on elements associated with FOI policy transfer successes and failures using Dolowitz and Marsh’s framework for policy transfer. We also identify factors limiting the effectiveness of FOI laws and elaborate on the enactment of other laws that undermine FOI, which we interpret using Ericson’s (2007) notion of counter-law (laws that undermine other laws). We reflect on what these findings mean for transparency, and we contemplate other strategies for gaining access to government records to foster public engagement in civic affairs.

Abstract:

Sierra Leone was engulfed in a destructive civil war between 1991 and 2002. The civil war was partly caused by the non-accountability of the government, endemic corruption, misrule and the mismanagement of the country’s resources. Efforts have been made by the country, with the help of the international community, to embrace a democratic dispensation. To demonstrate its commitment to the democratization agenda, Sierra Leone passed the Right to Access Information (RAI) Act in 2013. The Act guarantees access to government information and also imposes a penalty on failure to make information available. However, Sierra Leone’s state institutions are still weak due to mismanagement and lack of transparency and accountability. Freedom of expression and access to information are cornerstones of modern democracies. Public information/records are a means of power that governments and other political institutions use to exercise control over citizens, but are also a means of citizens’ empowerment. Through access to government information/records, media can play their watchdog role and people can assess the performance of governments and hold them accountable. The purpose of the paper is to demonstrate the fact that it is not enough to enact freedom of information laws (FOIs) if there is no political will to make government information accessible, an information management infrastructure to facilitate the creation, capture, management, dissemination, preservation and re-use of government information and investments in civil education to promote an information culture that appreciates information as a resource that underpins accountability and transparency.

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As more and more governments move from paper records to computerized information, public records laws have not always kept pace. Journalists and others seeking access to computerized government information have a significant interest in obtaining computerized information in the most useful format, which is often a computerized form rather than a paper printout. This article examines the law on access to computerized format as it has developed in state and federal courts and legislatures.

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The Freedom of Information Act, FOIA (5 U.S.C. 552), generally provides any person with the statutory right, enforceable in court, to obtain access to government information in executive branch agency records. FOIA does not apply to the judicial or legislative branches of the U.S. government. This right to access is limited when information is protected from disclosure by one of FOIA’s nine statutory exemptions and exclusions.The “Electronic Freedom of Information Act Amendments of 1996” required that agencies needed to make eligible records available electronically. As a result, there are dozens of FOIA Libraries and Electronic Reading Rooms that are repositories for responses to agency FOIA requests. These documents are also known as responsive documents. Documents are often posted by agencies with redactions to protect personal privacy, national security, and other FOIA exemptions and exclusions. It is important for researchers, journalists, and citizens to use the terms “FOIA Libraries” and “Electronic Reading Rooms” as part of their search terminology. This will ensure they can find documents that might not be findable through a regular Google search.

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As the U.S. has grappled with COVID-19, the government has resisted repeated requests to follow open records laws, which are essential to transparency. Current efforts to reduce access to death records and other public information amid the pandemic jeopardizes government accountability and undermines the public’s trust. Given that COVID-19 has disproportionately affected low-income Americans, incarcerated populations and people of color, access to government-held data has serious implications for social justice. Importantly, those goals can be met without violating personal privacy. After analyzing state open records laws, court decisions and attorney general opinions, the author has developed a set of best practices for advocating access to death records to provide journalists and government watchdogs with important public health information that’s squarely in the public interest.

Abstract:

In recent years, privatization has touched nearly every area of public life. Increased privatization efforts have posed increasing problems for public access to governmental records when a governmental function has been privatized. Records long open to public inspection now are being created, maintained, and controlled by private businesses often at odds with the very purpose of public records laws. The authors examine this problem and offer possible solutions to the problems caused by this increasing trend.

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As government operations at all levels have become increasingly computerized, records of those activities have moved from paper to databases. Yet there has been little empirical research about the public’s ability to access such records in practice. This study uses field research to assess how 44 public universities respond to records requests of varying complexity for structured data. Sampled universities produced responsive structured data without a fee in slightly more than a quarter of requests, meaning the vast majority of requests failed to yield the information sought in a structured format and for free.

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This study employs social network analysis to examine more than 10,000 Twitter interactions that include the U.S. Freedom of Information Act hashtag (#FOIA) to understand who is engaging online, and to what extent. The analysis finds evidence of a dynamic conversation online among citizens, journalists, advocates, and public agencies. Findings offer insights into how citizens are using social media to engage with government and one another in conversations around important public policies, such as government transparency, as well as how technologies such as social media can be leveraged to better understand citizens’ interest. The study also found a significant increase in tweets during national Sunshine Week, a vehicle that increases national dialogue about FOI, and highlights effective social media strategies employed by MuckRock and other advocacy organizations.

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Privacy concerns have prompted many states to close off once-public information from release through the freedom of information process. This study looks at the personal privacy exemptions for home addresses in 50 states and Washington, D.C., in both 2011 and 2019. There were 16 instances of a change in state law during that time – only three toward more transparency. Voter registration records were the most open of the three categories reviewed, with more than half the states requiring disclosure of home addresses in 2019. This study can help guide journalists, policy makers and records holders as they navigate proposed changes to FOI laws.

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Law No. 19 of 2016 electronic information and transactions has caused an overlapping issue in journalism. However, there is Law No. 40 of 1999, which regulates and guarantees press freedom. Unfortunately, many journalists have become a victim of the Law itself. Such a condition will distort Indonesia’s public sphere, where journalism is a supportive instrument. As per Foucault’s panopticon theory, the researcher sees this Law as a supervision instrument to monitor the activity of Indonesia’s press so that they do not produce such a critical news point of view and eventually threaten the authorities. This article uses a narrative approach to break down the relationship between Indonesian Electronic Information and Transactions. The result shows that this Law can either be a supervision instrument. Nevertheless, on the other hand, for journalists, this will potentially limit their freedom since the authorities see their activity as a threat to the government.

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Purpose – The purpose of this paper is to present findings of a survey conducted during 2012 in Iceland with the intent of examining public opinion on government provision of information, i.e. whether the public felt that the authorities withheld information, either about subjects of general public interest or about public expenditures, if the authorities felt there was a reason to do so. Design/methodology/approach – A survey questionnaire was sent in March 2012 to almost two thousand Icelanders. This was a random sample selected from the National Registry. The response rate was almost 67 per cent. The survey was modelled on other research and resources that had examined trust toward public authorities and the influence of Freedom of Information Acts on government information practices. Findings – The survey discovered that the greater part of the citizenry felt that the authorities did keep important information of general public interest secret often or sometimes. Only 2-3 per cent of them believed that this never happened. Most of those surveyed felt as well that important information about public expenditures was often or sometimes withheld. Only 3-5 per cent of the respondents were of the opinion that this never happened. Practical implications – The results could be of value to public authorities that want to improve the provision of information and practice according to freedom of information act. They could also bring varied and valuable opportunities to the profession of records managers as well as others who practice information management. Originality/value – The survey adds valuable information and fulfils a need for a better understanding of what the public believes regarding government provision of information in Iceland. Although the survey is limited to Iceland, these findings may also be of value to public authorities and researchers in the Western World, Australia and New Zealand, to give a few examples where the culture and the practice of government may not be that different, as well as in other countries. The survey can lay the foundation for further research into the field.

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Purpose: The purpose of the study to examine the prominence of political corruption news by newspapers in South Sudan Method: The study used descriptive research design to address the research objectives. The target population in this study was Sudan Tribune, Juba Monitor, The Dawn, Peace Day, Sudanese Online newspapers, international and local NGOs, journalists who work for the media station and lecturers and students from Juba University. The researcher can identify every single element and the sampling frame was the five newspapers, also local and international NGOs, students and lecturers from Juba University Findings: The findings indicated that media houses shied away from giving priority to political corruption news for the fear of their lives, intimidation and torture. This further saw the coverage of political corruption news on a quarter of a page, hence confirming the fact that the public in South Sudan was denied the opportunity by the print media to question the government on corruption in the country Unique contribution to theory, policy and practice: The study had the following recommendations: The various media regulatory policies and the constitutional rights should be implemented by the instruments of power including the police, the government and the judiciary. This would assure journalists and media houses of their freedom to access information and freedom of expression, while shielding them from intimidation, torture and killing. The legislature, in collaboration with the media regulatory bodies in South Sudan should enact laws that protected media houses and journalists, especially in the cases where they covered sensitive but important information. Those who infringed on the rights of journalists and media houses should be pursued and arraigned in the court of law, where punitive action would be taken against them. This would further reaffirm journalists of their safety.

Abstract:

Purpose: The study sought to determine the type of news on political corruption by newspapers in South Sudan Method The study used descriptive research design to address the research objectives. The target population in this study was Sudan Tribune, Juba Monitor, The Dawn, Peace Day, Sudanese Online newspapers, international and local NGOs, journalists who work for the media station and lecturers and students from Juba University. The researcher identified every single element and the sampling frame was the five newspapers, also local and international NGOs, students and lecturers from Juba University Findings of the study Media houses shied away from giving priority to political corruption news for the fear of their lives, intimidation and torture. the coverage of political corruption news on a quarter of a page, hence confirming the fact that the public in South Sudan was denied the opportunity by the print media to question the government on corruption in the country Contributions Informed by the findings, the study had the following recommendation The various media regulatory policies and the constitutional rights should be implemented by the instruments of power including the police, the government and the judiciary. This would assure journalists and media houses of their freedom to access information and freedom of expression, while shielding them from intimidation, torture and killing. The legislature, in collaboration with the media regulatory bodies in South Sudan should enact laws that protected media houses and journalists, especially in the cases where they cover sensitive but important information.

Abstract:

Purpose The purpose of this paper is to present, on the one hand, the findings of a survey conducted during 2012 in Iceland and, on the other hand, the results of interviews held in 2015 concerning why it was felt that the authorities withheld information either about subjects of general public interest or about public expenditures. Design/methodology/approach A survey questionnaire was sent in March 2012 to almost 2,000 Icelanders randomly selected from the National Registry. The response rate was almost 67 per cent. As to the interviews held in 2015, these were with individuals who were known to understand well the government’s actions, both as to provision of information to the public and the opposite, suppression of information. The interviewees were chosen purposively. The survey was modelled on other research and resources concerning open public information and other research that had examined trust towards public authorities and the influence of freedom of information acts on government information practices. Findings The research revealed that both participants in the questionnaire survey and the six interviewees in the later study felt that information was kept secret for a variety of reasons. Most felt that information was kept under wraps by the government, both about subjects of general public interest or about public expenditures, and that both transparency and traceability were less than sufficient in the public administration of Iceland. Practical implications The results could be of value to public authorities who want to improve the provision of information and practices according to the freedom of information act. They could also bring diverse and valuable opportunities to the profession of records managers as to documentation and registration, as well as others who practice information management. Originality/value The survey adds valuable information and fulfils a need for a better understanding of why public authorities suppress the provision of information in Iceland. Although the research cited was limited to Iceland, the findings may be of value also to public authorities and researchers in the Western World, Australia and New Zealand to give a few examples where the culture and the practice of government may not be that different, as well as in other countries. The two studies can, therefore, lay the foundation for further research into the field.

Abstract:

Pakistan is in grave need of transparency and freedom of information. The public expects policymakers to design policies and device measures to give them the right to look into the public records and track corruption. However, transparency and freedom of information are not much debatable topics in Pakistan. The objective of this study is to highlight the importance of a transparent political process and bring into light the loopholes existing in Pakistan. When it comes to the public's rights, they are only aware of five fundamental living rights: food, education, clothing, shelter, and the right to live. The majority of Pakistani Public have no idea of right to education as they consider it a secondary need. Transparency and freedom of information are imperative for any country to reduce corruption and ensure good governance. When the authorized parties know that they are being tracked and observed by the public (which is the ultimate authority to elect any government), their level of efficiency and honesty in performance becomes high. This research aims to highlight the importance of transparency and analyze the reasons that hinder Pakistan's fair and transparent political process. This research accentuates the issue and finds out some solutions and ordinances passed in the near past as it is imperative to shed light on creating awareness among the masses for the better future of Pakistan. Keywords: Government, Institutions, Public, Good Governance, Information, Transparency, Political Parties, Secrecy

Abstract:

Most of the draft documents, memoranda, communications, and other textual materials amassed by government agencies do not become public record unless efforts are taken to obtain their release. One mechanism for doing so is “access to information” (ATI) or “freedom of information” (FOI) law. Individuals and organizations in Canada have a quasi-constitutional right to request information from federal, provincial, and municipal levels of government. A layer of bureaucracy has been created to handle these requests and manage the disclosure of information, with many organizations having special divisions, coordinators, and associated personnel for this purpose. The vast majority of public organizations are subject to the federal Access to Information Act (ATIA) or the provincial and municipal equivalents.We have been using ATI requests to get at spectrum of internal government texts. At one end of the spectrum, we are seeking what Gary Marx calls “dirty data” produced by policing, national security, and intelligence agencies. Dirty data represent “information which [are] kept secret and whose revelation would be discrediting or costly in terms of various types of sanctioning.” This material can take the form of the quintessential “smoking gun” document, or, more often, a seemingly innocuous trail of records that, upon analysis, can be illuminating. Dirty data are often kept from the public record. At the other end of the disclosure spectrum are those front-stage texts that represent “official discourse,” which are carefully crafted and released to the public according to government messaging campaigns.

Abstract:

On the premise that democratic government is founded, inter alia, on the accountability of public bodies and their officials, as well as on the popular participation in collective decision-making by the governed at all levels of government, there is merit in the proposition that it is improper to curb open debate, especially in matters which are of public interest. In so far as the work of the judiciary in general, and of judges in particular, is in the public domain and thus of public interest, the value of the freedom of expression applies, in principle, with equal force. Freedom of expression in the legal domain and in relation to the work of judges serves a variety of useful purposes in democratic society. Freedom of expression serves to uphold the integrity of the principles of democracy which require that governmental institutions should be transparent and accountable, and in that sense the judicial domain, very much like other branches of government, benefits from a healthy exchange and interaction of opinions. The administration of justice is better served by well-informed participants than by ignorance, and freedom of expression can contribute to a full and rigorous assessment of information in the judicial context Similarly, in modern democratic society, all individuals, but especially legal journalists, lawyers and other officials of the legal establishment, contribute to the architecture of judicial policy through the expression of their opinions. Freedom of expression in this context can also prove to be an instrument of individual and professional self-fulfilment. This is considered crucial in any society which is dependent upon the participation of the people.

Abstract:

Purpose Accountability in personnel records management is to a large extent, dependent on the availability of personnel records, there has been very little recognition of the need to address the management of personnel records as evidence for accountability either in relation to Freedom of Information (FOI) or Open Data. It is in this regard, therefore, the purpose of this study is to investigate the legal frameworks for personnel records management in support of accountability. The study used a descriptive design which combined both qualitative and quantitative approaches where both qualitative and quantitative information was involved in the study. Founded on the records life cycle and the records continuum, the study aimed to fulfil its main objective: establishing legal frameworks for personnel records management at Garissa County Government (GCG). Purposive sampling was used to select 11 Human Resource Management Officers (HRMO), 11 Personnel Record Management Officers (PRMO) and 11 Personnel Records Management Clerks (PRMC) and 55 staff members who made the total sample of 88 respondents. Data collected were analysed using descriptive statistics with the help of a Statistical Package for Social Scientists (version 17) was used to perform the analysis of quantitative data and presented through frequency tables, percentages, means and standard deviations. Results indicated that the County Government does not have legal frameworks in personnel records management. Several challenges were identified including lack of personal records management policy, lack of integrity, lose of documents/file and poor communication system. Generally, the study shows that legal frameworks in personnel records management is very important in accountability, therefore, GCG management needs to take measure to improve legal frameworks in personnel records management infrastructure and develop personnel records management policy. Design/methodology/approach The study was conducted using a descriptive design. This design ensures that data collected are analysed and findings are reported to establish a better understanding of a physical or social phenomenon. The descriptive design combined both qualitative and quantitative approaches where both qualitative and quantitative information was involved in the study. The study was conducted at the County Government of Garissa’s Head Quarters; it targeted staff involved in personnel records management. Garissa town was selected because it is a centre of various activities in County Government of Garissa. The target population comprising HRMO, PRMO, PRMC and staff from different ministries who depended on the personnel records management activities. Purposive sampling was used to select 11 HRMO, 11 PRMO, 11 PRMC and 55 staff members who made the total sample of 88 respondents from the population. Questionnaire method was used to collect data from HRMO, PRMO, PRMC and staff members quickly and give more freedom (in terms of time and flexibility) to the respondents. Interviews were used to obtain more in-depth information from the PRMO, HRMO and PRMC being the individuals’ in-charge of personnel records were to provide information on legal frameworks for personnel records management at GCG. Findings Lack of a policy signifies a lack of accountability and awareness of the personnel records management standards, meaning that the staffs are not aware of their responsibilities towards the management of the County’s records. This is therefore likely to contribute significantly to poor performance (Mampe and Kalusopa, 2012). This then puts the County in a precarious position regarding personnel records due to lack of guidelines on classing and handling of personnel records. Lack of a policy also shows a lack of commitment in the area, purporting neglect, where responsibilities are not clearly assigned and remain unclear. Weak institutional capacity and the absence of, for example, comprehensive personnel records management policies have been cited as one of the main causes of archival (as well as records management) underdevelopment in Africa (Ngulube and Tafor 2006). From the reactions of the existence of a draft policy, the staff indicated that it covered among other things: a policy statement, scope, definition of terms, applicable legislation and procedures, mail management encompassing both incoming and outgoing mail, filing classification, retention and disposal, as well as a statement of responsibilities. The study revealed that: personnel records management in Kenya operates under the framework and guidance of the Kenya National Archives and Documentation Services – KNADS which is supported by the Public Archives and Documentation Services Act, Cap 19. Besides the Cap 19, of 1965 of the Laws of Kenya, there are also various legislations that support the management of records in Kenya including the Ministry of State for Public Service (MSPS) (DPM) Circular on personnel records reference number DPM. 12/6A Vol. I (71) of 12th March 2008, the Records Management Procedure Manual for the Public Service, May 2010, prepared by the MSPS in consultation with the KNADS to provide guidelines and procedures to be followed in the day to day management of records in the public service. It is meant to be used alongside existing laws and legislation governing records management in the service. The effective utilization of the manual as stated by the Ministry is to contribute towards the government’s quest to achieve good governance and accountability in the Public Service. Adherence to the Manual is also meant to streamline personnel records management practice leading to effectiveness and efficiency in service delivery and the Government Financial Regulations and Procedures, chapter 23, section 4:2–5 give guidelines on the retention period for financial records. The management of personnel records is guided by various legislations and circulars such as Public Archives and Documentation Service Act, (Cap.19, Laws of Kenya) revised 1991, The Employment Act Chapter 226, revised in 1977 and 2007, The Regulation of Wages and Conditions of Employment Act Chapter 229, Income Tax Act Chapter 470 revised 1989, The National Social Security Fund Act Chapter 258 revised 1989, The Service Commission Act Chapter 185 of 1967 and DPM.12/6A VOL. I (71) dated 12th March 2008 on the destruction of personnel records. Compliance to all the above legal frameworks will ensure that personnel records management in support of accountability at GCG is achieved. Research limitations/implications The lack of effective personnel records management programme in a county agency was in itself non-conformity to the requirements and guidelines issued by the public services, thus leading to a lot of caution on how much could be revealed regarding the same. The focus of the study was on the assessment of paper-based and electronic personnel records management within the County Government. The assessment excluded other electronic records, such as online databases, with only personnel records being considered. Practical implications Nonexistence of personnel records management legal frameworks implies that the responsibilities for cooperate record management to GCG plans and guidelines of managing personnel records were inefficient. As a result of the absence of written personnel records management policy, there was also a lack of guidelines for appraisal, disposition and schedules of records. On legal frameworks for personnel records management at GCG, the findings revealed that there were many policies in GCG but personnel records management policy was missing which is very crucial. Record management policy will also enhance human resource management policy. The missing of the personnel records management policy reduces the accountability to people who deal with records management in general, increases lack of integrity and indicate that there is a presence of irrational decision. Social implications The missing of the personnel records management policy reduce the accountability to people who deal with records management, in general, increases lack of integrity and indicate that there is a presence of irrational decision. Originality/value The purpose of the study was to investigate the management of personnel records in support of accountability in devolved governments: A case of GCG.

Abstract:

Data protection legislation is concerned with the safeguarding of privacy rights of individuals in relation to the processing of personal data, regardless of media or format. The Government of Botswana enacted the Data Protection Act in 2018 for purposes of regulating personal data and to ensure the protection of individual privacy as it relates to personal data, and its maintenance. This paper investigates opportunities and challenges for records management, and recommends measures to be put in place in support of data protection, through proper records management practices. The study employed a desktop approach and data was collected using content analysis. The study found that opportunities such as improved retrieval and access to information, improved job opportunities for records management professionals and a conducive legislative framework are available. It also revealed that a lack of resources to drive the records management function, limitations in electronic document and records systems and a lack of freedom of information to regulate access to public information by members of the public is still a challenge. The study recommends the employment of qualified records management staff with capacity to manage records in the networked environment for purposes of designing and implementing records management programmes that can facilitate compliance with the requirements prescribed by the Data Protection Act.

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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.

Abstract:

Purpose – This article aims to analyze the relationship between the Norwegian Noark Standard and the concepts of Open Government and Freedom of Information (FOI). Noark is the Norwegian model requirements for Electronic Documents and Records Management Systems (EDRMS). It was introduced in 1984, making it not only the world’s first model requirement for EDRMS but also, through the introduction of versions from Noark 1 to the present Noark 5, internationally the model requirement with the longest continuation of implementation. Design/methodology/approach – To better understand the technical outline and functionality of the Noark Model requirements, it is necessary to see the connection to the wider framework of the Norwegian governance legislation and its FOI Act (Norway, Freedom of Information Act, 2006) on the right of access to documents held by the public administration and public undertakings. FOI is the foundation on which the Norwegian Open Government platform (OEP) rests, as it aims to increase openness and transparency in the Norwegian society. Being one of the first national initiatives to incorporate in a single platform an up-to-date nationwide registry of metadata deriving from the EDRMS of the governmental sector, OEP is a model which could have relevance in open government settings also outside of Norway. Findings – Non-fixity and randomness in the registering of metadata decrease the possibility of systematic search and systematic retrieval, since search within records presumably requires a combination of two or more sets of metadata. Context is a crucial component in information retrieval from records, and no records contain only one metadata element. With few exceptions, a record relates to another record, and the relation between the two of them is in itself a set of metadata. If the metadata relating the two records does not follow a standardized format, retrieval possibilities will remain random. The unpredictability following inadequate search results will decrease the credibility and the trust factor which should lie imminent within the information system. The absence of adequate search results will lead to an immediate decrease in the public’s perception of the system being valid or relevant as a trusted source of information. If metadata within a governmental agency is known to be subject to non-authorised alterations, deletion on changes, trust in the authenticity and integrity of the information provided from the agency will decrease significantly. This subsequently decreases predictability in the retrieval of information within the EDRMS. The parameters securing non-alteration of metadata once locked in the Noark-compliant EDRMS, may be measured against the absence of the same in any system being compared. Originality/value – An adequate analysis describing the principles of trust embedded in the weekly or daily dissemination of metadata from the Noark databases to the OEP somehow has to explain certain parameters. These parameters within the Noark requirements eliminate the possibility of unauthorised deletion, alteration or manipulation of metadata and documents in the databases of the governmental organisations. The combination of parameters also creates context. The metadata transferred from the Noark systems to the OEP platform may never have been stored within a trusted digital repository. Transfer to the OEP happens weekly, whilst transfer to the repository of The National Archives is performed far less seldom – perhaps every tenth year. The contents of the Noark-based systems are not stored in trusted digital repositories in the governmental agencies, but remain part of the ordinary grid of servers and databases.

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At present, the review process for material that is exempt from disclosure under the Freedom of Information Act (FOIA) in the United States of America, and under many similar government transparency regimes worldwide, is entirely manual. Public access to the records of their government is thus inhibited by the long backlogs of material awaiting such reviews. This article studies one aspect of that problem by first creating a new public test collection with annotations for one class of exempt material subject to the deliberative process privilege, and then by using that test collection to study the ability of current text classification techniques to identify those materials that are exempt from release under that privilege. Results show that when the system is trained and evaluated using annotations from the same reviewer, even difficult cases can often be reliably detected. However, results also show that differences in reviewer interpretations, differences in record custodians, and differences in topics of the records used for training and testing can pose challenges.

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This article examines the 2015 Baltimore uprisings that emerged in the wake of Freddie Gray’s death and the Federal Bureau of Investigation’s (FBI) covert aerial surveillance of the protesters. It does so by investigating the records that the American Civil Liberties Union (ACLU) extracted from the government agency through the Freedom of Information Act (FOIA). The article first traces the process of discovering and circulating this corpus of information. It then considers what the digital disclosures, including 18-plus hours of aerial surveillance footage, can reveal about the racial and technological dimensions of contemporary state surveillance. In considering the agency’s strategies of public admission, I develop the concept of transparency optics and identify some of its potential logics at work. I then discuss these records’ epistemological limits, such as the shortcomings of analyzing digital processes through ocularcentric approaches. Finally, this article contrasts the FBI videos’ panoptic vantage of the protests with the embodied, ground-level perspective of a local participant’s documentary film.

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Freedom of Information (“FOI”) laws apply principally to the executive branch of government and the administrative state. Yet many state FOI statutes also provide access to legislative records, whether they have been created or obtained by individual legislators, committees, or legislative-branch agencies. A comprehensive survey of state FOI laws reveals trends in how such legislative records are treated. A minority of states, for example, categorically excludes legislative records from the scope of disclosure. The remaining states provide at least some basic level of access, either in explicit terms or implied though judicial or executive-branch interpretation. In the latter case, the interpretation of an FOI statute often involves consideration of broader context and the interplay of various provisions, including exemptions applicable only to legislative records. Regardless, the data suggest a clear trend of interpreting state FOI laws to resolve any ambiguity in favor of public access.

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For nearly fifty years Myanmar was ruled by a military junta. It did not tolerate any criticism, and severely punished anyone who dared to oppose them. At the same time, it cut the country off from the rest of the world, preventing it from being informed about Burma’s internal situation. The announcement of the changes came when Thein Sein’s first civilian government was formed in 2011. Almost 10 years have passed since then and Myanmar, according to the Press Freedom Index, is considered to be one of the countries where freedom of speech and freedom of the media are commonly violated and journalists are often persecuted and punished. Freedom of expression is one of the pillars of a democratic society, the basis for its development and a condition for the self-fulfillment of the individual. One of the most important ways of exercising freedom of speech is through free and independent media. The issue of respect for freedom of expression and freedom of the media must be seen in a broader context. It should be noted that there is a close link between respect for human rights and peacekeeping. Although freedom of expression, and thus freedom of the media, is one of those freedoms which may be restricted in specific situations, it cannot be done arbitrarily. Under public international law the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. The authorities of Myanmar, when introducing and maintaining restrictions on freedom of speech and media, often invoke the need to restrict freedom of speech and media for reasons of state security, protection of morality or public order. However, one can venture to say that they are in fact afraid of criticism and possible public actions against the current authorities.

Abstract:

Straipsnyje nagrinėjami teisinės, politinės ir ekonominės aplinkos veiksniai, ribojantys žiniasklaidos laisvę Lietuvoje. Analizuojama 2012–2013 m. situacija, įvertinant ankstesnių metų teisines, politines ir ekonomines aplinkybes, turinčias įtaką analizuojamo laikotarpio žiniasklaidos laisvės padėčiai Lietuvoje.Straipsnyje teigiama, kad žiniasklaidos laisvę Lietuvoje riboja teisės aktuose numatytos teisės laisvai gauti ir skleisti informaciją neužtikrinimas žiniasklaidos veikloje, perdėtai griežtos teisės aktų (ypač Baudžiamojo kodekso) normos, reglamentuojančios atsakomybę už netinkamą raišką viešojoje erdvėje, nepakankamas informacijos šaltinio atskleidimo reglamentavimo apibrėžtumas. Pagrindiniai politiniai veiksniai, ribojantys žiniasklaidos laisvę, yra susiję su politiniu žiniasklaidos pajungimu, naudojant žiniasklaidos nuosavybės bei finansavimo svertus. Ekonominiai veiksniai, turintys didžiausią įtaką žiniasklaidos laisvės varžymui: nepakankamas žiniasklaidos organizacijų ekonominis pajėgumas, valstybės finansinė politika žiniasklaidos subjektų atžvilgiu, žiniasklaidos organizacijų nuosavybės ir rinkos dalies koncentracija, žiniasklaidos organizacijų nuosavybės ir veiklos skaidrumo stoka, menkos žurnalistų ir redaktorių socialinės garantijos.Pagrindiniai žodžiai: žiniasklaida, laisvė, teisinė aplinka, politinė aplinka, ekonominė aplinkaFactors of limitation of media freedom in LithuaniaDeimantas Jastramskis SummaryThe analysis presented in this article reveals what factors of legal, political and economic environment reduce the media freedom in Lithuania.The Constitution of the Republic of Lithuania stipulates that everyone has a right to hold opinions and freely express those, to obtain and disseminate information, whereas censorship of mass information is prohibited. The right to collect, obtain and publish information is stipulated by laws. However, journalists not always are able to access public records through clear administrative procedures in a timely manner.There are articles determining libel and defamation in the Lithuanian Penal Code (journalists and other citizens can be punished by fines or become imprisoned for up to two years). Although penalties for „irresponsible journalism” are applied only in exceptional cases, libel and defamation articles in the Penal Code stimulate self-censorship of some journalists.There are no special legal acts in Lithuania that would restrict the ownership concentration of the media organisations or the parts of the market that they occupy. Due to insufficient restriction on the property concentration in media, the legal environment (in relation to the independent media variety) is not assessed as very favourable.In Lithuania some editorial office owners (as well as editors) may support some political forces and consequently, the media administered by them disseminate quite biased political content. This is very obvious in the regional municipalities, where a large part of the local media is financially dependent on politicians and the main shareholders of the local media are also politicians. In connection to the political-financial influence on editorial offices self-censorship of journalists is a part of daily routine in some media organizations.There is an excessive concentration of media ownership in the hands of private interests that can be linked to the powerful societal actors. Highly concentrated groups that control organizations both in the media market and other fields of economy limit the variety of the media content on the national, regional and local levels.Since the property relations of the Lithuanian media subjects are only partially publicised and internal norms of behaviour and rules of the editorial offices are usually not developed, the management transparency of the media organisations is quite low.The economic pressure on the journalists is huge. Also one of the measures of reducing the journalist social benefits is a widespread practise not to enter into labour or authorship contracts, but rather to force them to work as freelancers on the basis of certificates issued by the State Tax Inspectorate.The analysed legal, political and economic factors of intervention in the media work process shows that the media independence from external actors is not ensured but the situation cannot be assessed as extremely critical from this point of view.

