No notes to speak of.  Just some follow-ups, book lists on public
relations and technology in higher education, and a batch of URL's.

Quote of the week:

  So-called shooting parties at which officers drank beer and were
  awarded plaques for wounding or killing people were quasi-official
  events sometimes held at the Los Angeles Police Academy and attended
  by supervisors, according to four officers who worked in the Rampart
  Division's anti-gang unit.  -- LA Times, 2/12/2000.

Speaks for itself.

In my anti-recommendation of Brill's Content, I said the following:

  There was a piece about Consumer Reports, for example, that
  consisted of nothing but verbatim complaints about Consumer
  Reports by the public relations departments of companies whose
  products Consumer Reports has flunked.

It occurred to me that my hyperbolic use of the word "verbatim" might
be misunderstood.  My point is not that the article was plagiarized
or that it violated any copyrights or was word-for-word identical
with anything from a public relations department.  My point was simply
that the article's examples and arguments reflected in great detail
complaints that I have seen elsewhere from PR people.  In that sense
it was not what most people would consider journalism.  Indeed, that
sort of article would be a good thing for Brill's Content to report on.

In the most recent RRE message about UCITA, the proposed new legal
rules for the sale of software currently before US state governments,
I repeated the claim of some UCITA opponents that UCITA raises the
possibility of software vendors preventing anyone from publishing
critical reviews of their products.  (I should point out that the
IEEE statement that I was forwarding made only a narrower claim.)
The issue, briefly and roughly, is that UCITA would make official some
software vendors' long-time project of redefining their relationship
with their customers from a "sale", which is subject to various
consumer protection and other laws, to a "license", which is much less
constrained.  This happens already, but much remains unresolved, such
as the legal status of those agreements that you click on, that UCITA
would resolve in the vendors' favor.  The amazing details are found in
the statements by ACM, IEEE, etc etc that I have sent out, and in the
web sites whose URLs can be found in the IEEE statement and elsewhere.
The point is that the vendors want to fill their standard licenses
with onerous terms such as the right to approve any review of their
products.  Such terms are already found in some software licenses;
UCITA seeks to make them enforceable.

In response to my message, a cyberlaw professor (and avid opponent
of UCITA) argued that UCITA could not possibly enable software vendors
to suppress critical reviews of their products.  Any license terms
requiring vendor approval to publish reviews, he vehemently argues,
would be unenforceable no matter what UCITA says.  Why is this so
obvious, I asked, given that many other contracts not to speak (say,
non-disclosure agreements) are quite enforceable?  After all, unless
review-approval terms are quite unambiguously unenforceable, UCITA
would achieve the vendors' purpose by sheer legal intimidation, given
that anybody who did publish a critical review without approval would
be doing so in very clear breach of a contract.  He allowed that there
would remain "the somewhat hypothetical possibility that someone who
published a critical review would have to defend against a frivolous
lawsuit", but only because the plaintiff's lawyers would probably
escape without sanction.  I then pressed him to explain where the
distinction between enforceable and unenforceable silence terms comes
from, and he wrote the following...

"Let me start by saying that since courts avoid constitutional issues
when they can, the court would most likely never get there - it will
decide the case on the easiest grounds, and find the contractual term
unconscionable, and therefore refuse to enforce it as a matter of
state law.  See, e.g., Williams v. Walker-Thomas Furniture Co., 350
F.2d 445, 449-50 (D.C. Cir. 1965) ('Unconscionability has generally
been recognized to include an absence of meaningful choice on the
part of one of the parties together with contract terms which are
unreasonably favorable to the other party.')

