Journal articles on the topic 'Establishment of a private company limited by shares'

On January 1st 2017, the amendment to the Commercial Code implementing the Capital Market Concept. This is a measure of the implementation which is the part of the Startup Support Concept and the Development of the Startup Ecosystem in the Slovak Republic. A new form of capital trading company has been created to offer a comprehensive solution for capital investments in companies. An example of such an investment is start‑up investment as business initiatives with high innovation and growth potential that can not provide funding through banks. When investing capital, it is necessary to flexibly set the investor’s entry, coexistence and output beyond what is currently possible in the form of trading companies in the conditions of the Slovak Republic. Until now, it has been a limited liability company, which has been mainly used for investing capital of start‑ups. Later was used the joint stock company as the capital‑intensive type of business. A public limited company and a limited partnership belonging to a group of private partnerships were not and are not used as startups, because of unlimited liability of the partners for the company’s obligations. The main obstacle for a joint‑stock company, as support for startups until their advanced stages of life cycle, is relatively high statutory minimum capital requirement of EUR 25,000. Another issue may be legal regulation aimed at medium and large businesses allowing them to trade their shares on the stock Exchange market, with the associated increased demands to ensure the functioning of the company. However, the Simple company, representing the hybrid form of a capital company, also has its serious shortcomings and is not a boon to support startups. Since it is a “young” type of business company that has not yet been the subject of research, it is the intention of the contributors to analyse a Simple company on shares and, by means of a number of scientific research methods, to provide a critical view of its shortcomings. Despite the fact that the reason for the establishment of this business company was mostly economic, research is mainly directed at the area of commercial law.

The role of cinema in Russian culture has traditionally been high. The federal and regional budgets, organizations and citizens take an active part in the financial provision of culture and art. However, despite the fact that the costs of supporting the cinema are assessed as very limited, this creative sector of culture is focused on high profitability, which can be achieved in the process of project management. The specifics of the financing of cinema necessitate the search for innovative approaches involving financial market institutions in order to raise funds for financing venture investment projects. Approved by the world practice ways of attracting financial resources are: sale of a share in the project; transfer of distribution rights; organization of private funds; attraction of state funds; bank loans; tax benefits; preferential use of scenery; charity. Analysis of the economic situation of the cinema organizations leads to the conclusion that it is necessary to make practical use of the methods and institutions of state and public support recommended by science and popular in foreign practice. To activate the work in the film business, it is necessary to search for new tools aimed at increasing profitability and reducing the risks of venture projects. Importance of quality and coordinated establishment of the final variant of the price of a film product by all participants in the process of film production, consisting of a film company, a distributor, a retailer, and taking into account the opinions of the end users of the population (in terms of age and age structure and level of education, place of residence, professional qualifications and employment). Priority in the digitalization environment should be given to the preparatory work: the development of marketing strategies and advertising budgets as necessary elements to stimulate innovation and investment in film production.

Abstract This paper analyses provisions of a Limited Liability Company under the Slovak Commercial Code, mainly conditions governing the process of foundation and incorporation of the company and the structure of company bodies. Legal provisions of the Limited Liability Company are primarily compared with Private Limited Company by Shares established according the Companies Act 2006 and secondarily with proposal for a Directive of the European Parliament and of the Council on single-member Private Limited Liability Companies. The result of the research is a comparison of the Slovak and the British legislation and an effort to predict the future development of Private Limited Liability Companies in the European area.

Limited Liability Company is an alliance of several people to conduct a business whose capital comes from shares owned by the members. Limited Liability Company in the current era is very much needed as the economic development. The method used was an empirical juridical method with descriptive analytical research specifications, while the data analysis method used was qualitative analysis. Based on the results of the research and discussion, it can be concluded that the delay in the registration of the establishment of a Limited Liability Company in the Legal Entity Administration System (SABH) of the Ministry of Law and Human Rights can be overcome by using the Confirmation deed on the previous deed of establishment. The delay in the registration of the establishment of a Limited Liability Company may be due to the delay in the process of making the Company's NPWP by its own Limited Company, or for other reasons which result in the date of registration cannot be registered with SABH and the previously purchased voucher has expired. Regarding the use of the affirmation deed, because of the previous deed of establishment had become an official and included in the notary protocol, the existence cannot be withdrawn. To avoid delays in registration, the notary should conduct socialization to clients who will carry out the process of establishing a Limited Liability Company.Keywords: Limited Liability Company; Legal Entity Administration System; Delay

Research on legal certainty the amount of basic capital establishment of limited liability company based on the norms of conflict between article 32 paragraph (1) of the limted liability company law concerning "the limited liability company capital of at least Rp 50,000,000.00" with article 1 paragraph (3) of government regulations The limited liability of the company's capital of limited liability concerning "the founding capital of the company is determined by agreement”. 2 problem are formulated: (1) What is the form for deposit of stock capital on the provisions of article 33 of the limited liability company law, (2) How is the legal certainty of the number of basic capital of the limited liability After the validity of government regulation change of the limited liability company. This purpose research is finding form of the deposit of stock capital and the basic capital of the limited liability company before and after enforcement of government regulation of limited liability of the company. The legal research method used normative legal research method with statute approach and conceptual approach. Capital deposits of shares can be made in the form of money and other forms of immovable tangible objects such as land and intangible objects in the form of bill of Rights; and arrangements regarding the underlying capital applicable in the establishment of the limited liability company is Article 1 paragraph (3) of government regulation of the limited liability of the company.

This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order to create fair business practice and ensure a “tangible” result for the plaintiff in relation to the judgment, the court could (should) take advantage of the freedom to maneuver and, by implementing justice, change the method of restitution (pertaining to the subject) – assign the shares to the plaintiff (an aggrieved shareholder) simultaneously creating an obligation on the same person to settle properly with the last owner of the disputed shares.

It can take a lifetime from the recognition of a legal problem until it is finally solved. Seventy-nine years after Walter Grau focused attention on gaps in the security of transactions of Gesellschaft mit beschränkter Haftung (GmbH – private limited company) shares, the GmbH reform intends to solve the problem. Until this reform, a prospective buyer of a GmbH share ran the risk that the person transferring the share was, in fact, not the true shareholder and, thus, had no power to assign the share. While the former law did not provide for a bona fide acquisition, the new § 16 (3) of the Gesetz betreffend die Gesellschaften mit beschränkter Haftung (GmbHG – Private Limited Companies Act) protects the true shareholder while also taking into account the buyer's reliance upon the transferor, considering him or her to be the shareholder. This little revolution results in a new kind of good faith acquisition that mixes different elements of “traditional” bona fide rules and adds new details.

In this article, the author focuses on the issue of making an in-kind contribution to a limited liability company – both at the time of the company establishment and in the procedure of increasing the share capital. For this purpose, the author reviews the doctrine and judicature positions relating to the concept of contribution capacity and looks for answers to the question whether the limited liability company agreement and the declaration of taking up shares have the binding and disposing effect referred to in art. 155 and art. 510 of the Civil Code, and therefore whether it is necessary to conclude a separate agreement for the transfer of the subject of the contribution to the company for the effective transfer of the in-kind contribution. In his considerations, the author draws attention to the practical dimension of applying the provisions from the point of view of the work of a notary

One of the most important elements in the framework of the business development strategy of public companies (issuers) is the addition of capital. The addition of capital can be done in two ways, namely Capital Increase by providing Pre-emptive Rights and Capital Additions without Giving Pre-emptive Rights. Providing Rights is the same as Rights Issue, while without giving Rights can be equated with Private Placement. However, generally people are more familiar with calling private placement with the term Right Issue without Preemptive Rights. Arrangements regarding Preemptive Rights are regulated in POJK No.32/POJK.04/2015 concerning Addition of Company Capital By Providing Pre-emptive Rights, while without providing Preemptive Rights is regulated in POJK No.38/POJK.04/2014 concerning Capital Increase of Public Companies without Giving Pre-emptive Rights. The research method is used a normative juridical method. The research specifications are used descriptive-analytical. From the results of the study it can be concluded that the Capital Increase without Giving Preemptive Rights is carried out by PT. SLJ GLOBAL Tbk, by issuing new shares to creditors as a form of debt payment is one of the best ways for the Company. This method proved to be able to reduce debt and increase the paid up capital of the Company, as well as making the Creditor as a new shareholder. However, corporate action through the issuance of new shares without giving HMETD, so that there are additional new investors, resulting in a percentage share ownership of each of the existing shareholders has decreased. (Dilution).

The Central Government of India sold 49% equity and gave management control of Aluminum India Limited (AIL), an aluminum manufacturing state-owned enterprise (SOE), to the AlBright Group in 2002, as a move to attract capital investments for AIL and to make its operations financially viable. When Noorani, Chairperson of AlBright — a private company — took over AIL, she had to deal with a 30-year old manufacturing plant, an aged workforce, decreasing market share, and a 57-day employee strike against the sale of AIL shares to a private company. Together with a new management team, Noorani undertook some measures and was contemplating on others to transform AIL into a market-driven organization. She was facing high employee resistance. At this juncture Noorani was pondering on what to do next. She was concerned about the possibility of transforming AIL and proceeding with the expansion plans on schedule.

Formation of a holding SE is one of the four ways of establishing a European Company (societas europaea- ‘SE') as regulated in the Council Regulation No 2157/2001 on the Statute for a European Company (cited below: SE-Reg.). It is also an original way of European company law to create a joint stock company. It's true that companies are making use of the holding structure in order to combine their economic potentials and to create international groups of enterprises. But, as it was in the case of the formation of theAventis S.A., the holding structures usually come into existence by means of an increase of the subscribed capital in an existing company. The new shares are issued to the shareholders of another company who pay for it with the shares of their company. The operation results in formation of a holding structure in which the company that increased its capital, becomes a holding company dominating a company or companies the shares of which were contributed. The formation of a holding SE is guided by the similar idea: an exchange of the shares of national private or public limited liability companies into the shares of a European Company. However, in contrast to the Aventis like-cases, the dominant company, i.e. the SE, does not exist yet but has to be created by the companies according to the provisions of the SE-Regulation. This fact as well as many legal gaps existing in the scanty regulation of holding formation and the necessity to apply both the provisions of European and national law concomitantly may lead to many legal problems some of which will be presented below.

It is because of the Bata Shoe Company's long association with Eastern Europe that I approached Thomas G. Bata for this interview. Bata, the chairman of Bata Limited (the Management Company) describes how, after having seen its assets expropriated by the Nazis and subsequently by the Communists, his company returned to its roots in Czechoslovakia in the early 1990s. Bata then shares his personal perspectives on the current and future climate for private enterprise and family business in some of the key former Warsaw Pact countries. He ends with some thoughts on opportunities for western consultants and family businesses in Eastern Europe.

Subsidiary is a company that was born due to the transfer or participation of majority shares by another company or it is called the parent company. There are no regulations related to subsidiaries in the laws and regulations related to companies or regarding Regional Owned Enterprises. This has resulted in confusion regarding the position of the regional-owned company subsidiaries, especially the unclear position of state finances in the subsidiary companies. The problem in this research is what is the legal status of ownership of a regional-owned company subsidiary? And what is the responsibility of the holding company of a Regionally Owned Company to its subsidiaries? The purpose of this study was to determine the legal status of the subsidiary and the responsibilities of the Regional Owned Company as the holding company. The research method used is normative juridical analysis of the laws and regulations and the theory of the jurists. From the results of the research, it is found that even though the status is a subsidiary of a Regional Owned Enterprise, the subsidiary is not owned by the Regional Government but has a private or private status, so that there is no special binding legal relationship between the Regional Government as a shareholder of a Regional Owned Enterprise and its owned subsidiary Regional owned enterprises. The responsibility of a Regional Owned Company as the holding company with its subsidiary is limited to the relationship between the shareholders and the company as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies.