Abstract:

Los métodos que utilizan algunos periodistas para recabar información generan importantes conflictos. En nuestro país, las técnicas de investigación periodísticas han cobrado interés como consecuencia de que la STC 12/2012 ha determinado la prohibición constitucional del uso de la cámara oculta. Se trata de una decisión polémica, pues algunos profesionales de la información consideran que dicho pronunciamiento supone el fin del periodismo de investigación, con los consecuentes efectos negativos para el funcionamiento del sistema democrático. Si bien se considera que en los casos estudiados por el TC hasta el presente momento deben prevalecer los derechos a la intimidad y a la propia imagen sobre la libertad de información, no se comparte su prohibición total, pues pueden existir casos límite que, como consecuencia de la imposibilidad de utilizar otros métodos alternativos para obtener la información y de la gran relevancia pública de lo informado, podrían justificar la utilización de la cámara oculta. De no admitir esta posibilidad, se impediría a la prensa ejercer su papel de «perro guardián público» y, por ende, no serían de conocimiento público muchas cuestiones esenciales para el autogobierno de los ciudadanos.The methods used by some journalists to get information generate important conflicts. Journalistic investigation techniques have gathered interest in our country due to the constitutional prohibition of the use of hidden camera in the STC 12/2012. It is a polemic decision, as some professionals of information consider it implies the end of investigative journalism and therefore a negative effect on democratic system’s running. Up to now, in the cases studied at the Constitutional Court, it has been considered that the right to privacy and one’s own image should prevail over the freedom of information. Even so, the complete prohibition of the hidden camera is not shared as there may be extreme cases in which its use could be justified both due to the impossibility of using other alternative methods as well as to the public relevance of the information. If that possibility was not to be admitted, the press could not practice its role as «public watchdog» and therefore essential matters for the self-government of citizens may not be public.

Abstract:

The Freedom of Information Act (FOIA) is one of the main tools used by the American public to investigate the actions of its government. Congress created FOIA in an attempt to make most government documents available to the public. Today, the FOIA process favors government withholding. This bias comes from institutional issues in courts’ review of FOIA challenges. In the environmental and administrative law context, federal agencies use many exemptions to withhold government records from citizen and non-profit groups. Agencies that are tasked with permitting and regulating energy pipelines and other environmentally-sensitive infrastructure now regularly cite Exemption 7(F). These agencies claim that the release of certain infrastructure documents could be used to facilitate terrorism. This Note contends that agencies are using Exemption 7(F) in a way contrary to congressional intent. Further, this Note argues that courts should reinterpret Exemption 7(F) in light of its legislative history and precedent. At Step 1, mixed agencies should have to show that there is a direct link between the withheld document and a law enforcement purpose. At Step 2, agencies should be required to show a threat of harm to at least one reasonably specified individual. In the alternative, this Note also considers a potential balancing test based on Exemption 7(C) that is outside of traditional Exemption 7(F) jurisprudence. Finally, this Note will also address the consequences of a reinterpreted Exemption 7(F).

Abstract:

The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circ*mstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.

Abstract:

Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the potential to improve the effectiveness of treatments significantly. Progress in the medical field depends above all on data, specifically health information. Physicians, researchers, and developers need health information to help patients by improving diagnoses, customizing treatments and finding new cures. Yet law and policymakers are currently more focused on the fact that health information can also be used to harm individuals. Even after the outbreak of the COVID-19 pandemic (which occurred after the manuscript for this article was largely finalized), the California Attorney General Becera made a point of announcing that he will not delay enforcement of the California Consumer Privacy Act (“CCPA”), which his office estimated imposes a $55 billion cost (approximately 1.8% of California Gross State Product) for initial compliance, not including costs of ongoing compliance, responses to data subject requests, and litigation. Risks resulting from health information processing are very real. Contact tracing and quarantines in response to SARS, MERS, and COVID-19 outbreaks curb civil liberties with similar effects to law enforcement investigations, arrests, and imprisonment. Even outside the unusual circ*mstances of a global pandemic, employers or insurance companies may disfavor individuals with pre-existing health conditions in connections with job offers and promotions as well as coverage and eligibility decisions. Some diseases carry a negative stigma in social circ*mstances. To reduce the risks of such harms and protect individual dignity, governments around the world regulate the collection, use, and sharing of health information with ever-stricter laws. European countries have generally prohibited the processing of personal data, subject to limited exceptions, for which companies have to identify and then document or apply. The General Data Protection Regulation (“GDPR”) that took effect in 2018 confirms and amplifies a rigid regulatory regime that was first introduced in the German State Hessen in 1970 and demands that organizations minimize the amount of data they collect, use, share, and retain. Healthcare and healthtech organizations have struggled to comply with this regime and have found EU data protection laws fundamentally hostile to data-driven progress in medicine. The United States, on the other hand, has traditionally relied on sector- and harm-specific laws to protect privacy, including data privacy and security rules under the federal Health Insurance Portability and Accountability Act (“HIPAA”) and numerous state laws including the Confidentiality of Medical Information Act (“CMIA”) in California, which specifically address the collection and use of health information. So long as organizations observe the specific restrictions and prohibitions in sector-specific privacy laws, they may collect, use, and share health information. As a default rule in the United States, businesses are generally permitted to process personal information, including health information. Yet, recently, extremely broad and complex privacy laws have been proposed or enacted in some states, including the California Consumer Privacy Act of 2018 (“CCPA”), which have a potential to render compliance with data privacy laws impractical for most businesses, including those in the healthcare and healthtech sectors. Meanwhile, the People’s Republic of China is encouraging and incentivizing data-driven research and development by Chinese companies, including in the healthcare sector. Data-related legislation is focused on cybersecurity and securing access to data for Chinese government agencies and much less on individual privacy interests. In Europe and the United States, the political pendulum has swung too far in the direction of ever more rigid data regulation and privacy laws, at the expense of potential benefits through medical progress. This is literally unhealthy. Governments, businesses, and other organizations need to collect, use and share more personal health information, not less. The potential benefits of health data processing far outweigh privacy risks, which can be better tackled by harm-specific laws. If discrimination by employers and insurance companies is a concern, then lawmakers and law enforcement agencies need to focus on anti-discrimination rules for employers and insurance companies - not prohibit or restrict the processing of personal data, which does not per se harm anyone. The notion of only allowing data processing under specific conditions leads to a significant hindrance of medical progress by slowing down treatments, referrals, research, and development. It also prevents the use of medical data as a tool for averting dangers for the public good. Data “anonymization” and requirements for specific consent based on overly detailed privacy notices do not protect patient privacy effectively and unnecessarily complicate the processing of health data for medical purposes. Property rights to personal data offer no solutions. Even if individuals - not companies creating databases - were granted property rights to their own data originally, this would not ultimately benefit individuals. Given that transfer and exclusion rights are at the core of property regimes, data property rights would threaten information freedom and privacy alike: after an individual sells her data, the buyer and new owner could exercise his data property rights to enjoin her and her friends and family from continued use of her personal data. Physicians, researchers, and developers would not benefit either; they would have to deal with property rights in addition to privacy and medical confidentiality requirements. Instead of overregulating data processing or creating new property rights in data, lawmakers should require and incentivize organizations to earn and maintain the trust of patients and other data subjects and penalize organizations that use data in specifically prohibited ways to harm individuals. Electronic health records, improved notice and consent mechanisms, and clear legal frameworks will promote medical progress, reduce risks of human error, lower costs, and make data processing and sharing more reliable. We need fewer laws like the GDPR or the CCPA that discourage organizations from collecting, using, retaining, and sharing personal information. Physicians, researchers, developers, drug companies, medical device manufacturers and governments urgently need better and increased access to personal health information. The future of medicine offers enormous opportunities. It depends on trust and healthy data protection. Some degree of data regulation is necessary, but the dose makes the poison. Laws that require or intend to promote the minimization of data collection, use, and sharing may end up killing more patients than hospital germs. In this article, I promote a view that is decidedly different from that supported by the vast majority of privacy scholars, politicians, the media, and the broader zeitgeist in Europe and the United States. I am arguing for a healthier balance between data access and data protection needs in the interest of patients’ health and privacy. I strive to identify ways to protect health data privacy without excessively hindering healthcare and medical progress. After an introduction (I), I examine current approaches to data protection regulation, privacy law, and the protection of patient confidentiality (II), risks associated with the processing of health data (III), needs to protect patient confidence (IV), risks for healthcare and medical progress (V), and possible solutions (VI). I conclude with an outlook and call for healthier approaches to data protection (VII).

Abstract:

This study aims to analyze the dilemma in the bureaucratic press Tabloid Komunika (TK) of the Ministry of Communication and Information Technology of the Republic of Indonesia. TK chosen as the study site because it was published by government institution formerly known as Ministry of Information, which very repressive to the press in New Order era. The study uses case study approach reinforced by survey and content analysis methods. From the results of the study found, most graphic indicator of the freedom of journalists, public sphere openess, and the determination of the content, showed a random trend, while the freedom of access and opportunity of expression showed a rising trend. Inconsistencies in the implementation of elements of press democracy showed the dilemma in TK. Factors causing a dilemma in TK are: inconsistent leadership, unclear structure and functions of TK’s organization, and uncertainty management attitude. Bureaucratic power pressure lead TK’s organizers confused to divide partisanship to the community or the government. Dilemma in TK causes ambiguous contents, more actualized public opinion but the tone of articles are neutral toward the government.

Abstract:

Good governance and inclusive development require governments to make their information flows accessible to all citizens. The United Nations Sustainable Development Goal 16 advocates the promotion of peaceful and inclusive societies, with the emphasis being placed on access to government information. Apart from this Sustainable Development Goal, globally, several open-data initiatives and advocates of freedom of information are pushing governments to open up their data flows. Open data are seen as a driver of public service innovation that generates new knowledge and enables the creation of new electronic services. The narrative about open data assumes that the data are within reach of the citizens to explore and to develop new electronic services based on, for example, statistical, mobility, meteorological, judicial and court data to boost national innovation. However, research shows the contrary that open data are still concentrated in the hands of a few people such as politicians, journalists, system developers and data miners. This raises questions about the openness of the data. In Sweden, most of the interactions that citizens have are with the municipalities because they offer a broad range of public services. This is why the researcher argues that to promote awareness and open data usage by ordinary citizens, the Swedish government should work with the municipalities to create platforms for the exploitation of the data and to facilitate the development of technical expertise. If open data are to be inclusive, the data will require the involvement of citizens in the current open-data developments.

Abstract:

The press is one of the institutions in society that bridges information between the public and the government through the mass media. In the life of a democratic community, nation, and state, freedom to express thoughts and opinions according to one's conscience and the right to obtain information must be guaranteed because these are the most basic human rights. In reality, the implementation of press freedom in the Reformation Era still faces many obstacles. Considering the political direction previously during the New Order era, which tended to be personal, very strong, and authoritative, in the following period, there were major changes for the press in Indonesia, including in Banjarmasin. This study explores how is the role of PWI in unifying forum for journalists nationall and creating a major contribution to maintaining the pillars of democracy in the realization of the post-1998 press in Banjarmasin City.Keywords: Press, Banjarmasin City, Post-1998

Abstract:

The press is one of the institutions in society that bridges information between the public and the government through the mass media. In the life of a democratic community, nation, and state, freedom to express thoughts and opinions according to one's conscience and the right to obtain information must be guaranteed because these are the most basic human rights. In reality, the implementation of press freedom in the Reformation Era still faces many obstacles. Considering the political direction previously during the New Order era, which tended to be personal, very strong, and authoritative, in the following period, there were major changes for the press in Indonesia, including in Banjarmasin. This study explores how is the role of PWI in unifying forum for journalists nationall and creating a major contribution to maintaining the pillars of democracy in the realization of the post-1998 press in Banjarmasin City.Keywords: Press, Banjarmasin City, Post-1998

Abstract:

Human history has witnessed varied surveillance and counter-surveillance activities from time immemorial. Human beings could not surveille others effectively and accurately without the technology of their era. Technology is a tool that can empower both people and governments. The outcomes are different based on the users’ intentions and aims. 2,500 years ago, Sun Tzu noted that ‘If you know both yourself and your enemy, you can win numerous (literally, "a hundred") battles without jeopardy’. His words still ring true. To be a good surveiller and counter-surveiller it is essential to know both sides, and in order to be good at these activities access to technology is vital. There is no doubt that knowledge is power, and without technology to access the information, it is impossible to be powerful. As we become more expert at technology, we will learn what makes surveillance and counter-surveillance more effective, and will be more powerful.“Surveillance” is one of the most important aspects of living in the convergent media environment. This essay illustrates government surveillance and counter-surveillance during the Iranian Green Movement (2009) on social and mobile media. The Green Movement refers to a non-violent movement that arose after the disputed presidential election on June 2009. After that Iran was facing its most serious political crisis since the 1979 revolution. Claims of vote fraud triggered massive street protests. Many took to the streets with “Green” signs, chanting slogans such as ‘the government lied’, and ‘where is my vote?’ There is no doubt that social and mobile media has played an important role in Iran’s contemporary politics. According to Internet World Stats (IWS) Internet users in 2009 account for approximately 48.5 per cent of the population of Iran. In 2009, Iran had 30.2 million mobile phone users (Freedom House), and 72 cellular subscriptions for every 100 people (World Bank). Today, while Iran has the 19th-largest population in the world, its blogosphere holds the third spot in terms of number of users, just behind the United States and China (Beth Elson et al.). In this essay the use of social and mobile media (technology) is not debated, but the extent of this use, and who, why and how it is used, is clearly scrutinised.Visibility and Surveillance There have been different kinds of surveillance for a very long time. However, all types of surveillance are based on the notion of “visibility”. Previous studies show that visibility is not a new term (Foucault Discipline). The new things in the new era, are its scale, scope and complicated ways to watch others without being watched, which are not limited to a specific time, space and group, and are completely different from previous instruments for watching (Andrejevic). As Meikle and Young (146) have mentioned ‘networked digital media bring with them a new kind of visibility’, based on different kinds of technology. Internet surveillance has important implications in politics to control, protect, and influence (Marx Ethics; Castells; Fuchs Critique). Surveillance has been improved during its long history, and evolved from very simple spying and watching to complicated methods of “iSpy” (Andrejevic). To understand the importance of visibility and its relationship with surveillance, it is essential to study visibility in conjunction with the notion of “panopticon” and its contradictory functions. Foucault uses Bentham's notion of panopticon that carries within itself visibility and transparency to control others. “Gaze” is a central term in Bentham’s view. ‘Bentham thinks of a visibility organised entirely around a dominating, overseeing gaze’ (Foucault Eye). Moreover, Thomson (Visibility 11) notes that we are living in the age of ‘normalizing the power of the gaze’ and it is clear that the influential gaze is based on powerful means to see others.Lyon (Surveillance 2) explains that ‘surveillance is any collection and processing of personal data, whether identifiable or not, for the purpose of influencing or managing those whose data have been granted…’. He mentions that today the most important means of surveillance reside in computer power which allows collected data to be sorted, matched, retrieved, processed, marketed and circulated.Nowadays, the Internet has become ubiquitous in many parts of the world. So, the changes in people’s interactions have influenced their lives. Fuchs (Introduction 15) argues that ‘information technology enables surveillance at a distance…in real time over networks at high transmission speed’. Therefore, visibility touches different aspects of people’s lives and living in a “glasshouse” has caused a lot of fear and anxiety about privacy.Iran’s Green Movement is one of many cases for studying surveillance and counter-surveillance technologies in social and mobile media. Government Surveillance on Social and Mobile Media in Iran, 2009 In 2009 the Iranian government controlled technology that allowed them to monitor, track, and limit access to the Internet, social media and mobiles communication, which has resulted in the surveillance of Green Movement’s activists. The Iranian government had improved its technical capabilities to monitor the people’s behavior on the Internet long before the 2009 election. The election led to an increase in online surveillance. Using social media the Iranian government became even more powerful than it was before the election. Social media was a significant factor in strengthening the government’s power. In the months after the election the virtual atmosphere became considerably more repressive. The intensified filtering of the Internet and implementation of more advanced surveillance systems strengthened the government’s position after the election. The Open Net Initiative revealed that the Internet censorship system in Iran is one of the most comprehensive and sophisticated censorship systems in the world. It emphasized that ‘Advances in domestic technical capacity have contributed to the implementation of a centralized filtering strategy and a reduced reliance on Western technologies’.On the other hand, the authorities attempted to block all access to political blogs (Jaras), either through cyber-security methods or through threats (Tusa). The Centre for Investigating Organized Cyber Crimes, which was founded in 2007 partly ‘to investigate and confront social and economic offenses on the Internet’ (Cyber Police), became increasingly important over the course of 2009 as the government combated the opposition’s online activities (Beth Elson et al. 16). Training of "senior Internet lieutenants" to confront Iran's "virtual enemies online" was another attempt that the Intelligence minister announced following the protests (Iran Media Program).In 2009 the Iranian government enacted the Computer Crime Law (Jaras). According to this law the Committee in Charge of Determining Unauthorized Websites is legally empowered to identify sites that carry forbidden content and report that information to TCI and other major ISPs for blocking (Freedom House). In the late fall of 2009, the government started sending threatening and warning text messages to protesters about their presence in the protests (BBC). Attacking, blocking, hacking and hijacking of the domain names of some opposition websites such as Jaras and Kaleme besides a number of non-Iranian sites such as Twitter were among the other attempts of the Iranian Cyber Army (Jaras).It is also said that the police and security forces arrested dissidents identified through photos and videos posted on the social media that many imagined had empowered them. Furthermore, the online photos of the active protesters were posted on different websites, asking people to identify them (Valizadeh).In late June 2009 the Iranian government was intentionally permitting Internet traffic to and from social networking sites such as Facebook and Twitter so that it could use a sophisticated practice called Deep Packet Inspection (DPI) to collect information about users. It was reportedly also applying the same technology to monitor mobile phone communications (Beth Elson et al. 15).On the other hand, to cut communication between Iranians inside and outside the country, Iran slowed down the Internet dramatically (Jaras). Iran also blocked access to Facebook, YouTube, Wikipedia, Twitter and many blogs before, during and after the protests. Moreover, in 2009, text message services were shut down for over 40 days, and mobile phone subscribers could not send or receive text messages regardless of their mobile carriers. Subsequently it was disrupted on a temporary basis immediately before and during key protests days.It was later discovered that the Nokia Siemens Network provided the government with surveillance technologies (Wagner; Iran Media Program). The Iranian government built a complicated system that enabled it to monitor, track and intercept what was said on mobile phones. Nokia Siemens Network confirmed it supplied Iran with the technology needed to monitor, control, and read local telephone calls [...] The product allowed authorities to monitor any communications across a network, including voice calls, text messaging, instant messages, and web traffic (Cellan-Jones). Media sources also reported that two Chinese companies, Huawei and ZTE, provided surveillance technologies to the government. The Nic Payamak and Saman Payamak websites, that provide mass text messaging services, also reported that operator Hamrah Aval commonly blocked texts with words such as meeting, location, rally, gathering, election and parliament (Iran Media Program). Visibility and Counter-Surveillance The panopticon is not limited to the watchers. Similarly, new kinds of panopticon and visibility are not confined to government surveillance. Foucault points out that ‘the seeing machine was once a sort of dark room into which individuals spied; it has become a transparent building in which the exercise of power may be supervised by society as a whole’ (Discipline 207). What is important is Foucault's recognition that transparency, not only of those who are being observed but also of those who are observing, is central to the notion of the panopticon (Allen) and ‘any member of society will have the right to come and see with his own eyes how schools, hospitals, factories, and prisons function’ (Foucault, Discipline 207). Counter-surveillance is the process of detecting and mitigating hostile surveillance (Burton). Therefore, while the Internet is a surveillance instrument that enables governments to watch people, it also improves the capacity to counter-surveille, and draws public attention to governments’ injustice. As Castells (185) notes the Internet could be used by citizens to watch their government as an instrument of control, information, participation, and even decision-making, from the bottom up.With regards to the role of citizens in counter-surveillance we can draw on Jay Rosen’s view of Internet users as ‘the people formerly known as the audience’. In counter-surveillance it can be said that passive citizens (formerly the audience) have turned into active citizens. And this change was becoming impossible without mobile and social media platforms. These new techniques and technologies have empowered people and given them the opportunity to have new identities. When Thompson wrote ‘the exercise of power in modern societies remains in many ways shrouded in secrecy and hidden from the public gaze’ (Media 125), perhaps he could not imagine that one day people can gaze at the politicians, security forces and the police through the use of the Internet and mobile devices.Furthermore, while access to mobile media allows people to hold authorities accountable for their uses and abuses of power (Breen 183), social media can be used as a means of representation, organization of collective action, mobilization, and drawing attention to police brutality and reasons for political action (Gerbaudo).There is no doubt that having creativity and using alternative platforms are important aspects in counter-surveillance. For example, images of Lt. Pike “Pepper Spray Cop” from the University of California became the symbol of the senselessness of police brutality during the Occupy Movement (Shaw). Iranians’ Counter-Surveillance on Social and Mobile Media, 2009 Iran’s Green movement (2009) triggered a lot of discussions about the role of technology in social movements. In this regard, there are two notable attitudes about the role of technology: techno-optimistic (Shriky and Castells) and techno-pessimistic (Morozov and Gladwell) views should be taken into account. While techno-optimists overrated the role of social media, techno-pessimists underestimated its role. However, there is no doubt that technology has played a great role as a counter-surveillance tool amongst Iranian people in Iran’s contemporary politics.Apart from the academic discussions between techno-optimists and techno-pessimists, there have been numerous debates about the role of new technologies in Iran during the Green Movement. This subject has received interest from different corners of the world, including Western countries, Iranian authorities, opposition groups, and also some NGOs. However, its role as a means of counter-surveillance has not received adequate attention.As the tools of counter-surveillance are more or less the tools of surveillance, protesters learned from the government to use the same techniques to challenge authority on social media.Establishing new websites (such as JARAS, RASA, Kalemeh, and Iran green voice) or strengthening some previous ones (such as Saham, Emrooz, Norooz), also activating different platforms such as Facebook, Twitter, and YouTube accounts to broadcast the voice of the Iranian Green Movement and neutralize the government’s propaganda were the most important ways to empower supporters of Iran’s Green Movement in counter-surveillance.‘Reporters Without Borders issued a statement, saying that ‘the new media, and particularly social networks, have given populations collaborative tools with which they can change the social order’. It is also mentioned that despite efforts by the Iranian government to prevent any reporting of the protests and due to considerable pressure placed on foreign journalists inside Iran, social media played a significant role in sending the messages and images of the movement to the outside world (Axworthy). However, at that moment, many thought that Twitter performed a liberating role for Iranian dissenters. For example, Western media heralded the Green Movement in Iran as a “Twitter revolution” fuelled by information and communication technologies (ICTs) and social media tools (Carrieri et al. 4). “The Revolution Will Be Twittered” was the first in a series of blog posts published by Andrew Sullivan a few hours after the news of the protests was released.According to the researcher’s observation the numbers of Twitter users inside Iran who tweeted was very limited in 2009 and social media was most useful in the dissemination of information, especially from those inside Iran to outsiders. Mobile phones were mostly influential as an instrument firstly used for producing contents (images and videos) and secondly for the organisation of protests. There were many photos and videos that were filmed by very simple mobile cell phones, uploaded by ordinary people onto YouTube and other platforms. The links were shared many times on Twitter and Facebook and released by mainstream media. The most frequently circulated story from the Iranian protests was a video of Neda Agha-Sultan. Her final moments were captured by some bystanders with mobile phone cameras and rapidly spread across the global media and the Internet. It showed that the camera-phone had provided citizens with a powerful means, allowing for the creation and instant sharing of persuasive personalised eyewitness records with mobile and globalised target populations (Anden-Papadopoulos).Protesters used another technique, DDOS (distributed denial of service attacks), for political protest in cyber space. Anonymous people used DDOS to overload a website with fake requests, making it unavailable for users and disrupting the sites set as targets (McMillan) in effect, shutting down the site. DDOS is an important counter-surveillance activity by grassroots activists or hackers. It was a cyber protest that knocked the main Iranian governmental websites off-line and caused crowdsourcing and false trafficking. Amongst them were Mahmoud Ahmadinejad, Iran's supreme leader’s websites and those which belong to or are close to the government or security forces, including news agencies (Fars, IRNA, Press TV…), the Ministry of Foreign Affairs, the Ministry of Justice, the Police, and the Ministry of the Interior.Moreover, as authorities uploaded the pictures of protesters onto different platforms to find and arrest them, in some cities people started to put the pictures, phone numbers and addresses of members of security forces and plain clothes police officers who attacked them during the protests and asked people to identify and report the others. They also wanted people to send information about suspects who infringed human rights. Conclusion To sum up, visibility, surveillance and counter-surveillance are not new phenomena. What is new is the technology, which increased their complexity. As Foucault (Discipline 200) mentioned ‘visibility is a trap’, so being visible would be the weakness of those who are being surveilled in the power struggle. In the convergent era, in order to be more powerful, both surveillance and counter-surveillance activities aim for more visibility. Although both attempt to use the same means (technology) to trap the other side, the differences are in their subjects, objects, goals and results.While in surveillance, visibility of the many by the few is mostly for the purpose of control and influence in undemocratic ways, in counter-surveillance, the visibility of the few by the many is mostly through democratic ways to secure more accountability and transparency from the governments.As mentioned in the case of Iran’s Green Movement, the scale and scope of visibility are different in surveillance and counter-surveillance. The importance of what Shaw wrote about Sydney occupy counter-surveillance, applies to other places, such as Iran. She has stressed that ‘protesters and police engaged in a dance of technology and surveillance with one another. Both had access to technology, but there were uncertainties about the extent of technology and its proficient use…’In Iran (2009), both sides (government and activists) used technology and benefited from digital networked platforms, but their levels of access and domains of influence were different, which was because the sources of power, information and wealth were divided asymmetrically between them. Creativity was important for both sides to make others more visible, and make themselves invisible. Also, sharing information to make the other side visible played an important role in these two areas. References Alen, David. “The Trouble with Transparency: The Challenge of Doing Journalism Ethics in a Surveillance Society.” Journalism Studies 9.3 (2008): 323-40. 8 Dec. 2013 ‹http://www.tandfonline.com/doi/full/10.1080/14616700801997224#.UqRFSuIZsqN›. Anden-Papadopoulos, Kari. “Citizen Camera-Witnessing: Embodied Political Dissent in the Age of ‘Mediated Mass Self-Communication.’” New Media & Society 16.5 (2014). 753-69. 9 Aug. 2014 ‹http://nms.sagepub.com/content/16/5/753.full.pdf+html›. Andrejevic, Mark. iSpy: Surveillance and Power in the Interactive Era. Lawrence, Kan: UP of Kansas, 2007. Axworthy, Micheal. Revolutionary Iran: A History of the Islamic Republic. London: Penguin Books, 2014. Bentham, Jeremy. Panopticon Postscript. London: T. Payne, 1791. Beth Elson, Sara, Douglas Yeung, Parisa Roshan, S.R. Bohandy, and Alireza Nader. Using Social Media to Gauge Iranian Public Opinion and Mood after the 2009 Election. Santa Monica: RAND Corporation, 2012. 1 Aug. 2014 ‹http://www.rand.org/content/dam/rand/pubs/technical_reports/2012/RAND_TR1161.pdf›. Breen, Marcus. Uprising: The Internet’s Unintended Consequences. Champaign, Ill: Common Ground Pub, 2011. Burton, Fred. “The Secrets of Counter-Surveillance.” Stratfor Global Intelligence. 2007. 19 April 2015 ‹https://www.stratfor.com/secrets_countersurveillance›. Carrieri, Matthew, Ali Karimzadeh Bangi, Saad Omar Khan, and Saffron Suud. After the Green Movement Internet Controls in Iran, 2009-2012. OpenNet Initiative, 2013. 17 Dec. 2013 ‹https://opennet.net/sites/opennet.net/files/iranreport.pdf›. Castells, Manuel. The Internet Galaxy: Reflections on the Internet, Business, and Society. Oxford: Oxford UP: 2001. Cellan-Jones, Rory. “Hi-Tech Helps Iranian Monitoring.” BBC, 2009. 26 July 2014 ‹http://news.bbc.co.uk/1/hi/technology/8112550.stm›. “Cyber Crimes’ List.” Iran: Cyber Police, 2009. 17 July 2014 ‹http://www.cyberpolice.ir/page/2551›. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. Alan Sheridan. Harmondsworth: Penguin, 1977. Foucault, Michel. “The Eye of Power.” 1980. 12 Dec. 2013 ‹https://nbrokaw.files.wordpress.com/2010/12/the-eye-of-power.doc›. Freedom House. “Special Report: Iran.” 2009. 14 June 2014 ‹http://www.sssup.it/UploadDocs/4661_8_A_Special_Report_Iran_Feedom_House_01.pdf›. Fuchs, Christian. “Introduction.” Internet and Surveillance: The Challenges of Web 2.0 and Social Media. Ed. Christian Fuchs. London: Routledge, 2012. 1-28. Fuchs, Christian. “Critique of the Political Economy of Web 2.0 Surveillance.” Internet and Surveillance: The Challenges of Web 2.0 and Social Media. Ed. Christian Fuchs. London: Routledge, 2012. 30-70. Gerbaudo, Paolo. Tweets and the Streets: Social Media and Contemporary Activism. London: Pluto, 2012. “Internet: Iran’s New Imaginary Enemy.” Jaras Mar. 2009. 28 June 2014 ‹http://www.rahesabz.net/print/12143›.Iran Media Program. “Text Messaging as Iran's New Filtering Frontier.” 2013. 25 July 2014 ‹http://www.iranmediaresearch.org/en/blog/227/13/04/25/136›. Internet World Stats News. The Internet Hits 1.5 Billion. 2009. 3 July 2014 ‹ http://www.internetworldstats.com/pr/edi038.htm›. Lyon, David. Surveillance Society: Monitoring Everyday Life. Buckingham: Open UP, 2001. Lyon, David. “9/11, Synopticon, and Scopophilia: Watching and Being Watched.” The New Politics of Surveillance and Visibility. Eds. Richard V. Ericson and Kevin D. Haggerty. Toronto: UP of Toronto, 2006. 35-54. Marx, Gary T. “What’s New about the ‘New Surveillance’? Classify for Change and Continuity.” Surveillance & Society 1.1 (2002): 9-29. McMillan, Robert. “With Unrest in Iran, Cyber-Attacks Begin.” PC World 2009. 17 Apr. 2015 ‹http://www.pcworld.com/article/166714/article.html›. Meikle, Graham, and Sherman Young. Media Convergence: Networked Digital Media in Everyday Life. London: Palgrave Macmillan, 2012. Morozov, Evgeny. “How Dictators Watch Us on the Web.” Prospect 2009. 15 June 2014 ‹http://www.prospectmagazine.co.uk/magazine/how-dictators-watch-us-on-the-web/#.U5wU6ZRdU00›.Open Net. “Iran.” 2009. 26 June 2014 ‹https://opennet.net/research/profiles/iran›. Reporters without Borders. “Web 2.0 versus Control 2.0.” 2010. 27 May 2014 ‹http://en.rsf.org/web-2-0-versus-control-2-0-18-03-2010,36697›.Rosen, Jay. The People Formerly Known as the Audience. 2006. 7 Dec. 2013 ‹http://www.huffingtonpost.com/jay-rosen/the-people-formerly-known_1_b_24113.html›. Shaw, Frances. “'Walls of Seeing': Protest Surveillance, Embodied Boundaries, and Counter-Surveillance at Occupy Sydney.” Transformation 23 (2013). 9 Dec. 2013 ‹http://www.transformationsjournal.org/journal/issue_23/article_04.shtml›. “The Warning of the Iranian Revolutionary Guard Corps (IRGC) to the Weblogs and Websites.” BBC, 2009. 27 July 2014 ‹http://www.bbc.co.uk/persian/iran/2009/06/090617_ka_ir88_sepah_internet.shtml›. Thompson, John B. The Media And Modernity: A Social Theory of the Media. Cambridge: Polity Press, 1995. Thompson, John B. “The New Visibility.” Theory, Culture & Society 22.6 (2005): 31-51. 10 Dec. 2013 ‹http://tcs.sagepub.com/content/22/6/31.full.pdf+html›. Tusa, Felix. “How Social Media Can Shape a Protest Movement: The Cases of Egypt in 2011 and Iran in 2009.” Arab Media and Society 17 (Winter 2013). 15 July 2014 ‹http://www.arabmediasociety.com/index.php?article=816&p=0›. Tzu, Sun. Sun Tzu: The Art of War. S.l.: Pax Librorum Pub. H, 2009. Valizadeh, Reza. “Invitation to the Public Shooting with the Camera.” RFI, 2011. 19 June 2014 ‹http://www.persian.rfi.fr/%D8%AF%D8%B9%D9%88%D8%AA-%D8%A8%D9%87-%D8%B4%D9%84%DB%8C%DA%A9-%D8%B9%D9%85%D9%88%D9%85%DB%8C-%D8%A8%D8%A7-%D8%AF%D9%88%D8%B1%D8%A8%DB%8C%D9%86-%D8%B9%DA%A9%D8%A7%D8%B3%DB%8C-20110307/%D8%A7%DB%8C%D8%B1%D8%A7%D9%86›. Wagner, Ben. Exporting Censorship and Surveillance Technology. Netherlands: Humanist Institute for Co-operation with Developing Countries (Hivos), 2012. 7 July 2014 ‹https://hivos.org/sites/default/files/exporting_censorship_and_surveillance_technology_by_ben_wagner.pdf›. World Bank. Mobile Cellular Subscriptions (per 100 People). The World Bank. N.d. 27 June 2014 ‹http://data.worldbank.org/indicator/IT.CEL.SETS.P2›.