"There is also an applicable general contractual principle: Generally
speaking, contracts are not enforceable when they violate 'public
policy'.  Restatement (2nd) Contracts sec. 178.  (Stating contracts
unenforceable either 'if legislation provides that it is unenforceable
or the interest in its enforcement is clearly outweighed in the
circumstances by a public policy against the enforcement of such
terms'.)  As a matter of public policy, none of the considerations
which justify contracts of silence in the non-disclosure agreement
or the employee, or national security cases apply: the transaction
can exist just fine without the promise.  On the contrary, having
reviews of products serves the public interest.  Further, the fact
that this is a standard form agreement, rather than an individualized
one like an NDA or an employment in which the consideration exchanged
is more specifically aimed at the non-disclosure, will weigh against

"Finally, if all else fails (and it won't!) we get to the First
Amendment.  Judicial action to enforce a contract against a negative
review is almost certainly 'state action'.  Thus, just as libel
law works in the shadow of the first amendment, so too does UCITA.
(Admittedly, as far as I know, and this is not my field, the Supreme
Court has only ruled that tort law falls under the First Amendment,
and has not yet ruled that about contract law, but the parallel is
very strong.  See Alan E. Garfield, Promises of Silence: Contract
Law and Freedom of Speech, 83 Cornell L. Rev. 261, Cornell Law Review
(1998) at sec. IV.)  Whether one applies strict or intermediate
scrutiny here, it seems clear to me that the statute would not be
constitutional as applied since the public interest in having unbiased
reviews is far greater than any interest the manufacturer could
assert.  Thus under either balancing test, the First Amendment defense
should prevail.  But, as I said above, we never get there since it's
obviously unconscionable to begin with."

None of this, I should repeat, exonerates UCITA, which would legitimate
a wide range of abusive practices.  Again, see the materials that I've
already distributed for the details.

Here is a list of reasonably useful books about propaganda and public
relations, including both practitioners and critics.  I put this list
together when trying to help someone who was exploring a research
project about the uses of cyberspace ideology in lobbying campaigns.

  Edward L. Bernays, Public Relations, Norman: University of Oklahoma
  Press, 1952.

  Edward L. Bernays, ed, The Engineering of Consent, Norman, OK:
  University of Oklahoma Press, 1955.

  Jeffrey H. Birnbaum, The Lobbyists: How Influence Peddlers Get Their
  Way in Washington, New York: Times Books, 1992.

  Jeff and Marie Blyskal, PR: How the Public Relations Industry Writes
  the News, New York: William Morrow, 1985.

  Bill Cantor, ed, Experts in Action: Inside Public Relations, New
  York: Longman, 1984.

  Alex Carey, Taking the Risk Out of Democracy: Corporate Propaganda
  Versus Freedom and Liberty, edited by Andrew Lohrey, Urbana:
  University of Illinois Press, 1997.

  Cynthia Crosson, Tainted Truth: The Manipulation of Fact in America,
  New York: Simon and Schuster, 1994.

  Stuart Ewen, PR! A Social History of Spin, New York: Basic Books,

  Edwin J. Feulner, Jr., Waging and Winning the War of Ideas,
  Washington: Heritage Foundation, 1986.

  Oscar H. Gandy, Jr., Beyond Agenda Setting: Information Subsidies
  and Public Policy, Norwood, NJ: Ablex, 1982.

  James E. Grunig and Todd Hunt, Managing Public Relations, New York:
  Holt, Rinehart and Winston, 1984.

  Robert L. Heath, ed, Strategic Issues Management: How Organizations
  Influence and Respond to Public Interests and Policies, San
  Francisco: Jossey-Bass, 1988.

  Robert Jackall, Moral Mazes: The World of Corporate Managers, New
  York: Oxford University Press, 1988.

  Robert Jackall, ed, Propaganda, New York: New York University Press,

  Gareth S. Jowett and Victoria O'Donnell, Propaganda and Persuasion,
  third edition, Thousand Oaks: Sage, 1999.

  Robert Kendall, Public Relations Campaign Strategies: Planning for
  Implementation, Addison-Wesley, 1996.

  Philip Lesly, Overcoming Opposition: A Survival Manual for
  Executives, Englewood Cliffs, NJ: Prentice-Hall, 1984.

  Jacquie L'Etang and Magda Pieczka, Critical Perspectives in Public
  Relations, London: International Thomson Business Press, 1996.

  Bill Mallinson, Public Lies and Private Truths: An Anatomy of Public
  Relations, London: Cassell, 1996.

  Roland Marchand, Creating the Corporate Soul: The Rise of Public
  Relations and Corporate Imagery in American Big Business, Berkeley:
  University of California Press, 1998.