This paper is dedicated to the issue of the notion of the public company in Polish corporate law. This term, contrary to foreign legal systems, is detached from the fact of whether a given company’s shares are listed on the stock exchange, as it is based solely on the technical aspect of whether shares are issued in dematerialized form. This approach should be deemed inappropriate. First of all, it blurs the distinction between a public company and a private company as it does not at all address in substance the nature of listed companies. Secondly, it introduces into the legal system an obsolete category of public companies which are not equivalent to listed companies. Thirdly, the legislator wrongly adopts the private joint-stock company as the model joint-stock company in the Code of Commercial Companies the “CCC” instead of its variant listed on the stock exchange. Consequently, a company which in practice has more in common with a limited liability company than with a listed company has been adopted as a model of a pure capital company. Due to these reasons it is the author’s proposition to redefine the public and private company within the CCC and the capital markets regulation. This paper describes and positively assesses recent legislative proposals concerning the redefinition of the public company through linking its nature with the fact of its shares’ admission to public trading. Koncepcja spółki publicznej w polskim prawie spółekNiniejszy artykuł został poświęcony analizie ujęcia „spółki publicznej” w polskim prawie handlowym, które w odróżnieniu od systemów prawnych państw obcych oderwane jest od faktu notowania akcji danej spółki na giełdzie papierów wartościowych, gdyż zostało oparte wyłącznie na technicznym aspekcie formy dokumentowej akcji. Ujęcie to należy uznać za błędne z kilku przyczyn. Po pierwsze, prowadzi ono to zatarcia granicy między spółką publiczną a spółką prywatną w ten sposób, że w ogóle nie odnosi się ono merytorycznie do specyfiki funkcjonowania spółek giełdowych. Po drugie, wprowadza do systemu prawnego zbędną kategorię spółek publicznych, która nie jest równoważna z kategorią spółek giełdowych. Po trzecie, ustawodawca błędnie przyjmuje, że modelową spółką akcyjną w kodeksie spółek handlowych jest jej podtyp niepubliczny w miejsce podtypu publicznego, przez co za wzorzec spółki kapitałowej przyjęto spółkę, którą w praktyce obrotu więcej łączy ze spółką z ograniczoną odpowiedzialnością niż ze spółką giełdową. Z tych względów postuluje się przedefiniowanie tych kategorii w obrębie kodeksu spółek handlowych oraz prawa rynku kapitałowego. Artykuł omawia oraz aprobuje wytyczony kierunek reformy prawa rynku kapitałowego, zgodnie z którym ma dojść do zredefiniowania pojęcia spółki publicznej przez powiązanie jej istoty z faktem dopuszczenia jej akcji do obrotu giełdowego.

This article analyzes state-owned companies and their place in the structure of market interactions in the context of modern approaches to the study of government failures and market failures, as well as the conditions of the system of private property rights rooting. Besides the general theoretical consideration of the costs of functioning of state-owned companies, the authors refer to the specific experience of the Russian economy, consistently analyzing the opportunities and palliatives of the current privatization policy, the experience of establishment and the risks of functioning of state corporations. Particular attention is paid to the problem of limited motivation to improve the institutional environment in general and, on the contrary, the expansion of the practice of direct government intervention in order to solve the problems of economic development. The authors also consider specific areas where there is a restriction of private property rights in connection with the expansion of the public sector, de jure and de facto.

This study aims to examine the legal politics of nominee agreement in Indonesia. The research method used is normative juridical, which conceptualizes the law as what is written in the legislation or the law as a rule or norm that is a benchmark of human behavior that is considered appropriate. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods. The results stated that there are no specific rules that override or provide other possibilities related to the issue of absolute ownership of shares by shareholders registered in the register of shareholders of a limited liability company. The unauthorized nominee of agreement in Indonesia is prohibited. The prohibition on nominee agreement is clearly stated in Law No. 25 of 2007 concerning investment. In fact, nominee agreement has grown and developed in the community, due to community needs. Establishment of nominee agreements in practice can be categorized into the formation of direct nominee agreements, namely by directly making agreements between those who affirm that ownership of shares in a company is limited to and on behalf of others. Thus, the legal profession such as notary, legal consultant and lawyer in this case must provide legal counseling, and participate in supervisory duties. As a profession, it should keep the professional code of ethics instead of making unauthorized nominee by making a nominee agreement.

Small and Medium Enterprises have limited financial resources, which hampers development possibilities. For small and medium entities, the ambition toward a foreign-market driven income is on the increase. However, going international seems to be harder because of its peculiar financial restraint. This paper intends to give evidence to an empirical case of excellence, which is emerging as a prototype in the agri-food industry since its establishment: the Agribusiness Cluster Brixia (hereafter, ACB). The Agribusiness Cluster Brixia is a well-defined group of companies highly specialized in technology, the Cluster shares. This company integrates skills at every stage of the supply chain, from farm production to food distribution, storing, and processing. The aim of this paper is to test if it has really provided advantages for the partners, and how. These advantages can be in reducing some competitive costs for the partners involved, entering new markets, or by developing new and cooperative solutions to the customers needs.

The article describes trends in the development of electronic manufacturing in the Soviet Union and after the gain of independence. The factors that may be the key to improving the competitiveness of domestic electronic production are given. Among them, scientific and human resources play an important role. The geography of the enterprises of the electronics industry is determined: Kyiv, Lviv, Khmelnitsky, Kharkiv, Rakhiv, Mykolaiv. The activities and product assortment of the leading manufacturers of personal computers are analyzed separately (Joint Stock Company «Navigator», company «VSESVIT», Limited liability company «Technique for Business», and «DiaWest-Computer World»). Changes in the structure of major subsectors of the electronic industry by size of enterprises during 2010–2017 were analyzed. In particular, the number of medium and large enterprises in the industry in 2015–2017 was relatively stable, while the number of small enterprises decreased. There are positive trends in some product groups in the industry: manufacture of computers, electronic and optical products, and production of electrical equipment with a lower level of knowledge intensity. Measures to increase the competitiveness of domestic electronics enterprises are grouped in three directions: microeconomic (attracting qualified engineering and design staff; employment of young specialists; updating the range; involving scientists in R&D; effective management), mesoeconomic (higher technical education; public-private partnership; increase in public procurement; preferential lease terms for state-owned property; increase in investment localization; long-term bank lending; creation of industrial parks; counteraction to smuggling), and macroeconomic (defining the priorities of scientific and industrial policy; development of legislation; structural transformation; diversification of development and production; international commercialization of research and production activities and cooperation; development of national innovation system infrastructure).

Corporate governance is widely acknowledged as a key factor of market’s efficiency and corporate performance. Greek company law, under the influence of the financial crisis, has responded actively by incorporating in national law EU directives on corporate governance of listed companies and by adopting recently self-regulatory provisions. This regulatory framework contributes essentially to enhance board accountability and transparency, empower shareholder protection and promote financial disclosure. In that regard, two pillars should be illustrated as regards board of directors in listed companies: Greek company law provides traditionally for the establishment of the general duties of loyalty and care of all board members in companies limited by shares, which are furthermore reinforced by the provisions of the Hellenic Code of Corporate Governance for listed companies. Secondly, hard law rules introduce the participation of non-executive and non-executive independent directors as a legal mechanism of confronting agency problems in listed companies. These provisions have been strongly argued as regards the exact content of the obligations of all board members of listed companies to promote the corporate interest and especially as regards the monitoring role of non-executive directors. These conceptions should be followed by empirical researches in order to address a completely legal and functional approach.

On 25 October 2017, the Court of Justice handed down a judgment in the Polbud case (C-106/16). This is the result of three preliminary questions raised by the Polish SC. The facts in the case concern the Polish private limited liability company which wanted to transfer its registered office to Luxembourg and to change its legal form. In general, the questions refer to two pertinent issues: first, if the national law providing for mandatory company’s liquidation in case of transferring the company’s seat abroad complies with the EU law, and second, if the so-called isolated cross-border conversion is covered by the freedom of establishment. With little doubt, the first question was answered in the negative. As to the second issue, the Court holds that it is not mandatory in the light of EU law for the company wishing to transfer its registered office and convert itself into a company governed by the law of another MS to establish an economic presence in that MS. It is likely that the Court of Justice’s findings will open another Pandora’s box with many unknown results, mainly concerning minority shareholders’ and creditors’ protection as well as further (un)desired liberalisation of the internal market.

The purpose of this study is primarily to scrutinize the usefulness of financial statement reporting by charitable companies limited by guarantee in Malaysia as prescribed in the rules and regulations. The main concern is whether there is limitation for the charitable company to follow this requirement in which, their performance and accountability will be analyzed. These attributions will lead to the improvement on the level of governance and accountability to satisfy all the relevant parties, especially the stakeholders and the public interest as a whole. 50 companies were selected as a sample and three years of financial reports from 2009 to 2011 were scrutinized. This study found that the majority of the charitable companies adopted PERS (Private Entity Reporting Standard) and FRS (Financial Reporting Standard) in preparing their financial report while less than 5 percent did not clearly state their accounting standard. For the establishment objective, at least half of the companies spent more than 50 percent contribution received for the purpose of their institution. This study also found that more than 80 percent of the companies at least provided a minimum disclosure on the contributions received in their financial report with moderate level quality of information. However, less than 50 percent of the companies fully complied with the basic requirement of the Companies Act 1965 and are being compounded by the regulators.

The problem of transition in the line of business assets and obligations succession with regard to norms of civil, family and business law represents an important legal problem as for the matter of family business succession. Russian legislation does not determine the family business succession as a single entity, there exists no special regulation as well as the term “entrepreneurial succession”. The doctrine gives a reasonable conclusion that “practices of the recent past reveal substantial problems of marital regimes legal regulation under a digital transformation of the economy”. Inheriting different properties that can be collectively referred to sphere of entrepreneurial activity causes many problems of similar properties transition in the line of succession in the field of law enforcement. Determining particularities of legal regulation of inheritance relations complicated with business activities in order to ensure efficient regulation of succession to business assets and debts and as well to ensure law enforcement stability. The methodological base for the present scientific research is represented by the system of general scientific and specific scientific methods and research techniques, including a historical method, a logical method, a method of system analysis and research, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification, an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that in conditions of the world financial crisis complicated with consequences of the coronavirus pandemic small businesses are the most vulnerable, including family businesses. The authors believe that a modern lawyer must have systemic knowledge for efficient application of civil law, inheritance law, family law, entrepreneurial law on the basis of the convergence principle in law. The use of a rather broad methodological base allows determining essential properties of legal regulation of the family members’ entrepreneurial activity and inheritance relations from the point of view of law enforcement problems resolution. As for particularities of inheritance regulations application, a joint-stock company is supposed to have certain mechanisms of the protection of its interests in terms of its shares inheritance. For example, it is possible to envisage the right of a private joint-stock company to discourage inclusion within its shareholders a new participant in line with a similar power of the limited liability companies.