Abstract:

Library and information science researchers identify public library roles in the integration of forced migrants into local communities. Here an analysis of formal documentation issued by local authorities allowed for an exploration of public libraries as services to aid the integration of forced migrants in Scotland. In 2021, 23 Scottish local authorities responded to Freedom of Information requests to supply documentation on the integration of forced migrants. Analysis. Inductive thematic analysis was conducted on 141 files. Complete coding resulted in 44 consolidated codes and 4 candidate themes. Scottish local authority documentation primarily records provision for the integration of forced migrants, rather than advocates policy or guidance. The local authorities focus mainly on housing, education, and health, with close attention to the legal context, in efforts to address forced migrant integration needs. Public libraries feature only occasionally in the documentation: as services that support orientation and/or provide leisure facilities. Their potential to contribute to meeting information needs, or supporting literacy and learning, is not considered. The integration of forced migrants is an important priority of Scottish local authorities, but one that does not currently acknowledge the roles that public libraries play in such endeavours.

Abstract:

Abstract Background Lack of transparency around manufacturing costs, who bears the bulk of research and development costs and how total costs relate to the pricing of products, continue to fuel debates. This paper considers the case of olaparib (Lynparza®), recently indicated for use among BRCA-mutant breast cancer patients, and estimates the extent of public and philanthropic R&D funding. Methods We know from previous work that attempting to ascertain the amount of public and philanthropic funding using purely bibliographic sources (i.e., authors’ declarations of funding sources and amounts traced through funders) is limited. Since we knew that a publically funded research unit was pivotal in developing olaparib, we decided to supplement bibliographic data with a Freedom of Information request for administrative records on research funding data from this research centre. Research In terms of stages of product development, work conducted in the pre-clinical research stage was the most likely to report non-industry funding (> 90% of pre-clinical projects received public or philanthropic funding). Clinical trials were least likely to be funded through non-industry sources—although even here, contrary to the popular assertion that this is wholly industry-financed, we found public or philanthropic funding declared by 23% of clinical trials. Using information reported in the publications, we identified approximately £128 million of public and philanthropic funding that may have contributed to the development of olaparib. However, this amount was less than one-third of the total amount received by one research institute playing a pivotal role in product discovery. The Institute of Cancer Research reported receiving 38 funding awards to support olaparib work for BRCA-mutant breast cancer totalling over £400 million. Conclusions Government or charitable funding of pharmaceutical product development is difficult to trace using publicly available sources, due to incomplete information provided by authors and/or a lack of consistency in funding information made available by funders. This study has shown that a Freedom of Information request, in countries where such requests are supported, can provide information to help build the picture of financial support. In the example of olaparib, the funding amounts directly reported considerably exceeded amounts that could be ascertained using publically available bibliographic sources.

Abstract:

Booking photographs are a distinct category of records that individuals have requested from the U.S. Marshals Service under the Freedom of Information Act (“FOIA”). While FOIA provides for broad disclosure of agency documents, 5 U.S.C. § 522(b)(7)(C) (“exemption 7(C)” or “7(C)”) protects personal information from being disclosed under FOIA when there is a privacy interest in nondisclosure of law enforcement records, and if a corresponding public interest exists, when the privacy interest in nondisclosure of the photograph prevails over the public interest. In recent years, there has been a surge of “mugshot websites,” which exploit such records by publishing them online and requiring individuals to pay money to have the photographs removed.This occurrence, coupled with the extensive availability of public records online, has led to more strict protection of U.S. Marshals Service booking photographs, as well as some state legislation prohibiting the use of booking photographs for exploitive mugshot websites. Despite the strong privacy interest in protecting individuals from humiliation, in some circ*mstances there is an equally strong public interest that fits within the meaning and purpose of FOIA. A limited number of federal courts have considered this issue, resulting in a split among the circuits.In 2015, the Sixth Circuit affirmed the precedent set forth in Detroit Free Press I, providing that booking photographs are not exempt from disclosure, but also urging the court to rehear the case en banc. This request was met, and now, the Sixth Circuit will rehear Detroit Free Press II, ultimately deciding whether or not to overrule its precedent that booking photographs are not exempt under 7(C) of FOIA. Due to the significant public interest at stake, courts must not take a categorical approach to whether or not these documents are available; in some circ*mstances, these records contain useful evidence regarding the interworking of a federal agency. Additionally, states and the federal government can enact legislation prohibiting exploitive websites from publishing booking photographs and making money from their removal. Since these records could be crucial in evaluating agency conduct, courts must preserve the ability for booking photographs to be available under FOIA, even if only in very limited circ*mstances, instead of completely excluding such documents from disclosure. These documents must not be categorically exempt from disclosure under FOIA in order to protect individual privacy and still retain possible access to booking photographs when warranted. A more reasonable approach would provide for ad hoc balancing in circ*mstances when a significant public interest exists in the disclosure of such records.

Abstract:

IntroductionThe National School Chaplaincy and Student Welfare Program (NSCSWP) has been one of the most controversial Australian news topics in the past eight years. Newspaper representations of the NSCSWP have been prolific since the Program began in 2006/07. In my previous research into the NSCSWP, I found that initially the Program was well received. Following the High Court Challenge campaign, however, which began in late 2010, newspaper reports portrayed the NSCSWP in a predominantly negative light. These negative portrayals of the NSCSWP persisted in the lead up to the second High Court Challenge from 2013 until June 2014. During this time, newspaper representations portrayed the Program as an illegitimate form of counseling for state school students. However, I would argue that it was the newspaper representations of the NSCSWP that were in fact illegitimate. In this article, I contend that illegitimate representations of the NSCSWP became hegemonic because of a lack of evidence-based research conducted into the Program’s operation within state schools. Evidence-based research would have appropriately evaluated the Program’s progress and contributed to a legitimate and fair representation of chaplains in online newspapers. My analysis acknowledges the overwhelming prejudice against the NSCSWP. Whether chaplains were indeed a legitimate or illegitimate form of counseling is not my argument. My argument is that newspaper representations of the NSCSWP were illegitimate because news articles were presenting biased and incomplete information to the Australian community. Defining IllegitimacyIllegitimacy as a term has a long history dating back to early modern England, when it was commonly used to refer to children born out of wedlock (Pritchard 19). However, the definition of illegitimacy extends beyond this social phenomenon. Katie Pritchard states:The understanding of illegitimacy encompasses a kind of theoretical illegitimacy that is nothing to do with birth, referring to a kind of falseness or unsuitability that can be applied in many circ*mstances. (21)For this article, I will be using the term ‘illegitimate’ to describe how the newspaper representations of the NSCSWP were unsuitable because they were biased and lacked valuable information. Newspaper reports, which can be accessed online via the newspaper company’s website, include important authoritative voices. However, these voices expressed a certain opinion or concern, rather than delivering information that contributed to society’s understanding of the NSCSWP. Therefore, newspapers did not present legitimate facts, but instead a range of subjective opinions.The Illegitimacy of Newspaper ReportingThe ideological bias of newspapers has been recently examined regarding News Corp, the owner of national title The Australian, and many of the major Australian state newspapers: The Daily Telegraph; The Courier Mail, Herald Sun; The Advertiser; and Sunday Times. This organisation has recently been accused of showing bias in its newspaper articles (Meade). Meade quotes Mark Scott, the ABC Managing Director, who states:Given the aggressive editorial positioning of some of their mastheads and their willingness to adopt and pursue an editorial position, an ideological position and a market segmentation, you could argue that News Corporation newspapers have never been more assertive in exercising media power. (1)The market domination enjoyed by large organisations such as News Corp, and even Fairfax Media, leads to consistency in journalists’ writing on political, social, religious, and economic issues, which may predominate over the articles published by smaller newspapers. There is the concern that over time a particular point of view will be favoured. According to Mark Scott “a range of influential voices [is] essential to ensure a fair and open media” (Meade 1). Scott cites Rupert Murdoch who stated, back in 1967, that “freedom of the press mustn’t be one-sided just for a publisher to speak as he pleases, to try and bully the community” (Meade 1). Therefore, it has been acknowledged that a biased news article is illegitimate, and national news articles are to present facts, not the opinions of the newspaper.A Methodological Framework For this article I will utilise Norman Fairclough’s theory of Critical Discourse Analysis. Fairclough states:By ‘critical’ discourse analysis I mean discourse analysis which aims to systematically explore often opaque relationships of causality and determination between (a) discursive practices, events and texts and (b) wider social and cultural structures, relations and processes. (132-133)This method of analysis examines three assumptions: Existential, Propositional and Value. Existential assumptions make claims about what exists with regards to the problem, and refers to social phenomena such as globalisation or social cohesion (56). Propositional assumptions make predictions about what is or will be (55). Value assumptions simply evaluate things as good or bad, needed or not needed (57). These assumptions can be identified through analysis of the various direct quotes included within online newspaper articles.Direct quotations in newspaper articles available online often represent polarised views demonstrating whether people agree or disagree with the topic being discussed. The selection, or framing, of dominant voices within an article can be used to construct or re-present certain ideologies (Entman, 165). Entman explains that “we can define framing as the process of culling a few elements of perceived reality and assembling a narrative that highlights connections among them to promote a particular interpretation” (164). The framing of direct quotes within an article, therefore, assists the reader in identifying the article’s bias. The National School Chaplaincy and Student Welfare ProgramThe National School Chaplaincy Program was first established in 2006 by the Howard Government, and in 2011 Julia Gillard included secular youth workers, expanding it from 2012 to become the National School Chaplaincy and Student Welfare Program. According to the National School Chaplaincy and Student Welfare Guidelines, the Program aimed to “assist school communities to provide pastoral care and general spiritual, social and emotional comfort to all students, irrespective of their faith or beliefs” (6). Chaplaincy in Australia has been a predominantly Christian counseling service with Christianity being the most commonly practiced religion in Australia (Australian Bureau of Statistics). However, there have been chaplains representing other faiths such as Islam, Judaism and Buddhism (Australian Government 8). Chaplains were chosen by their respective schools and were partly funded by the Government to provide support to students and staff.State Newspaper Articles Online: Representations 2013-2014My sample of articles came from nine state newspapers with an online presence: The Sydney Morning Herald, Brisbane Courier Mail, Adelaide Advertiser, Melbourne Age, Northern Times, The Australian, The West Australian, The Daily Telegraph, and The Mercury. A total of 36 articles were collected, from the newspaper’s Website, for 2013 and 2014, and were divided into two categories.The two categories are Supportive (of the Program) and Unsupportive (of the Program). In 2013, two articles were supportive of the Program, whereas in 2014 there were four. In 2013 three articles were unsupportive of the Program, whereas in 2014 there were 27 unsupportive articles, representing the growing interest in the scheme in the final lead up to the High Court Challenge in 2014. An online newspaper article from 2013, which portrays the NSCSWP and in particular chaplains as illegitimate, is Call for Naked School Chaplain to Be Defrocked (Domjen). This article explains how an off-duty school chaplain was preaching naked in the main street of a country town in NSW. The NSW Teachers Federation President Maurie Mulheron, and Parents and Citizens Association publicity officer Rachael Sowden were quoted in this article. It is through their direct quotes that the illegitimacy of chaplaincy is framed. President Mulheron states:We believe the chaplaincy program is wrong and that money should be used for an increase in school-based counsellors. Obviously the right checks and balances are not in place. (1)When President Mulheron states “We” it is unclear to the reader as to whether he is referring to all NSW Teachers or the organisation’s administrators. The reader is left to make their own assumptions about whom he is referring to. The President also makes a value assumption that the money would be better spent on school-based counselors, thus expressing his own opinion that they are a better option. A propositional assumption is made when he claims that the “right checks and balances are not in place”, but is he basing his claim on this one incident or is there other research to support this assumption?Perhaps this naked chaplain appeared fine when the school hired him, perhaps he does not have a previous record of inappropriate behaviour, perhaps it was an isolated incident. The reader is not given any background information on this chaplain and is therefore meant to take the President’s assumptions as legitimate fact. Ms Sowden, representing the Parents’ and Citizens’ Association, also expresses the same assumptions and concerns. Ms Sowden states:We have great concerns about the chaplain scheme - many parents do. We are concerned about whether they go through the same processes as teachers in terms of working with children checks and their suitability to the position, and this case highlights that.Ms Sowden makes a propositional assumption that many parents and citizens are concerned about the Program. It would be interesting to know what the Parents and Citizens Association was doing about this, considering the choice to have a chaplain is a decision made by the school community? Ms Sowden also asks whether chaplains “go through the same processes as teachers in terms of working with children checks and their suitability to the position”. Chaplains do not go through the same process as teachers in their training as they have a different role in the school. However, chaplains do require a Certificate IV in Pastoral Care as well as a Working with Children Check because they are in close proximity to children, and are being paid for their school counseling service (Working with Children Check). Ms Sowden’s value assumption that chaplains are unsuitable for the position is based on her own limited understanding of their qualifications, which she admits to not knowing. In fact, to be appointed to represent parents and citizens and to even voice their concerns, but not know the qualifications of chaplains in her community, is an interesting area of ignorance.This article has been framed to evaluate the actions of all chaplains through the example of a publicly-naked chaplain, discussed without context in this article. The Program is portrayed as hiring unsuitable and thus illegitimate chaplains. However, the quotes are based on concerns and assumptions that are unfounded, and are fears presented as facts. Therefore the representation is illegitimate because it does not report any information that the public can use to better understand the NSCSWP, or even to understand the circ*mstances surrounding the chaplain who preached naked in the street. Another article from 2014, which represents chaplains as illegitimate, is Push to Divert Chaplain Cash to School Councillors (Paine). This article focuses on the comments of the Tasmanian Association of State School Organisations President Jenny Eddington, and the Australian Education Union President Angelo Gavrielatos. These dominant voices within the Tasmanian and Australian communities are chosen to express their opinion that the money once used for chaplains should now be used to fund psychologists in schools. AEU President Angelo Gavrielatos states: Apart from undermining our secular traditions, this additional funding should have been allocated to schools to better meet the educational needs of students with trained, specialist staff.Mr Gavrielatos makes a propositional assumption that chaplains are untrained staff and are thus illegitimate staff. However, chaplains are trained and specialise in providing counseling services. Thus, through his call for “trained, specialist staff” he aims to delegitimize the training of chaplains. Mr Gavrielatos also makes a value assumption when he claims that the funding put towards the NSCSWP undermines “our secular traditions”. “Secular traditions” is an existential assumption in positioning that Australians have secular traditions, and that these do not involve chaplaincy because the Australian Government is not supposed to support religion. The Australian Bureau of Statistics states:Enlightenment principles promoted a secular government, detached from the church, that encouraged tolerance and supported religious pluralism, including the right to practice no religion. By Federation, this diversity was enshrined in the Australian Constitution, which says that the Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion. (1)The funding of the Program was a contentious issue from the time of its inception; although it could be argued that it was the prerogative of the Government to support the practice of diverse cultural and religious beliefs by allowing schools to hire religious counselors of their choice. Given that not every student is Christian some would perhaps benefit from chaplains or counselors representing other faiths.These news articles have selected dominant voices to construct and promote an ideology of chaplains as an illegitimate resource for school communities. In these newspaper reports existential, propositional and value assumptions were expressed by dominant voices who expressed concern about the role and behaviour of chaplains in schools. However, research into the Program and its operation within each state may have avoided the representation of unfounded and illegitimate assumptions.Evidence-Based Research: Avoiding Illegitimacy Over the course of the Chaplaincy Program various resources, such as reports and journal articles attempted to provide evidence of how the NSCSWP was funded and operated within state schools.The Department of Education received frequent progress reports by state schools who hired chaplains, although this information was not made available to the public. However, in 2011 then Education Minister Peter Garrett released a discussion paper informing Australians about the current set up of the Program and how the community could have their say on the Program’s fulfillment from 2012-2014. The discussion paper was reported on by The Australian, which portrayed the Program as not catering to the needs of Australian youth because chaplains are predominantly Christian (Ferrari). The newspaper report focuses on the concerns of Australian communities regarding the funding, and qualifications of chaplains, and the cost of the Program. Thus, the Program appeared illegitimate and as though it could not cater to the Australian community’s expectations.Reports conducted by organisations external to the Education Department tried to examine schools communities’ expectations and experiences of the Program. One such report was written in 2009 by Dr Philip Hughes and Professor Margaret Sims from Edith Cowan University who aimed to examine how Australian schools evaluated the Program, and the role of chaplains, but their report excluded the state of NSW.Hughes and Sims state that chaplains’ “contribution was widely appreciated” by schools (6). This report attempted to provide a legitimate and independent account of the Program, however, the report was deemed biased by NSW Greens MLC, Dr John Kaye who remarked that the study was “deeply flawed” and lacked independence (Thielking & MacKenzie 1). According to critics, the study focussed on the positive benefits of chaplains, but the only benefit that was unique to them was that they were religious (The Greens). The study also neglected to report that Hughes was an employee of the Christian Research Association and that his background could impede his objectivity. In the same year, 2009, ACCESS ministries published a report titled: The value of chaplains in Victorian schools. The independent research conducted by Social Compass covers: “the value of chaplains; their social, spiritual and academic impacts; the difference made to the health, well being and quality of life of students; and the contributions made to strengthen communities” (2).This study promoted a positive view of chaplaincy within schools and tried to report on a portion of the community’s experiences with chaplains. However, it was limited in that it pertains only to Victorian schools and received very little media attention online. Even if this information were available online it would have only related to Victoria. Further research conducted into chaplaincy has been published in the Journal of Christian Education. This journal contains many articles on chaplaincy, but these are not easily available online as they require a subscription. The findings from these articles have not been published in newspaper articles online and have therefore not been made available to the general public. The Christian bias of the journal may have also contributed to its contents being neglected by news articles made available online, although they might have assisted in providing a more balanced representation of the NSCSWP.The extent of the research conducted into The National School Chaplaincy and Student Welfare Program has not been entirely delineated here, but these are some of the prominent resources. Nonetheless, the rigorous evaluation of the contribution of the NSCSWP was minimal, and the quality of its evaluation predominantly biased.Robert Slavin states that school program evaluations must “produce reliable, unbiased, and meaningful information on the strength of evidence behind each program” (1). Unfortunately, the research conducted into the Chaplaincy Program was not free from bias, consistent or properly designed in a way that legitimately evaluated the NSCSWP. According to Monica Thielking and David MacKenzie:The fact is that the provision of support services for students in Australian schools has never been subjected to serious research and evaluation, and any analysis is made more difficult by the fact that the various states and territories deploy somewhat different models. (1)Thus, the information on the Chaplaincy Program’s progress and the responsibilities of chaplains in schools was not comprehensive or accurate enough to be appropriately reported in newspapers available online. Therefore, newspaper articles used quotes and information based on a limited understanding of the Program, which in turn produced illegitimate representations of the NSCSWP.ConclusionNewspaper reports available online drew conclusions about the Program’s effectiveness, which had not been appropriately tested. If research had been made available to the public, or published within state-based media online, Australians would have had a more legitimate understanding of the Program’s operation within state education, even if that understanding could not have changed the High Court ruling.The Chaplaincy Program demonstrates how a lack of evidence-based research allows the media to construct illegitimate representations based on promoting the assumptions of dominant, and I would argue the loudest, voices, in society. The bias represented in a consistent approach adopted by newspapers owned by dominant media companies, is a factor in the re-presentation and promotion of certain ideologies. This was made evident by the fact that, in 2014, across nine state newspapers available online, 27 articles were unsupportive of the Program as opposed to only four articles that were supportive. Audiences need to be presented with facts rather than opinions, which are based on very little research. Hopefully newspaper reporting will change in the future to offer audiences a more legitimate representation of news events. ReferencesACCESS Ministries. The Value of Chaplains in Victorian Schools. NSW, 2009. Australian Bureau of Statistics. "Reflecting a Nation: Stories from the 2011 Census, 2012–2013." 2012. Australian Government. National School Chaplaincy Program: A Discussion Paper. Australia: Commonwealth of Australian, 2011. Chaplaincy Australia. "Training." n.d. Commonwealth of Australia. National School Chaplaincy and Student Welfare Program Guidelines. Australia: Australian Government, 2012. Domjen, Briana. “Call for Naked School Chaplain to Be Defrocked.” The Australian 3 Feb. 2013: 1.Entman, Robert. "Framing Bias: Media in the Distribution of Power." Journal of Communications 1 (2007): 163-73.Fairclough, Norman. Analysing Discourse: Textual Analysis for Social Research. London: Longman, 2003.Ferrari, Justine. "School Chaplains Not Representative." The Australian 12 Feb. 2011: 1.Hughes, Philip, and Margaret Sims. The Effectivess of Chaplaincy: As Provided by the National School Chaplaincy Association to Government Schools in Australia. Perth: Edith Cowan University, 2009.Meade, Amanda. "Mark Scott: News Corp Papers Never More Aggressive than Now." The Guardian 3 Oct. 2014: 1.Paine, Michelle. “Push to Divert Chaplain Cash to School Councillors.” The Mercury 21 Jun. 2014: 1.Pritchard, Katie. "Legitimacy, Illegitimacy and Sovereignty in Shakespeare’s British Plays." U of Manchester, 2011.Slavin, Robert. "Perspectives on Evidence-Based Research in Education: What Works? Issues in Synthesizing Educational Program Evaluations." Educational Researcher 37.1 (2008): 5-14. The Greens. "Chaplaincy Program Study 'Flawed and Biased': Conclusions Not Justified." n.d. Thielking, Monica, and David MacKenzie. “School Chaplains: Time to Look at the Evidence.” 2011. Working with Children Check. "Categories of Work." 2008.