  Karen S. Miller, The Voice of Business: Hill and Knowlton and
  Postwar Public Relations, Chapel Hill: The University of North
  Carolina Press, 1999.

  Ian I. Mitroff and Warren Bennis, The Unreality Industry: The
  Deliberate Manufacturing of Falsehood and What It Is Doing to Our
  Lives, New York: Carol, 1989.

  Joyce Nelson, Sultans of Sleaze: Public Relations and the Media,
  Toronto: Between the Lines, 1989.

  Marvin N. Olasky, Corporate Public Relations: A New Historical
  Perspective, Hillsdale, NJ: Erlbaum, 1987.

  David Protess and Maxwell McCombs, eds, Agenda Setting: Readings
  on Media, Public Opinion, and Policymaking, Hillsdale, NJ: Erlbaum,

  Marc Raboy and Peter A. Bruck, eds, Communication For and Against
  Democracy, Montreal: Black Rose Books, 1989.

  Caryl Rivers, Slick Spins and Fractured Facts: How Cultural Myths
  Distort the News, New York: Columbia University Press, 1996.

  Charles T. Salmon, ed, Information Campaigns: Balancing Social
  Values and Social Change, Newbury Park, CA: Sage, 1989.

  Herbert I. Schiller, Information Inequality: The Deepening Social
  Crisis in America, New York: Routledge, 1996.

  Christopher Simpson, Science of Coercion: Communication Research and
  Psychological Warfare, 1945-1960, New York: Oxford University Press,

  James Allen Smith, The Idea Brokers: Think Tanks and the Rise of the
  New Policy Elite, New York: Free Press, 1991.

  Ted J. Smith III, ed, Propaganda: A Pluralistic Perspective, New
  York: Praeger, 1989.

  J. Michael Sproule, Propaganda and Democracy: The American
  Experience of Media and Mass Persuasion, Cambridge: Cambridge
  University Press, 1997.

  John Stauber and Sheldon Rampton, Toxic Sludge is Good for You,
  Monroe, ME: Common Courage Press, 1995.

  Lawrence Susskind and Patrick Field, Dealing With An Angry Public:
  The Mutual Gains Approach To Resolving Disputes, New York: Free
  Press, 1996.

  Esther Thorson and Jeri Moore, eds, Integrated Communication:
  Synergy of Persuasive Voices, Erlbaum, 1996.

  Noel M. Tichy, Andrew R. McGill, and Lynda St. Clair, eds, Corporate
  Global Citizenship: Doing Business in the Public Eye, San Francisco:
  Jossey-Bass, 1997.

  Elizabeth L. Toth and Robert L. Heath, eds, Rhetorical and Critical
  Approaches to Public Relations, Hillsdale, NJ: Erlbaum, 1992.

  Larry Tye, The Father of Spin: Edward L. Bernays and the Birth of
  Public Relations, New York: Crown, 1998.

My list of books about uses of the Internet in the political process
left out a few items:

  Elaine Ciulla Kamarck and Joseph S. Nye, eds, Democracy.Com:
  Governance in a Networked World, Hollis, 1999.

  Michael Margolis and David Resnick, Politics as Usual: The
  Cyberspace "Revolution", Sage, 2000.

  Dick Morris, How Big-Money Lobbyists and the Media are
  Losing Their Influence, and the Internet is Giving Power to the
  People, Renaissance Books, 2000.

I had known about Dick Morris' book, but I hadn't wanted to include it
because Morris is such a creep and because his book been reviewed so
badly.  I had known about the Kamarck and Nye book as well, but had
simply forgotten about it.

Here is a list of books relating to the uses of networked information
technology in higher education.  In drawing up this list, I have
deliberately cast a wide net by including some books that relate more
to libraries in general than to higher education in particular, or to
uses of technology in other kinds of education, or to the institutions
of higher education whether or not technology is a central topic.

  Kamala Anandam, ed, Integrating Technology on Campus: Human
  Sensibilities and Technical Possibilities, San Francisco:
  Jossey-Bass, 1998.