The existence of Constitution Number 7 the Year 2004 on Water Resources become the foundation of open opportunity for water commercialization and commodification. The private sector has opportunity in water concessions through the granting of entitlements that lead to changes in resource ownership regimes. The establishment of water company makes the abundance of water resources that can be utilized by the community to fulfil their socio-economic needs being reduced. Villagers often mean that the presence of the private sector will reduce water utilization in their area, thus feeling their access to water use will be limited. This study aims to analyze the influence of community access in utilizing water resources to socio-economic conditions of society. This research is located in Sukamantri Village, Tamansari District, Bogor Regency, West Java. The method used to extract facts, data, and information in the research is the quantitative approach through survey method with questionnaires and supported by qualitative data through interview and literature study until obtained by analysis result that access of water resources utilization by society influence their socioeconomic.Keywords: Access, regime property, socio-economic, water resources ABSTRAKAdanya UU Nomor 7 Tahun 2004 tentang Sumber Daya Air menjadikan landasan terbukanya kesempatan bagi upaya komersialisasi dan komodifikasi air. Sektor swasta berkesempatan dalam pengusahaan air lewat pemberian hak guna usaha yang menyebabkan terjadinya perubahan rezim kepemilikan sumber daya. Berdirinya Perusahaan air membuat kelimpahan sumber daya air yang dapat dimanfaatkan oleh masyarakat untuk memenuhi kebutuhan sosial ekonominya menjadi berkurang. Masyarakat desa sering memaknai bahwa kehadiran pihak swasta akan mengurangi pemanfaatan air di wilayah mereka, sehingga merasa akses mereka dalam pemanfaatan air akan terbatasi. Penelitian ini bertujuan untuk menganalisis pengaruh akses masyarakat dalam memanfaatkan sumber daya air terhadap kondisi sosial ekonomi masyarakat. Penelitian ini berlokasi di Desa Sukamantri, Kecamatan Tamansari, Kabupaten Bogor, Jawa Barat. Metode yang digunakan untuk menggali fakta, data, dan informasi dalam penelitian adalah pendekatan kuantitatif melalui metode survei dengan kuesioner, dan didukung oleh data kualtitatif melalui wawancara dan studi literatur hingga diperoleh hasil analisis bahwa akses pemanfaatan sumber daya air oleh masyarakat mempengaruhi kondisi sosial ekonomi masyarakat.Kata kunci: Akses, rezim kepemilikan, sumber daya air, sosial ekonomi

This research aims to families the optimization of CSR for productive activities in the effort to increase the Community's welfare in the province of Central Kalimantan. This study is done because Pemerinah aware will not be able to finance all development activities with the economic growth that is not maximized. That is the increase of government and private cooperation that is more systematic and sustainable need to be flown and optimized for misalignment through the scheme of fund-raising of Corporate Social responsibility (CSR). This study uses a qualitative method approach that is supported by quantitative data. The qualitative approach is assumed to be relevant to capture the entire stakeholder's view of CSR. The study will take East Kotawarakan regency as the object of study. East Kotawarwants Regency already has a Perda that regulates CSR and institutional of CSR Forum. The selection of the object of this study is also based on some practical considerations related to the potential availability and access to data and many of the companies in the East Kotawarwants regency in the Central Kalimantan provincial government environment. The results of this study showed the CSR policy by the East Kotawarwants District government in the implementation of weak. This is due to the lack of understanding between stakeholders in understanding good and sustainable CSR governance. The mandate from local regulation No. 21, 2014 Regency of Kotawarwant Timut about CSR is the establishment of CSR Forum. However, in its journey, the CSR forums have not been able to move flexibly due to limited employment and budget programs. So that the CSR Forum until now can not optimally bridge the government with the company related to the governance of the CSR program.

AbstractThere is no lack of literature on Hendrik Willem Mesdag (1831-1915) in his capacity of an art collector. Most of it focuses on the collection in the museum which the painter built in The Hague in 1886 and presented to the nation in 1903 (note 1). Little or no attention has hitherto been paid however to the large collection of fine and decorative art that was kept at the time of Mesdag's death on July 10 1915 in his house, which adjoined the museum. The greater and most important part of this collection was eventually sold in New York in 1920 and thereafter dispersed. It is not known what criteria Mesdag applied in consigning items from his collection to the museum or keeping them in his home. No clear-cut distinction can be made between the kind of objects in his house and the museum. In both locations the tone is set bv the Barbizon and Hague Schools. Concerned about the future of his most prestigious creation, the enormous Panorama of Scheveningen, better known as the Mesdag Panorama, Mesdag set up a limited company in 1910 for the purpose of maintaining and exploiting the Panorama and the building that housed it. He gave the shares to his future heirs. Under the terms of his Will, his house and its contents were to pass to the Panorama shareholders on his death. The nation had the first option to purchase, which suggests that Mesdag wanted his house and a major part of his private collection to go along with the museum. Since there was a war on, the government regarded the purchase as imprudent. Part of the inventory was sold among the family, but the most important items were put up for auction. The auctioneer Frederik Muller & Cie compiled an illustrated catalogue. Before it was ready, however, the American art dealer J. F. Henson made an offer for the whole collection. The auction was cancelled, and the catalogue was published in a limited edition of 125 numbered copies (note 3 1). After the war most of the collection was shipped to America and auctioned in New York. A completely new catalogue was printed for the occasion (note ; 35). The said catalogues and a series of photographs of the interior convey an impression of the size and quality of the collection in Mesdag's home. There Mesdag left an important collection of paintings and drawings from the Barbizon School, including fourteen drawings by Millet (figs.4 and 5). Antonio Mancini is amply represented in the museum with fifteen paintings and pastels, but that is a mere fraction of the total number of works by Mancini amassed by Mesdag. He naturally possessed a large amount of his own work, as well as paintings and drawings by other artists of the Hague School (figs. 6 and 7). His collection of 17th-century masters was less important. Even so, Mesdag had a marked preference for Dutch 16th and 17th-century artefacts, witness the oak panels, furniture and other items of decorative art in his studio (fig. 2), a taste he shared with painters like Bosboom, Weissenbruch and Jacob Maris (fig. 9). Some of the furniture was quasi Gothic or quasi Renaissance, with ornate fittings and a profusion of carving, in keeping with the 19th-century notion of these styles. The most advanced aspect of Mesdag's collection was a collection of modern china from the Rozenburg factory, designed by Colcnbrander.

Aim/Purpose: The topic of this study is the ICT-enabled transformation of car dealerships to regional providers of sustainable mobility (e.g., car sharing). Background: Car dealerships offer specific conditions that enable a sustainable mobility offer, based on individual motorized transport like car sharing. This is especially useful in small towns or rural areas where people’s mobility is strongly dominated by private cars, and public transport coverage is limited. However, these new mobility services are combined services with the need of a deep integration of information systems, and these services are not yet related to car dealerships and customer acquisition has to be supported. Methodology: An empirical study with an inductive approach was chosen. The study consists of interviews with three focus groups of different stakeholders of car dealerships. Within the frame of the research project, “ReCaB – Regional Car-Balancing” a qualitative research approach was chosen. Within a design science approach the existing SusCRM architecture was adapted based on the elaborated requirements. Contribution: A software architecture is proposed, where Customer Relationship Management (CRM) components to market new sustainable mobility offers are vital parts and existing information systems of car dealerships are integrated. Findings: The basic feasibility of the establishment and customer acceptance has been demonstrated, at least in the area of car sharing within ReCaB. The execution in the car sharing field has already started and a number of car dealerships are already bringing their own offers to market. Major findings for the SusCRM architecture have been elaborated in a design science approach in the national German research project “Showcase for electro mobility”. Recommendations for Practitioners: There is still no fully functional prototype developed for this specific use case and evaluated in the car dealership environment. An implementation only, based on own efforts, is difficult for car dealerships because of the dealership’s lack of know-how as well as tight IT budgets. However, this approach appears particularly successful in rural areas where public transport services are heavily declining. For full implementation, the presented ICT support is imperative. Recommendation for Researchers: The research on the retailer level, especially in combination with a digital trans-formation by the use of ICT systems, is still fragmentary. Research in this area that both addresses sustainability goals on a general level and supports economical goals on the company level of automotive retailers would be useful. Impact on Society: Creation of sustainable offers as a substitute or supplement for mobility based on their own car is a promising way to reduce negative effects of mobility. Enhancement of the mobility of the people in rural areas is leading to a more active lifestyle by reaching the leisure facilities, workplaces and educational institutions in a sustainable manner. Future Research: In terms of the fast changing mobility landscape, especially on a technical level with the development of autonomous vehicles and digitalization of entire businesses new solutions are becoming accessible, that have to be integrated in further research.

On 26 February 1921, the Soviet Union signed a «Treaty of Friendship» with Iran which was to pave the way for future relations between the two states. Although the Russians renounced various commercial and territorial concessions which the Tsarist government had exacted from Iran, they secured the insertion of two articles which prohibited the formation or residence in either country of individuals, groups, military forces which were hostile to the other party, and gave the Soviet Union the right to send forces into Iran in the event that a third party should attempt to carry out a policy of usurpation there, use Iran as a base for operations against Russia, or otherwise threaten Soviet frontiers. Furthermore, in 1927, the Soviet Union signed a «Treaty of Guarantee and Neutrality» with Iran which required the contracting parties to refrain from aggression against each other and not to join blocs or alliances directed against each other’s sovereignty. However, the treaty was violated by the Soviet Union’s wartime occupation of Iran, together with Britain and the United States. The violation was subsequently condoned by the conclusion of the Tripartite Treaty of Alliance of 29 January 1942, which permitted the Soviet Union to maintain troops in Iran for a limited period. Requiring restraint from propaganda, subversion and hostile political groups, the treaty would also appear to have been persistently violated by the Soviet Union: for example, the various radio campaigns of «Radio Moscow» and the «National Voice of Iran»; the financing and control of the Tudeh party; and espionage and rumour-mongering by Soviet officials in Iran. Whatever the Soviet’s original conception of this treaty may have been, they had since used it one-sidedly as a treaty in which both countries would be neutral, with one being «more neutral than the other». In effect, both the 1921 and 1927 treaties had been used as «a stick to beat the Iranians» whenever it suited the Soviets to do so, in propaganda and in inter-governmental dealings. During the Second World War, the treaty between the United Kingdom, the Soviet Union and Iran, dated 29 January 1942 - and concluded some 5 months after the occupation of parts of Iran by allied forces, the United Kingdom and the Soviet Union were entitled to maintain troops in Iran, but the presence of such troops was not to constitute a military occupation. Nonetheless, Soviet forces in the Northern provinces used their authority to prevent both the entry of officials of the Iranian Government and the export of agricultural products to other provinces. The treaty also required military forces to be withdrawn not later than six months after «all hostilities between the Allied Powers and Germany and her associates have been suspended by the conclusion of an armistice or on the conclusion of peace, whichever is the earlier». This entailed that the Soviet Union should have withdrawn its forces by March 1946, six months after the defeat of Japan. Meanwhile, however, there emerged in Iranian Azerbaijan, under Soviet tutelage, a movement for advanced provincial autonomy which developed into a separatist movement under a Communist-led «National Government of Azerbaijan». In 1945, Soviet forces prevented the Iranian army from moving troops into Azerbaijan, and also confined the Iranian garrison to barracks while the dissidents took forcible possession of key points. At the same time, Soviet troops prevented the entry of Iranian troops into the Kurdistan area, where, under Soviet protection, a Kurdish Republic had been set up by Qazi Mohammad. In 1946, after Iran had appealed to the Security Council, the Russians secured from the Iranian Prime Minister, Qavam es Saltaneh, a promise to introduce a bill providing for the formation of a Soviet-Iranian Oil Company to exploit the Northern oil reserves. In return, the Soviet Union agreed to negotiate over Azerbaijan: the Iranians thereupon withdrew their complaint to the Security Council, and Soviet forces left Azerbaijan by 9 May 1946. In 1955, when Iran was considering joining a regional defensive pact, which was later to manifest itself as the Baghdad Pact, the Soviet Government threatened that such a move would oblige the Soviet Union to act in accordance with Article 6 of the 1921 treaty. This was the «big stick» aspect of Soviet attempts to waylay Iranian membership of such a pact; the «carrot» being the conclusion in 1955 of a Soviet-Iranian «Financial and Frontier Agreement» by which the Soviets agreed to a mutually beneficial re-alignment of the frontier and to pay debts arising from their wartime occupation of Northern Iran. The Soviets continued their war of nerves against Iranian accession to the Pact by breaking off trade negotiations in October 1955 and by a series of minor affronts, such as the cancellation of cultural visits and minimal attendance at the Iranian National Day celebrations in Moscow. In a memorandum dated November 26, the Iranian Government openly rejected Soviet criticisms. Soviet displeasure was expressed officially, in the press and to private individuals. In the ensuing period, Soviet and Soviet-controlled radio stations continued to bombard their listeners with criticism of the Baghdad Pact, or CENTO as it later became. In early 1959, with the breakdown of the negotiations for a non-aggression pact, Iran-Soviet relations entered into a phase of propaganda warfare which intensified with the signature of the bilateral military agreement between Iran and the United States. The Soviet Union insisted that Iran should not permit the establishment of foreign military bases on its soil, and continued to threaten Iran despite the Shah’s assurance on this issue. Consequently, the Iranians denounced Articles 5 and 6 of the 1921 treaty, on the basis of which the Soviet Union was making its demands. Attempts by the Secretary-General of the United Nations to improve relations met with little success until September 1959, when Russia offered massive economic support on condition that Iran renounced its military agreements with the United States. This offer was rejected, and, as relations continued to become strained, the Soviets changed their demand to one neither for a written agreement that Iran would not allow its terrain to be used as a base of aggression nor for the establishment of foreign missile bases. The publication by the Soviet Union of the so-called «CENTO documents» did nothing to relieve the strain: the Soviet Union continued to stand out for a bilateral agreement with Iran, and the Shah, in consultation with Britain and the United States, continued to offer no more than a unilateral assurance. In July 1962, with a policy of endeavouring once more to improve relations, the Shah maintained his insistence on a unilateral statement, and the Soviet Government finally agreed to this. The Iranian undertaking was accordingly given and acknowledged on 15 September. The Instruments of ratification of the 1957 Agreements on Transit and Frontier Demarcation were exchanged in Moscow on 26 October 1962 and in Tehran on 20 December, respectively.