Abstract:

Sources describe the actors quoted by journalists to support or refute their argumentation or to introduce new aspects into a discussion. Sources might be used for direct or indirect quotes and can be attributed to a variety of actors, such as government officials, witnesses or PR sources. In terrorism coverage, the media tends to mostly rely on official sources such as the government or police officials. Field of application/theoretical foundation: Content analyses focus on journalistic sources beyond terrorism coverage. Such analyses are often based on “Agenda-Setting” theories (McCombs & Shaw, 1972), models conceptualizing the relationship between journalists and PR, power hierarchies, or studies on working routines of journalists. References/combination with other methods of data collection: Similar analyses in the context of “Automated Content Analysis” try to grasp news “Actors”, of which news sources might be one, automatically (for example Burggraaf & Trilling, 2020). In addition, interviews with journalists can shed light on their sourcing routines (Larsen, 2018). Two studies are of particular value when analyzing sources used in terrorism coverage since they analyze a large variety of different sources and will hence be discussed in the following section. Example studies: Larsen (2019); Venger (2019) Information on Larsen, 2019 Author: Larsen (2019) Research question: How are radicalization and violent extremism framed in the news, including the sources used in these articles? Object of analysis: Online news from four Norwegian news outlets (Aftenposten, NRK, TV2, and VG) Time frame of analysis: 2014–2015 Info about variables Variable name/definition: Sources Level of analysis: News stories Variables and values: 27 different values, namely (1) no source, (2) police, (3) security services, (4) national politician in position, (5) national politician in opposition, (6) local politician, (7) bureaucracy/administration, (8) lawyer, (9) military/intelligence, (10) expert/researcher, (11) journalist/editor, (12) “extreme Islamist”, (13) “right-wing extremist”, (14) acquaintances, (15) NGOs, (16) international organizations, (17) religious leaders/spokespersons, (18) members of the public, (19) health, (20) education/school, (21) private sector/business, (22) prison administration, (23) affiliation not mentioned (i.e. anonymous), (24) think tank, (25) public prosecutors, (26) judge/court of Justice, (27) other Reliability: Cohen’s kappa: .895 Information on Venger, 2019 Authors: Venger (2019) Research question: How did the use of sources in news on the London bombings differ across newspapers published in countries with different media systems? Object of analysis: Newspaper coverage in the UK (The Guardian, The Times), the US (The Washington Post, The New York Times), and Russia (Izvestiya) Time frame of analysis: July–August 2005 Info about variables Variable name/definition8 different values, including (1) local government officials of the newspaper’s country, (2) foreign government officials, including officials of international agencies, (3) local experts, (4) international experts, (5) foreigners not associated with any government, (6) private citizens (of the newspaper’s country), (7) citations for local newspapers, (8) citations for international newspapers. Reliability: Rust and Cohen’s PRL reliability index, minimal value of any variable in study: .85 Table 1. Measurement of “Sources” in terrorism coverage. Author(s) Sample Manifestations Reliability Codebook Bennett (2016) Online news articles 12 different sources, ranging from “domestic media” to “eyewitnesses” Not reported Not available Douai & Lauricella (2014) Newspaper articles 5 different sources, ranging from “Western media sources” to “official/government Muslim sources” Percent agreement across all variables: 94.25 Not available Du & Li (2017) Online news articles 7 different sources, ranging from “NGOs” to “laws, orders, and documents” Scott’s pi for all variables in study: between .798 and 1 Not available Fahmy & Al Emad (2011) Online news articles 5 different sources, ranging from “US sources” to “Al Qaeda sources” Scott’s pi: .92 Available Gardner (2007) Newspaper articles 7 different sources, ranging from “analyst/academic” to “friends and family of the terrorist” Holsti across all variables: .87 Not available Larsen (2019) Broadcasting programs and online news articles 27 different sources, ranging from “security/intelligence” to “religious spokespersons” Cohen’s kappa: .895 Available Li (2007) Broadcasting programs 10 different sources, ranging from “airlines officials” to “witnesses” Scott’s pi: .84 Not available Matthews (2013) Newspaper articles 16 different sources, ranging from “police sources” to “experts” Minimal value for all variables in study: .8 Available Matthews (2016) Newspaper articles 7 different sources, ranging from “friends” to “survivors and witnesses” Not reported Not available Venger (2019) Newspaper articles 8 different sources, ranging from “local experts” to “citations for international newspapers” Rust and Cohen’s PRL reliability index, minimal value of any variable in study: 85 Not available Zhang & Hellmüller (2016) Online news articles 10 different sources, ranging from “ISIS/insurgent groups” to “ordinary people” Krippendorf’s alpha: .8 Available References Bennett, D. (2016). Sourcing the BBC’s live online coverage of terror attacks. Digital Journalism, 4(7), 861–874. doi:10.1080/21670811.2016.1163233 Burggraaff, C., & Trilling, D. (2020). Through a different gate: An automated content analysis of how online news and print news differ. Journalism, 21(1), 112–129. doi:10.1177/1464884917716699 Douai, A., & Lauricella, S. (2014). The ‘terrorism’ frame in ‘neo-Orientalism’: Western news and the Sunni–Shia Muslim sectarian relations after 9/11. International Journal of Media & Cultural Politics, 10(1), 7–24. doi:10.1386/macp.10.1.7_1 Du, Y. R., & Li, L. (2017). When press freedom meets national interest: How terrorist attacks are framed in the news in China and the US. Global Media and China, 2(3–4), 284–302. doi:10.1177/2059436418755761 Fahmy, S. S., & Al Emad, M. (2011). Al-Jazeera vs Al-Jazeera: A comparison of the network’s English and Arabic online coverage of the US/Al Qaeda conflict. International Communication Gazette, 73(3), 216–232. doi:10.1177/1748048510393656 Gardner, E. (2007). Is there method to the madness?: Worldwide press coverage of female terrorists and journalistic attempts to rationalize their involvement. Journalism Studies, 8(6), 909–929. doi:10.1080/14616700701556799 Larsen, A. H. (2018). Newsworthy actors, illegitimate voices: Journalistic strategies in dealing with voices deemed anti-democratic and violent. Journalism. Advanced online publication. doi:10.1177/1464884918760865 Larsen, A. G. (2019). Threatening criminals and marginalized individuals: Frames and news conventions in reporting of radicalization and violent extremism. Media, War & Conflict, 12(3), 299–316. doi:10.1177/1750635218769331 Li, X. (2007). Stages of a crisis and media frames and functions: U.S. television coverage of the 9/11 incident during the first 24 hours. Journal of Broadcasting & Electronic Media, 51(4), 670–687. doi:10.1080/08838150701626578 Matthews, J. (2013). News narratives of terrorism: Assessing source diversity and source use in UK news coverage of alleged Islamist plots. Media, War & Conflict, 6(3), 295–310. doi:10.1177/1750635213505189 Matthews, J. (2016). Media performance in the aftermath of terror: Reporting templates, political ritual and the UK press coverage of the London Bombings, 2005. Journalism, 17(2), 173–189. doi:10.1177/1464884914554175 McCombs, M.E., & Shaw, D. L. (1972). The agenda-setting function of mass media. Public Opinion Quarterly, 36(2), 176–187. doi:10.1086/267990 Venger, O. (2019). The use of experts in journalistic accounts of media events: A comparative study of the 2005 London Bombings in British, American, and Russian newspapers. Journalism, 20(10), 1343–1359. doi:10.1177/1464884919830479 Zhang, X., & Hellmüller, L. (2016). Transnational Media Coverage of the ISIS Threat: A Global Perspective? International Journal of Communication, 10, 766–785.

Abstract:

The variable “actors” records individuals or collectives, who appear as a source for assertions of facts and evaluations and whose actions, interests or demands are addressed in an article (Hillebrand, 2005). In the case of media self-coverage, and especially when dealing with media policy issues, media organizations themselves might be affected by them. Hence, media organizations may strategically use their privileged access to the public to promote their own interests, for example by selecting actors and positions that will be publicly heard. Several studies have found a predominance of “opportune actors” and experts representing a position that supports media organization’s own interests (Kemner, Scherer, & Weinacht, 2008; Lichtenstein, 2011; Maier & Dogruel, 2016). Field of application/theoretical foundation The variable serves to identify the actors involved in specific media discourses and can serve as an indicator for attempted influence by media organizations through biased selection. Example study Pedrazzi. 2020 Information on Pedrazzi, 2020 Research interest: Pedrazzi (2020) investigates Swiss media coverage of media policy, public service in general and the Swiss public service organization SRG SSR in the context of the referendum on the revision of the Federal Act on Radio and Television (RTVA) in 2015 and the No-Billag initiative in 2018. Object of analysis: Representative samples of articles covering each the revision of the RTVA and the No-Billag initiative in twelve regional and national Swiss German print and online publications with different ownership. Time frame of analysis: January 1, 2010 to March 4, 2018 Information about variable Level of analysis: article Operationalization/Coding instructions: “The main actor and the two most important secondary actors mentioned in the article and who speak directly or indirectly on media policy issues, i.e. either on one of the proposals (revision of RTVA and/or No-Billag initiative) and its consequences, on the subject of public service, on Swiss public service organization SRG SSR or on the media market, are recorded. However, if an actor is only mentioned - without an explanation of his/her views - he/she is not coded. The main actor is the one who is presented as central in the title, subtitle and/or lead. The title, subtitle (if available) and lead are the first criteria for the assignment. If several actors appear in the same text subunit, the order is decisive. If no clear assignment can be made due to title/subtitle/lead, the entire contribution is used. The main actor is then the most extensively presented actor in terms of volume. The most important secondary actor is determined according to the same criteria as the main actor (if the main actor is not taken into account). The second most important secondary actor is determined according to the same criteria as the main actor (if the main actor and the most important secondary actor are not considered). The journalist can also be coded as an actor if he/she reveals his/her opinion. In the case of commentaries/columns, the author counts as the main actor. In the case of interviews, the interviewee counts as the main actor, but not the journalist.” Values: Pedrazzi (2020) Government, administration, parliament or courts as a body or institution and/or individual representatives of the executive, legislative or judiciary system (however, not individual politicians speaking for themselves or their party) Federal Council Federal Council as a whole or individual members Federal departments, authorities and commissions Departments (e.g. DETEC), federal offices (e.g. OFCOM) authorities and commissions (e.g. ComCom) and their representatives National Council and Council of States Parliament or commissions, including commission presidents or spokespersons when acting in this capacity. Note: Individual parliamentarians must be coded as members of their parties. Cantonal government Cantonal Government as a whole or individual members acting in this capacity Cantonal administration Cantonal administration and their representatives Cantonal parliament Cantonal parliaments Municipalities Members of the municipal council, administration, etc.) Courts Federal court / cantonal court / district court etc. as well as judges acting in their function Other bodies or institutions of the government, administration, parliament or justice Parties and party representatives (incl. party subsections) BDP, Bürgerlich-Demokratische Partei Junge BDP CVP, Christlich-demokratische Volkspartei (inkl. CSP) Junge CVP EVP, Evangelische Volkspartei Junge EVP FDP, die Liberalen (inkl. LPS/Liberale Partei der Schweiz) Jungfreisinnige GLP, Grünliberale Partei Junge Grünliberale GPS, Grüne Partei der Schweiz Junge Grüne SP, Sozialdemokratische Partei JUSO SVP, Schweizerische Volkspartei Junge SVP Lega dei Ticinesi Mouvement Citoyens Romand Independents Other parties Initiative, referendum and counter committees Referendum Committee against the revision of the RTVG Committee "Ja zum RTVG" Committee "Nein zur neuen Billag-Mediensteuer" Initiative Committee No Billag incl. Olivier Kessler Committee "NEIN zu No-Billag" Committee "Nein zum Sendeschluss" Other initiative, referendum and counter committees Media, telecommunications and advertising companies and their representatives (incl. owners, editors) SRG SSR incl. SRF, RTS, RSI, RTR NZZ Mediengruppe incl. Radio FM1, TVO, Tele 1, Radio Pilatus, etc. Tamedia Ringier incl. Radio NRJ AZ Medien incl. Radio Argovia, Radio 24, Radio 32, Tele M1, Tele Züri, Tele Bärn, etc. Somedia incl. Radio Südostschweiz, Tele Südostschweiz, etc. Basler Zeitung Medien 3+ Gruppe ProSieben Sat.1 Gruppe RTL Gruppe Teleclub/Swisscom UPC Cablecom Sunrise Orange/Salt Publisuisse Goldbach Medien Other private media companies Media associations and their representatives Verband Schweizer Medien – Médias Suisses – Stampa Svizzera VSP - Verband Schweizer Privatradios RRR - Radio Régionales Romandes Unikom – Union nicht-kommerzorientierter Lokalradios Telesuisse - Verband der Schweizer Regionalsender impressum – Schweizer JournalistInnen Syndicom SSM – Schweizer Syndikat Medienschaffender Swisscable asut Schweizer Werbung – Publicité Suisse – Publicità Svizzera Other media associations Other associations (economic, cultural, civil society, etc.) economiesuisse Schweizerischer Gewerbeverband Schweizerischer Arbeitgeberverband avenir suisse Schweizerischer Gewerkschaftsbund Kaufmännischer Verband KV Schweiz Travail Suisse Stiftung für Konsumentenschutz Konsumentenforum Fédération romande des consommateurs Associazione consumatrici della Svizzera italiana Think tanks Cultural associations Incl. film and music professionals Sports associations Civil society organizations and associations Other associations Other economic or socio-cultural actors Industry experts Companies not operating in the media, telecommunications or advertising industry Science, research Celebrities From sports, culture, show business, etc. Members of the audience (viewers, readers, users) or simple citizens (without representative function) Author (in case of op-ed articles) Other actors Intercoder reliability: Intercoder reliability (Krippendorff’s Alpha) coefficient of .77 across categories (9 coders) Codebook available at (last accessed on 09.12.2020): https://doi.org/10.5281/zenodo.4312912 Information on Hillebrand, 2005 Research interest: Hillebrand (2005) examines how print media outlets report on television (which content, actors, concerns and ways of addressing issues dominate in the coverage and to what extent it includes criticism).Object of analysis: Purposive sample (four times two weeks around media-relevant events) of articles containing a reference to television in six national daily newspapers, two national weekly newspapers, three television magazines and two media trade journals from Germany. Time frame of analysis: August 1, 2002 to July 31, 2003 Information about variable Level of analysis: article Operationalization/Coding instructions: Hillebrand (2005, Anhang A, own translation):“Coding is intended to record the actors, sources and witnesses appearing in the article. A main actor and a secondary actor (if applicable) are coded.Main actor: Who is at the center of the article? Whose actions or statements, interests or preferences are at the core of the article? Who takes up the most space? Whose actions or statements form the reference point to which others then react? Who appears as the ‘source’ for statements of facts or for evaluations?The author(s) of an article are not considered as actors! This also applies in cases where TV celebrities such as Kalkofe (TV-Spielfilm) or Beckmann (Zeit) have permanent columns. As actor is recorded the person or collective, who is reported on, whose actions are commented on, etc.Secondary actor: Who else is it about? Same codes to be used as for the main actor.” Values: Hillebrand (2005) Members of the audience (viewers, readers, users), participants, simple citizens (without representative function) Media companies, media executives, journalists, celebrities of the media industry Politicians and all members of the executive and judiciary system Companies (outside the media industry) Interest groups (of companies or professions outside the media industry, e.g. from the environmental sector, etc.), churches, etc. Interest groups (of companies or professions outside the media industry, e.g. from the environmental sector, etc.), churches, etc. Science, experts, interpreters (writers etc.) - from research and scientific institutions or as self-employed, formally independent from companies, political parties and interest groups Others No secondary actor/not decidable Intercoder reliability: Intercoder reliability coefficient of .84 across categories (4 coders), not specified for individual categoryCodebook available at (last accessed on 09.12.2020): https://www.hans-bredow-institut.de/uploads/media/Publikationen/cms/media/d666beb1d9130d241ec01915684342eb582b3d42.pdf.ReferencesHillebrand, C. (2005). Das Fernsehen im Spiegel der Printmedien – Konturen der Berichterstattung. In R. Weiß (Ed.), Zur Kritik der Medienkritik. Wie Zeitungen das Fernsehen beobachten (pp. 33-81). Berlin: Vistas.Kemner, B., Scherer, H., & Weinacht, S. (2008). Unter der Tarnkappe. Publizistik, 53(1), 65-84. doi:10.1007/s11616-008-0006-9Lichtenstein, D. (2011). Kommerzialisierung des Medienjournalismus? Eine empirische Untersuchung zum „Fall Berliner Zeitung“. M&K Medien & Kommunikationswissenschaft, 59(2), 216-234. doi:10.5771/1615-634x-2011-2-216Maier, D., & Dogruel, L. (2016). Akteursbeziehungen in der Zeitungsberichterstattung über die Online-Aktivitäten des öffentlich-rechtlichen Rundfunks. Publizistik, 61(2), 145-166. doi:10.1007/s11616-016-0258-8 Pedrazzi, S. (2020). Codebuch zur Studie «Eigeninteressen in der Berichterstattung über medienpolitische Vorlagen und den Service public in der Schweiz». Zenodo. doi:10.5281/zenodo.4312912

Abstract:

“Key issue” describes the main issue or perspective an article focuses on when reporting on a news topic. There might be different key issues for the same topic: When reporting on terrorism, articles can for example concentrate on the incident itself, the perpetrator behind it, victims and/or political reactions to terrorism. Field of application/theoretical foundation: Key issues share similarities with other variables such as news “frames”, “issue salience” or “issue ownership” that also try to identify different perspectives for the same or different news topics. Therefore, studies based on “Framing” (Entman, 1993) work with similar variables to analyze what issues journalists focus on and many studies cited here use the concept of framing to identify key issues, for example Li (2007) or Zhang & Hellmüller (2016). References/combination with other methods of data collection: Studies for example combine content analysis and interviews with journalists to shed more light on dynamics and structures of terrorism coverage, including key issues (Larsen, 2019). Example studies: Li (2007); Matthews (2016) Information on Li, 2007 Authors: Li (2007) Research question: How did television outlets frame 9/11 during the first 24 hours of coverage and how did this framing change over time? Object of analysis: News coverage by five TV outlets (ABC, CBS, NBC, CNN, and FOX news) Time frame of analysis: 24 hours after attacks on September 9 2001 occurred Info about variables Variable name/definition: Coverage frame: “The coverage frame is defined as the aspects of a perceived reality identified through a story that makes these aspects more salient in the news coverage” (Li, 2007, p. 676). Level of analysis: News story (TV) Variables and values: Political coverage frame, economic coverage frame, criminal coverage frame, environment coverage frame, safety coverage frame, human interest coverage frame, religion coverage frame, disaster coverage frame, other coverage frame Reliability: Scott’s pi: .8 Information on Matthews, 2016 Authors: Matthews (2016) Research question: How did newspapers react in the immediate aftermath of the London bombings 2005? Object of analysis: News coverage by nine UK newspapers and their Sunday equivalents (The Star, The Sun, Daily Mail, Daily Mirror, Daily Express, The Times, The Telegraph, The Guardian and The Independent) Time frame of analysis: July 8 2005 to July 15 2005 Info about variables Variable name/definition: Story themes Level of analysis: News article Variables and values: Reconstruction and reaction, bombers’ identities, police investigation, victims/the missing, heroism and survivors, London’s reaction Table 1. Measurement of “Key Issue” in terrorism coverage. Author(s) Sample Manifestations Reliability Codebook An et al. (2018) Articles from terrorist websites 31 different key issues, ranging from terrorist attacks to their political consequences Average Holsti value for all pairwise comparisons: .66 Available Du & Li (2017) Online news articles 6 different key issues, including “description and updates of the incident itself”, “causes of the incident”, “consequences of the incident”, “conflicting viewpoint related to the incident”, “condemn the terrorist behavior and discuss the punishment/reprisal”, and “background/history knowledge of the incident areas” Scott’s pi for all variables in study: between .798 and 1 Available Haußecker & Jirschitzka, 2010; Jirschitzka et al., 2010 Broadcasting programs 11 different key issues, ranging from war against terror to communication of terrorists Average Holsti value for all pairwise comparisons with five coders and one main coder: .66 Available Larsen (2019) Broadcasting programs and online news articles 3 different key issues, including “threat of terrorism”, “countering and prevention”, and ”terrorism as phenomenon” Cohen’s kappa: .782 Available Li (2007) Broadcasting programs 9 different key issues, including “political”, “economic”, “criminal”, “environment”, “safety”, “human interest”, “religion”, “disaster”, and “other” coverage frame Scott’s pi: .8 Not available Li & Izard (2003) Broadcasting programs and news articles 10 different key issues, including “business”, “World Trade Center”, “Pentagon”, “safety (concerning future attacks)”, “government and U.S. president, “criminal activity and terrorism,” “personal story”, “American public”, “U.S. Arab community”, and “past events” Scott’s pi for all nominal variables in study: between .78 and .96 Not available Matthews (2016) Newspaper articles 6 different key issues, including “reconstruction and reaction”, “bombers’ identities”, “police investigation”, “victims/the missing”, “heroism and survivors”, and “London’s reaction” Not reported Not available Zhang & Hellmüller (2016) Online news articles 8 key issues, sorted in the overarching categories “geopolitics” (consisting of “failing state”, “political opportunism”, “strategic game”, “geopolitical alignment”) and “existential threat” (consisting of “ISIS prowess”, “human rights crisis”, “economic consequences”, and “ISIS propaganda”) Krippendorf’s alpha: .73 Available References An, Y., Mejía, N. A., Arizi, A., Villalobos, M. M, & Rothenberger, L. (2018). Perpetrators’ strategic communication: Framing and identity building on ethno-nationalist terrorists’ websites. Communications, 43(2), 133–171. doi:10.1515/commun-2017-0057 Du, Y. R., & Li, L. (2017). When press freedom meets national interest: How terrorist attacks are framed in the news in China and the US. Global Media and China, 2(3–4), 284–302. doi:10.1177/2059436418755761 Entman, R. M. (1993). Framing: Toward clarification of a fractured paradigm. Journal of Communication, 43(4), 51-58. doi:10.1111/j.1460-2466.1993.tb01304.x Haußecker, N., & Jirschitzka, J. (2010). Mediale Konstruktion I: Methodisches Vorgehen—Inhaltsanalyse der Terrorberichterstattung in deutschen Fernsehnachrichten [Media construction I: Methods – content analysis of terrorism coverage in German TV news]. In W. Frindte & N. Haußecker (Eds.), Inszenierter Terrorismus [Staged terrorism] (pp. 67–89). VS Verlag für Sozialwissenschaften. Jirschitzka, J., Haußecker, N., & Frindte, W. (2010). Mediale Konstruktion II: Die Konstruktion des Terrorismus im deutschen Fernsehen – Ergebnisdarstellung und Interpretation. [Media construction II: the construction of terrorism in German TV - results and interpretation]. In W. Frindte & N. Haußecker (Eds.), Inszenierter Terrorismus [Staged terrorism] (pp. 81–119). Wiesbaden: VS Verlag für Sozialwissenschaften. Larsen, A. G. (2019). Threatening criminals and marginalized individuals: Frames and news conventions in reporting of radicalization and violent extremism. Media, War & Conflict, 12(3), 299–316. doi:10.1177/1750635218769331 Li, X. (2007). Stages of a crisis and media frames and functions: U.S. television coverage of the 9/11 incident during the first 24 hours. Journal of Broadcasting & Electronic Media, 51(4), 670–687. doi:10.1080/08838150701626578 Li, X., & Izard, R. (2003). 9/11 Attack coverage reveals similarities, differences. Newspaper Research Journal, 24(1), 204–219. oi:10.1177/073953290302400123 Matthews, J. (2016). Media performance in the aftermath of terror: Reporting templates, political ritual and the UK press coverage of the London Bombings, 2005. Journalism, 17(2), 173–189. doi:10.1177/1464884914554175 Zhang, X., & Hellmüller, L. (2016). Transnational media coverage of the ISIS threat: A global perspective? International Journal of Communication, 10, 766–785.

Abstract:

History is not over and that includes media history. Jay Rosen (Zelizer & Allan 33) The media in their reporting on terrorism tend to be judgmental, inflammatory, and sensationalistic. — Susan D. Moeller (169) In short, we are directed in time, and our relation to the future is different than our relation to the past. All our questions are conditioned by this asymmetry, and all our answers to these questions are equally conditioned by it. Norbert Wiener (44) The Clash of Geopolitical Pundits America’s geo-strategic engagement with the world underwent a dramatic shift in the decade after the Cold War ended. United States military forces undertook a series of humanitarian interventions from northern Iraq (1991) and Somalia (1992) to NATO’s bombing campaign on Kosovo (1999). Wall Street financial speculators embraced market-oriented globalization and technology-based industries (Friedman 1999). Meanwhile the geo-strategic pundits debated several different scenarios at deeper layers of epistemology and macrohistory including the breakdown of nation-states (Kaplan), the ‘clash of civilizations’ along religiopolitical fault-lines (Huntington) and the fashionable ‘end of history’ thesis (f*ckuyama). Media theorists expressed this geo-strategic shift in reference to the ‘CNN Effect’: the power of real-time media ‘to provoke major responses from domestic audiences and political elites to both global and national events’ (Robinson 2). This media ecology is often contrasted with ‘Gateholder’ and ‘Manufacturing Consent’ models. The ‘CNN Effect’ privileges humanitarian and non-government organisations whereas the latter models focus upon the conformist mind-sets and shared worldviews of government and policy decision-makers. The September 11 attacks generated an uncertain interdependency between the terrorists, government officials, and favourable media coverage. It provided a test case, as had the humanitarian interventions (Robinson 37) before it, to test the claim by proponents that the ‘CNN Effect’ had policy leverage during critical stress points. The attacks also revived a long-running debate in media circles about the risk factors of global media. McLuhan (1964) and Ballard (1990) had prophesied that the global media would pose a real-time challenge to decision-making processes and that its visual imagery would have unforeseen psychological effects on viewers. Wark (1994) noted that journalists who covered real-time events including the Wall Street crash (1987) and collapse of the Berlin Wall (1989) were traumatised by their ‘virtual’ geographies. The ‘War on Terror’ as 21st Century Myth Three recent books explore how the 1990s humanitarian interventions and the September 11 attacks have remapped this ‘virtual’ territory with all too real consequences. Piers Robinson’s The CNN Effect (2002) critiques the theory and proposes the policy-media interaction model. Barbie Zelizer and Stuart Allan’s anthology Journalism After September 11 (2002) examines how September 11 affected the journalists who covered it and the implications for news values. Sandra Silberstein’s War of Words (2002) uncovers how strategic language framed the U.S. response to September 11. Robinson provides the contextual background; Silberstein contributes the specifics; and Zelizer and Allan surface broader perspectives. These books offer insights into the social construction of the nebulous War on Terror and why certain images and trajectories were chosen at the expense of other possibilities. Silberstein locates this world-historical moment in the three-week transition between September 11’s aftermath and the U.S. bombings of Afghanistan’s Taliban regime. Descriptions like the ‘War on Terror’ and ‘Axis of Evil’ framed the U.S. military response, provided a conceptual justification for the bombings, and also brought into being the geo-strategic context for other nations. The crucial element in this process was when U.S. President George W. Bush adopted a pedagogical style for his public speeches, underpinned by the illusions of communal symbols and shared meanings (Silberstein 6-8). Bush’s initial address to the nation on September 11 invoked the ambiguous pronoun ‘we’ to recreate ‘a unified nation, under God’ (Silberstein 4). The 1990s humanitarian interventions had frequently been debated in Daniel Hallin’s sphere of ‘legitimate controversy’; however the grammar used by Bush and his political advisers located the debate in the sphere of ‘consensus’. This brief period of enforced consensus was reinforced by the structural limitations of North American media outlets. September 11 combined ‘tragedy, public danger and a grave threat to national security’, Michael Schudson observed, and in the aftermath North American journalism shifted ‘toward a prose of solidarity rather than a prose of information’ (Zelizer & Allan 41). Debate about why America was hated did not go much beyond Bush’s explanation that ‘they hated our freedoms’ (Silberstein 14). Robert W. McChesney noted that alternatives to the ‘war’ paradigm were rarely mentioned in the mainstream media (Zelizer & Allan 93). A new myth for the 21st century had been unleashed. The Cycle of Integration Propaganda Journalistic prose masked the propaganda of social integration that atomised the individual within a larger collective (Ellul). The War on Terror was constructed by geopolitical pundits as a Manichean battle between ‘an “evil” them and a national us’ (Silberstein 47). But the national crisis made ‘us’ suddenly problematic. Resurgent patriotism focused on the American flag instead of Constitutional rights. Debates about military tribunals and the USA Patriot Act resurrected the dystopian fears of a surveillance society. New York City mayor Rudy Guiliani suddenly became a leadership icon and Time magazine awarded him Person of the Year (Silberstein 92). Guiliani suggested at the Concert for New York on 20 October 2001 that ‘New Yorkers and Americans have been united as never before’ (Silberstein 104). Even the series of Public Service Announcements created by the Ad Council and U.S. advertising agencies succeeded in blurring the lines between cultural tolerance, social inclusion, and social integration (Silberstein 108-16). In this climate the in-depth discussion of alternate options and informed dissent became thought-crimes. The American Council of Trustees and Alumni’s report Defending Civilization: How Our Universities are Failing America (2002), which singled out “blame America first” academics, ignited a firestorm of debate about educational curriculums, interpreting history, and the limits of academic freedom. Silberstein’s perceptive analysis surfaces how ACTA assumed moral authority and collective misunderstandings as justification for its interrogation of internal enemies. The errors she notes included presumed conclusions, hasty generalisations, bifurcated worldviews, and false analogies (Silberstein 133, 135, 139, 141). Op-ed columnists soon exposed ACTA’s gambit as a pre-packaged witch-hunt. But newscasters then channel-skipped into military metaphors as the Afghanistan campaign began. The weeks after the attacks New York City sidewalk traders moved incense and tourist photos to make way for World Trade Center memorabilia and anti-Osama shirts. Chevy and Ford morphed September 11 catchphrases (notably Todd Beamer’s last words “Let’s Roll” on Flight 93) and imagery into car advertising campaigns (Silberstein 124-5). American self-identity was finally reasserted in the face of a domestic recession through this wave of vulgar commercialism. The ‘Simulated’ Fall of Elite Journalism For Columbia University professor James Carey the ‘failure of journalism on September 11’ signaled the ‘collapse of the elites of American journalism’ (Zelizer & Allan 77). Carey traces the rise-and-fall of adversarial and investigative journalism from the Pentagon Papers and Watergate through the intermediation of the press to the myopic self-interest of the 1988 and 1992 Presidential campaigns. Carey’s framing echoes the earlier criticisms of Carl Bernstein and Hunter S. Thompson. However this critique overlooks several complexities. Piers Robinson cites Alison Preston’s insight that diplomacy, geopolitics and elite reportage defines itself through the sense of distance from its subjects. Robinson distinguished between two reportage types: distance framing ‘creates emotional distance’ between the viewers and victims whilst support framing accepts the ‘official policy’ (28). The upsurge in patriotism, the vulgar commercialism, and the mini-cycle of memorabilia and publishing all combined to enhance the support framing of the U.S. federal government. Empathy generated for September 11’s victims was tied to support of military intervention. However this closeness rapidly became the distance framing of the Afghanistan campaign. News coverage recycled the familiar visuals of in-progress bombings and Taliban barbarians. The alternative press, peace movements, and social activists then retaliated against this coverage by reinstating the support framing that revealed structural violence and gave voice to silenced minorities and victims. What really unfolded after September 11 was not the demise of journalism’s elite but rather the renegotiation of reportage boundaries and shared meanings. Journalists scoured the Internet for eyewitness accounts and to interview survivors (Zelizer & Allan 129). The same medium was used by others to spread conspiracy theories and viral rumors that numerology predicted the date September 11 or that the “face of Satan” could be seen in photographs of the World Trade Center (Zelizer & Allan 133). Karim H. Karim notes that the Jihad frame of an “Islamic Peril” was socially constructed by media outlets but then challenged by individual journalists who had learnt ‘to question the essentialist bases of her own socialization and placing herself in the Other’s shoes’ (Zelizer & Allan 112). Other journalists forgot that Jihad and McWorld were not separate but two intertwined worldviews that fed upon each other. The September 11 attacks on the Pentagon and the World Trade Center also had deep symbolic resonances for American sociopolitical ideals that some journalists explored through analysis of myths and metaphors. The Rise of Strategic Geography However these renegotiated boundariesof new media, multiperspectival frames, and ‘layered’ depth approaches to issues analysiswere essentially minority reports. The rationalist mode of journalism was soon reasserted through normative appeals to strategic geography. The U.S. networks framed their documentaries on Islam and the Middle East in bluntly realpolitik terms. The documentary “Minefield: The United States and the Muslim World” (ABC, 11 October 2001) made explicit strategic assumptions of ‘the U.S. as “managing” the region’ and ‘a definite tinge of superiority’ (Silberstein 153). ABC and CNN stressed the similarities between the world’s major monotheistic religions and their scriptural doctrines. Both networks limited their coverage of critiques and dissent to internecine schisms within these traditions (Silberstein 158). CNN also created different coverage for its North American and international audiences. The BBC was more cautious in its September 11 coverage and more global in outlook. Three United Kingdom specials – Panorama (Clash of Cultures, BBC1, 21 October 2001), Question Time (Question Time Special, BBC1, 13 September 2001), and “War Without End” (War on Trial, Channel 4, 27 October 2001) – drew upon the British traditions of parliamentary assembly, expert panels, and legal trials as ways to explore the multiple dimensions of the ‘War on Terror’ (Zelizer & Allan 180). These latter debates weren’t value free: the programs sanctioned ‘a tightly controlled and hierarchical agora’ through different containment strategies (Zelizer & Allan 183). Program formats, selected experts and presenters, and editorial/on-screen graphics were factors that pre-empted the viewer’s experience and conclusions. The traditional emphasis of news values on the expert was renewed. These subtle forms of thought-control enabled policy-makers to inform the public whilst inoculating them against terrorist propaganda. However the ‘CNN Effect’ also had counter-offensive capabilities. Osama bin Laden’s videotaped sermons and the al-Jazeera network’s broadcasts undermined the psychological operations maxim that enemies must not gain access to the mindshare of domestic audiences. Ingrid Volkmer recounts how the Los Angeles based National Iranian Television Network used satellite broadcasts to criticize the Iranian leadership and spark public riots (Zelizer & Allan 242). These incidents hint at why the ‘War on Terror’ myth, now unleashed upon the world, may become far more destabilizing to the world system than previous conflicts. Risk Reportage and Mediated Trauma When media analysts were considering the ‘CNN Effect’ a group of social contract theorists including Anthony Giddens, Zygmunt Bauman, and Ulrich Beck were debating, simultaneously, the status of modernity and the ‘unbounded contours’ of globalization. Beck termed this new environment of escalating uncertainties and uninsurable dangers the ‘world risk society’ (Beck). Although they drew upon constructivist and realist traditions Beck and Giddens ‘did not place risk perception at the center of their analysis’ (Zelizer & Allan 203). Instead this was the role of journalist as ‘witness’ to Ballard-style ‘institutionalized disaster areas’. The terrorist attacks on September 11 materialized this risk and obliterated the journalistic norms of detachment and objectivity. The trauma ‘destabilizes a sense of self’ within individuals (Zelizer & Allan 205) and disrupts the image-generating capacity of collective societies. Barbie Zelizer found that the press selection of September 11 photos and witnesses re-enacted the ‘Holocaust aesthetic’ created when Allied Forces freed the Nazi internment camps in 1945 (Zelizer & Allan 55-7). The visceral nature of September 11 imagery inverted the trend, from the Gulf War to NATO’s Kosovo bombings, for news outlets to depict war in detached video-game imagery (Zelizer & Allan 253). Coverage of the September 11 attacks and the subsequent Bali bombings (on 12 October 2002) followed a four-part pattern news cycle of assassinations and terrorism (Moeller 164-7). Moeller found that coverage moved from the initial event to a hunt for the perpetrators, public mourning, and finally, a sense of closure ‘when the media reassert the supremacy of the established political and social order’ (167). In both events the shock of the initial devastation was rapidly followed by the arrest of al Qaeda and Jamaah Islamiyah members, the creation and copying of the New York Times ‘Portraits of Grief’ template, and the mediation of trauma by a re-established moral order. News pundits had clearly studied the literature on bereavement and grief cycles (Kubler-Ross). However the neo-noir work culture of some outlets also fueled bitter disputes about how post-traumatic stress affected journalists themselves (Zelizer & Allan 253). Reconfiguring the Future After September 11 the geopolitical pundits, a reactive cycle of integration propaganda, pecking order shifts within journalism elites, strategic language, and mediated trauma all combined to bring a specific future into being. This outcome reflected the ‘media-state relationship’ in which coverage ‘still reflected policy preferences of parts of the U.S. elite foreign-policy-making community’ (Robinson 129). Although Internet media and non-elite analysts embraced Hallin’s ‘sphere of deviance’ there is no clear evidence yet that they have altered the opinions of policy-makers. The geopolitical segue from September 11 into the U.S.-led campaign against Iraq also has disturbing implications for the ‘CNN Effect’. Robinson found that its mythic reputation was overstated and tied to issues of policy certainty that the theory’s proponents often failed to examine. Media coverage molded a ‘domestic constituency ... for policy-makers to take action in Somalia’ (Robinson 62). He found greater support in ‘anecdotal evidence’ that the United Nations Security Council’s ‘safe area’ for Iraqi Kurds was driven by Turkey’s geo-strategic fears of ‘unwanted Kurdish refugees’ (Robinson 71). Media coverage did impact upon policy-makers to create Bosnian ‘safe areas’, however, ‘the Kosovo, Rwanda, and Iraq case studies’ showed that the ‘CNN Effect’ was unlikely as a key factor ‘when policy certainty exists’ (Robinson 118). The clear implication from Robinson’s studies is that empathy framing, humanitarian values, and searing visual imagery won’t be enough to challenge policy-makers. What remains to be done? Fortunately there are some possibilities that straddle the pragmatic, realpolitik and emancipatory approaches. Today’s activists and analysts are also aware of the dangers of ‘unfreedom’ and un-reflective dissent (Fromm). Peter Gabriel’s organisation Witness, which documents human rights abuses, is one benchmark of how to use real-time media and the video camera in an effective way. The domains of anthropology, negotiation studies, neuro-linguistics, and social psychology offer valuable lessons on techniques of non-coercive influence. The emancipatory tradition of futures studies offers a rich tradition of self-awareness exercises, institution rebuilding, and social imaging, offsets the pragmatic lure of normative scenarios. The final lesson from these books is that activists and analysts must co-adapt as the ‘War on Terror’ mutates into new and terrifying forms. Works Cited Amis, Martin. “Fear and Loathing.” The Guardian (18 Sep. 2001). 1 March 2001 <http://www.guardian.co.uk/Archive/Article/0,4273,4259170,00.php>. Ballard, J.G. The Atrocity Exhibition (rev. ed.). Los Angeles: V/Search Publications, 1990. Beck, Ulrich. World Risk Society. Malden, MA: Polity Press, 1999. Ellul, Jacques. Propaganda: The Formation of Men’s Attitudes. New York: Vintage Books, 1973. Friedman, Thomas. The Lexus and the Olive Tree. New York: Farrar, Straus & Giroux, 1999. Fromm, Erich. Escape from Freedom. New York: Farrar & Rhinehart, 1941. f*ckuyama, Francis. The End of History and the Last Man. New York: Free Press, 1992. Huntington, Samuel P. The Clash of Civilizations and the Remaking of World Order. New York: Simon & Schuster, 1996. Kaplan, Robert. The Coming Anarchy: Shattering the Dreams of the Post Cold War. New York: Random House, 2000. Kubler-Ross, Elizabeth. On Death and Dying. London: Tavistock, 1969. McLuhan, Marshall. Understanding Media: The Extensions of Man. London: Routledge & Kegan Paul, 1964. Moeller, Susan D. Compassion Fatigue: How the Media Sell Disease, Famine, War, and Death. New York: Routledge, 1999. Robinson, Piers. The CNN Effect: The Myth of News, Foreign Policy and Intervention. New York: Routledge, 2002. Silberstein, Sandra. War of Words: Language, Politics and 9/11. New York: Routledge, 2002. Wark, McKenzie. Virtual Geography: Living with Global Media Events. Bloomington IN: Indiana UP, 1994. Wiener, Norbert. Cybernetics: Or Control and Communication in the Animal and the Machine. New York: John Wiley & Sons, 1948. Zelizer, Barbie, and Stuart Allan (eds.). Journalism after September 11. New York: Routledge, 2002. Links http://www.guardian.co.uk/Archive/Article/0 Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Burns, Alex. "The Worldflash of a Coming Future" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0304/08-worldflash.php>. APA Style Burns, A. (2003, Apr 23). The Worldflash of a Coming Future. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0304/08-worldflash.php>

Abstract:

Proponents of the free culture movement argue that contemporary, “over-zealous” copyright laws have an adverse affect on the freedoms of consumers and creators to make use of copyrighted materials. Lessig, McLeod, Vaidhyanathan, Demers, and Coombe, to name but a few, detail instances where creativity and consumer use have been hindered by copyright laws. The “intellectual land-grab” (Boyle, “Politics” 94), instigated by the increasing value of intangibles in the information age, has forced copyright owners to seek maximal protection for copyrighted materials. A propertarian approach seeks to imbue copyrighted materials with the same inalienable rights as real property, yet copyright is not a property right, because “the copyright owner … holds no ordinary chattel” (Dowling v. United States 473 US 207, 216 [1985]). A fundamental difference resides in the exclusivity of use: “If you eat my apple, then I cannot” but “if you “take” my idea, I still have it. If I tell you an idea, you have not deprived me of it. An unavoidable feature of intellectual property is that its consumption is non-rivalrous” (Lessig, Code 131). It is, as James Boyle notes, “different” to real property (Shamans 174). Vaidhyanathan observes, “copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (11). This paper explores the ways in which “property talk” has infiltrated copyright discourse and endangered the utility of the law in fostering free and diverse forms of creative expression. The possessiveness and exclusion that accompany “property talk” are difficult to reconcile with the utilitarian foundations of copyright. Transformative uses of copyrighted materials such as mashing, sampling and appropriative art are incompatible with a propertarian approach, subjecting freedom of creativity to arbitary licensing fees that often extend beyond the budget of creators (Collins). “Property talk” risks making transformative works an elitist form of creativity, available only to those with the financial resources necessary to meet the demands for licences. There is a wealth of decisions throughout American and English case law that sustain Vaidhyanathan’s argument (see for example, Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953; Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994].). As Lemley states, however, “Congress, the courts and commentators increasingly treat intellectual property as simply a species of real property rather than as a unique form of legal protection designed to deal with public goods problems” (1-2). Although section 106 of the Copyright Act 1976 grants exclusive rights, sections 107 to 112 provide freedoms beyond the control of the copyright owner, undermining the exclusivity of s.106. Australian law similarly grants exceptions to the exclusive rights granted in section 31. Exclusivity was a principal objective of the eighteenth century Stationers’ argument for a literary property right. Sir William Blackstone, largely responsible for many Anglo-American concepts concerning the construction of property law, defined property in absolutist terms as “that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the whole universe” (2). On the topic of reprints he staunchly argued an author “has clearly a right to dispose of that identical work as he pleases, and any attempt to take it from him, or vary the disposition he has made of it, is an invasion of his right of property” (405-6). Blackstonian copyright advanced an exclusive and perpetual property right. Blackstone’s interpretation of Lockean property theory argued for a copyright that extended beyond the author’s expression and encompassed the very “style” and “sentiments” held therein. (Tonson v. Collins [1760] 96 ER 189.) According to Locke, every Man has a Property in his own Person . . . The Labour of his Body and the Work of his hands, we may say, are properly his. Whatsoever then he removes out of the State that Nature hath provided and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property. (287-8) Blackstone’s inventive interpretation of Locke “analogised ideas, thoughts, and opinions with tangible objects to which title may be taken by occupancy under English common law” (Travis 783). Locke’s labour theory, however, is not easily applied to intangibles because occupancy or use is non-rivalrous. The appropriate extent of an author’s proprietary right in a work led Locke himself to a philosophical impasse (Bowrey 324). Although Blackstonian copyright was suppressed by the House of Lords in the eighteenth century (Donaldson v. Becket [1774] 17 Cobbett Parliamentary History, col. 953) and by the Supreme Court sixty years later (Wheaton v. Peters 33 US 591 [1834]), it has never wholly vacated copyright discourse. “Property talk” is undesirable in copyright discourse because it implicates totalitarian notions such as exclusion and inalienable private rights of ownership with no room for freedom of creativity or to use copyrighted materials for non-piracy related purposes. The notion that intellectual property is a species of property akin with real property is circulated by media companies seeking greater control over copyrighted materials, but the extent to which “property talk” has been adopted by the courts and scholars is troubling. Lemley (3-5) and Bell speculate whether the term “intellectual property” carries any responsibility for the propertisation of intangibles. A survey of federal court decisions between 1943 and 2003 reveals an exponential increase in the usage of the term. As noted by Samuelson (398) and Cohen (379), within the spheres of industry, culture, law, and politics the word “property” implies a broader scope of rights than those associated with a grant of limited monopoly. Music United claims “unauthorized reproduction and distribution of copyrighted music is JUST AS ILLEGAL AS SHOPLIFTING A CD”. James Brown argues sampling from his records is tantamount to theft: “Anything they take off my record is mine . . . Can I take a button off your shirt and put it on mine? Can I take a toenail off your foot – is that all right with you?” (Miller 1). Equating unauthorised copying with theft seeks to socially demonise activities occurring outside of the permission culture currently being fostered by inventive interpretations of the law. Increasing propagation of copyright as the personal property of the creator and/or copyright owner is instrumental in efforts to secure further legislative or judicial protection: Since 1909, courts and corporations have exploited public concern for rewarding established authors by steadily limiting the rights of readers, consumers, and emerging artists. All along, the author was deployed as a straw man in the debate. The unrewarded authorial genius was used as a rhetorical distraction that appealed to the American romantic individualism. (Vaidhyanathan 11) The “unrewarded authorial genius” was certainly tactically deployed in the eighteenth century in order to generate sympathy in pleas for further protection (Feather 71). Supporting the RIAA, artists including Britney Spears ask “Would you go into a CD store and steal a CD? It’s the same thing – people going into the computers and logging on and stealing our music”. The presence of a notable celebrity claiming file-sharing is equivalent to stealing their personal property is a more publicly acceptable spin on the major labels’ attempts to maintain a monopoly over music distribution. In 1997, Congress enacted the No Electronic Theft Act which extended copyright protection into the digital realm and introduced stricter penalties for electronic reproduction. The use of “theft” in the title clearly aligns the statute with a propertarian portrayal of intangibles. Most movie fans will have witnessed anti-piracy propaganda in the cinema and on DVDs. Analogies between stealing a bag and downloading movies blur fundamental distinctions in the rivalrous/non-rivalrous nature of tangibles and intangibles (Lessig Code, 131). Of critical significance is the infiltration of “property talk” into the courtrooms. In 1990 Judge Frank Easterbrook wrote: Patents give a right to exclude, just as the law of trespass does with real property … Old rhetoric about intellectual property equating to monopoly seemed to have vanished, replaced by a recognition that a right to exclude in intellectual property is no different in principle from the right to exclude in physical property … Except in the rarest case, we should treat intellectual and physical property identically in the law – which is where the broader currents are taking us. (109, 112, 118) Although Easterbrook refers to patents, his endorsem*nt of “property talk” is cause for concern given the similarity with which patents and copyrights have been historically treated (Ou 41). In Grand Upright v. Warner Bros. Judge Kevin Duffy commenced his judgment with the admonishment “Thou shalt not steal”. Similarly, in Jarvis v. A&M Records the court stated “there can be no more brazen stealing of music than digital sampling”. This move towards a propertarian approach is misguided. It runs contrary to the utilitarian principles underpinning copyright ideology and marginalises freedoms protected by the fair use doctrine, hence Justice Blackman’s warning that “interference with copyright does not easily equate with” interference with real property (Dowling v. United States 473 US 207, 216 [1985]). The framing of copyright in terms of real property privileges private monopoly over, and to the detriment of, the public interest in free and diverse creativity as well as freedoms of personal use. It is paramount that when dealing with copyright cases, the courts remain aware that their decisions involve not pure economic regulation, but regulation of expression, and what may count as rational where economic regulation is at issue is not necessarily rational where we focus on expression – in a Nation constitutionally dedicated to the free dissemination of speech, information, learning and culture. (Eldred v. Ashcroft 537 US 186 [2003] [J. Breyer dissenting]). Copyright is the prize in a contest of property vs. policy. As Justice Blackman observed, an infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud. (Dowling v. United States 473 US 207, 217-218 [1985]). Copyright policy places a great deal of control and cultural determinism in the hands of the creative industries. Without balance, oppressive monopolies form on the back of rights granted for the welfare of society in general. If a society wants to be independent and rich in diverse forms of cultural production and free expression, then the courts cannot continue to apply the law from within a propertarian paradigm. The question of whether culture should be determined by control or freedom in the interests of a free society is one that rapidly requires close attention – “it’s no longer a philosophical question but a practical one”. References Bayat, Asef. “Un-Civil Society: The Politics of the ‘Informal People.’” Third World Quarterly 18.1 (1997): 53-72. Bell, T. W. “Author’s Welfare: Copyright as a Statutory Mechanism for Redistributing Rights.” Brooklyn Law Review 69 (2003): 229. Blackstone, W. Commentaries on the Laws of England: Volume II. New York: Garland Publishing, 1978. (Reprint of 1783 edition.) Boyle, J. Shamans, Software, and Spleens: Law and the Construction of the Information Society. Cambridge: Harvard UP, 1996. Boyle, J. “A Politics of Intellectual Property: Environmentalism for the Net?” Duke Law Journal 47 (1997): 87. Bowrey, K. “Who’s Writing Copyright’s History?” European Intellectual Property Review 18.6 (1996): 322. Cohen, J. “Overcoming Property: Does Copyright Trump Privacy?” University of Illinois Journal of Law, Technology & Policy 375 (2002). Collins, S. “Good Copy, Bad Copy.” (2005) M/C Journal 8.3 (2006). http://journal.media-culture.org.au/0507/02-collins.php>. Coombe, R. The Cultural Life of Intellectual Properties. Durham: Duke University Press, 1998. Demers, J. Steal This Music. Athens, Georgia: U of Georgia P, 2006. Easterbrook, F. H. “Intellectual Property Is Still Property.” (1990) Harvard Journal of Law & Public Policy 13 (1990): 108. Feather, J. Publishing, Piracy and Politics: An Historical Study of Copyright in Britain. London: Mansell, 1994. Lemley, M. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031. Lessig, L. Code and Other Laws of Cyberspace. New York: Basic Books, 1999. Lessing, L. The Future of Ideas. New York: Random House, 2001. Lessig, L. Free Culture. New York: The Penguin Press, 2004. Locke, J. Two Treatises of Government. Ed. Peter Laslett. Cambridge, New York, Melbourne: Cambridge University Press, 1988. McLeod, K. “How Copyright Law Changed Hip Hop: An Interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free (2002). 14 June 2006 http://www.stayfreemagazine.org/archives/20/public_enemy.html>. McLeod, K. “Confessions of an Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, and My Long and Winding Path as a Copyright Activist-Academic.” Popular Music & Society 28 (2005): 79. McLeod, K. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday Books, 2005. Miller, M.W. “Creativity Furor: High-Tech Alteration of Sights and Sounds Divides the Art World.” Wall Street Journal (1987): 1. Ou, T. “From Wheaton v. Peters to Eldred v. Reno: An Originalist Interpretation of the Copyright Clause.” Berkman Center for Internet & Society (2000). 14 June 2006 http://cyber.law.harvard.edu/openlaw/eldredvashcroft/cyber/OuEldred.pdf>. Samuelson, P. “Information as Property: Do Ruckelshaus and Carpenter Signal a Changing Direction in Intellectual Property Law?” Catholic University Law Review 38 (1989): 365. Travis, H. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal 15 (2000): 777. Vaidhyanathan, S. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York UP, 2003. Citation reference for this article MLA Style Collins, Steve. "‘Property Talk’ and the Revival of Blackstonian Copyright." M/C Journal 9.4 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0609/5-collins.php>. APA Style Collins, S. (Sep. 2006) "‘Property Talk’ and the Revival of Blackstonian Copyright," M/C Journal, 9(4). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0609/5-collins.php>.

Abstract:

Introduction This article is a study in anxiety with regard to social online spaces (SOS) conceived of as dark. There are two possible ways to define ‘dark’ in this context. The first is that communication is dark because it either has limited distribution, is not open to all users (closed groups are a case example) or hidden. The second definition, linked as a result of the first, is the way that communication via these means is interpreted and understood. Dark social spaces disrupt the accepted top-down flow by the ‘gazing elite’ (data aggregators including social media), but anxious users might need to strain to notice what is out there, and this in turn destabilises one’s reception of the scene. In an environment where surveillance technologies are proliferating, this article examines contemporary, dark, interconnected, and interactive communications for the entangled affordances that might be brought to bear. A provocation is that resistance through counterveillance or “sousveillance” is one possibility. An alternative (or addition) is retreating to or building ‘dark’ spaces that are less surveilled and (perhaps counterintuitively) less fearful. This article considers critically the notion of dark social online spaces via four broad socio-technical concerns connected to the big social media services that have helped increase a tendency for fearful anxiety produced by surveillance and the perceived implications for personal privacy. It also shines light on the aspect of darkness where some users are spurred to actively seek alternative, dark social online spaces. Since the 1970s, public-key cryptosystems typically preserved security for websites, emails, and sensitive health, government, and military data, but this is now reduced (Williams). We have seen such systems exploited via cyberattacks and misappropriated data acquired by affiliations such as Facebook-Cambridge Analytica for targeted political advertising during the 2016 US elections. Via the notion of “parasitic strategies”, such events can be described as news/information hacks “whose attack vectors target a system’s weak points with the help of specific strategies” (von Nordheim and Kleinen-von Königslöw, 88). In accord with Wilson and Serisier’s arguments (178), emerging technologies facilitate rapid data sharing, collection, storage, and processing wherein subsequent “outcomes are unpredictable”. This would also include the effect of acquiescence. In regard to our digital devices, for some, being watched overtly—through cameras encased in toys, computers, and closed-circuit television (CCTV) to digital street ads that determine the resonance of human emotions in public places including bus stops, malls, and train stations—is becoming normalised (McStay, Emotional AI). It might appear that consumers immersed within this Internet of Things (IoT) are themselves comfortable interacting with devices that record sound and capture images for easy analysis and distribution across the communications networks. A counter-claim is that mainstream social media corporations have cultivated a sense of digital resignation “produced when people desire to control the information digital entities have about them but feel unable to do so” (Draper and Turow, 1824). Careful consumers’ trust in mainstream media is waning, with readers observing a strong presence of big media players in the industry and are carefully picking their publications and public intellectuals to follow (Mahmood, 6). A number now also avoid the mainstream internet in favour of alternate dark sites. This is done by users with “varying backgrounds, motivations and participation behaviours that may be idiosyncratic (as they are rooted in the respective person’s biography and circ*mstance)” (Quandt, 42). By way of connection with dark internet studies via Biddle et al. (1; see also Lasica), the “darknet” is a collection of networks and technologies used to share digital content … not a separate physical network but an application and protocol layer riding on existing networks. Examples of darknets are peer-to-peer file sharing, CD and DVD copying, and key or password sharing on email and newsgroups. As we note from the quote above, the “dark web” uses existing public and private networks that facilitate communication via the Internet. Gehl (1220; see also Gehl and McKelvey) has detailed that this includes “hidden sites that end in ‘.onion’ or ‘.i2p’ or other Top-Level Domain names only available through modified browsers or special software. Accessing I2P sites requires a special routing program ... . Accessing .onion sites requires Tor [The Onion Router]”. For some, this gives rise to social anxiety, read here as stemming from that which is not known, and an exaggerated sense of danger, which makes fight or flight seem the only options. This is often justified or exacerbated by the changing media and communication landscape and depicted in popular documentaries such as The Social Dilemma or The Great Hack, which affect public opinion on the unknown aspects of internet spaces and the uses of personal data. The question for this article remains whether the fear of the dark is justified. Consider that most often one will choose to make one’s intimate bedroom space dark in order to have a good night’s rest. We might pleasurably escape into a cinema’s darkness for the stories told therein, or walk along a beach at night enjoying unseen breezes. Most do not avoid these experiences, choosing to actively seek them out. Drawing this thread, then, is the case made here that agency can also be found in the dark by resisting socio-political structural harms. 1. Digital Futures and Anxiety of the Dark Fear of the darkI have a constant fear that something's always nearFear of the darkFear of the darkI have a phobia that someone's always there In the lyrics to the song “Fear of the Dark” (1992) by British heavy metal group Iron Maiden is a sense that that which is unknown and unseen causes fear and anxiety. Holding a fear of the dark is not unusual and varies in degree for adults as it does for children (Fellous and Arbib). Such anxiety connected to the dark does not always concern darkness itself. It can also be a concern for the possible or imagined dangers that are concealed by the darkness itself as a result of cognitive-emotional interactions (McDonald, 16). Extending this claim is this article’s non-binary assertion that while for some technology and what it can do is frequently misunderstood and shunned as a result, for others who embrace the possibilities and actively take it on it is learning by attentively partaking. Mistakes, solecism, and frustrations are part of the process. Such conceptual theorising falls along a continuum of thinking. Global interconnectivity of communications networks has certainly led to consequent concerns (Turkle Alone Together). Much focus for anxiety has been on the impact upon social and individual inner lives, levels of media concentration, and power over and commercialisation of the internet. Of specific note is that increasing commercial media influence—such as Facebook and its acquisition of WhatsApp, Oculus VR, Instagram, CRTL-labs (translating movements and neural impulses into digital signals), LiveRail (video advertising technology), Chainspace (Blockchain)—regularly changes the overall dynamics of the online environment (Turow and Kavanaugh). This provocation was born out recently when Facebook disrupted the delivery of news to Australian audiences via its service. Mainstream social online spaces (SOS) are platforms which provide more than the delivery of media alone and have been conceptualised predominantly in a binary light. On the one hand, they can be depicted as tools for the common good of society through notional widespread access and as places for civic participation and discussion, identity expression, education, and community formation (Turkle; Bruns; Cinque and Brown; Jenkins). This end of the continuum of thinking about SOS seems set hard against the view that SOS are operating as businesses with strategies that manipulate consumers to generate revenue through advertising, data, venture capital for advanced research and development, and company profit, on the other hand. In between the two polar ends of this continuum are the range of other possibilities, the shades of grey, that add contemporary nuance to understanding SOS in regard to what they facilitate, what the various implications might be, and for whom. By way of a brief summary, anxiety of the dark is steeped in the practices of privacy-invasive social media giants such as Facebook and its ancillary companies. Second are the advertising technology companies, surveillance contractors, and intelligence agencies that collect and monitor our actions and related data; as well as the increased ease of use and interoperability brought about by Web 2.0 that has seen a disconnection between technological infrastructure and social connection that acts to limit user permissions and online affordances. Third are concerns for the negative effects associated with depressed mental health and wellbeing caused by “psychologically damaging social networks”, through sleep loss, anxiety, poor body image, real world relationships, and the fear of missing out (FOMO; Royal Society for Public Health (UK) and the Young Health Movement). Here the harms are both individual and societal. Fourth is the intended acceleration toward post-quantum IoT (Fernández-Caramés), as quantum computing’s digital components are continually being miniaturised. This is coupled with advances in electrical battery capacity and interconnected telecommunications infrastructures. The result of such is that the ontogenetic capacity of the powerfully advanced network/s affords supralevel surveillance. What this means is that through devices and the services that they provide, individuals’ data is commodified (Neff and Nafus; Nissenbaum and Patterson). Personal data is enmeshed in ‘things’ requiring that the decisions that are both overt, subtle, and/or hidden (dark) are scrutinised for the various ways they shape social norms and create consequences for public discourse, cultural production, and the fabric of society (Gillespie). Data and personal information are retrievable from devices, sharable in SOS, and potentially exposed across networks. For these reasons, some have chosen to go dark by being “off the grid”, judiciously selecting their means of communications and their ‘friends’ carefully. 2. Is There Room for Privacy Any More When Everyone in SOS Is Watching? An interesting turn comes through counterarguments against overarching institutional surveillance that underscore the uses of technologies to watch the watchers. This involves a practice of counter-surveillance whereby technologies are tools of resistance to go ‘dark’ and are used by political activists in protest situations for both communication and avoiding surveillance. This is not new and has long existed in an increasingly dispersed media landscape (Cinque, Changing Media Landscapes). For example, counter-surveillance video footage has been accessed and made available via live-streaming channels, with commentary in SOS augmenting networking possibilities for niche interest groups or micropublics (Wilson and Serisier, 178). A further example is the Wordpress site Fitwatch, appealing for an end to what the site claims are issues associated with police surveillance (fitwatch.org.uk and endpolicesurveillance.wordpress.com). Users of these sites are called to post police officers’ identity numbers and photographs in an attempt to identify “cops” that might act to “misuse” UK Anti-terrorism legislation against activists during legitimate protests. Others that might be interested in doing their own “monitoring” are invited to reach out to identified personal email addresses or other private (dark) messaging software and application services such as Telegram (freeware and cross-platform). In their work on surveillance, Mann and Ferenbok (18) propose that there is an increase in “complex constructs between power and the practices of seeing, looking, and watching/sensing in a networked culture mediated by mobile/portable/wearable computing devices and technologies”. By way of critical definition, Mann and Ferenbok (25) clarify that “where the viewer is in a position of power over the subject, this is considered surveillance, but where the viewer is in a lower position of power, this is considered sousveillance”. It is the aspect of sousveillance that is empowering to those using dark SOS. One might consider that not all surveillance is “bad” nor institutionalised. It is neither overtly nor formally regulated—as yet. Like most technologies, many of the surveillant technologies are value-neutral until applied towards specific uses, according to Mann and Ferenbok (18). But this is part of the ‘grey area’ for understanding the impact of dark SOS in regard to which actors or what nations are developing tools for surveillance, where access and control lies, and with what effects into the future. 3. Big Brother Watches, So What Are the Alternatives: Whither the Gazing Elite in Dark SOS? By way of conceptual genealogy, consideration of contemporary perceptions of surveillance in a visually networked society (Cinque, Changing Media Landscapes) might be usefully explored through a revisitation of Jeremy Bentham’s panopticon, applied here as a metaphor for contemporary surveillance. Arguably, this is a foundational theoretical model for integrated methods of social control (Foucault, Surveiller et Punir, 192-211), realised in the “panopticon” (prison) in 1787 by Jeremy Bentham (Bentham and Božovič, 29-95) during a period of social reformation aimed at the improvement of the individual. Like the power for social control over the incarcerated in a panopticon, police power, in order that it be effectively exercised, “had to be given the instrument of permanent, exhaustive, omnipresent surveillance, capable of making all visible … like a faceless gaze that transformed the whole social body into a field of perception” (Foucault, Surveiller et Punir, 213–4). In grappling with the impact of SOS for the individual and the collective in post-digital times, we can trace out these early ruminations on the complex documentary organisation through state-controlled apparatuses (such as inspectors and paid observers including “secret agents”) via Foucault (Surveiller et Punir, 214; Subject and Power, 326-7) for comparison to commercial operators like Facebook. Today, artificial intelligence (AI), facial recognition technology (FRT), and closed-circuit television (CCTV) for video surveillance are used for social control of appropriate behaviours. Exemplified by governments and the private sector is the use of combined technologies to maintain social order, from ensuring citizens cross the street only on green lights, to putting rubbish in the correct recycling bin or be publicly shamed, to making cashless payments in stores. The actions see advantages for individual and collective safety, sustainability, and convenience, but also register forms of behaviour and attitudes with predictive capacities. This gives rise to suspicions about a permanent account of individuals’ behaviour over time. Returning to Foucault (Surveiller et Punir, 135), the impact of this finds a dissociation of power from the individual, whereby they become unwittingly impelled into pre-existing social structures, leading to a ‘normalisation’ and acceptance of such systems. If we are talking about the dark, anxiety is key for a Ministry of SOS. Following Foucault again (Subject and Power, 326-7), there is the potential for a crawling, creeping governance that was once distinct but is itself increasingly hidden and growing. A blanket call for some form of ongoing scrutiny of such proliferating powers might be warranted, but with it comes regulation that, while offering certain rights and protections, is not without consequences. For their part, a number of SOS platforms had little to no moderation for explicit content prior to December 2018, and in terms of power, notwithstanding important anxiety connected to arguments that children and the vulnerable need protections from those that would seek to take advantage, this was a crucial aspect of community building and self-expression that resulted in this freedom of expression. In unearthing the extent that individuals are empowered arising from the capacity to post sexual self-images, Tiidenberg ("Bringing Sexy Back") considered that through dark SOS (read here as unregulated) some users could work in opposition to the mainstream consumer culture that provides select and limited representations of bodies and their sexualities. This links directly to Mondin’s exploration of the abundance of queer and feminist p*rnography on dark SOS as a “counterpolitics of visibility” (288). This work resulted in a reasoned claim that the technological structure of dark SOS created a highly political and affective social space that users valued. What also needs to be underscored is that many users also believed that such a space could not be replicated on other mainstream SOS because of the differences in architecture and social norms. Cho (47) worked with this theory to claim that dark SOS are modern-day examples in a history of queer individuals having to rely on “underground economies of expression and relation”. Discussions such as these complicate what dark SOS might now become in the face of ‘adult’ content moderation and emerging tracking technologies to close sites or locate individuals that transgress social norms. Further, broader questions are raised about how content moderation fits in with the public space conceptualisations of SOS more generally. Increasingly, “there is an app for that” where being able to identify the poster of an image or an author of an unknown text is seen as crucial. While there is presently no standard approach, models for combining instance-based and profile-based features such as SVM for determining authorship attribution are in development, with the result that potentially far less content will remain hidden in the future (Bacciu et al.). 4. There’s Nothing New under the Sun (Ecclesiastes 1:9) For some, “[the] high hopes regarding the positive impact of the Internet and digital participation in civic society have faded” (Schwarzenegger, 99). My participant observation over some years in various SOS, however, finds that critical concern has always existed. Views move along the spectrum of thinking from deep scepticisms (Stoll, Silicon Snake Oil) to wondrous techo-utopian promises (Negroponte, Being Digital). Indeed, concerns about the (then) new technologies of wireless broadcasting can be compared with today’s anxiety over the possible effects of the internet and SOS. Inglis (7) recalls, here, too, were fears that humanity was tampering with some dangerous force; might wireless wave be causing thunderstorms, droughts, floods? Sterility or strokes? Such anxieties soon evaporated; but a sense of mystery might stay longer with evangelists for broadcasting than with a laity who soon took wireless for granted and settled down to enjoy the products of a process they need not understand. As the analogy above makes clear, just as audiences came to use ‘the wireless’ and later the internet regularly, it is reasonable to argue that dark SOS will also gain widespread understanding and find greater acceptance. Dark social spaces are simply the recent development of internet connectivity and communication more broadly. The dark SOS afford choice to be connected beyond mainstream offerings, which some users avoid for their perceived manipulation of content and user both. As part of the wider array of dark web services, the resilience of dark social spaces is reinforced by the proliferation of users as opposed to decentralised replication. Virtual Private Networks (VPNs) can be used for anonymity in parallel to TOR access, but they guarantee only anonymity to the client. A VPN cannot guarantee anonymity to the server or the internet service provider (ISP). While users may use pseudonyms rather than actual names as seen on Facebook and other SOS, users continue to take to the virtual spaces they inhabit their off-line, ‘real’ foibles, problems, and idiosyncrasies (Chenault). To varying degrees, however, people also take their best intentions to their interactions in the dark. The hyper-efficient tools now deployed can intensify this, which is the great advantage attracting some users. In balance, however, in regard to online information access and dissemination, critical examination of what is in the public’s interest, and whether content should be regulated or controlled versus allowing a free flow of information where users self-regulate their online behaviour, is fraught. O’Loughlin (604) was one of the first to claim that there will be voluntary loss through negative liberty or freedom from (freedom from unwanted information or influence) and an increase in positive liberty or freedom to (freedom to read or say anything); hence, freedom from surveillance and interference is a kind of negative liberty, consistent with both libertarianism and liberalism. Conclusion The early adopters of initial iterations of SOS were hopeful and liberal (utopian) in their beliefs about universality and ‘free’ spaces of open communication between like-minded others. This was a way of virtual networking using a visual motivation (led by images, text, and sounds) for consequent interaction with others (Cinque, Visual Networking). The structural transformation of the public sphere in a Habermasian sense—and now found in SOS and their darker, hidden or closed social spaces that might ensure a counterbalance to the power of those with influence—towards all having equal access to platforms for presenting their views, and doing so respectfully, is as ever problematised. Broadly, this is no more so, however, than for mainstream SOS or for communicating in the world. References Bacciu, Andrea, Massimo La Morgia, Alessandro Mei, Eugenio Nerio Nemmi, Valerio Neri, and Julinda Stefa. “Cross-Domain Authorship Attribution Combining Instance Based and Profile-Based Features.” CLEF (Working Notes). Lugano, Switzerland, 9-12 Sep. 2019. Bentham, Jeremy, and Miran Božovič. The Panopticon Writings. London: Verso Trade, 1995. 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Abstract:

IntroductionIn 1802 George Howe (1769-1821), the recently appointed Government Printer, published Australia’s first book. The following year he established Australia’s first newspaper; an enterprise that ran counter to all the environmental factors of the day, including: 1) issues of logistics and a lack of appropriate equipment and basic materials to produce a regularly issued newspaper; 2) issues resulting from the very close supervision of production and the routine censorship by the Governor; and 3) issues associated with the colony’s primary purposes as a military outpost and as a penal settlement, creating conflicts between very different readerships. The Sydney Gazette was, critically for Howe, the only newspaper in the infant city for over two decades. Alternative voices would not enter the field of printed media until the 1820s and 1830s. This article briefly explores the birth of an Australian industry and looks at how a very modest newspaper overcame a range of serious challenges to ignite imaginations and lay a foundation for media empires.Government Printer The first book published in Australia was the New South Wales General Standing Orders and General Orders (1802), authorised by Governor Philip Gidley King for the purposes of providing a convenient, single-volume compilation of all Government Orders, issued in New South Wales, between 1791 and 1802. (As the Australian character has been described as “egalitarian, anti-authoritarian and irreverent” [D. Jones 690], it is fascinating that the nation’s first published book was a set of rules.) Prescribing law, order and regulation for the colony the index reveals the desires of those charged with the colony’s care and development, to contain various types of activities. The rules for convicts were, predictably, many. There were also multiple orders surrounding administration, animal husbandry as well as food stuffs and other stores. Some of the most striking headings in the index relate to crime. For example, in addition to headings pertaining to courts there are also headings for a broad range of offences from: “BAD Characters” to “OFFENSIVE Weapons – Again[s]t concealing” (i-xii). The young colony, still in its teenage years, was, for the short-term, very much working on survival and for the long-term developing ambitious plans for expansion and trade. It was clear though, through this volume, that there was no forgetting the colony of New South Wales was first, and foremost, a penal settlement which also served as a military outpost. Clear, too, was the fact that not all of those who were shipped out to the new colony were prepared to abandon their criminal careers which “did not necessarily stop with transportation” (Foyster 10). Containment and recidivism were matters of constant concern for the colony’s authorities. Colonial priorities could be seen in the fact that, when “Governor Arthur Phillip brought the first convicts (548 males and 188 females) to Port Jackson on 26 January 1788, he also brought a small press for printing orders, rules, and regulations” (Goff 103). The device lay dormant on arrival, a result of more immediate concerns to feed and house all those who made up the First Fleet. It would be several years before the press was pushed into sporadic service by the convict George Hughes for printing miscellaneous items including broadsides and playbills as well as for Government Orders (“Hughes, George” online). It was another convict (another man named George), convicted at the Warwick Assizes on March 1799 (Ferguson vi) then imprisoned and ultimately transported for shoplifting (Robb 15), who would transform the small hand press into an industry. Once under the hand of George Howe, who had served as a printer with several London newspapers including The Times (Sydney Gazette, “Never” 2) – the printing press was put to much more regular use. In these very humble circ*mstances, Australia’s great media tradition was born. Howe, as the Government Printer, transformed the press from a device dedicated to ephemera as well as various administrative matters into a crucial piece of equipment that produced the new colony’s first newspaper. Logistical Challenges Governor King, in the year following the appearance of the Standing Orders, authorised the publishing of Australia’s first newspaper, The Sydney Gazette and New South Wales Advertiser. The publication history of The Sydney Gazette, in a reflection of some of the challenges faced by the printer, is erratic. First published on a Saturday from 5 March 1803, it quickly changed to a Sunday paper from 10 April 1803. Interestingly, Sunday “was not an approved day for the publication of newspapers, and although some English publishers had been doing so since about 1789, Sunday papers were generally frowned upon” (Robb 58). Yet, as argued by Howe a Sunday print run allowed for the inclusion of “the whole of the Ship News, and other Incidental Matter, for the preceeding week” (Sydney Gazette, “To the Public” 1).The Sydney Gazette and New South Wales Advertiser Vol. 1, No. 1, 5 March 1803 (Front Page)Call Number DL F8/50, Digital ID a345001, State Library of New South WalesPublished weekly until 1825, then bi-weekly until 1827 before coming out tri-weekly until 20 October 1842 (Holden 14) there were some notable pauses in production. These included one in 1807 (Issue 214, 19 April-Issue 215, 7 June) and one in 1808-1809 (Issue 227, 30 August-Issue 228, 15 May) due to a lack of paper, with the latter pause coinciding with the Rum Rebellion and the end of William Bligh’s term as Governor of New South Wales (see: Karskens 186-88; Mundle 323-37). There was, too, a brief attempt at publishing as a daily from 1 January 1827 which lasted only until 10 February of that year when the title began to appear tri-weekly (Kirkpatrick online; Holden 14). There would be other pauses, including one of two weeks, shortly before the final issue was produced on 20 October 1842. There were many problems that beset The Sydney Gazette with paper shortages being especially challenging. Howe regularly advertised for: “any quantity” of Spanish paper (e.g.: Sydney Gazette, “Wanted to Purchase” 4) and needing to be satisfied “with a variety of size and colour” (P.M. Jones 39). In addition, the procurement of ink was so difficult in the colony, that Howe often resorted to making his own out of “charcoal, gum and shark oil” (P.M. Jones 39).The work itself was physically demanding and papers printed during this period, by hand, required a great deal of effort with approximately “250 sheets per hour … [the maximum] produced by a printer and his assistant” (Robb 8). The printing press itself was inadequate and the subject of occasional repairs (Sydney Gazette, “We Have” 2). Type was also a difficulty. As Gwenda Robb explains, traditionally six sets of an alphabet were supplied to a printer with extras for ‘a’, ‘e’, ‘r’ and ‘t’ as well as ‘s’. Without ample type Howe was required to improvise as can be seen in using a double ‘v’ to create a ‘w’ and an inverted ‘V’ to represent a capital ‘A’ (50, 106). These quirky work arounds, combined with the use of the long-form ‘s’ (‘∫’) for almost a full decade, can make The Sydney Gazette a difficult publication for modern readers to consume. Howe also “carried the financial burden” of the paper, dependent, as were London papers of the late eighteenth century, on advertising (Robb 68, 8). Howe also relied upon subscriptions for survival, with the collection of payments often difficult as seen in some subscribers being two years, or more, in arrears (e.g.: Sydney Gazette, “Sydney Gazette” 1; Ferguson viii; P.M. Jones 38). Governor Lachlan Macquarie granted Howe an annual salary, in 1811, of £60 (Byrnes 557-559) offering some relief, and stability, for the beleaguered printer.Gubernatorial Supervision Governor King wrote to Lord Hobart (then Secretary of State for War and the Colonies), on 9 May 1803: it being desirable that the settlers and inhabitants at large should be benefitted by useful information being dispersed among them, I considered that a weekly publication would greatly facilitate that design, for which purpose I gave permission to an ingenious man, who manages the Government printing press, to collect materials weekly, which, being inspected by an officer, is published in the form of a weekly newspaper, copies of which, as far as they have been published, I have the honor to enclose. (85)In the same letter, King wrote: “to the list of wants I have added a new fount of letters which may be procured for eight or ten pounds, sufficient for our purpose, if approved of” (85). King’s motivations were not purely altruistic. The population of the colony was growing in Sydney Cove and in the outlying districts, thus: “there was an increasing administrative need for information to be disseminated in a more accessible form than the printed handbills of government orders” (Robb 49). There was, however, a need for the administration to maintain control and the words “Published By Authority”, appearing on the paper’s masthead, were a constant reminder to the printer that The Sydney Gazette was “under the censorship of the Secretary to the Governor, who examined all proofs” (Ferguson viii). The high level of supervision, worked in concert with the logistical difficulties described above, ensured the newspaper was a source of great strain and stress. All for the meagre reward of “6d per copy” (Ferguson viii). This does not diminish Howe’s achievement in establishing a newspaper, an accomplishment outlined, with some pride, in an address printed on the first page of the first issue:innumerable as the Obstacles were which threatened to oppose our Undertaking, yet we are happy to affirm that they were not insurmountable, however difficult the task before us.The utility of a PAPER in the COLONY, as it must open a source of solid information, will, we hope, be universally felt and acknowledged. (Sydney Gazette, “Address” 1)Howe carefully kept his word and he “wrote nothing like a signature editorial column, nor did he venture his personal opinions, conscious always of the powers of colonial officials” (Robb 72). An approach to reportage he passed to his eldest son and long-term assistant, Robert (1795-1829), who later claimed The Sydney Gazette “reconciled in one sheet the merits of the London Gazette in upholding the Government and the London Times in defending the people” (Walker 10). The censorship imposed on The Sydney Gazette, by the Governor, was lifted in 1824 (P.M. Jones 40), when the Australian was first published without permission: Governor Thomas Brisbane did not intervene in the new enterprise. The appearance of unauthorised competition allowed Robert Howe to lobby for the removal of all censorship restrictions on The Sydney Gazette, though he was careful to cite “greater dispatch and earlier publication, not greater freedom of expression, as the expected benefit” (Walker 6). The sudden freedom was celebrated, and still appreciated many years after it was given:the Freedom of the Press has now been in existence amongst us on the verge of four years. In October 1824, we addressed a letter to the Colonial Government, fervently entreating that those shackles, under which the Press had long laboured, might be removed. Our prayer was attended to, and the Sydney Gazette, feeling itself suddenly introduced to a new state of existence, demonstrated to the Colonists the capabilities that ever must flow from the spontaneous exertions of Constitutional Liberty. (Sydney Gazette, “Freedom” 2)Early Readerships From the outset, George Howe presented a professional publication. The Sydney Gazette was formatted into three columns with the front page displaying a formal masthead featuring a scene of Sydney and the motto “Thus We Hope to Prosper”. Gwenda Robb argues the woodcut, the first produced in the colony, was carved by John W. Lewin who “had plenty of engraving skills” and had “returned to Sydney [from a voyage to Tahiti] in December 1802” (51) while Roger Butler has suggested that “circ*mstances point to John Austin who arrived in Sydney in 1800” as being the engraver (91). The printed text was as vital as the visual supports and every effort was made to present full accounts of colonial activities. “As well as shipping and court news, there were agricultural reports, religious homilies, literary extracts and even original poetry written by Howe himself” (Blair 450). These items, of course, sitting alongside key Government communications including General Orders and Proclamations.Howe’s language has been referred to as “florid” (Robb 52), “authoritative and yet filled with deference for all authority, pompous in a stiff, affected eighteenth century fashion” (Green 10) and so “some of Howe’s readers found the Sydney Gazette rather dull” (Blair 450). Regardless of any feelings towards authorial style, circulation – without an alternative – steadily increased with the first print run in 1802 being around 100 copies but by “the early 1820s, the newspaper’s production had grown to 300 or 400 copies” (Blair 450).In a reflection of the increasing sophistication of the Sydney-based reader, George Howe, and Robert Howe, would also publish some significant, stand-alone, texts. These included several firsts: the first natural history book printed in the colony, Birds of New South Wales with their Natural History (1813) by John W. Lewin (praised as a text “printed with an elegant and classical simplicity which makes it the highest typographical achievement of George Howe” [Wantrup 278]); the first collection of poetry published in the colony First Fruits of Australian Poetry (1819) by Barron Field; the first collection of poetry written by a Australian-born author, Wild Notes from the Lyre of a Native Minstrel (1826) by Charles Tompson; and the first children’s book A Mother’s Offering to Her Children: By a Lady, Long Resident in New South Wales (1841) by Charlotte Barton. The small concern also published mundane items such as almanacs and receipt books for the Bank of New South Wales (Robb 63, 72). All against the backdrop of printing a newspaper.New Voices The Sydney Gazette was Australia’s first newspaper and, critically for Howe, the only newspaper for over two decades. (A second paper appeared in 1810 but the Derwent Star and Van Diemen’s Land Intelligencer, which only managed twelve issues, presented no threat to The Sydney Gazette.) No genuine, local rival entered the field until 1824, when the Australian was founded by barristers William Charles Wentworth and Robert Wardell. The Monitor debuted in 1826, followed the Sydney Herald in 1831 and the Colonist in 1835 (P.M. Jones 38). It was the second title, the Australian, with a policy that asserted articles to be: “Independent, yet consistent – free, yet not licentious – equally unmoved by favours and by fear” (Walker 6), radically changed the newspaper landscape. The new paper made “a strong point of its independence from government control” triggering a period in which colonial newspapers “became enmeshed with local politics” (Blair 451). This new age of opinion reflected how fast the colony was evolving from an antipodean gaol into a complex society. Also, two papers, without censorship restrictions, without registration, stamp duties or advertisem*nt duties meant, as pointed out by R.B. Walker, that “in point of law the Press in the remote gaol of exile was now freer than in the country of origin” (6). An outcome George Howe could not have predicted as he made the long journey, as a convict, to New South Wales. Of the early competitors, the only one that survives is the Sydney Herald (The Sydney Morning Herald from 1842), which – founded by immigrants Alfred Stephens, Frederick Stokes and William McGarvie – claims the title of Australia’s oldest continuously published newspaper (Isaacs and Kirkpatrick 4-5). That such a small population, with so many pressing issues, factions and political machinations, could support a first newspaper, then competitors, is a testament to the high regard, with which newspaper reportage was held. Another intruder would be The Government Gazette. Containing only orders and notices in the style of the London Gazette (McLeay 1), lacking any news items or private advertisem*nts (Walker 19), it was first issued on 7 March 1832 (and continues, in an online format, today). Of course, Government orders and other notices had news value and newspaper proprietors could bid for exclusive rights to produce these notices until a new Government Printer was appointed in 1841 (Walker 20).Conclusion George Howe, an advocate of “reason and common sense” died in 1821 placing The Sydney Gazette in the hands of his son who “fostered religion” (Byrnes 557-559). Robert Howe, served as editor, experiencing firsthand the perils and stresses of publishing, until he drowned in a boating accident in Sydney Harbour, in 1829 leaving the paper to his widow Ann Howe (Blair 450-51). The newspaper would become increasingly political leading to controversy and financial instability; after more changes in ownership and in editorial responsibility, The Sydney Gazette, after almost four decades of delivering the news – as a sole voice and then as one of several alternative voices – ceased publication in 1842. During a life littered with personal tragedy, George Howe laid the foundation stone for Australia’s media empires. His efforts, in extraordinary circ*mstances and against all environmental indicators, serve as inspiration to newspapers editors, proprietors and readers across the country. He established the Australian press, an institution that has been described asa profession, an art, a craft, a business, a quasi-public, privately owned institution. It is full of grandeurs and faults, sublimities and pettinesses. It is courageous and timid. It is fallible. It is indispensable to the successful on-going of a free people. (Holden 15)George Howe also created an artefact of great beauty. The attributes of The Sydney Gazette are listed, in a perfunctory manner, in most discussions of the newspaper’s history. The size of the paper. The number of columns. The masthead. The changes seen across 4,503 issues. Yet, consistently overlooked, is how, as an object, the newspaper is an exquisite example of the printed word. There is a physicality to the paper that is in sharp contrast to contemporary examples of broadsides, tabloids and online publications. Concurrently fragile and robust: its translucent sheets and mottled print revealing, starkly, the problems with paper and ink; yet it survives, in several collections, over two centuries since the first issue was produced. The elegant layout, the glow of the paper, the subtle crackling sound as the pages are turned. The Sydney Gazette and New South Wales Advertiser is an astonishing example of innovation and perseverance. It provides essential insights into Australia’s colonial era. It is a metonym for making words matter. AcknowledgementsThe author offers her sincere thanks to Geoff Barker, Simon Dwyer and Peter Kirkpatrick for their comments on an early draft of this paper. The author is also grateful to Bridget Griffen-Foley for engaging in many conversations about Australian newspapers. ReferencesBlair, S.J. “Sydney Gazette and New South Wales Advertiser.” A Companion to the Australian Media. Ed. Bridget Griffen-Foley. North Melbourne: Australian Scholarly Publishing, 2014.Butler, Roger. Printed Images in Colonial Australia 1801-1901. Canberra: National Gallery of Australia, 2007.Byrnes, J.V. “Howe, George (1769–1821).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 557-559. Ferguson, J.A. “Introduction.” The Sydney Gazette and New South Wales Advertiser: A Facsimile Reproduction of Volume One, March 5, 1803 to February 26, 1804. Sydney: The Trustees of the Public Library of New South Wales in Association with Angus & Robertson, 1963. v-x. Foyster, Elizabeth. “Introduction: Newspaper Reporting of Crime and Justice.” Continuity and Change 22.1 (2007): 9-12.Goff, Victoria. “Convicts and Clerics: Their Roles in the Infancy of the Press in Sydney, 1803-1840.” Media History 4.2 (1998): 101-120.Green, H.M. “Australia’s First Newspaper.” Sydney Morning Herald, 11 Apr. 1935: 10.Holden, W. Sprague. Australia Goes to Press. Detroit: Wayne State UP, 1961. “Hughes, George (?–?).” Australian Dictionary of Biography, National Centre of Biography: 1788–1850, A–H. Canberra: Australian National University, 1966. 562. Isaacs, Victor, and Rod Kirkpatrick. Two Hundred Years of Sydney Newspapers. Richmond: Rural Press, 2003. Jones, Dorothy. “Humour and Satire (Australia).” Encyclopedia of Post-Colonial Literatures in English. 2nd ed. Eds. Eugene Benson and L.W. Conolly. London: Routledge, 2005. 690-692.Jones, Phyllis Mander. “Australia’s First Newspaper.” Meanjin 12.1 (1953): 35-46. Karskens, Grace. The Colony: A History of Early Sydney. Crows Nest: Allen & Unwin, 2010. King, Philip Gidley. “Letter to Lord Hobart, 9 May 1803.” Historical Records of Australia, Series 1, Governors’ Despatches to and from England, Volume IV, 1803-1804. Ed. Frederick Watson. Sydney: Library Committee of the Commonwealth Parliament, 1915.Kirkpatrick, Rod. Press Timeline: 1802 – 1850. Canberra: National Library of Australia, 2011. 6 Jan. 2017 <https://www.nla.gov.au/content/press-timeline-1802-1850>. McLeay, Alexander. “Government Notice.” The New South Wales Government Gazette 1 (1832): 1. Mundle, R. Bligh: Master Mariner. Sydney: Hachette, 2016.New South Wales General Standing Orders and General Orders: Selected from the General Orders Issued by Former Governors, from the 16th of February, 1791, to the 6th of September, 1800. Also, General Orders Issued by Governor King, from the 28th of September, 1800, to the 30th of September, 1802. Sydney: Government Press, 1802. Robb, Gwenda. George Howe: Australia’s First Publisher. Kew: Australian Scholarly Publishing, 2003.Spalding, D.A. Collecting Australian Books: Notes for Beginners. 1981. Mawson: D.A. Spalding, 1982. The Sydney Gazette and New South Wales Advertiser. “Address.” 5 Mar. 1803: 1.———. “To the Public.” 2 Apr. 1803: 1.———. “Wanted to Purchase.” 26 June 1803: 4.———. “We Have the Satisfaction to Inform Our Readers.” 3 Nov. 1810: 2. ———. “Sydney Gazette.” 25 Dec. 1819: 1. ———. “The Freedom of the Press.” 29 Feb. 1828: 2.———. “Never Did a More Painful Task Devolve upon a Public Writer.” 3 Feb. 1829: 2. Walker, R.B. The Newspaper Press in New South Wales, 1803-1920. Sydney: Sydney UP, 1976.Wantrup, Johnathan. Australian Rare Books: 1788-1900. Sydney: Hordern House, 1987.