  Peter Baggen, Agnes Tellings, and Wouter van Haaften, eds, The
  University and the Knowledge Society, Bemmel, NL: Concorde, 1998.

  Frederick E. Balderston, Managing Today's University: Strategies for
  Viability, Change, and Excellence, second edition, San Francisco:
  Jossey-Bass Publishers, 1995.

  Diane P. Balestri, Stephen C. Ehrmann, and David L. Ferguson,
  eds, Learning to Design, Designing to Learn: Using Technology to
  Transform the Curriculum, Washington, DC: Taylor and Francis, 1992.

  Thomas Bender, Carl E. Schorske, and William J. Barber, American
  Academic Culture in Transformation: Four Disciplines, Fifty Years,
  Princeton: Princeton University Press, 1998.

  Tom Bentley, Learning Beyond the Classroom: Education for a Changing
  World, Routledge, 1999.

  R. Howard Bloch and Carla Hesse, eds, Future Libraries, Berkeley:
  University of California Press, 1995.

  Christine L. Borgman, From Gutenberg to the Global Information
  Infrastructure: Access to Information in the Networked World, MIT
  Press, 2000.

  Hank Bromley and Michael W. Apple, eds, Education/Technology/Power:
  Educational Computing as a Social Practice, Albany: State University
  of New York Press, 1998.

  Alfonso Borrero Cabal, The University as an Institution Today:
  Topics for Reflection, Paris: UNESCO, 1993.

  Leona Carpenter, Simon Shaw and Andrew Prescott, eds, Towards
  the Digital Library: The British Library's Initiatives for Access
  Programme, British Library, 1998.

  Walt Crawford and Michael Gorman, Future Libraries: Dreams, Madness
  and Reality, American Library Association, 1995.

  Sally Criddle, Lorcan Dempsey, and Richard Heseltine, eds,
  Information Landscapes for a Learning Society, London: Library
  Association, 1999.

  Larry Cuban, Teachers and Machines: The Classroom Use of Technology
  since 1920, New York: Teachers College Press, 1986.

  John S. Daniel, Mega-Universities and Knowledge Media: Technology
  Strategies for Higher Education, London: Kogan Page, 1996.

  Michael G. Dolence and Donald M. Norris, Transforming Higher
  Education: A Vision for Learning in the 21st Century, Ann Arbor:
  Society for College and University Planning, 1995.

  Lawrence Dowler, ed, Gateways to Knowledge: The Role of Academic
  Libraries in Teaching, Learning, and Research, MIT Press, 1997.

  James J. Duderstadt, A University for the Twenty-First Century,
  University of Michigan Press, 2000.

  Richard Ekman and Richard E. Quandt, eds, Technology and Scholarly
  Communication, University of California Press, 1999.

  Henry Etzkowitz and Loet Leydesdorff, eds, Universities and the
  Global Knowledge Economy: A Triple Helix of University-Industry-
  Government Relations, Pinter, 1997.

  Terry Evans and Daryl Nation, eds, Opening Education: Policies and
  Practices from Open and Distance Education, London: Routledge, 1996.

  Charles Fisher, David C. Dwyer, and Keith Yocam, eds, Education and
  Technology: Reflections on Computing in Classrooms, San Francisco:
  Jossey-Bass, 1996.

  Sinclair Goodlad, ed, Economies of Scale in Higher Education,
  Guildford, UK: Society for Research into Higher Education, 1983.

  Linda Harasim, Starr Roxanne Hiltz, Lucio Teles, and Murray Turoff,
  Learning Networks: A Field Guide to Teaching and Learning Online,
  Cambridge: MIT Press, 1995.

  Teresa M. Harrison and Timothy D. Stephen, eds, Computer Networking
  and Scholarly Communication in Twenty-First-Century University,
  Albany: State University of New York Press, 1996.

  Cynthia Haynes and Jan Rune Holmevik, eds, High Wired: On the
  Design, Use and Theory of Educational MOOs, University of Michigan
  Press, 1998.

  Reza Hazemi, Stephen Hailes, and Steve Wilber, eds, The Digital
  University: Reinventing the Academy, Berlin: Springer, 1998.