The sense of the limited liability company is a legal entity to be able to run a business that has a capital consisting of a share, which its owners have lots of stock. Because it is composed of capital over shares that can be traded, and changes to the ownership of the company can be done without the need for a dissolution of a company. Limited liability company is a business entity and the magnitude of the capital company which are poured in a basic budget. The wealth of the company separate from the personal wealth of the owners of the company so that it can have its own treasures. Each person can have more than one stock which can be a proof of ownership of a company. The owner of the stock itself has a limited liability, i.e. as much as their shares. In the establishment of limited liability company also required permission and also some important documents that should be owned by a limited liability company to be its foundation.

The use of nominee shares through nominee shares agreement has grown and developed well in the investing world, especially within the investors who establish PT. PMA. In short, the concept of nominee shares are done by both localand foreign investors. One of the causes of the nominee shares usageis because there is no rules in the Company Law that regulate, prohibit, and unequivocally ban the nominee shares by making the stock agreement. The law of prohibition to make nominee shares agreement or stock statement can only be found in the Capital Market Law, Article 33 paragraph (1) and paragraph (2). This research is a normative legal research that moves from the void norm within our laws. The approach used in this study is the legislation and analytic approach. The legal materials in this study are taken from the primary materials, secondary legal materials, and tertiary legal materials. The results of this study indicate the cause of the nominee shares usage by making nominee stock agreement, has already stated in the Company Law. However, it only explainsthe requirement that the PT has to be founded by two (2) or more persons, it does not give any detail requirements of how to be the shareholders. Other than to fill the Company Law, by filling the requirement of the PT establishment,the use of nominee agreement is due to the restriction of the line business for PT. PMA. The void of the norm has resulted in the violation within the limited liability company, in which one of the shareholders in PT. PMA is not the actual owner or nominee, but only the registered owner from certain number of shares. The law of prohibition of nominee shares in UUPM is considered inefficient because there is no strict regulations and prohibitions in the Company Law, thus, in practice, the use of nominee shares by making the nominee shares agreementgrows and develops through the simulation or indirect agreement, known as the arrangement agreement.

With the existence of a company as a business entity in the business world between Indonesia and Cambodia, it makes the arrangement of company establishment an initial concern. In Indonesia, a Company is a legal entity that is a capital partnership, established based on an agreement, carrying out business activities with capital, established based on an agreement, conducting business activities with an authorized capital wholly divided into shares and complying with the requirements stipulated in this Law and its implementing regulations. A Cambodia limited liability company (LLC) is managed by officers and directors and is funded by capital provided by the shareholders. It can be as small as a single business person or as large as a business with many shareholders. Companies provide a framework for businesses to own property, sign contracts, and engage in legal action without putting the assets of their shareholders at risk.

The paper examines the attractiveness of two different investment alternatives for individual investors. It involves purchase of KAZ Minerals PLC shares versus placement of investor’s funds in second-tier bank’s (Kaspi Bank JSC) deposit in the Republic of Kazakhstan. KAZ Minerals PLC (hereinafter the “KAZ Minerals”) takes origin from 1930 and as for now it is leading international company for extraction and processing of natural resources. KAZ Minerals is the biggest Kazakhstani company that produces cupper in Kazakhstan and one of the biggest producers in the world. KAZ Minerals is making business in Kazakhstan and it is registered in London and Hong Kong Stock Exchanges. The second-tier bank, which time deposits will be considered for investment as an alternative to investment in the shares of KAZ Minerals is JSC Kaspi Bank. JSC Kaspi Bank (hereinafter “Kaspi Bank”) started its operations in 1991, and today it is the one of the market leaders in provision of banking services and other financial products to large and medium-sized corporations, as well as individual clients, in all sectors of Kazakhstani economy. The choice of the bank is based on results of third quarter of 2019, which showed that Kaspi Bank is not merely one of the largest private banks in CIS, but also has a leadership position as a lender in Kazakhstan by total assets. One more reason for comparing the deposits of this particular bank to the investment in stocks of KAZ Minerals is the low risk level, as the bank’s management emphasizes the importance of asset quality and liquidity management, as well as maintenance of high operating efficiency. Thus, the paper compares the attractiveness of investment in the stocks of KAZ Minerals PLC versus investment of money in deposit of Kaspi Bank JSC in terms of their profitability and risk level.

It is common that the majority shareholders in a corporation take action that unfairly prejudices the minority. A majority shareholder occupies a dominant position in the decision-making process of the company's affairs and can control the company with the principle of majority rule. In the process of company development, the interests of the majority shareholders may diverge from the interests of the company. In this case, the majority of shareholders may engage in unfair prejudice conduct that harm the interests of the company and minority shareholders for their own benefit. Consequently, to some extent, the principle of majority rule provides the possibility for the controlling shareholders to abuse voting rights, which often constitutes damage to the interests of minority shareholders. In addition, due to the reliance on the controlling shareholder, the directors tend to only take into account the interests of the majority shareholders, with the result that ignore the rights and interests of non-controlling shareholders. Especially in private companies, minority shareholders not only cannot sell their shares in the stock exchanges without restrictions to exit the company, but also may be subject to more severe oppression by the actual controller of the company. When minority shareholders cannot obtain relief within the company, it is necessary for aggrieved shareholders to bring an action against the majority shareholders to protect their rights. However, under the rule in Foss v Harbottle, shareholders only be allowed to sue if they meet the exceptions. Due to the limited application scope of these exceptions, the aggrieved shareholders are often unable to get timely and effective relief in practice. In response to this problem, statutory unfair prejudice provisions are introduced to balance the interests of majority shareholders and minority shareholders, and to prevent shareholder oppression in corporate governance. It emphasizes judicial intervention to protect the legitimate interests of shareholders. Compared with just and equitable winding up and derivative action, the unfair prejudice is regarded as a mechanism for minority protection as it covers a variety of remedies and leaves the court with greater discretion.

Against a Limited Company in Banking in accordance with the form of business entity and legal entity that is the Law No.. 40 of 2007 on Limited Liability Company and the Law No.. 10 of 1998 concerning Banking can be used as a basis for assessing the application of the principle of legality Piercing The Corporate Veil in the case of PT. Bank Century Tbk. and organs Piercing The Corporate Veil aims for the creation of wealth and prosperity not only for organ (direksi, shareholders, and the commissioner) of the company, but also for all stakeholders (customers, investors, creditors, employees). After reviewing the case of PT. Bank Century Tbk is known that there are some legal issues that occurred and resulted in the company and stakeholders at a disadvantage, in which the organ PT. Bank Century Tbk together misusing authority and take advantage of banks to personal self-interest. The problems that can be identified are as follows: How does the function and position of commissioner of PT Bank Century Tbk in order to protect customer funds users, the commissioners responsibility for customer losses by shifting assets on the basis of the company's attitude veil (piercing the corporate veil), the effort commissioners should be done along with other directors to deal with customer losses caused by the transfer of assets. Results of research that has been done shows that PT. Bank Century Tbk proven to have committed an unlawful act of the early establishment of PT. Bank Century Tbk. Efforts should be made in the application of the responsibility to the stakeholders, namely with the implementation of the principle of piercing the corporate veil. The principle of piercing the corporate veil is one of the efforts of the Government to provide justice to the stakeholders, which saw the implementation of the responsibility of the company personally organ came to abolish private property with limited liability of the organ (limited liability). This is a descriptive analytical study aimed to obtain a thorough and systematic application of the principle of piercing the corporate veil of PT Bank Century Tbk associated with the statutory provisions. The method used is normative, the research focuses on the study of literature in the form of secondary data to determine how the application of the principle of piercing the corporate veil in PT. Bank Century Tbk.Keywords : Piercing The Corporate Veil, Bank, Company Limited.

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.

