Recently the Seventh Circuit started podcasting oral arguments. Now, Judge Richard Posner of that circuit has taken a step into Second Life. He is no stranger to technology as he blogs at The Becker-Posner Blog. James Au provides a transcript of Judge Posner’s December 7th Second Life question and answer session. The discussion covered serious topics, but Posner showed his sense of humor when he ordered the raccoon to appear. Just another example of how judges are real people (even when acting in an unreal world).
The talks hosted by TED are incredible. TED is an annual conference were speakers talk about the latest ideas in Technology, Entertainment, and Design (TED), and also Business, Sciences, and The Arts “… in fact any subject area offering something fresh and important.” The talks are available at TedTalks and you can subscribe to their podcast feed.
WITNESS uses the power of video to open the eyes of the world to human rights abuses. By partnering with local organizations around the globe, WITNESS empowers human rights defenders to use video to shine a light on those most affected by human rights violations, and to transform personal stories of abuse into powerful tools of justice.
His talk reaffirmed the power of video and photography to expose human rights violations. Recent news stories about a conference of Holocaust deniers show the important documentary power of an image. One of the reasons the existence of the Holocaust is not reasonably doubted is because there is video and photographic evidence.
Now that many cell phones have video and photography functions, the ability to easily and quickly document human rights violations is enhanced. Programs like GrameenPhone are bringing cell phones to the developing world. If Witness partners with programs like GrameenPhone, its net will be expanded, and human rights violations will be reduced. People with cell phones are now documentarians.
Cnet and This Week in Tech reported on the story where a teacher was recorded yelling at a student. The recording later ended up on YouTube. Two thirteen year-old girls worked together. One provoked the teacher while the other secretly recorded the teacher’s response. The Canadian school suspended the two girls and the teacher took a stress leave of absence.
It seems the suspensions were imposed because of the provocation and the coordinated nature of the event. I wonder if the school had a policy concerning the use of video and audio devises. If they don’t, I’m sure they are drafting one now.
The Cnet article quoted Abdu Mansouri, a spokesman for the region’s teachers’ union, saying: “The teacher will be the master of his class–a closed class and confidential.” I’m not sure a classroom should be completely closed and confidential, but this incident raises a question of whether technology was disrupting the educator’s ability to teach. It seems reasonable for teachers to restrict the use of video equipment in their classes when it is used to disrupt education. It is not hard to imagine a scenario where a particular student attempts to provoke a teacher on a regular basis in order to catch the reaction on tape. Students have attempted to gain attention from disruption for years. The difference is that before the ability to easily record the incident, the student’s audience was only their classmates at the given time, whereas if the event is recorded the student’s audience is unlimited and the incident can be played over and over. In short the incentive to disrupt class is greater because the attention generated is greater. But if there is a policy against recording, the possible punishment may offset the incentive.
A student should not be disciplined where the school did not have a video policy and, unlike here, the student doing the recording had no involvement in the incident. The more interesting issue is whether an uninvolved student doing the recording should be disciplined where the recording exposes truly reprehensible conduct, but the school had a policy prohibiting unauthorized video recording. Arguably, in that case, the student’s act of recording was good, although against school policy. Yet, maybe the accountability benefits are outweighed by the need for a consistently applied policy and an undisrupted educational environment.
Today, my search of Youtube for “Teacher Yelling” returned 83 results. I am sure that number will rise. Regardless of whether a school has a policy, the fact that secret recording is possible will likely change the way teachers and administrators act. What type of change and whether the change has a positive, negative, or mixed impact is open for debate. Even if a school has a policy that prohibits a student from unauthorized recording in school, there is no guarantee that a student is not violating the rule. Once the video is put on the Internet, there’s no getting it back simply because it was recorded in violation of school policy.
I have been thinking of starting a blog for a while. As I read more blogs it became obvious that blogging was an excellent idea. I particularly like Jay Rosen’s idea of a blog as “a little First Amendment machine.” Ideas are quickly dispersed and tested in the blogosphere. It provides an excellent forum for the Marketplace of Ideas.
I must thank Professor Diane Murley for introducing me to blogs in my Advanced Electronic Legal Research Course in 2004. I know some of my classmates thought blogs were a waste of their time, but I’m glad they were covered. Blogs have and continue to expose me to new ideas, subjectmatter, and products, which I would not otherwise discover. They influenced the direction of my legal career. They prove an important legal resource for my current work at the Eighteenth Judicial Circuit Court.
There is a vitality, a life force, a quickening that is translated through you into action, and because there is only one of you in all time, this expression is unique. And if you block it, it will never exist through any other medium and be lost. The world will not have it. It is not your business to determine how good it is, nor how valuable it is, nor how it compares with other expressions. It is your business to keep it yours clearly and directly, to keep the channel open. You do not even have to believe in yourself or your work. You have to keep yourself open and aware directly to the urges that motivate you…
You can find more about me and the purpose of this blog here.