  Carol Hughes, ed, Scholarship in the New Information Environment:
  Proceedings From an RLG Symposium Held May 1-3, 1995 at Harvard
  University, Research Libraries Group, 1996.

  S.C. Humphreys, ed, Cultures of Scholarship, Ann Arbor: University
  of Michigan Press, 1997.

  Toru Ishida, ed, Community Computing: Collaboration over Global
  Information Networks, Wiley, 1998.

  Tessa Kaganoff, Collaboration, Technology, and Outsourcing
  Initiatives in Higher Education: A Literature Review, Santa Monica:
  RAND, 1998.

  Richard N. Katz, ed, Dancing With the Devil: Information Technology
  and the New Competition in Higher Education, Jossey-Bass, 1999.

  Clark Kerr, Higher Education Cannot Escape History: Issues for the
  Twenty-First Century, Albany: State University of New York Press,

  Timothy Koschmann, ed, CSCL [Computer Supported Collaborative
  Learning]: Theory and Practice of an Emerging Paradigm, Erlbaum,

  Frederick A. Lerner, The Story of Libraries: From the Invention of
  Writing to the Computer Age, Continuum, 1999.

  Thomas T. Liao, ed, Advanced Educational Technology: Research Issues
  and Future Potential, Berlin: Springer, 1996.

  J. C. R. Licklider, Libraries of the Future, Cambridge: MIT Press,

  Les Lloyd, ed, Campus-Wide Information Systems and Networks: Case
  Studies in Design and Implementation, Westport, CT: Meckler, 1992.

  Randy Martin, ed, Chalk Lines: The Politics of Work in the Managed
  University, Duke University Press, 1999.

  James Maynard, Some Microeconomics of Higher Education: Economies of
  Scale, Lincoln, University of Nebraska Press, 1971.

  Richard E. Miller, As If Learning Mattered: Reforming Higher
  Education, Ithaca: Cornell University Press, 1998.

  Michael G. Moore and Greg Kearsley, Distance Education: A Systems
  View, Belmont: Wadsworth, 1996.

  Dan Minoli, Distance Learning Technology and Applications, Boston:
  Artech House, 1996.

  Donald M. Norris and James L. Morrison, eds, Mobilizing for
  Transformation: How Campuses Are Preparing for the Knowledge Age,
  Jossey-Bass, 1997.

  Donald M. Norris, Revolutionary Strategy for the Knowledge Age, Ann
  Arbor: Society for College and University Planning, 1997.

  Diana G. Oblinger and Anne-Lee Verville, What Business Wants from
  Higher Education, Phoenix: Oryx Press, 1998.

  Ann Okerson and Dru Mogge, eds, Gateways, Gatekeepers, and Roles
  in the Information Omniverse: Proceedings of the Third Symposium,
  Washington, DC: Association of Research Libraries, 1994.

  Robin P. Peek and Gregory B. Newby, eds, Scholarly Publishing: The
  Electronic Frontier, MIT Press, 1996.

  Lewis J. Perelman, School's Out: Hyperlearning, the New Technology,
  and the End of Education, New York: Morrow, 1992.

  Bernice A. Pescosolido and Ronald Aminzade, eds, The Social Worlds
  of Higher Education: Handbook for Teaching in a New Century, Pine
  Forge Press, 1999.

  Richard C. Richardson, ed, Designing State Higher Education Systems
  for a New Century, Oryx, 1999.

  Parker Rossman, The Emerging Worldwide Electronic University:
  Information Age Global Higher Education, Westport, CT: Greenwood
  Press, 1992.

  Deborah A. Schreiber and Zane L. Berge, eds, Distance Training: How
  Innovative Organizations Are Using Technology to Maximize Learning
  and Meet Business Objectives, San Francisco: Jossey-Bass, 1998.

  Robert J. Seidel and Paul R. Chatelier, eds, Learning without
  Boundaries: Technology to Support Distance/Distributed Learning,
  New York: Plenum Press, 1994.

  Mark A. Shields, ed, Work and Technology in Higher Education: The
  Social Construction of Academic Computing, Erlbaum, 1994.