The need to sustain and/or create a collective identity is regularly seen as one of the cultural priorities of diasporic peoples and this, in turn, depends upon the existence of a uniquely diasporic form of communication and connection with the country of origin. Today, digital media technologies provide easy information recording and retrieval, and mobile IT networks allow global accessibility and participation in the redefinition of identities. Vis-à-vis our understanding of the proximity and connectivity associated with globalisation, the role of ICTs cannot be underestimated and is clearly more than a simple instrument for the expression of a pre-existing diasporic identity. Indeed, the concept of “e-diaspora” is gaining popularity. Consequently, research into the role of ICTs in the lives of diasporic peoples contributes to a definition of the concept of diaspora, understood here as the result of the dispersal of all members of a nation in several countries. In this context, I will demonstrate how members of the Bulgarian diaspora negotiate not only their identities but also their identifications through one of the most popular community websites, Facebook. My methodology consists of the active observation of Bulgarian users belonging to the diaspora, the participation in groups and forums on Facebook, and the analysis of discourses produced online. This research was conducted for the first time between 1 August 2008 and 31 May 2009 through the largest 20 (of 195) Bulgarian groups on the French version of Facebook and 40 (of over 500) on the English one. It is important to note that the public considered to be predominantly involved in Facebook is a young audience in the age group of 18-35 years. Therefore, this article is focused on two generations of Bulgarian immigrants: mostly recent young and second-generation migrants. The observed users are therefore members of the Bulgarian diaspora who have little or no experience of communism, who don’t feel the weight of the past, and who have grown up as free and often cosmopolitan citizens. Communist hegemony in Bulgaria began on 9 September 1944, when the army and the communist militiamen deposed the country’s government and handed power over to an anti-fascist coalition. During the following decades, Bulgaria became the perfect Soviet satellite and the imposed Stalinist model led to sharp curtailing of the economic and social contacts with the free world beyond the Iron Curtain. In 1989, the fall of the Berlin Wall marked the end of the communist era and the political and economic structures that supported it. Identity, Internet, and Diaspora Through the work of Mead, Todorov, and boyd it is possible to conceptualise the subject in terms of both of internal and external social identity (Mead, Todorov, boyd). In this article, I will focus, in particular, on social and national identities as expressions of the process of sharing stories, experiences, and understanding between individuals. In this respect, the phenomenon of Facebook is especially well placed to mediate between identifications which, according to Freud, facilitate the plural subjectivities and the establishment of an emotional network of mutual bonds between the individual and the group (Freud). This research also draws on Goffman who, from a sociological point of view, demystifies the representation of the Self by developing a dramaturgical theory (Goffman), whereby identity is constructed through the "roles" that people play on the social scene. Social life is a vast stage where the actors are required to adhere to certain socially acceptable rituals and guidelines. It means that we can consider the presentation of Self, or Others, as a facade or a construction of socially accepted features. Among all the ICTs, the Internet is, by far, the medium most likely to facilitate free expression of identity through a multitude of possible actions and community interactions. Personal and national memories circulate in the transnational space of the Internet and are reshaped when framed from specific circumstances such as those raised by the migration process. In an age of globalisation marked by the proliferation of population movements, instant communication, and cultural exchanges across geographic boundaries, the phenomenon of the diaspora has caught the attention of a growing number of scholars. I shall be working with Robin Cohen’s definition of diaspora which highlights the following common features: (1) dispersal from an original homeland; (2) the expansion from a homeland in search of work; (3) a collective memory and myth about the homeland; (4) an idealisation of the supposed ancestral homeland; (5) a return movement; (6) a strong ethnic group consciousness sustained over a long time; (7) a troubled relationship with host societies; (8) a sense of solidarity with co-ethnic members in other countries; and (9) the possibility of a distinctive creative, enriching life in tolerant host countries (Cohen). Following on this earlier work on the ways in which diasporas give rise to new forms of subjectivity, the concept of “e-diaspora” is now rapidly gaining in popularity. The complex association between diasporic groups and ICTs has led to a concept of e-diasporas that actively utilise ICTs to achieve community-specific goals, and that have become critical for the formation and sustenance of an exilic community for migrant groups around the globe (Srinivasan and Pyati). Diaspora and the Digital Age Anderson points out two key features of the Internet: first, it is a heterogeneous electronic medium, with hardly perceptible contours, and is in a state of constant development; second, it is a repository of “imagined communities” without geographical or legal legitimacy, whose members will probably never meet (Anderson). Unlike “real” communities, where people have physical interactions, in the imagined communities, individuals do not have face-to-face communication and daily contact, but they nonetheless feel a strong emotional attachment to the nation. The Internet not only opens new opportunities to gain greater visibility and strengthen the sense of belonging to community, but it also contributes to the emergence of a transnational public sphere where the communities scattered in various locations freely exchange their views and ideas without fear of restrictions or censorship from traditional media (Appadurai, Bernal). As a result, the Web becomes a virtual diasporic space which opens up, to those who have left their country, a new means of confrontation and social participation. Within this new diasporic space, migrants are bound in their disparate geographical locations by a common vision or myth about the homeland (Karim). Thanks to the Internet, the computer has become a primary technological intermediary between virtual networks, bringing its members closer in a “global village” where everyone is immediately connected to others. Thus, today’s diasporas are not the diaspora of previous generations in that the migration is experienced and negotiated very differently: people in one country are now able to continue to participate actively in another country. In this context, the arrival of community sites has increased the capacity of users to create a network on the Internet, to rediscover lost links, and strengthen new ones. Unlike offline communities, which may weaken once their members have left the physical space, online communities that are no longer limited by the requirement of physical presence in the common space have the capacity to endure. Identity Strategies of New Generations of Bulgarian Migrants It is very difficult to quantify migration to or from Bulgaria. Existing data is not only partial and limited but, in some cases, give an inaccurate view of migration from Bulgaria (Soultanova). Informal data confirm that one million Bulgarians, around 15 per cent of Bulgaria’s entire population (7,620,238 inhabitants in 2007), are now scattered around the world (National Statistical Institute of Bulgaria). The Bulgarian migrant is caught in a system of redefinition of identity through the duration of his or her relocation. Emigrating from a country like Bulgaria implies a high number of contingencies. Bulgarians’ self-identification is relative to the inferiority complex of a poor country which has a great deal to do to catch up with its neighbours. Before the accession of Bulgaria to the European Union, the country was often associated with what have been called “Third World countries” and seen as a source of crime and social problems. Members of the Bulgarian diaspora faced daily prejudice due to the bad reputation of their country of origin, though the extent of the hostility depended upon the “host” nation (Marcheva). Geographically, Bulgaria is one of the most eastern countries in Europe, the last to enter the European Union, and its image abroad has not facilitated the integration of the Bulgarian diaspora. The differences between Bulgarian migrants and the “host society” perpetuate a sentiment of marginality that is now countered with an online appeal for national identity markers and shared experiences. Facebook: The Ultimate Social Network The Growing Popularity of Facebook With more than 500 million active members, Facebook is the most visited website in the world. In June 2007, Facebook experienced a record annual increase of 270 per cent of connections in one year (source: comScore World Metrix). More than 70 translations of the site are available to date, including the Bulgarian version. What makes it unique is that Facebook positively encourages identity games. Moreover, Facebook provides the symbolic building blocks with which to build a collective identity through shared forms of discourse and ways of thinking. People are desperate to make a good impression on the Internet: that is why they spend so much time managing their online identity. One of the most important aspects of Facebook is that it enables users to control and manage their image, leaving the choice of how their profile appears on the pages of others a matter of personal preference at any given time. Despite some limitations, we will see that Facebook offers the Bulgarian community abroad the possibility of an intense and ongoing interaction with fellow nationals, including the opportunity to assert and develop a complex new national/transnational identity. Facebook Experiences of the Bulgarian Diaspora Created in the United States in 2004 and extended to use in Europe two or three years later, Facebook was quickly adopted by members of the Bulgarian diaspora. Here, it is very important to note that, although the Internet per se has enabled Bulgarians across the globe to introduce Cyrillic script into the public arena, it is definitely Facebook that has made digital Cyrillic visible. Early in computer history, keyboards with the Cyrillic alphabet simply did not exist. Thus, Bulgarians were forced to translate their language into Latin script. Today, almost all members of the Bulgarian population who own a computer use a keyboard that combines the two alphabets, Latin and Cyrillic, and this allows alternation between the two. This is not the case for the majority of Bulgarians living abroad who are forced to use a keyboard specific to their country of residence. Thus, Bulgarians online have adopted a hybrid code to speak and communicate. Since foreign keyboards are not equipped with the same consonants and vowels that exist in the Bulgarian language, they use the Latin letters that best suit the Bulgarian phonetic. Several possible interpretations of these “encoded” texts exist which become another way for the Bulgarian migrants to distinguish and assert themselves. One of these encoded scripts is supplemented by figures. For example, the number “6” written in Bulgarian “шест” is applied to represent the Bulgarian letter “ш.” Bulgarian immigrants therefore employ very specific codes of communication that enhance the feeling of belonging to a community that shares the same language, which is often incomprehensible to others. As the ultimate social networking website, Facebook brings together Bulgarians from all over the world and offers them a space to preserve online memorials and digital archives. As a result, the Bulgarian diaspora privileges this website in order to manage the strong links between its members. Indeed, within months of coming into online existence, Facebook established itself as a powerful social phenomenon for the Bulgarian diaspora and, very soon, a virtual map of the Bulgarian diaspora was formed. It should be noted, however, that this mapping was focused on the new generation of Bulgarian migrants more familiar with the Internet and most likely to travel. By identifying the presence of online groups by country or city, I was able to locate the most active Bulgarian communities: “Bulgarians in UK” (524 members), “Bulgarians in Chicago” (436 members), “Bulgarians studying in the UK” (346 members), “Bulgarians in America” (333 members), “Bulgarians in the USA” (314 members), “Bulgarians in Montreal” (249 members), “Bulgarians in Munich” (241 members), and so on. These figures are based on the “Groups” Application of Facebook as updated in February 2010. Through those groups, a symbolic diasporic geography is imagined and communicated: the digital “border crossing,” as well as the real one, becomes a major identity resource. Thus, Bulgarian users of Facebook are connecting from the four corners of the globe in order to rebuild family links and to participate virtually in the marriages, births, and lives of their families. It sometimes seems that the whole country has an appointment on Facebook, and that all the photos and stories of Bulgarians are more or less accessible to the community in general. Among its virtual initiatives, Facebook has made available to its users an effective mobilising tool, the Causes, which is used as a virtual noticeboard for activities and ideas circulating in “real life.” The members of the Bulgarian diaspora choose to adhere to different “causes” that may be local, national, or global, and that are complementary to the civic and socially responsible side of the identity they have chosen to construct online. Acting as a virtual realm in which distinct and overlapping trajectories coexist, Facebook thus enables users to articulate different stories and meanings and to foster a democratic imaginary about both the past and the future. Facebook encourages diasporas to produce new initiatives to revive or create collective memories and common values. Through photos and videos, scenes of everyday life are celebrated and manipulated as tools to reconstruct, reconcile, and display a part of the history and the identity of the migrant. By combating the feelings of disorientation, the consciousness of sharing the same national background and culture facilitates dialogue and neutralises the anxiety and loneliness of Bulgarian migrants. When cultural differences become more acute, the sense of isolation increases and this encourages migrants to look for company and solidarity online. As the number of immigrants connected and visible on Facebook gets larger, so the use of the Internet heightens their sense of a substantial collective identity. This is especially important for migrants during the early years of relocation when their sense of identity is most fragile. It can therefore be argued that, through the Internet, some Bulgarian migrants are replacing alienating face-to-face contact with virtual friends and enjoying the feeling of reassurance and belonging to a transnational community of compatriots. In this sense, Facebook is a propitious ground for the establishment of the three identity strategies defined by Herzfeld: cultural intimacy (or self-stereotypes); structural nostalgia (the evocation of a time when everything was going better); and the social poetic (the strategies aiming to retrieve a particular advantage and turn it into a permanent condition). In this way, the willingness to remain continuously in virtual contact with other Bulgarians often reveals a desire to return to the place of birth. Nostalgia and outsourcing of such sentiments help migrants to cope with feelings of frustration and disappointment. I observed that it is just after their return from summer holidays spent in Bulgaria that members of the Bulgarian diaspora are most active on the Bulgarian forums and pages on Facebook. The “return tourism” (Fourcade) during the summer or for the winter holidays seems to be a central theme in the forums on Facebook and an important source of emotional refuelling. Tensions between identities can also lead to creative formulations through Facebook’s pages. Thus, the group “You know you’re a Bulgarian when...”, which enjoys very active participation from the Bulgarian diaspora, is a space where everyone is invited to share, through a single sentence, some fact of everyday life with which all Bulgarians can identify. With humour and self-irony, this Facebook page demonstrates what is distinctive about being Bulgarian but also highlights frustration with certain prejudices and stereotypes. Frequently these profiles are characterised by seemingly “glocal” features. The same Bulgarian user could define himself as a Parisian, adhering to the group “You know you’re from Paris when...”, but also a native of a Bulgarian town (“You know you’re from Varna when...”). At the same time, he is an architect (“All architects on Facebook”), supporting the candidacy of Barack Obama, a fan of Japanese manga (“maNga”), of a French actor, an American cinema director, or Indian food. He joins a cause to save a wild beach on the Black Sea coast (“We love camping: Gradina Smokinia and Arapia”) and protests virtually against the slaughter of dolphins in the Faroe Islands (“World shame”). One month, the individual could identify as Bulgarian, but next month he might choose to locate himself in the country in which he is now resident. Thus, Facebook creates a virtual territory without borders for the cosmopolitan subject (Negroponte) and this confirms the premise that the Internet does not lead to the convergence of cultures, but rather confirms the opportunities for diversification and pluralism through multiple social and national affiliations. Facebook must therefore be seen as an advantageous space for the representation and interpretation of identity and for performance and digital existence. Bulgarian migrants bring together elements of their offline lives in order to construct, online, entirely new composite identities. The Bulgarians we have studied as part of this research almost never use pseudonyms and do not seem to feel the need to hide their material identities. This suggests that they are mature people who value their status as migrants of Bulgarian origin and who feel confident in presenting their natal identities rather than hiding behind a false name. Starting from this material social/national identity, which is revealed through the display of surname with a Slavic consonance, members of the Bulgarian diaspora choose to manage their complex virtual identities online. Conclusion Far from their homeland, beset with feelings of insecurity and alienation as well as daily experiences of social and cultural exclusion (much of it stemming from an ongoing prejudice towards citizens from ex-communist countries), it is no wonder that migrants from Bulgaria find relief in meeting up with compatriots in front of their screens. Although some migrants assume their Bulgarian identity as a mixture of different cultures and are trying to rethink and continuously negotiate their cultural practices (often through the display of contradictory feelings and identifications), others identify with an imagined community and enjoy drawing boundaries between what is “Bulgarian” and what is not. The indispensable daily visit to Facebook is clearly a means of forging an ongoing sense of belonging to the Bulgarian community scattered across the globe. Facebook makes possible the double presence of Bulgarian immigrants both here and there and facilitates the ongoing processes of identity construction that depend, more and more, upon new media. In this respect, the role that Facebook plays in the life of the Bulgarian diaspora may be seen as a facet of an increasingly dynamic transnational world in which interactive media may be seen to contribute creatively to the formation of collective identities and the deformation of monolithic cultures. References Anderson, Benedict. L’Imaginaire National: Réflexions sur l’Origine et l’Essor du Nationalisme. Paris: La Découverte, 1983. Appadurai, Ajun. Après le Colonialisme: Les Conséquences Culturelles de la Globalisation. Paris: Payot, 2001. Bernal, Victoria. “Diaspora, Cyberspace and Political Imagination: The Eritrean Diaspora Online.” Global Network 6 (2006): 161-79. boyd, danah. “Social Network Sites: Public, Private, or What?” Knowledge Tree (May 2007). Cohen, Robin. Global Diasporas: An Introduction. London: University College London Press. 1997. Goffman, Erving. La Présentation de Soi. Paris: Editions de Minuit, Collection Le Sens Commun, 1973. Fourcade, Marie-Blanche. “De l’Arménie au Québec: Itinéraires de Souvenirs Touristiques.” Ethnologies 27.1 (2005): 245-76. Freud, Sigmund. “Psychologie des Foules et Analyses du Moi.” Essais de Psychanalyse. Paris: Petite Bibliothèque Payot, 2001 (1921). Herzfeld, Michael. Intimité Culturelle. Presse de l’Université de Laval, 2008. Karim, Karim-Haiderali. The Media of Diaspora. Oxford: Routledge, 2003. Marcheva, Marta. “Bulgarian Diaspora and the Media Treatment of Bulgaria in the French, Italian and North American Press (1992–2007).” Unpublished PhD dissertation. Paris: University Panthéon – Assas Paris 2, 2010. Mead, George Herbert. L’Esprit, le Soi et la Société. Paris: PUF, 2006. Negroponte, Nicholas. Being Digital. Vintage, 2005. Soultanova, Ralitza. “Les Migrations Multiples de la Population Bulgare.” Actes du Dolloque «La France et les Migrants des Balkans: Un État des Lieux.” Paris: Courrier des Balkans, 2005. Srinivasan, Ramesh, and Ajit Pyati. “Diasporic Information Environments: Reframing Immigrant-Focused Information Research.” Journal of the American Society for Information Science and Technology 58.12 (2007): 1734-44. Todorov, Tzvetan. Nous et les Autres: La Réflexion Française sur la Diversité Humaine. Paris: Seuil, 1989.