Abstract:

Data are generated and employed for many ends, including governing societies, managing organisations, leveraging profit, and regulating places. In all these cases, data are key inputs into systems that paradoxically are implemented in the name of making societies more secure, safe, competitive, productive, efficient, transparent and accountable, yet do so through processes that monitor, discipline, repress, coerce, and exploit people. (Kitchin, 165) Introduction Provenance refers to the place of origin or earliest known history of a thing. It refers to the custodial history of objects. It is a term that is commonly used in the art-world but also has come into the language of other disciplines such as computer science. It has also been applied in reference to the transactional nature of objects in supply chains and circular economies. In an interview with Scotland’s Institute for Public Policy Research, Adam Greenfield suggests that provenance has a role to play in the “establishment of reliability” given that a “transaction or artifact has a specified provenance, then that assertion can be tested and verified to the satisfaction of all parities” (Lawrence). Recent debates on the unrecognised effects of digital media have convincingly argued that data is fully embroiled within capitalism, but it is necessary to remember that data is more than just a transactable commodity. One challenge in bringing processes of datafication into critical light is how we understand what happens to data from its point of acquisition to the point where it becomes instrumental in the production of outcomes that are of ethical concern. All data gather their meaning through relationality; whether acting as a representation of an exterior world or representing relations between other data points. Data objectifies relations, and despite any higher-order complexities, at its core, data is involved in factualising a relation into a binary. Assumptions like these about data shape reasoning, decision-making and evidence-based practice in private, personal and economic contexts. If processes of datafication are to be better understood, then we need to seek out conceptual frameworks that are adequate to the way that data is used and understood by its users. Deborah Lupton suggests that often we give data “other vital capacities because they are about human life itself, have implications for human life opportunities and livelihoods, [and] can have recursive effects on human lives (shaping action and concepts of embodiment ... selfhood [and subjectivity]) and generate economic value”. But when data are afforded such capacities, the analysis of its politics also calls for us to “consider context” and “making the labour [of datafication] visible” (D’Ignazio and Klein). For Jenny L. Davis, getting beyond simply thinking about what data affords involves bringing to light how continually and dynamically to requests, demands, encourages, discourages, and refuses certain operations and interpretations. It is in this re-orientation of the question from what to how where “practical analytical tool[s]” (Davis) can be found. Davis writes: requests and demands are bids placed by technological objects, on user-subjects. Encourage, discourage and refuse are the ways technologies respond to bids user-subjects place upon them. Allow pertains equally to bids from technological objects and the object’s response to user-subjects. (Davis) Building on Lupton, Davis, and D’Ignazio and Klein, we see three principles that we consider crucial for work on data, darkness and light: data is not simply a technological object that exists within sociotechnical systems without having undergone any priming or processing, so as a consequence the data collecting entity imposes standards and way of imagining data before it comes into contact with user-subjects; data is not neutral and does not possess qualities that make it equivalent to the things that it comes to represent; data is partial, situated, and contingent on technical processes, but the outcomes of its use afford it properties beyond those that are purely informational. This article builds from these principles and traces a framework for investigating the complications arising when data moves from one context to another. We draw from the “data provenance” as it is applied in the computing and informational sciences where it is used to query the location and accuracy of data in databases. In developing “data provenance”, we adapt provenance from an approach that solely focuses on technical infrastructures and material processes that move data from one place to another and turn to sociotechnical, institutional, and discursive forces that bring about data acquisition, sharing, interpretation, and re-use. As data passes through open, opaque, and darkened spaces within sociotechnical systems, we argue that provenance can shed light on gaps and overlaps in technical, legal, ethical, and ideological forms of data governance. Whether data becomes exclusive by moving from light to dark (as has happened with the removal of many pages and links from Facebook around the Australian news revenue-sharing bill), or is publicised by shifting from dark to light (such as the Australian government releasing investigative journalist Andie Fox’s welfare history to the press), or even recontextualised from one dark space to another (as with genetic data shifting from medical to legal contexts, or the theft of personal financial data), there is still a process of transmission here that we can assess and critique through provenance. These different modalities, which guide data acquisition, sharing, interpretation, and re-use, cascade and influence different elements and apparatuses within data-driven sociotechnical systems to different extents depending on context. Attempts to illuminate and make sense of these complex forces, we argue, exposes data-driven practices as inherently political in terms of whose interests they serve. Provenance in Darkness and in Light When processes of data capture, sharing, interpretation, and re-use are obscured, it impacts on the extent to which we might retrospectively examine cases where malpractice in responsible data custodianship and stewardship has occurred, because it makes it difficult to see how things have been rendered real and knowable, changed over time, had causality ascribed to them, and to what degree of confidence a decision has been made based on a given dataset. To borrow from this issue’s concerns, the paradigm of dark spaces covers a range of different kinds of valences on the idea of private, secret, or exclusive contexts. We can parallel it with the idea of ‘light’ spaces, which equally holds a range of different concepts about what is open, public, or accessible. For instance, in the use of social data garnered from online platforms, the practices of academic researchers and analysts working in the private sector often fall within a grey zone when it comes to consent and transparency. Here the binary notion of public and private is complicated by the passage of data from light to dark (and back to light). Writing in a different context, Michael Warner complicates the notion of publicness. He observes that the idea of something being public is in and of itself always sectioned off, divorced from being fully generalisable, and it is “just whatever people in a given context think it is” (11). Michael Hardt and Antonio Negri argue that publicness is already shadowed by an idea of state ownership, leaving us in a situation where public and private already both sit on the same side of the propertied/commons divide as if the “only alternative to the private is the public, that is, what is managed and regulated by states and other governmental authorities” (vii). The same can be said about the way data is conceived as a public good or common asset. These ideas of light and dark are useful categorisations for deliberately moving past the tensions that arise when trying to qualify different subspecies of privacy and openness. The problem with specific linguistic dyads of private vs. public, or open vs. closed, and so on, is that they are embedded within legal, moral, technical, economic, or rhetorical distinctions that already involve normative judgements on whether such categories are appropriate or valid. Data may be located in a dark space for legal reasons that fall under the legal domain of ‘private’ or it may be dark because it has been stolen. It may simply be inaccessible, encrypted away behind a lost password on a forgotten external drive. Equally, there are distinctions around lightness that can be glossed – the openness of Open Data (see: theodi.org) is of an entirely separate category to the AACS encryption key, which was illegally but enthusiastically shared across the internet in 2007 to the point where it is now accessible on Wikipedia. The language of light and dark spaces allows us to cut across these distinctions and discuss in deliberately loose terms the degree to which something is accessed, with any normative judgments reserved for the cases themselves. Data provenance, in this sense, can be used as a methodology to critique the way that data is recontextualised from light to dark, dark to light, and even within these distinctions. Data provenance critiques the way that data is presented as if it were “there for the taking”. This also suggests that when data is used for some or another secondary purpose – generally for value creation – some form of closure or darkening is to be expected. Data in the public domain is more than simply a specific informational thing: there is always context, and this contextual specificity, we argue, extends far beyond anything that can be captured in a metadata schema or a licensing model. Even the transfer of data from one open, public, or light context to another will evoke new degrees of openness and luminosity that should not be assumed to be straightforward. And with this a new set of relations between data-user-subjects and stewards emerges. The movement of data between public and private contexts by virtue of the growing amount of personal information that is generated through the traces left behind as people make use of increasingly digitised services going about their everyday lives means that data-motile processes are constantly occurring behind the scenes – in darkness – where it comes into the view, or possession, of third parties without obvious mechanisms of consent, disclosure, or justification. Given that there are “many hands” (D’Iganzio and Klein) involved in making data portable between light and dark spaces, equally there can be diversity in the approaches taken to generate critical literacies of these relations. There are two complexities that we argue are important for considering the ethics of data motility from light to dark, and this differs from the concerns that we might have when we think about other illuminating tactics such as open data publishing, freedom-of-information requests, or when data is anonymously leaked in the public interest. The first is that the terms of ethics must be communicable to individuals and groups whose data literacy may be low, effectively non-existent, or not oriented around the objective of upholding or generating data-luminosity as an element of a wider, more general form of responsible data stewardship. Historically, a productive approach to data literacy has been finding appropriate metaphors from adjacent fields that can help add depth – by way of analogy – to understanding data motility. Here we return to our earlier assertion that data is more than simply a transactable commodity. Consider the notion of “giving” and “taking” in the context of darkness and light. The analogy of giving and taking is deeply embedded into the notion of data acquisition and sharing by virtue of the etymology of the word data itself: in Latin, “things having been given”, whereby in French données, a natural gift, perhaps one that is given to those that attempt capture for the purposes of empiricism – representation in quantitative form is a quality that is given to phenomena being brought into the light. However, in the contemporary parlance of “analytics” data is “taken” in the form of recording, measuring, and tracking. Data is considered to be something valuable enough to give or take because of its capacity to stand in for real things. The empiricist’s preferred method is to take rather than to accept what is given (Kitchin, 2); the data-capitalist’s is to incentivise the act of giving or to take what is already given (or yet to be taken). Because data-motile processes are not simply passive forms of reading what is contained within a dataset, the materiality and subjectivity of data extraction and interpretation is something that should not be ignored. These processes represent the recontextualisation of data from one space to another and are expressed in the landmark case of Cambridge Analytica, where a private research company extracted data from Facebook and used it to engage in psychometric analysis of unknowing users. Data Capture Mechanism Characteristics and Approach to Data Stewardship Historical Information created, recorded, or gathered about people of things directly from the source or a delegate but accessed for secondary purposes. Observational Represents patterns and realities of everyday life, collected by subjects by their own choice and with some degree of discretion over the methods. Third parties access this data through reciprocal arrangement with the subject (e.g., in exchange for providing a digital service such as online shopping, banking, healthcare, or social networking). Purposeful Data gathered with a specific purpose in mind and collected with the objective to manipulate its analysis to achieve certain ends. Integrative Places less emphasis on specific data types but rather looks towards social and cultural factors that afford access to and facilitate the integration and linkage of disparate datasets Table 1: Mechanisms of Data Capture There are ethical challenges associated with data that has been sourced from pre-existing sets or that has been extracted from websites and online platforms through scraping data and then enriching it through cleaning, annotation, de-identification, aggregation, or linking to other data sources (tab. 1). As a way to address this challenge, our suggestion of “data provenance” can be defined as where a data point comes from, how it came into being, and how it became valuable for some or another purpose. In developing this idea, we borrow from both the computational and biological sciences (Buneman et al.) where provenance, as a form of qualitative inquiry into data-motile processes, centres around understanding the origin of a data point as part of a broader almost forensic analysis of quality and error-potential in datasets. Provenance is an evaluation of a priori computational inputs and outputs from the results of database queries and audits. Provenance can also be applied to other contexts where data passes through sociotechnical systems, such as behavioural analytics, targeted advertising, machine learning, and algorithmic decision-making. Conventionally, data provenance is based on understanding where data has come from and why it was collected. Both these questions are concerned with the evaluation of the nature of a data point within the wider context of a database that is itself situated within a larger sociotechnical system where the data is made available for use. In its conventional sense, provenance is a means of ensuring that a data point is maintained as a single source of truth (Buneman, 89), and by way of a reproducible mechanism which allows for its path through a set of technical processes, it affords the assessment of a how reliable a system’s output might be by sheer virtue of the ability for one to retrace the steps from point A to B. “Where” and “why” questions are illuminating because they offer an ends-and-means view of the relation between the origins and ultimate uses of a given data point or set. Provenance is interesting when studying data luminosity because means and ends have much to tell us about the origins and uses of data in ways that gesture towards a more accurate and structured research agenda for data ethics that takes the emphasis away from individual moral patients and reorients it towards practices that occur within information management environments. Provenance offers researchers seeking to study data-driven practices a similar heuristic to a journalist’s line of questioning who, what, when, where, why, and how? This last question of how is something that can be incorporated into conventional models of provenance that make it useful in data ethics. The question of how data comes into being extends questions of power, legality, literacy, permission-seeking, and harm in an entangled way and notes how these factors shape the nature of personal data as it moves between contexts. Forms of provenance accumulate from transaction to transaction, cascading along, as a dataset ‘picks up’ the types of provenance that have led to its creation. This may involve multiple forms of overlapping provenance – methodological and epistemological, legal and illegal – which modulate different elements and apparatuses. Provenance, we argue is an important methodological consideration for workers in the humanities and social sciences. Provenance provides a set of shared questions on which models of transparency, accountability, and trust may be established. It points us towards tactics that might help data-subjects understand privacy in a contextual manner (Nissenbaum) and even establish practices of obfuscation and “informational self-defence” against regimes of datafication (Brunton and Nissenbaum). Here provenance is not just a declaration of what means and ends of data capture, sharing, linkage, and analysis are. We sketch the outlines of a provenance model in table 2 below. Type Metaphorical frame Dark Light What? The epistemological structure of a database determines the accuracy of subsequent decisions. Data must be consistent. What data is asked of a person beyond what is strictly needed for service delivery. Data that is collected for a specific stated purpose with informed consent from the data-subject. How does the decision about what to collect disrupt existing polities and communities? What demands for conformity does the database make of its subjects? Where? The contents of a database is important for making informed decisions. Data must be represented. The parameters of inclusion/exclusion that create unjust risks or costs to people because of their inclusion or exclusion in a dataset. The parameters of inclusion or exclusion that afford individuals representation or acknowledgement by being included or excluded from a dataset. How are populations recruited into a dataset? What divides exist that systematically exclude individuals? Who? Who has access to data, and how privacy is framed is important for the security of data-subjects. Data access is political. Access to the data by parties not disclosed to the data-subject. Who has collected the data and who has or will access it? How is the data made available to those beyond the data subjects? How? Data is created with a purpose and is never neutral. Data is instrumental. How the data is used, to what ends, discursively, practically, instrumentally. Is it a private record, a source of value creation, the subject of extortion or blackmail? How the data was intended to be used at the time that it was collected. Why? Data is created by people who are shaped by ideological factors. Data has potential. The political rationality that shapes data governance with regard to technological innovation. The trade-offs that are made known to individuals when they contribute data into sociotechnical systems over which they have limited control. Table 2: Forms of Data Provenance Conclusion As an illuminating methodology, provenance offers a specific line of questioning practices that take information through darkness and light. The emphasis that it places on a narrative for data assets themselves (asking what when, who, how, and why) offers a mechanism for traceability and has potential for application across contexts and cases that allows us to see data malpractice as something that can be productively generalised and understood as a series of ideologically driven technical events with social and political consequences without being marred by perceptions of exceptionality of individual, localised cases of data harm or data violence. References Brunton, Finn, and Helen Nissenbaum. "Political and Ethical Perspectives on Data Obfuscation." Privacy, Due Process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology. Eds. Mireille Hildebrandt and Katja de Vries. New York: Routledge, 2013. 171-195. Buneman, Peter, Sanjeev Khanna, and Wang-Chiew Tan. "Data Provenance: Some Basic Issues." International Conference on Foundations of Software Technology and Theoretical Computer Science. Berlin: Springer, 2000. Davis, Jenny L. How Artifacts Afford: The Power and Politics of Everyday Things. Cambridge: MIT Press, 2020. D'Ignazio, Catherine, and Lauren F. Klein. Data Feminism. Cambridge: MIT Press, 2020. Hardt, Michael, and Antonio Negri. Commonwealth. Cambridge: Harvard UP, 2009. Kitchin, Rob. "Big Data, New Epistemologies and Paradigm Shifts." Big Data & Society 1.1 (2014). Lawrence, Matthew. “Emerging Technology: An Interview with Adam Greenfield. ‘God Forbid That Anyone Stopped to Ask What Harm This Might Do to Us’. Institute for Public Policy Research, 13 Oct. 2017. <https://www.ippr.org/juncture-item/emerging-technology-an-interview-with-adam-greenfield-god-forbid-that-anyone-stopped-to-ask-what-harm-this-might-do-us>. Lupton, Deborah. "Vital Materialism and the Thing-Power of Lively Digital Data." Social Theory, Health and Education. Eds. Deana Leahy, Katie Fitzpatrick, and Jan Wright. London: Routledge, 2018. Nissenbaum, Helen F. Privacy in Context: Technology, Policy, and the Integrity of Social Life. Stanford: Stanford Law Books, 2020. Warner, Michael. "Publics and Counterpublics." Public Culture 14.1 (2002): 49-90.

Abstract:

The Leichhardt Highway is a six hundred-kilometre stretch of sealed inland road that joins the Australian Queensland border town of Goondiwindi with the Capricorn Highway, just south of the Tropic of Capricorn. Named after the young Prussian naturalist Ludwig Leichhardt, part of this roadway follows the route his party took as they crossed northern Australia from Morton Bay (Brisbane) to Port Essington (near Darwin). Ignoring the usual colonial practice of honouring the powerful and aristocratic, Leichhardt named the noteworthy features along this route after his supporters and fellow expeditioners. Many of these names are still in use and a series of public monuments have also been erected in the intervening century and a half to commemorate this journey. Unlike Leichhardt, who survived his epic trip, some contemporary travellers who navigate the remote roadway named in his honour do not arrive at their final destinations. Memorials to these violently interrupted lives line the highway, many enigmatically located in places where there is no obvious explanation for the lethal violence that occurred there. This examination profiles the memorials along Leichhardt’s highway as Gothic practice, in order to illuminate some of the uncanny paradoxes around public memorials, as well as the loaded emotional terrain such commemorative practices may inhabit. All humans know that death awaits them (Morell). Yet, despite this, and the unprecedented torrent of images of death and dying saturating news, television, and social media (Duwe; Sumiala; Bisceglio), Gorer’s mid-century ideas about the denial of death and Becker’s 1973 Pulitzer prize-winning description of the purpose of human civilization as a defence against this knowledge remains current in the contemporary trope that individuals (at least in the West) deny their mortality. Contributing to this enigmatic situation is how many deny the realities of aging and bodily decay—the promise of the “life extension” industries (Hall)—and are shielded from death by hospitals, palliative care providers, and the multimillion dollar funeral industry (Kiernan). Drawing on Piatti-Farnell’s concept of popular culture artefacts as “haunted/haunting” texts, the below describes how memorials to the dead can powerfully reconnect those who experience them with death’s reality, by providing an “encrypted passageway through which the dead re-join the living in a responsive cycle of exchange and experience” (Piatti-Farnell). While certainly very different to the “sublime” iconic Gothic structure, the Gothic ruin that Summers argued could be seen as “a sacred relic, a memorial, a symbol of infinite sadness, of tenderest sensibility and regret” (407), these memorials do function in both this way as melancholy/regret-inducing relics as well as in Piatti-Farnell’s sense of bringing the dead into everyday consciousness. Such memorialising activity also evokes one of Spooner’s features of the Gothic, by acknowledging “the legacies of the past and its burdens on the present” (8).Ludwig Leichhardt and His HighwayWhen Leichhardt returned to Sydney in 1846 from his 18-month journey across northern Australia, he was greeted with surprise and then acclaim. Having mounted his expedition without any backing from influential figures in the colony, his party was presumed lost only weeks after its departure. Yet, once Leichhardt and almost all his expedition returned, he was hailed “Prince of Explorers” (Erdos). When awarding him a significant purse raised by public subscription, then Speaker of the Legislative Council voiced what he believed would be the explorer’s lasting memorial —the public memory of his achievement: “the undying glory of having your name enrolled amongst those of the great men whose genius and enterprise have impelled them to seek for fame in the prosecution of geographical science” (ctd. Leichhardt 539). Despite this acclaim, Leichhardt was a controversial figure in his day; his future prestige not enhanced by his Prussian/Germanic background or his disappearance two years later attempting to cross the continent. What troubled the colonial political class, however, was his transgressive act of naming features along his route after commoners rather than the colony’s aristocrats. Today, the Leichhardt Highway closely follows Leichhardt’s 1844-45 route for some 130 kilometres from Miles, north through Wandoan to Taroom. In the first weeks of his journey, Leichhardt named 16 features in this area: 6 of the more major of these after the men in his party—including the Aboriginal man ‘Charley’ and boy John Murphy—4 more after the tradesmen and other non-aristocratic sponsors of his venture, and the remainder either in memory of the journey’s quotidian events or natural features there found. What we now accept as traditional memorialising practice could in this case be termed as Gothic, in that it upset the rational, normal order of its day, and by honouring humble shopkeepers, blacksmiths and Indigenous individuals, revealed the “disturbance and ambivalence” (Botting 4) that underlay colonial class relations (Macintyre). On 1 December 1844, Leichhardt also memorialised his own past, referencing the Gothic in naming a watercourse The Creek of the Ruined Castles due to the “high sandstone rocks, fissured and broken like pillars and walls and the high gates of the ruined castles of Germany” (57). Leichhardt also disturbed and disfigured the nature he so admired, famously carving his initials deep into trees along his route—a number of which still exist, including the so-called Leichhardt Tree, a large coolibah in Taroom’s main street. Leichhardt also wrote his own memorial, keeping detailed records of his experiences—both good and more regretful—in the form of field books, notebooks and letters, with his major volume about this expedition published in London in 1847. Leichhardt’s journey has since been memorialised in various ways along the route. The Leichhardt Tree has been further defaced with numerous plaques nailed into its ancient bark, and the town’s federal government-funded Bicentennial project raised a formal memorial—a large sandstone slab laid with three bronze plaques—in the newly-named Ludwig Leichhardt Park. Leichhardt’s name also adorns many sites both along, and outside, the routes of his expeditions. While these fittingly include natural features such as the Leichhardt River in north-west Queensland (named in 1856 by Augustus Gregory who crossed it by searching for traces of the explorer’s ill-fated 1848 expedition), there are also many businesses across Queensland and the Northern Territory less appropriately carrying his name. More somber monuments to Leichhardt’s legacy also resulted from this journey. The first of these was the white settlement that followed his declaration that the countryside he moved through was well endowed with fertile soils. With squatters and settlers moving in and land taken up before Leichhardt had even arrived back in Sydney, the local Yeeman people were displaced, mistreated and completely eradicated within a decade (Elder). Mid-twentieth century, Patrick White’s literary reincarnation, Voss of the eponymous novel, and paintings by Sidney Nolan and Albert Tucker have enshrined in popular memory not only the difficult (and often described as Gothic) nature of the landscape through which Leichhardt travelled (Adams; Mollinson, and Bonham), but also the distinctive and contrary blend of intelligence, spiritual mysticism, recklessness, and stoicism Leichhardt brought to his task. Roadside Memorials Today, the Leichhardt Highway is also lined with a series of roadside shrines to those who have died much more recently. While, like centotaphs, tombstones, and cemeteries, these memorialise the dead, they differ in usually marking the exact location that death occurred. In 43 BC, Cicero articulated the idea of the dead living in memory, “The life of the dead consists in the recollection cherished of them by the living” (93), yet Nelson is one of very few contemporary writers to link roadside memorials to elements of Gothic sensibility. Such constructions can, however, be described as Gothic, in that they make the roadway unfamiliar by inscribing onto it the memory of corporeal trauma and, in the process, re-creating their locations as vivid sites of pain and suffering. These are also enigmatic sites. Traffic levels are generally low along the flat or gently undulating terrain and many of these memorials are located in locations where there is no obvious explanation for the violence that occurred there. They are loci of contradictions, in that they are both more private than other memorials, in being designed, and often made and erected, by family and friends of the deceased, and yet more public, visible to all who pass by (Campbell). Cemeteries are set apart from their surroundings; the roadside memorial is, in contrast, usually in open view along a thoroughfare. In further contrast to cemeteries, which contain many relatively standardised gravesites, individual roadside memorials encapsulate and express not only the vivid grief of family and friends but also—when they include vehicle wreckage or personal artefacts from the fatal incident—provide concrete evidence of the trauma that occurred. While the majority of individuals interned in cemeteries are long dead, roadside memorials mark relatively contemporary deaths, some so recent that there may still be tyre marks, debris and bloodstains marking the scene. In 2008, when I was regularly travelling this roadway, I documented, and researched, the six then extant memorial sites that marked the locations of ten fatalities from 1999 to 2006. (These were all still in place in mid-2014.) The fatal incidents are very diverse. While half involved trucks and/or road trains, at least three were single vehicle incidents, and the deceased ranged from 13 to 84 years of age. Excell argues that scholarship on roadside memorials should focus on “addressing the diversity of the material culture” (‘Contemporary Deathscapes’) and, in these terms, the Leichhardt Highway memorials vary from simple crosses to complex installations. All include crosses (mostly, but not exclusively, white), and almost all are inscribed with the name and birth/death dates of the deceased. Most include flowers or other plants (sometimes fresh but more often plastic), but sometimes also a range of relics from the crash and/or personal artefacts. These are, thus, unsettling sights, not least in the striking contrast they provide with the highway and surrounding road reserve. The specific location is a key component of their ability to re-sensitise viewers to the dangers of the route they are travelling. The first memorial travelling northwards, for instance, is situated at the very point at which the highway begins, some 18 kilometres from Goondiwindi. Two small white crosses decorated with plastic flowers are set poignantly close together. The inscriptions can also function as a means of mobilising connection with these dead strangers—a way of building Secomb’s “haunted community”, whereby community in the post-colonial age can only be built once past “murderous death” (131) is acknowledged. This memorial is inscribed with “Cec Hann 06 / A Good Bloke / A Good hoarseman [sic]” and “Pat Hann / A Good Woman” to tragically commemorate the deaths of an 84-year-old man and his 79-year-old wife from South Australia who died in the early afternoon of 5 June 2006 when their Ford Falcon, towing a caravan, pulled onto the highway and was hit by a prime mover pulling two trailers (Queensland Police, ‘Double Fatality’; Jones, and McColl). Further north along the highway are two memorials marking the most inexplicable of road deaths: the single vehicle fatality (Connolly, Cullen, and McTigue). Darren Ammenhauser, aged 29, is remembered with a single white cross with flowers and plaque attached to a post, inscribed hopefully, “Darren Ammenhauser 1971-2000 At Rest.” Further again, at Billa Billa Creek, a beautifully crafted metal cross attached to a fence is inscribed with the text, “Kenneth J. Forrester / RIP Jack / 21.10.25 – 27.4.05” marking the death of the 79-year-old driver whose vehicle veered off the highway to collide with a culvert on the creek. It was reported that the vehicle rolled over several times before coming to rest on its wheels and that Forrester was dead when the police arrived (Queensland Police, ‘Fatal Traffic Incident’). More complex memorials recollect both single and multiple deaths. One, set on both sides of the road, maps the physical trajectory of the fatal smash. This memorial comprises white crosses on both sides of road, attached to a tree on one side, and a number of ancillary sites including damaged tyres with crosses placed inside them on both sides of the road. Simple inscriptions relay the inability of such words to express real grief: “Gary (Gazza) Stevens / Sadly missed” and “Gary (Gazza) Stevens / Sadly missed / Forever in our hearts.” The oldest and most complex memorial on the route, commemorating the death of four individuals on 18 June 1999, is also situated on both sides of the road, marking the collision of two vehicles travelling in opposite directions. One memorial to a 62-year-old man comprises a cross with flowers, personal and automotive relics, and a plaque set inside a wooden fence and simply inscribed “John Henry Keenan / 23-11-1936–18-06-1999”. The second memorial contains three white crosses set side-by-side, together with flowers and relics, and reveals that members of three generations of the same family died at this location: “Raymond Campbell ‘Butch’ / 26-3-67–18-6-99” (32 years of age), “Lorraine Margaret Campbell ‘Lloydie’ / 29-11-46–18-6-99” (53 years), and “Raymond Jon Campbell RJ / 28-1-86–18-6-99” (13 years). The final memorial on this stretch of highway is dedicated to Jason John Zupp of Toowoomba who died two weeks before Christmas 2005. This consists of a white cross, decorated with flowers and inscribed: “Jason John Zupp / Loved & missed by all”—a phrase echoed in his newspaper obituary. The police media statement noted that, “at 11.24pm a prime mover carrying four empty trailers [stacked two high] has rolled on the Leichhardt Highway 17km north of Taroom” (Queensland Police, ‘Fatal Truck Accident’). The roadside memorial was placed alongside a ditch on a straight stretch of road where the body was found. The coroner’s report adds the following chilling information: “Mr Zupp was thrown out of the cabin and his body was found near the cabin. There is no evidence whatsoever that he had applied the brakes or in any way tried to prevent the crash … Jason was not wearing his seatbelt” (Cornack 5, 6). Cornack also remarked the truck was over length, the brakes had not been properly adjusted, and the trip that Zupp had undertaken could not been lawfully completed according to fatigue management regulations then in place (8). Although poignant and highly visible due to these memorials, these deaths form a small part of Australia’s road toll, and underscore our ambivalent relationship with the automobile, where road death is accepted as a necessary side-effect of the freedom of movement the technology offers (Ladd). These memorials thus animate highways as Gothic landscapes due to the “multifaceted” (Haider 56) nature of the fear, terror and horror their acknowledgement can bring. Since 1981, there have been, for instance, between some 1,600 and 3,300 road deaths each year in Australia and, while there is evidence of a long term downward trend, the number of deaths per annum has not changed markedly since 1991 (DITRDLG 1, 2), and has risen in some years since then. The U.S.A. marked its millionth road death in 1951 (Ladd) along the way to over 3,000,000 during the 20th century (Advocates). These deaths are far reaching, with U.K. research suggesting that each death there leaves an average of 6 people significantly affected, and that there are some 10 to 20 per cent of mourners who experience more complicated grief and longer term negative affects during this difficult time (‘Pathways Through Grief’). As the placing of roadside memorials has become a common occurrence the world over (Klaassens, Groote, and Vanclay; Grider; Cohen), these are now considered, in MacConville’s opinion, not only “an appropriate, but also an expected response to tragedy”. Hockey and Draper have explored the therapeutic value of the maintenance of “‘continuing bonds’ between the living and the dead” (3). This is, however, only one explanation for the reasons that individuals erect roadside memorials with research suggesting roadside memorials perform two main purposes in their linking of the past with the present—as not only sites of grieving and remembrance, but also of warning (Hartig, and Dunn; Everett; Excell, Roadside Memorials; MacConville). Clark adds that by “localis[ing] and personalis[ing] the road dead,” roadside memorials raise the profile of road trauma by connecting the emotionless statistics of road death directly to individual tragedy. They, thus, transform the highway into not only into a site of past horror, but one in which pain and terror could still happen, and happen at any moment. Despite their increasing commonality and their recognition as cultural artefacts, these memorials thus occupy “an uncomfortable place” both in terms of public policy and for some individuals (Lowe). While in some states of the U.S.A. and in Ireland the erection of such memorials is facilitated by local authorities as components of road safety campaigns, in the U.K. there appears to be “a growing official opposition to the erection of memorials” (MacConville). Criticism has focused on the dangers (of distraction and obstruction) these structures pose to passing traffic and pedestrians, while others protest their erection on aesthetic grounds and even claim memorials can lower property values (Everett). While many ascertain a sense of hope and purpose in the physical act of creating such shrines (see, for instance, Grider; Davies), they form an uncanny presence along the highway and can provide dangerous psychological territory for the viewer (Brien). Alongside the townships, tourist sites, motels, and petrol stations vying to attract customers, they stain the roadway with the unmistakable sign that a violent death has happened—bringing death, and the dead, to the fore as a component of these journeys, and destabilising prominent cultural narratives of technological progress and safety (Richter, Barach, Ben-Michael, and Berman).Conclusion This investigation has followed Goddu who proposes that a Gothic text “registers its culture’s contradictions” (3) and, in profiling these memorials as “intimately connected to the culture that produces them” (Goddu 3) has proposed memorials as Gothic artefacts that can both disturb and reveal. Roadside memorials are, indeed, so loaded with emotional content that their close contemplation can be traumatising (Brien), yet they are inescapable while navigating the roadway. Part of their power resides in their ability to re-animate those persons killed in these violent in the minds of those viewing these memorials. In this way, these individuals are reincarnated as ghostly presences along the highway, forming channels via which the traveller can not only make human contact with the dead, but also come to recognise and ponder their own sense of mortality. While roadside memorials are thus like civic war memorials in bringing untimely death to the forefront of public view, roadside memorials provide a much more raw expression of the chaotic, anarchic and traumatic moment that separates the world of the living from that of the dead. While traditional memorials—such as those dedicated by, and to, Leichhardt—moreover, pay homage to the vitality of the lives of those they commemorate, roadside memorials not only acknowledge the alarming circ*mstances of unexpected death but also stand testament to the power of the paradox of the incontrovertibility of sudden death versus our lack of ability to postpone it. In this way, further research into these and other examples of Gothic memorialising practice has much to offer various areas of cultural study in Australia.ReferencesAdams, Brian. Sidney Nolan: Such Is Life. Hawthorn, Vic.: Hutchinson, 1987. Advocates for Highway and Auto Safety. “Motor Vehicle Traffic Fatalities & Fatality Rate: 1899-2003.” 2004. Becker, Ernest. The Denial of Death. New York: Simon & Schuster, 1973. Bisceglio, Paul. “How Social Media Is Changing the Way We Approach Death.” The Atlantic 20 Aug. 2013. Botting, Fred. Gothic: The New Critical Idiom. 2nd edition. Abingdon, UK: Routledge, 2014. Brien, Donna Lee. “Looking at Death with Writers’ Eyes: Developing Protocols for Utilising Roadside Memorials in Creative Writing Classes.” Roadside Memorials. Ed. Jennifer Clark. Armidale, NSW: EMU Press, 2006. 208–216. Campbell, Elaine. “Public Sphere as Assemblage: The Cultural Politics of Roadside Memorialization.” The British Journal of Sociology 64.3 (2013): 526–547. Cicero, Marcus Tullius. The Orations of Marcus Tullius Cicero. 43 BC. Trans. C. D. Yonge. London: George Bell & Sons, 1903. Clark, Jennifer. “But Statistics Don’t Ride Skateboards, They Don’t Have Nicknames Like ‘Champ’: Personalising the Road Dead with Roadside Memorials.” 7th International Conference on the Social Context of Death, Dying and Disposal. Bath, UK: University of Bath, 2005. Cohen, Erik. “Roadside Memorials in Northeastern Thailand.” OMEGA: Journal of Death and Dying 66.4 (2012–13): 343–363. Connolly, John F., Anne Cullen, and Orfhlaith McTigue. “Single Road Traffic Deaths: Accident or Suicide?” Crisis: The Journal of Crisis Intervention and Suicide Prevention 16.2 (1995): 85–89. Cornack [Coroner]. Transcript of Proceedings. In The Matter of an Inquest into the Cause and Circ*mstances Surrounding the Death of Jason John Zupp. Towoomba, Qld.: Coroners Court. 12 Oct. 2007. Davies, Douglas. “Locating Hope: The Dynamics of Memorial Sites.” 6th International Conference on the Social Context of Death, Dying and Disposal. York, UK: University of York, 2002. Department of Infrastructure, Transport, Regional Development and Local Government [DITRDLG]. Road Deaths Australia: 2007 Statistical Summary. Canberra: Commonwealth of Australia, 2008. Duwe, Grant. “Body-count Journalism: The Presentation of Mass Murder in the News Media.” Homicide Studies 4 (2000): 364–399. Elder, Bruce. Blood on the Wattle: Massacres and Maltreatment of Aboriginal Australians since 1788. Sydney: New Holland, 1998. Erdos, Renee. “Leichhardt, Friedrich Wilhelm Ludwig (1813-1848).” Australian Dictionary of Biography Online Edition. Melbourne: Melbourne UP, 1967. Everett, Holly. Roadside Crosses in Contemporary Memorial Culture. Austin: Texas UP, 2002. Excell, Gerri. “Roadside Memorials in the UK.” Unpublished MA thesis. Reading: University of Reading, 2004. ———. “Contemporary Deathscapes: A Comparative Analysis of the Material Culture of Roadside Memorials in the US, Australia and the UK.” 7th International Conference on the Social Context of Death, Dying and Disposal. Bath, UK: University of Bath, 2005. Goddu, Teresa A. Gothic America: Narrative, History, and Nation. New York: Columbia UP, 2007. Gorer, Geoffrey. “The p*rnography of Death.” Encounter V.4 (1955): 49–52. Grider, Sylvia. “Spontaneous Shrines: A Modern Response to Tragedy and Disaster.” New Directions in Folklore (5 Oct. 2001). Haider, Amna. “War Trauma and Gothic Landscapes of Dispossession and Dislocation in Pat Barker’s Regeneration Trilogy.” Gothic Studies 14.2 (2012): 55–73. Hall, Stephen S. Merchants of Immortality: Chasing the Dream of Human Life Extension. Boston: Houghton, Mifflin, Harcourt, 2003. Hartig, Kate V., and Kevin M. Dunn. “Roadside Memorials: Interpreting New Deathscapes in Newcastle, New South Wales.” Australian Geographical Studies 36 (1998): 5–20. Hockey, Jenny, and Janet Draper. “Beyond the Womb and the Tomb: Identity, (Dis)embodiment and the Life Course.” Body & Society 11.2 (2005): 41–57. Online version: 1–25. Jones, Ian, and Kaye McColl. (2006) “Highway Tragedy.” Goondiwindi Argus 9 Jun. 2006. Kiernan, Stephen P. “The Transformation of Death in America.” Final Acts: Death, Dying, and the Choices We Make. Eds. Nan Bauer-Maglin, and Donna Perry. Rutgers University: Rutgers UP, 2010. 163–182. Klaassens, M., P.D. Groote, and F.M. Vanclay. “Expressions of Private Mourning in Public Space: The Evolving Structure of Spontaneous and Permanent Roadside Memorials in the Netherlands.” Death Studies 37.2 (2013): 145–171. Ladd, Brian. Autophobia: Love and Hate in the Automotive Age. Chicago: U of Chicago P, 2008. Leichhardt, Ludwig. Journal of an Overland Expedition of Australia from Moreton Bay to Port Essington, A Distance of Upwards of 3000 Miles during the Years 1844–1845. London, T & W Boone, 1847. Facsimile ed. Sydney: Macarthur Press, n.d. Lowe, Tim. “Roadside Memorials in South Eastern Australia.” 7th International Conference on the Social Context of Death, Dying and Disposal. Bath, UK: University of Bath, 2005. MacConville, Una. “Roadside Memorials.” Bath, UK: Centre for Death & Society, Department of Social and Policy Sciences, University of Bath, 2007. Macintyre, Stuart. “The Making of the Australian Working Class: An Historiographical Survey.” Historical Studies 18.71 (1978): 233–253. Mollinson, James, and Nicholas Bonham. Tucker. South Melbourne: Macmillan Company of Australia, and Australian National Gallery, 1982. Morell, Virginia. “Mournful Creatures.” Lapham’s Quarterly 6.4 (2013): 200–208. Nelson, Victoria. Gothicka: Vampire Heroes, Human Gods, and the New Supernatural. Harvard University: Harvard UP, 2012. “Pathways through Grief.” 1st National Conference on Bereavement in a Healthcare Setting. Dundee, 1–2 Sep. 2008. Piatti-Farnell, Lorna. “Words from the Culinary Crypt: Reading the Recipe as a Haunted/Haunting Text.” M/C Journal 16.3 (2013). Queensland Police. “Fatal Traffic Incident, Goondiwindi [Media Advisory].” 27 Apr. 2005. ———. “Fatal Truck Accident, Taroom.” Media release. 11 Dec. 2005. ———. “Double Fatality, Goondiwindi.” Media release. 5 Jun. 2006. Richter, E. D., P. Barach, E. Ben-Michael, and T. Berman. “Death and Injury from Motor Vehicle Crashes: A Public Health Failure, Not an Achievement.” Injury Prevention 7 (2001): 176–178. Secomb, Linnell. “Haunted Community.” The Politics of Community. Ed. Michael Strysick. Aurora, Co: Davies Group, 2002. 131–150. Spooner, Catherine. Contemporary Gothic. London: Reaktion, 2006.