  Cynthia J. Shoemaker, Leadership in Continuing and Distance
  Education in Higher Education, Allyn and Bacon, 1998.

  Sheila Slaughter, The Higher Learning and High Technology: Dynamics
  of Higher Education Policy Formation, Albany: State University of
  New York Press, 1990.

  Anthony Smith, Books to Bytes: Knowledge and Information in the
  Postmodern Era, London: British Film Institute, 1993.

  John Tiffin and Lalita Rajasingham, In Search of the Virtual Class:
  Education in an Information Society, London: Routledge, 1995.

  A. D. Tillett and Barry Lesser, eds, Science and Technology in
  Central and Eastern Europe: The Reform of Higher Education, New
  York: Garland, 1996.

  Gerald C. Van Dusen, The Virtual Campus: Technology and Reform in
  Higher Education, Washington, DC: The George Washington University,
  Graduate School of Education and Human Development, 1997.

  Mark Warschauer, ed, Telecollaboration in Foreign Language Learning:
  Proceedings of the Hawaii Symposium, University of Hawaii Press,

Recommended:  Definitely listen to Mark Schone's hysterical piece
on "This American Life" about Hollywood's version of the "Southern
accent".  It's act three: 

While I'm at it, "This American Life" also had a segment recently
about a group of high school students who got upset when the media
falsified something that Al Gore said about Love Canal in a discussion
at their school and then went nuts accusing him of having lied about
it.  The segment itself is at ;
a RealVideo clip of Gore's actual words in their original context
is at 

Every time an RRE reader accuses me of not knowing what I'm talking
about, I always cringe.  Surely they must be right.  But, strangely,
they're always wrong.  It's actually kind of creepy.  Sometimes an
economist, for example, will rant about my grasp of economics, yet
when we rationally work the issue through it always turns out that
the economist is confused.  I am not an economist, have not had any
training at all in the subject, and readily admit that I do not have
a perfect grasp of it.  Yet precisely because I learned economics
on my own in the library, and not as part of the economics community,
I parse the issues in ways that seem to throw the real economists
off.  I don't mean this as a stereotype about all economists --
just the ones who have accused me of not knowing what I'm talking
about.  In any case, another recent example was someone accusing me
of not knowing what I was talking about when I forwarded the piece on
xenotransplantation.  All I can say is, see the article and editorial
in the 4/15/99 issue of Nature whose position is pretty much the same
as mine.  Maybe the state of scientific knowledge has evolved a lot
since then, but I doubt it.

Some URL's

remedies in the Microsoft case

A Spoonful of Sugar in Microsoft's Bitter Pill

A Very Public Remedy (Nader/Love on the Microsoft case)

The "Full Warranty" Remedy (in the Microsoft case)

denial-of-service attacks

Dave Dittrich's papers on denial-of-service attacks

Tribal Flood Creator's Thoughts

L0pht Heavy Industries

privacy wars

EBPD -- The eBay Password Demon

EPIC testimony on FIDNET and infrastructure protection

EPIC's complaint about DoubleClick's data collection practices

Report on the Privacy Policies and Practices of Health Web Sites

Cookie Cop

other subjects

Ronald Dworkin's article on the impeachment debacle

web site that specializes in scandalous documents

review of books on George W. Bush

"the ever-burgeoning field of bad Internet research"

establishment smear campaign against John McCain in South Carolina


PointCast Sends Its Final Push Broadcast

England Ugly and Grey, Say Tourist Guides,3879,136241,00.html

Conference on Affordable Telecom and IT Solutions for Developing Countries

AFL-CIO's mobilization site

Caught in the Web: White Paper on the Evolving Character of the Internet

Web site of opponents of Mumia Abu Jamal

new book price comparisons

OMB Watch's analysis of Clinton's budget

Agenda for Access (to government information)

Technology Opportunities Program

Pathways to Innovation in Digital Culture

Electronic Documents Conference

History and Politics Out Loud

New Distance Company Fails in Bid to Buy a Campus and Its Programs

European Conference on Digital Libraries, Lisbon, September 2000