IntroductionOn 4 December 2016, a man entered a Washington, D.C., pizza parlor armed with an AR-15 assault rifle in an attempt to save the victims of an alleged satanic pedophilia ring run by prominent members of the Democratic Party. While the story had already been discredited (LaCapria), at the time of the incident, nearly half of Trump voters were found to give a measure of credence to the same rumors that had apparently inspired the gunman (Frankovic). Was we will discuss here, the bizarre conspiracy theory known as "Pizzagate" had in fact originated a month earlier on 4chan/pol/, a message forum whose very raison d’être is to protest against “political correctness” of the liberal establishment, and which had recently become a hub for “loose coordination” amongst members the insurgent US ‘alt-right’ movement (Hawley 48). Over a period of 25 hours beginning on 3 November 2016, contributors to the /pol/ forum combed through a cache of private e-mails belonging to Hillary Clinton’s campaign manager John Podesta, obtained by Russian hackers (Franceschi-Bicchierai) and leaked by Julian Assange (Wikileaks). In this short time period contributors to the forum thus constructed the basic elements of a narrative that would be amplified by a newly formed “right-wing media network”, in which the “repetition, variation, and circulation” of “repeated falsehoods” may be understood as an “important driver towards a ‘post-truth’ world” (Benkler et al). Heavily promoted by a new class of right-wing pundits on Twitter (Wendling), the case of Pizzagate prompts us to reconsider the presumed progressive valence of social media protest (Zuckerman).While there is literature, both popular and academic, on earlier protest movements associated with 4chan (Stryker; Olson; Coleman; Phillips), there is still a relative paucity of empirical research into the newer forms of alt-right collective action that have emerged from 4chan. And while there have been journalistic exposés tracing the dissemination of the Pizzagate rumors across social media as well as deconstructing its bizarre narrative (Fisher et al.; Aisch; Robb), as of yet there has been no rigorous analysis of the provenance of this particular story. This article thus provides an empirical study of how the Pizzagate conspiracy theory developed out of a particular set of collective action techniques that were in turn shaped by the material affordances of 4chan’s most active message board, the notorious and highly offensive /pol/.Grammatised Collective ActionOur empirical approach is partially inspired by the limited data-scientific literature of 4chan (Bernstein et al.; Hine et al.; Zannettou et al.), and combines close and distant reading techniques to study how the technical design of 4chan ‘grammatises’ new forms of collective action. Our coinage of grammatised collective action is based on the notion of “grammars of action” from the field of critical information studies, which posits the radical idea that innovations in computational systems can also be understood as “ontological advances” (Agre 749), insofar as computation tends to break the flux of human activity into discrete elements. By introducing this concept our intent is not to minimise individual agency, but rather to emphasise the ways in which computational systems can be conceptualised in terms of an individ­ual-milieu dyad where the “individual carries with it a certain inheritance […] animated by all the potentials that characterise [...] the structure of a physical system” (Simondon 306). Our argument is that grammatisation may be thought to create new kinds of niches, or affordances, for new forms of sociality and, crucially, new forms of collective action — in the case of 4chan/pol/, how anonymity and ephemerality may be thought to afford a kind of post-truth protest.Affordance was initially proposed as a means by which to overcome the dualistic tendency, inherited from phenomenology, to bracket the subject from its environment. Thus, affordance is a relational concept “equally a fact of the environment and a fact of behaviour” (Gibson 129). While, in the strictly materialist sense affordances are “always there” (Gibson 132), their capacity to shape action depends upon their discovery and exploitation by particular forms of life that are capable of perceiving them. It is axiomatic within ethology that forms of life can be understood to thrive in their own dynamic, yet in some real sense ontologically distinct, lifeworlds (von Uexküll). Departing from this axiom, affordances can thus be defined, somewhat confusingly but accurately, as an “invariant combination of variables” (Gibson 134). In the case of new media, the same technological object may afford different actions for specific users — for instance, the uses of an online platform appears differently from the perspective of the individual users, businesses, or a developer (Gillespie). Recent literature within the field of new media has sought to engage with this concept of affordance as the methodological basis for attending to “the specificity of platforms” (Bucher and Helmond 242), for example by focussing on how a platform’s affordances may be used as a "mechanism of governance" (Crawford and Gillespie 411), how they may "foster democratic deliberation" (Halpern and Gibbs 1159), and be implicated in the "production of normativity" (Stanfill 1061).As an anonymous and essentially ephemeral peer-produced image-board, 4chan has a quite simple technical design when compared with the dominant social media platforms discussed in the new media literature on affordances. Paradoxically however in the simplicity of their design 4chan boards may be understood to afford rather complex forms of self-expression and of coordinated action amongst their dedicated users, whom refer to themselves as "anons". It has been noted, for example, that the production of provocative Internet memes on 4chan’s /b/ board — the birthplace of Rickrolling — could be understood as a type of "contested cultural capital", whose “media literate” usage allows anons to demonstrate their in-group status in the absence of any persistent reputational capital (Nissenbaum and Shiffman). In order to appreciate how 4chan grammatises action it is thus useful to study its characteristic affordances, the most notable of which is its renowned anonymity. We should thus begin by noting how the design of the site allows anyone to post anything virtually anonymously so long as comments remain on topic for the given board. Indeed, it was this particular affordance that informed the emergence of the collective identity of the hacktivist group “Anonymous”, some ten years before 4chan became publicly associated with the rise of the alt-right.In addition to anonymity the other affordance that makes 4chan particularly unique is ephemerality. As stated, the design of 4chan is quite straightforward. Anons post comments to ongoing threaded discussions, which start with an original post. Threads with the most recent comments appear first in order at the top of a given board, which result in the previous threads getting pushed down the page. Even in the case of the most popular threads 4chan boards only allow a finite number of comments before threads must be purged. As a result of this design, no matter how popular a discussion might be, once having reached the bump-limit threads expire, moving down the front page onto the second and third page either to be temporarily catalogued or else to disappear from the site altogether (see Image 1 for how popular threads on /pol/, represented in red, are purged after reaching the bump-limit).Image 1: 55 minutes of all 4chan/pol/ threads and their positions, sampled every 2 minutes (Hagen)Adding to this ephemerality, general discussion on 4chan is also governed by moderators — this in spite of 4chan’s anarchic reputation — who are uniquely empowered with the ability to effectively kill a thread, or a series of threads. Autosaging, one of the possible techniques available to moderators, is usually only exerted in instances when the discussion is deemed as being off-topic or inappropriate. As a result of the combined affordances, discussions can be extremely rapid and intense — in the case of the creation of Pizzagate, this process took 25 hours (see Tokmetzis for an account based on our research).The combination of 4chan’s unique affordances of anonymity and ephemerality brings us to a third factor that is crucial in order to understand how it is that 4chan anons cooked-up the Pizzagate story: the general thread. This process involves anons combing through previous discussion threads in order to create a new thread that compiles all the salient details on a given topic often archiving this data with services like Pastebin — an online content hosting service usually used to share snippets of code — or Google Docs since the latter tend to be less ephemeral than 4chan.In addition to keeping a conversation alive after a thread has been purged, in the case of Pizzagate we noticed that general threads were crucial to the process of framing those discussions going forward. While multiple general threads might emerge on a given topic, only one will consolidate the ongoing conversation thereby affording significant authority to a single author (as opposed to the anonymous mass) in terms of deciding on which parts of a prior thread to include or exclude. While general threads occur relatively commonly in 4chan, in the case of Pizzagate, this process seemed to take on the form of a real-time collective research effort that we will refer to as bullshit accumulation.The analytic philosopher Harry Frankfurt argues that bullshit is form of knowledge-production that appears unconcerned with objective truth, and as such can be distinguished from misinformation. Frankfurt sees bullshit as “more ambitious” than misinformation defining it as “panoramic rather than particular” since it is also prepared to “fake the context”, which in his estimation makes bullshit a “greater enemy of the truth” than lies (62, 52). Through an investigation into the origins of Pizzagate on /pol/, we thus are able to understand how grammatised collective action assists in the accumulation of bullshit in the service of a kind of post-truth political protest.Bullshit Accumulation4chan has a pragmatic and paradoxical relationship with belief that has be characterised in terms of kind of quasi-religious ironic collectivism (Burton). Because of this "weaponizing [of] irony" (Wilson) it is difficult to objectively determine to what extent anons actually believed that Pizzagate was real, and in a sense it is beside the point. In combination then with the site’s aforementioned affordances, it is this peculiar relationship with the truth which thus makes /pol/ so uniquely productive of bullshit. Image 2: Original pizzagate post on 4chan/pol/When #Pizzagate started trending on Twitter on 4 November 2017, it became clear that much of the narrative, and in particular the ‘pizza connection’, was based on arcane (if not simply ridiculous) interpretations of a cache of e-mails belonging to Hillary Clinton’s campaign manager John Podesta released by Wikileaks during the final weeks of the campaign. While many of the subsequent journalistic exposé would claim that Pizzagate began on 4chan, they did not explore its origins, perhaps because of the fact that 4chan does not consistently archive its threads. Our analysis overcame this obstacle by using a third party archive, Archive4plebs, which allowed us to pinpoint the first instance of a thread (/pol/) that discussed a connection between the keyword “pizza” and the leaked e-mails (Image 2).Image 3: 4chan/pol/ Pizzagate general threadsStarting with the timestamp of the first thread, we identified a total of 18 additional general threads related to the topic of Pizzagate (see Image 3). This establishes a 25-hour timeframe in which the Pizzagate narrative was formed (from Wednesday 2 November 2016, 22:17:20, until Thursday 3 November 2016, 23:24:01). We developed a timeline (Image 4) identifying 13 key moments in the development of the Pizzagate story such as the first attempts at disseminating the narrative to other platforms such as the Reddit forum r/The_Donald a popular forum whose reactionary politics had arguably set the broader tone for the Trump campaign (Heikkila).Image 4: timeline of the birth of Pizzagate. Design by Elena Aversa, information design student at Density Design Lab.The association between the Clinton campaign and pedophilia came from another narrative on 4chan known as ‘Orgy Island’, which alleged the Clintons flew to a secret island for sex tourism aboard a private jet called "Lolita Express" owned by Jeffrey Epstein, an American financier who had served 13 months in prison for soliciting an underage prostitute. As with the Pizzagate story, this narrative also appears to have developed through the shared infrastructure of Pastebin links included in general posts (Pastebin) often alongside Wikileaks links.Image 5: Clues about “pizza” being investigatedOrgy Island and other stories were thus combined together with ‘clues’, many of which were found in the leaked Podesta e-mails, in order to imagine the connections between pedophila and pizza. It was noticed that several of Podesta’s e-mails, for example, mentioned the phrase ‘cheese