Abstract:

For seven months in 1999/2000, six-year old Cuban Elián González was embroiled in a family feud plotted along rival national and ideological lines, and relayed televisually as soap opera across the planet. In Miami, apparitions of the Virgin Mary were reported after Elián’s arrival; adherents of Afro-Cuban santería similarly regarded Elián as divinely touched. In Cuba, Elián’s “kidnapping” briefly reinvigorated a torpid revolutionary project. He was hailed by Fidel Castro as the symbolic descendant of José Martí and Che Guevara, and of the patriotic rigour they embodied. Cubans massed to demand his return. In the U.S.A., Elián’s case was arbitrated at every level of the juridical system. The “Save Elián” campaign generated widespread debate about godless versus godly family values, the contours of the American Dream, and consumerist excess. By the end of 2000 Elián had generated the second largest volume of TV news coverage to that date in U.S. history, surpassed only by the O. J. Simpson case (Fasulo). After Fidel Castro, and perhaps the geriatric music ensemble manufactured by Ry Cooder, the Buena Vista Social Club, Elián became the most famous Cuban of our era. Elián also emerged as the unlikeliest of popular-cultural icons, the focus and subject of cyber-sites, books, films, talk-back radio programs, art exhibits, murals, statues, documentaries, a South Park episode, poetry, songs, t-shirts, posters, newspaper editorials in dozens of languages, demonstrations, speeches, political cartoons, letters, legal writs, U.S. Congress records, opinion polls, prayers, and, on both sides of the Florida Strait, museums consecrated in his memory. Confronted by Elián’s extraordinary renown and historical impact, John Carlos Rowe suggests that the Elián story confirms the need for a post-national and transdisciplinary American Studies, one whose practitioners “will have to be attentive to the strange intersections of politics, law, mass media, popular folklore, literary rhetoric, history, and economics that allow such events to be understood.” (204). I share Rowe’s reading of Elián’s story and the clear challenges it presents to analysis of “America,” to which I would add “Cuba” as well. But Elián’s story is also significant for the ways it challenges critical understandings of fame and its construction. No longer, to paraphrase Leo Braudy (566), definable as an accidental hostage of the mass-mediated eye, Elián’s fame has no certain relation to the child at its discursive centre. Elián’s story is not about an individuated, conscious, performing, desiring, and ambivalently rewarded ego. Elián was never what P. David Marshall calls “part of the public sphere, essentially an actor or, … a player” in it (19). The living/breathing Elián is absent from what I call the virtualizing drives that famously reproduced him. As a result of this virtualization, while one Elián now attends school in Cuba, many other Eliáns continue to populate myriad popular-cultural texts and to proliferate away from the states that tried to contain him. According to Jerry Everard, “States are above all cultural artefacts” that emerge, virtually, “as information produced by and through practices of signification,” as bits, bites, networks, and flows (7). All of us, he claims, reside in “virtual states,” in “legal fictions” based on the elusive and contested capacity to generate national identities in an imaginary bounded space (152). Cuba, the origin of Elián, is a virtual case in point. To augment Nicole Stenger’s definition of cyberspace, Cuba, like “Cyberspace, is like Oz — it is, we get there, but it has no location” (53). As a no-place, Cuba emerges in signifying terms as an illusion with the potential to produce and host Cubanness, as well as rival ideals of nation that can be accessed intact, at will, and ready for ideological deployment. Crude dichotomies of antagonism — Cuba/U.S.A., home/exile, democracy/communism, freedom/tyranny, North/South, godlessness/blessedness, consumption/want — characterize the hegemonic struggle over the Cuban nowhere. Split and splintered, hypersensitive and labyrinthine, guarded and hysterical, and always active elsewhere, the Cuban cultural artefact — an “atmospheric depression in history” (Stenger 56) — very much conforms to the logics that guide the appeal, and danger, of cyberspace. Cuba occupies an inexhaustible “ontological time … that can be reintegrated at any time” (Stenger 55), but it is always haunted by the prospect of ontological stalling and proliferation. The cyber-like struggle over reintegration, of course, evokes the Elián González affair, which began on 25 November 1999, when five-year old Elián set foot on U.S. soil, and ended on 28 June 2000, when Elián, age six, returned to Cuba with his father. Elián left one Cuba and found himself in another Cuba, in the U.S.A., each national claimant asserting virtuously that its other was a no-place and therefore illegitimate. For many exiles, Elián’s arrival in Miami confirmed that Castro’s Cuba is on the point of collapse and hence on the virtual verge of reintegration into the democratic fold as determined by the true upholders of the nation, the exile community. It was also argued that Elián’s biological father could never be the boy’s true father because he was a mere emasculated puppet of Castro himself. The Cuban state, then, had forfeited its claims to generate and host Cubanness. Succoured by this logic, the “Save Elián” campaign began, with organizations like the Cuban American National Foundation (CANF) bankrolling protests, leaflet and poster production, and official “Elián” websites, providing financial assistance to and arranging employment for some of Elián’s Miami relatives, lobbying the U.S. Congress and the Florida legislature, and contributing funds to the legal challenges on behalf of Elián at state and federal levels. (Founded in 1981, the CANF is the largest and most powerful Cuban exile organization, and one that regards itself as the virtual government-in-waiting. CANF emerged with the backing of the Reagan administration and the C.I.A. as a “private sector initiative” to support U.S. efforts against its long-time ideological adversary across the Florida Strait [Arboleya 224-5].) While the “Save Elián” campaign failed, the result of a Cuban American misreading of public opinion and overestimation of the community’s lobbying power with the Clinton administration, the struggle continues in cyberspace. CANF.net.org registers its central role in this intense period with silence; but many of the “Save Elián” websites constructed after November 1999 continue to function as sad memento moris of Elián’s shipwreck in U.S. virtual space. (The CANF website does provide links to articles and opinion pieces about Elián from the U.S. media, but its own editorializing on the Elián affair has disappeared. Two keys to this silence were the election of George W. Bush, and the events of 11 Sep. 2001, which have enabled a revision of the Elián saga as a mere temporary setback on the Cuban-exile historical horizon. Indeed, since 9/11, the CANF website has altered the terms of its campaign against Castro, posting photos of Castro with Arab leaders and implicating him in a world-wide web of terrorism. Elián’s return to Cuba may thus be viewed retrospectively as an act that galvanized Cuban-exile support for the Republican Party and their disdain for the Democratic rival, and this support became pivotal in the Republican electoral victory in Florida and in the U.S.A. as a whole.) For many months after Elián’s return to Cuba, the official Liberty for Elián site, established in April 2000, was urging visitors to make a donation, volunteer for the Save Elián taskforce, send email petitions, and “invite a friend to help Elián.” (Since I last accessed “Liberty for Elián” in March 2004 it has become a gambling site.) Another site, Elian’s Home Page, still implores visitors to pray for Elián. Some of the links no longer function, and imperatives to “Click here” lead to that dead zone called “URL not found on this server.” A similar stalling of the exile aspirations invested in Elián is evident on most remaining Elián websites, official and unofficial, the latter including The Sad Saga of Elian Gonzalez, which exhorts “Cuban Exiles! Now You Can Save Elián!” In these sites, a U.S. resident Elián lives on as an archival curiosity, a sign of pathos, and a reminder of what was, for a time, a Cuban-exile PR disaster. If such cybersites confirm the shipwrecked coordinates of Elián’s fame, the “Save Elián” campaign also provided a focus for unrestrained criticism of the Cuban exile community’s imbrication in U.S. foreign policy initiatives and its embrace of American Dream logics. Within weeks of Elián’s arrival in Florida, cyberspace was hosting myriad Eliáns on sites unbeholden to Cuban-U.S. antagonisms, thus consolidating Elián’s function as a disputed icon of virtualized celebrity and focus for parody. A sense of this carnivalesque proliferation can be gained from the many doctored versions of the now iconic photograph of Elián’s seizure by the INS. Still posted, the jpegs and flashes — Elián and Michael Jackson, Elián and Homer Simpson, Elián and Darth Vader, among others (these and other doctored versions are archived on Hypercenter.com) — confirm the extraordinary domestication of Elián in local pop-cultural terms that also resonate as parodies of U.S. consumerist and voyeuristic excess. Indeed, the parodic responses to Elián’s fame set the virtual tone in cyberspace where ostensibly serious sites can themselves be approached as send ups. One example is Lois Rodden’s Astrodatabank, which, since early 2000, has asked visitors to assist in interpreting Elián’s astrological chart in order to confirm whether or not he will remain in the U.S.A. To this end the site provides Elián’s astro-biography and birth chart — a Sagittarius with a Virgo moon, Elián’s planetary alignments form a bucket — and conveys such information as “To the people of Little Havana [Miami], Elian has achieved mystical status as a ‘miracle child.’” (An aside: Elián and I share the same birthday.) Elián’s virtual reputation for divinely sanctioned “blessedness” within a Cuban exile-meets-American Dream typology provided Tom Tomorrow with the target in his 31 January 2000, cartoon, This Modern World, on Salon.com. Here, six-year old Arkansas resident Allen Consalis loses his mother on the New York subway. His relatives decide to take care of him since “New York has much more to offer him than Arkansas! I mean get real!” A custody battle ensues in which Allan’s heavily Arkansas-accented father requires translation, and the case inspires heated debate: “can we really condemn him to a life in Arkansas?” The cartoon ends with the relatives tempting Allan with the delights offered by the Disney Store, a sign of Elián’s contested insertion into an American Dreamscape that not only promises an endless supply of consumer goods but provides a purportedly safe venue for the alternative Cuban nation. The illusory virtuality of that nation also animates a futuristic scenario, written in Spanish by Camilo Hernández, and circulated via email in May 2000. In this text, Elián sparks a corporate battle between Firestone and Goodyear to claim credit for his inner-tubed survival. Cuban Americans regard Elián as the Messiah come to lead them to the promised land. His ability to walk on water is scientifically tested: he sinks and has to be rescued again. In the ensuing custody battle, Cuban state-run demonstrations allow mothers of lesbians and of children who fail maths to have their say on Elián. Andrew Lloyd Weber wins awards for “Elián the Musical,” and for the film version, Madonna plays the role of the dolphin that saved Elián. Laws are enacted to punish people who mispronounce “Elián” but these do not help Elián’s family. All legal avenues exhausted, the entire exile community moves to Canada, and then to North Dakota where a full-scale replica of Cuba has been built. Visa problems spark another migration; the exiles are welcomed by Israel, thus inspiring a new Intifada that impels their return to the U.S.A. Things settle down by 2014, when Elián, his wife and daughter celebrate his 21st birthday as guests of the Kennedys. The text ends in 2062, when the great-great-grandson of Ry Cooder encounters an elderly Elián in Wyoming, thus providing Elián with his second fifteen minutes of fame. Hernández’s text confirms the impatience with which the Cuban-exile community was regarded by other U.S. Latino sectors, and exemplifies the loss of control over Elián experienced by both sides in the righteous Cuban “moral crusade” to save or repatriate Elián (Fernández xv). (Many Chicanos, for example, were angered at Cuban-exile arguments that Elián should remain in the U.S.A. when, in 1999 alone, 8,000 Mexican children were repatriated to Mexico (Ramos 126), statistical confirmation of the favored status that Cubans enjoy, and Mexicans do not, vis-à-vis U.S. immigration policy. Tom Tomorrow’s cartoon and Camilo Hernández’s email text are part of what I call the “What-if?” sub-genre of Elián representations. Another example is “If Elián Gonzalez was Jewish,” archived on Lori’s Mishmash Humor page, in which Eliat Ginsburg is rescued after floating on a giant matzoh in the Florida Strait, and his Florida relatives fight to prevent his return to Israel, where “he had no freedom, no rights, no tennis lessons”.) Nonetheless, that “moral crusade” has continued in the Cuban state. During the custody battle, Elián was virtualized into a hero of national sovereignty, an embodied fix for a revolutionary project in strain due to the U.S. embargo, the collapse of Soviet socialism, and the symbolic threat posed by the virtual Cuban nation-in-waiting in Florida. Indeed, for the Castro regime, the exile wing of the national family is virtual precisely because it conveniently overlooks two facts: the continued survival of the Cuban state itself; and the exile community’s forty-plus-year slide into permanent U.S. residency as one migrant sector among many. Such rhetoric has not faded since Elián’s return. On December 5, 2003, Castro visited Cárdenas for Elián’s tenth birthday celebration and a quick tour of the Museo a la batalla de ideas (Museum for the Battle of Ideas), the museum dedicated to Elián’s “victory” over U.S. imperialism and opened by Castro on July 14, 2001. At Elián’s school Castro gave a speech in which he recalled the struggle to save “that little boy, whose absence caused everyone, and the whole people of Cuba, so much sorrow and such determination to struggle.” The conflation of Cuban state rhetoric and an Elián mnemonic in Cárdenas is repeated in Havana’s “Plaza de Elián,” or more formally Tribuna Anti-imperialista José Martí, where a statue of José Martí, the nineteenth-century Cuban nationalist, holds Elián in his arms while pointing to Florida. Meanwhile, in Little Havana, Miami, a sun-faded set of photographs and hand-painted signs, which insist God will save Elián yet, hang along the front fence of the house — now also a museum and site of pilgrimage — where Elián once lived in a state of siege. While Elián’s centrality in a struggle between virtuality and virtue continues on both sides of the Florida Strait, the Cuban nowhere could not contain Elián. During his U.S. sojourn many commentators noted that his travails were relayed in serial fashion to an international audience that also claimed intimate knowledge of the boy. Coming after the O.J. Simpson saga and the Clinton-Lewinsky affair, the Elián story confirmed journalist Rick Kushman’s identification of a ceaseless, restless U.S. media attention shift from one story to the next, generating an “übercoverage” that engulfs the country “in mini-hysteria” (Calvert 107). But In Elián’s case, the voyeuristic media-machine attained unprecedented intensity because it met and worked with the virtualities of the Cuban nowhere, part of it in the U.S.A. Thus, a transnational surfeit of Elián-narrative options was guaranteed for participants, audiences and commentators alike, wherever they resided. In Cuba, Elián was hailed as the child-hero of the Revolution. In Miami he was a savior sent by God, the proof supplied by the dolphins that saved him from sharks, and the Virgins who appeared in Little Havana after his arrival (De La Torre 3-5). Along the U.S.A.-Mexico border in 2000, Elián’s name was given to hundreds of Mexican babies whose parents thought the gesture would guarantee their sons a U.S. future. Day by day, Elián’s story was propelled across the globe by melodramatic plot devices familiar to viewers of soap opera: doubtful paternities; familial crimes; identity secrets and their revelation; conflicts of good over evil; the reuniting of long-lost relatives; and the operations of chance and its attendant “hand of Destiny, arcane and vaguely supernatural, transcending probability of doubt” (Welsh 22). Those devices were also favored by the amateur author, whose narratives confirm that the delirious parameters of cyberspace are easily matched in the worldly text. In Michael John’s self-published “history,” Betrayal of Elian Gonzalez, Elián is cast as the victim of a conspiracy traceable back to the hydra-headed monster of Castro-Clinton and the world media: “Elian’s case was MANIPULATED to achieve THEIR OVER-ALL AGENDA. Only time will bear that out” (143). His book is now out of print, and the last time I looked (August 2004) one copy was being offered on Amazon.com for US$186.30 (original price, $9.95). Guyana-born, Canadian-resident Frank Senauth’s eccentric novel, A Cry for Help: The Fantastic Adventures of Elian Gonzalez, joins his other ventures into vanity publishing: To Save the Titanic from Disaster I and II; To Save Flight 608 From Disaster; A Wish to Die – A Will to Live; A Time to Live, A Time to Die; and A Day of Terror: The Sagas of 11th September, 2001. In A Cry for Help, Rachel, a white witch and student of writing, travels back in time in order to save Elián’s mother and her fellow travelers from drowning in the Florida Strait. As Senauth says, “I was only able to write this dramatic story because of my gift for seeing things as they really are and sharing my mystic imagination with you the public” (25). As such texts confirm, Elián González is an aberrant addition to the traditional U.S.-sponsored celebrity roll-call. He had no ontological capacity to take advantage of, intervene in, comment on, or be known outside, the parallel narrative universe into which he was cast and remade. He was cast adrift as a mere proper name that impelled numerous authors to supply the boy with the biography he purportedly lacked. Resident of an “atmospheric depression in history” (Stenger 56), Elián was battled over by virtualized national rivals, mass-mediated, and laid bare for endless signification. Even before his return to Cuba, one commentator noted that Elián had been consumed, denied corporeality, and condemned to “live out his life in hyper-space” (Buzachero). That space includes the infamous episode of South Park from May 2000, in which Kenny, simulating Elián, is killed off as per the show’s episodic protocols. Symptomatic of Elián’s narrative dispersal, the Kenny-Elián simulation keeps on living and dying whenever the episode is re-broadcast on TV sets across the world. Appropriated and relocated to strange and estranging narrative terrain, one Elián now lives out his multiple existences in the Cuban-U.S. “atmosphere in history,” and the Elián icon continues to proliferate virtually anywhere. References Arboleya, Jesús. The Cuban Counter-Revolution. Trans. Rafael Betancourt. Research in International Studies, Latin America Series no. 33. Athens, OH: Ohio Center for International Studies, 2000. Braudy, Leo. The Frenzy of Renown: Fame and Its History. New York and Oxford: Oxford UP, 1986. Buzachero, Chris. “Elian Gonzalez in Hyper-Space.” Ctheory.net 24 May 2000. 19 Aug. 2004: http://www.ctheory.net/text_file.asp?pick=222>. Calvert, Clay. Voyeur Nation: Media, Privacy, and Peering in Modern Culture. Boulder: Westview, 2000. 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Victoria, Canada: Trafford, 2000. Stenger, Nicole. “Mind Is a Leaking Rainbow.” Cyberspace: First Steps. Ed. Michael Benedikt. Cambridge, MA: MIT P, 1991. 49-58. Welsh, Alexander. George Eliot and Blackmail. Cambridge, MA: Harvard UP, 1985. Citation reference for this article MLA Style Allatson, Paul. "The Virtualization of Elián González." M/C Journal 7.5 (2004). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0411/16-allatson.php>. APA Style Allatson, P. (Nov. 2004) "The Virtualization of Elián González," M/C Journal, 7(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0411/16-allatson.php>.