pizza’ (see Image 5), which on 4chan had long been used as a code word for ‘child pornography’ , the latter which is banned from the site.Image 6: leaked Podesta e-mail from Marina AbramovicIn another leaked e-mail, for example, sent to Podesta from the renowned performance artist Marina Abramovich (see Image 6), a reference to one of her art projects, entitled ‘Spirit Cooking’ — an oblique reference to the mid-century English occultist Aleister Crowley — was interpreted as evidence of Clinton’s involvement in satanic rituals (see Image 7). In the course of this one-day period then, many if not most of the coordinates for the Pizzagate narrative were thus put into place subsequently to be amplified by a new breed of populist social media activists in protest against a corrupt Democratic establishment.Image 7: /pol/ anon’s reaction to the e-mail in Image 6During its initial inception on /pol/, there was the apparent need for visualisations in order make sense of all the data. Quite early on in the process, for example, one anon posted:my brain is exploding trying to organize the connections. Anyone have diagrams of these connections?In response, anons produced numerous conspiratorial visualisations, such as a map featuring all the child-related businesses in the neighbourhood of the D.C. pizza parlor — owned by the boyfriend of the prominent Democratic strategist David Brock — which seemed to have logos of the same general shape as the symbols apparently used by pedophiles, and whose locations seems furthermore to line up in the shape of a satanic pentagram (see Image 8). Such visualisations appear to have served three purposes: they helped anons to identify connections, they helped them circumvent 4chan’s purging process — indeed they were often hosted on third-party sites such as Imgur — and finally they helped anons to ultimately communicate the Pizzagate narrative to a broader audience.Image 8. Anonymously authored Pizzagate map revealing a secret pedophilia network in D.C.By using an inductive approach to categorise the comments in the general threads a set of non-exclusive codes emerged, which can be grouped into five overarching categories: researching, interpreting, soliciting, archiving and publishing. As visualised in Image 9, the techniques used by anons in the genesis of Pizzagate appears as a kind of vernacular rendition of many of the same “digital methods” that we use as Internet researchers. An analysis of these techniques thus helps us to understanding how a grammatised form of collective action arises out of anons’ negotiations with the affordances of 4chan — most notably the constant purging of threads — and how, in special circumstances, this can lead to bullshit accumulation.Image 9: vernacular digital methods on /pol/ ConclusionWhat this analysis ultimately reveals is how 4chan/pol/’s ephemerality affordance contributed to an environment that is remarkably productive of bullshit. As a type of knowledge-accumulation, bullshit confirms preconceived biases through appealing to emotion — this at the expense of the broader shared epistemic principles, an objective notion of “truth” that arguably forms the foundation for public reason in large and complex liberal societies (Lynch). In this sense, the bullshit of Pizzagate resonates with Hannah Arendt’s analysis of totalitarian discourse which nurtures a conspiratorial redefining of emotional truth as “whatever respectable society had hypocritically passed over, or covered with corruption" (49).As right-wing populism establishes itself evermore firmly in many countries in which technocratic liberalism had formerly held sway, the demand for emotionally satisfying post-truth, will surely keep the new online bullshit factories like /pol/ in business. Yet, while the same figures who initially assiduously sought to promote Pizzagate have subsequently tried to distance themselves from the story (Doubeck; Colbourn), Pizzagate continues to live on in certain ‘alternative facts’ communities (Voat).If we conceptualise the notion of a ‘public’ as a local and transient entity that is, above all, defined by its active engagement with a given ‘issue’ (Marres), then perhaps we should consider Pizzagate as representing a new post-truth species of issue-public. Indeed, one could go so far as to argue that, in the era of post-truth, the very ‘reality’ of contemporary issues-publics are increasingly becoming a function of their what communities want to believe. Such a neopragmatist theory might even be used to support the post-truth claim — as produced by the grammatised collective actions of 4chan anons in the course of a single day — that Pizzagate is real!References Agre, Phillip E. “Surveillance and Capture.” The New Media Reader. Eds. 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The term “coffee palace” was primarily used in Australia to describe the temperance hotels that were built in the last decades of the 19th century, although there are references to the term also being used to a lesser extent in the United Kingdom (Denby 174). Built in response to the worldwide temperance movement, which reached its pinnacle in the 1880s in Australia, coffee palaces were hotels that did not serve alcohol. This was a unique time in Australia’s architectural development as the economic boom fuelled by the gold rush in the 1850s, and the demand for ostentatious display that gathered momentum during the following years, afforded the use of richly ornamental High Victorian architecture and resulted in very majestic structures; hence the term “palace” (Freeland 121). The often multi-storied coffee palaces were found in every capital city as well as regional areas such as Geelong and Broken Hill, and locales as remote as Maria Island on the east coast of Tasmania. Presented as upholding family values and discouraging drunkenness, the coffee palaces were most popular in seaside resorts such as Barwon Heads in Victoria, where they catered to families. Coffee palaces were also constructed on a grand scale to provide accommodation for international and interstate visitors attending the international exhibitions held in Sydney (1879) and Melbourne (1880 and 1888). While the temperance movement lasted well over 100 years, the life of coffee palaces was relatively short-lived. Nevertheless, coffee palaces were very much part of Australia’s cultural landscape. In this article, I examine the rise and demise of coffee palaces associated with the temperance movement and argue that coffee palaces established in the name of abstinence were modelled on the coffee houses that spread throughout Europe and North America in the 17th and 18th centuries during the Enlightenment—a time when the human mind could be said to have been liberated from inebriation and the dogmatic state of ignorance. The Temperance Movement At a time when newspapers are full of lurid stories about binge-drinking and the alleged ill-effects of the liberalisation of licensing laws, as well as concerns over the growing trend of marketing easy-to-drink products (such as the so-called “alcopops”) to teenagers, it is difficult to think of a period when the total suppression of the alcohol trade was seriously debated in Australia. The cause of temperance has almost completely vanished from view, yet for well over a century—from 1830 to the outbreak of the Second World War—the control or even total abolition of the liquor trade was a major political issue—one that split the country, brought thousands onto the streets in demonstrations, and influenced the outcome of elections. Between 1911 and 1925 referenda to either limit or prohibit the sale of alcohol were held in most States. While moves to bring about abolition failed, Fitzgerald notes that almost one in three Australian voters expressed their support for prohibition of alcohol in their State (145). Today, the temperance movement’s platform has largely been forgotten, killed off by the practical example of the United States, where prohibition of the legal sale of alcohol served only to hand control of the liquor traffic to organised crime. Coffee Houses and the Enlightenment Although tea has long been considered the beverage of sobriety, it was coffee that came to be regarded as the very antithesis of alcohol. When the first coffee house opened in London in the early 1650s, customers were bewildered by this strange new drink from the Middle East—hot, bitter, and black as soot. But those who tried coffee were, reports Ellis, soon won over, and coffee houses were opened across London, Oxford, and Cambridge and, in the following decades, Europe and North America. Tea, equally exotic, entered the English market slightly later than coffee (in 1664), but was more expensive and remained a rarity long after coffee had become ubiquitous in London (Ellis 123-24). The impact of the introduction of coffee into Europe during the seventeenth century was particularly noticeable since the most common beverages of the time, even at breakfast, were weak “small beer” and wine. Both were safer to drink than water, which was liable to be contaminated. Coffee, like beer, was made using boiled water and, therefore, provided a new and safe alternative to alcoholic drinks. There was also the added benefit that those who drank coffee instead of alcohol began the day alert rather than mildly inebriated (Standage 135). It was also thought that coffee had a stimulating effect upon the “nervous system,” so much so that the French called coffee une boisson intellectuelle (an intellectual beverage), because of its stimulating effect on the brain (Muskett 71). In Oxford, the British called their coffee houses “penny universities,” a penny then being the price of a cup of coffee (Standage 158). Coffee houses were, moreover, more than places that sold coffee. Unlike other institutions of the period, rank and birth had no place (Ellis 59). The coffee house became the centre of urban life, creating a distinctive social culture by treating all customers as equals. Egalitarianism, however, did not extend to women—at least not in London. Around its egalitarian (but male) tables, merchants discussed and conducted business, writers and poets held discussions, scientists demonstrated experiments, and philosophers deliberated ideas and reforms. For the price of a cup (or “dish” as it was then known) of coffee, a man could read the latest pamphlets and newsletters, chat with other patrons, strike business deals, keep up with the latest political gossip, find out what other people thought of a new book, or take part in literary or philosophical discussions. Like today’s Internet, Twitter, and Facebook, Europe’s coffee houses functioned as an information network where ideas circulated and spread from coffee house to coffee house. In this way, drinking coffee in the coffee house became a metaphor for people getting together to share ideas in a sober environment, a concept that remains today. According to Standage, this information network fuelled the Enlightenment (133), prompting an explosion of creativity. Coffee houses provided an entirely new environment for political, financial, scientific, and literary change, as people gathered, discussed, and debated issues within their walls. Entrepreneurs and scientists teamed up to form companies to exploit new inventions and discoveries in manufacturing and mining, paving the way for the Industrial Revolution (Standage 163). The stock market and insurance companies also had their birth in the coffee house. As a result, coffee was seen to be the epitome of modernity and progress and, as such, was the ideal beverage for the Age of Reason. By the 19th century, however, the era of coffee houses had passed. Most of them had evolved into exclusive men’s clubs, each geared towards a certain segment of society. Tea was now more affordable and fashionable, and teahouses, which drew clientele from both sexes, began to grow in popularity. Tea, however, had always been Australia’s most popular non-alcoholic drink. Tea (and coffee) along with other alien plants had been part of the cargo unloaded onto Australian shores with the First Fleet in 1788. Coffee, mainly from Brazil and Jamaica, remained a constant import but was taxed more heavily than tea and was, therefore, more expensive. Furthermore, tea was much easier to make than coffee. To brew tea, all that is needed is to add boiling water, coffee, in contrast, required roasting, grinding and brewing. According to Symons, until the 1930s, Australians were the largest consumers of tea in the world (19). In spite of this, and as coffee, since its introduction into Europe, was regarded as the antidote to alcohol, the temperance movement established coffee palaces. In the early 1870s in Britain, the temperance movement had revived the coffee house to provide an alternative to the gin taverns that were so attractive to the working classes of the Industrial Age (Clarke 5). Unlike the earlier coffee house, this revived incarnation provided accommodation and was open to men, women and children. “Cheap and wholesome food,” was available as well as reading rooms supplied with newspapers and periodicals, and games and smoking rooms (Clarke 20). In Australia, coffee palaces did not seek the working classes, as clientele: at least in the cities they were largely for the nouveau riche. Coffee Palaces The discovery of gold in 1851 changed the direction of the Australian economy. An investment boom followed, with an influx of foreign funds and English banks lending freely to colonial speculators. By the 1880s, the manufacturing and construction sectors of the economy boomed and land prices were highly inflated. Governments shared in the wealth and ploughed money into urban infrastructure, particularly railways. Spurred on by these positive economic conditions and the newly extended inter-colonial rail network, international exhibitions were held in both Sydney and Melbourne. To celebrate modern technology and design in an industrial age, international exhibitions were phenomena that had spread throughout Europe and much of the world from the mid-19th century. According to Davison, exhibitions were “integral to the culture of nineteenth century industrialising societies” (158). In particular, these exhibitions provided the colonies with an opportunity to demonstrate to the world their economic power and achievements in the sciences, the arts and education, as well as to promote their commerce and industry. Massive purpose-built buildings were constructed to house the exhibition halls. In Sydney, the Garden Palace was erected in the Botanic Gardens for the 1879 Exhibition (it burnt down in 1882). In Melbourne, the Royal Exhibition Building, now a World Heritage site, was built in the Carlton Gardens for the 1880 Exhibition and extended for the 1888 Centennial Exhibition. Accommodation was required for the some one million interstate and international visitors who were to pass through the gates of the Garden Palace in Sydney. To meet this need, the temperance movement, keen to provide alternative accommodation to licensed hotels, backed the establishment of Sydney’s coffee palaces. The Sydney Coffee Palace Hotel Company was formed in 1878 to operate and manage a number of coffee palaces constructed during the 1870s. These were designed to compete with hotels by “offering all the ordinary advantages of those establishments without the allurements of the drink” (Murdoch). Coffee palaces were much more than ordinary hotels—they were often multi-purpose or mixed-use buildings that included a large number of rooms for accommodation as well as ballrooms and other leisure facilities to attract people away from pubs. As the Australian Town and Country Journal reveals, their services included the supply of affordable, wholesome food, either in the form of regular meals or occasional refreshments, cooked in kitchens fitted with the latest in culinary accoutrements. These “culinary temples” also provided smoking rooms, chess and billiard rooms, and rooms where people could read books, periodicals and all the local and national papers for free (121). Similar to the coffee houses of the Enlightenment, the coffee palaces brought businessmen, artists, writers, engineers, and scientists attending the exhibitions together to eat and drink (non-alcoholic), socialise and conduct business. The Johnson’s Temperance Coffee Palace located in York Street in Sydney produced a practical guide for potential investors and businessmen titled International Exhibition Visitors Pocket Guide to Sydney. It included information on the location of government departments, educational institutions, hospitals, charitable organisations, and embassies, as well as a list of the tariffs on goods from food to opium (1–17). Women, particularly the Woman’s Christian Temperance Union (WCTU) were a formidable force in the temperance movement (intemperance was generally regarded as a male problem and, more specifically, a husband problem). Murdoch argues, however, that much of the success of the push to establish coffee palaces was due to male politicians with business interests, such as the one-time Victorian premiere James Munro. Considered a stern, moral church-going leader, Munro expanded the temperance movement into a fanatical force with extraordinary power, which is perhaps why the temperance movement had its greatest following in Victoria (Murdoch). Several prestigious hotels were constructed to provide accommodation for visitors to the international exhibitions in Melbourne. Munro was responsible for building many of the city’s coffee palaces, including the Victoria (1880) and the Federal Coffee Palace (1888) in Collins Street. After establishing the Grand Coffee Palace Company, Munro took over the Grand Hotel (now the Windsor) in 1886. Munro expanded the hotel to accommodate some of the two million visitors who were to attend the Centenary Exhibition, renamed it the Grand Coffee Palace, and ceremoniously burnt its liquor licence at the official opening (Murdoch). By 1888 there were more than 50 coffee palaces in the city of Melbourne alone and Munro held thousands of shares in coffee palaces, including those in Geelong and Broken Hill. With its opening planned to commemorate the centenary of the founding of Australia and the 1888 International Exhibition, the construction of the Federal Coffee Palace, one of the largest hotels in Australia, was perhaps the greatest monument to the temperance movement. Designed in the French Renaissance style, the façade was embellished with statues, griffins and Venus in a chariot drawn by four seahorses. The building was crowned with an iron-framed domed tower. New passenger elevators—first demonstrated at the Sydney Exhibition—allowed the building to soar to seven storeys. According to the Federal Coffee Palace Visitor’s Guide, which was presented to every visitor, there were three lifts for passengers and others for luggage. Bedrooms were located on the top five floors, while the stately ground and first floors contained majestic dining, lounge, sitting, smoking, writing, and billiard rooms. There were electric service bells, gaslights, and kitchens “fitted with the most approved inventions for aiding proficients [sic] in the culinary arts,” while the luxury brand Pears soap was used in the lavatories and bathrooms (16–17). In 1891, a spectacular financial crash brought the economic boom to an abrupt end. The British economy was in crisis and to meet the predicament, English banks withdrew their funds in Australia. There was a wholesale collapse of building companies, mortgage banks and other financial institutions during 1891 and 1892 and much of the banking system was halted during 1893 (Attard). Meanwhile, however, while the eastern States were in the economic doldrums, gold was discovered in 1892 at Coolgardie and Kalgoorlie in Western Australia and, within two years, the west of the continent was transformed. As gold poured back to the capital city of Perth, the long dormant settlement hurriedly caught up and began to emulate the rest of Australia, including the construction of ornately detailed coffee palaces (Freeman 130). By 1904, Perth had 20 coffee palaces. When the No. 2 Coffee Palace opened in Pitt Street, Sydney, in 1880, the Australian Town and Country Journal reported that coffee palaces were “not only fashionable, but appear to have acquired a permanent footing in Sydney” (121). The coffee palace era, however, was relatively short-lived. Driven more by reformist and economic zeal than by good business sense, many were in financial trouble when the 1890’s Depression hit. Leading figures in the temperance movement were also involved in land speculation and building societies and when these schemes collapsed, many, including Munro, were financially ruined. Many of the palaces closed or were forced to apply for liquor licences in order to stay afloat. Others developed another life after the temperance movement’s influence waned and the coffee palace fad faded, and many were later demolished to make way for more modern buildings. The Federal was licensed in 1923 and traded as the Federal Hotel until its demolition in 1973. The Victoria, however, did not succumb to a liquor licence until 1967. The Sydney Coffee Palace in Woolloomooloo became the Sydney Eye Hospital and, more recently, smart apartments. Some fine examples still survive as reminders of Australia’s social and cultural heritage. The Windsor in Melbourne’s Spring Street and the Broken Hill Hotel, a massive three-story iconic pub in the outback now called simply “The Palace,” are some examples. Tea remained the beverage of choice in Australia until the 1950s when the lifting of government controls on the importation of coffee and the influence of American foodways coincided with the arrival of espresso-loving immigrants. As Australians were introduced to the espresso machine, the short black, the cappuccino, and the café latte and (reminiscent of the Enlightenment), the post-war malaise was shed in favour of the energy and vigour of modernist thought and creativity, fuelled in at least a small part by caffeine and the emergent café culture (Teffer). Although the temperance movement’s attempt to provide an alternative to the ubiquitous pubs failed, coffee has now outstripped the consumption of tea and today’s café culture ensures that wherever coffee is consumed, there is the possibility of a continuation of the Enlightenment’s lively discussions, exchange of news, and dissemination of ideas and information in a sober environment. References Attard, Bernard. “The Economic History of Australia from 1788: An Introduction.” EH.net Encyclopedia. 5 Feb. (2012) ‹http://eh.net/encyclopedia/article/attard.australia›. Blainey, Anna. “The Prohibition and Total Abstinence Movement in Australia 1880–1910.” Food, Power and Community: Essays in the History of Food and Drink. Ed. Robert Dare. Adelaide: Wakefield Press, 1999. 142–52. Boyce, Francis Bertie. “Shall I Vote for No License?” An address delivered at the Convention of the Parramatta Branch of New South Wales Alliance, 3 September 1906. 3rd ed. Parramatta: New South Wales Alliance, 1907. Clarke, James Freeman. Coffee Houses and Coffee Palaces in England. Boston: George H. Ellis, 1882. “Coffee Palace, No. 2.” Australian Town and Country Journal. 17 Jul. 1880: 121. Davison, Graeme. “Festivals of Nationhood: The International Exhibitions.” Australian Cultural History. Eds. S. L. Goldberg and F. B. Smith. Cambridge: Cambridge UP, 1989. 158–77. Denby, Elaine. Grand Hotels: Reality and Illusion. London: Reaktion Books, 2002. Ellis, Markman. The Coffee House: A Cultural History. London: Weidenfeld & Nicolson, 2004. Federal Coffee Palace. The Federal Coffee Palace Visitors’ Guide to Melbourne, Its Suburbs, and Other Parts of the Colony of Victoria: Views of the Principal Public and Commercial Buildings in Melbourne, With a Bird’s Eye View of the City; and History of the Melbourne International Exhibition of 1880, etc. Melbourne: Federal Coffee House Company, 1888. Fitzgerald, Ross, and Trevor Jordan. Under the Influence: A History of Alcohol in Australia. Sydney: Harper Collins, 2009. Freeland, John. The Australian Pub. Melbourne: Sun Books, 1977. Johnson’s Temperance Coffee Palace. International Exhibition Visitors Pocket Guide to Sydney, Restaurant and Temperance Hotel. Sydney: Johnson’s Temperance Coffee Palace, 1879. Mitchell, Ann M. “Munro, James (1832–1908).” Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National U, 2006-12. 5 Feb. 2012 ‹http://adb.anu.edu.au/biography/munro-james-4271/text6905›. Murdoch, Sally. “Coffee Palaces.” Encyclopaedia of Melbourne. Eds. Andrew Brown-May and Shurlee Swain. 5 Feb. 2012 ‹http://www.emelbourne.net.au/biogs/EM00371b.htm›. Muskett, Philip E. The Art of Living in Australia. New South Wales: Kangaroo Press, 1987. Standage, Tom. A History of the World in 6 Glasses. New York: Walker & Company, 2005. Sydney Coffee Palace Hotel Company Limited. Memorandum of Association of the Sydney Coffee Palace Hotel Company, Ltd. Sydney: Samuel Edward Lees, 1879. Symons, Michael. One Continuous Picnic: A Gastronomic History of Australia. Melbourne: Melbourne UP, 2007. Teffer, Nicola. Coffee Customs. Exhibition Catalogue. Sydney: Customs House, 2005.

The first two months of 2021 saw Google and Facebook ‘go dark’ in terms of news content on the Australia versions of their platforms. In January, Google ran a so-called “experiment” which removed or demoted current news in the search results available to a segment of Australian users. While Google was only darkened for some, in February news on Facebook went completely dark, with the company banning all news content and news sharing for users within Australian. Both of these instances of going dark occurred because of the imminent threat these platforms faced from the News Media Bargaining Code legislation that was due to be finalised by the Australian parliament. This article examines how both Google and Facebook responded to the draft Code, focussing on their threats to go dark, and the extent to which those threats were carried out. After exploring the context which produced the threats of going dark, this article looks at their impact, and how the Code was reshaped in light of those threats before it was finally legislated in early March 2021. Most importantly, this article outlines why Google and Facebook were prepared to go dark in Australia, and whether they succeeded in trying to prevent Australia setting the precedent of national governments dictating the terms by which digital platforms should pay for news content. From the Digital Platforms Inquiry to the Draft Code In July 2019, the Australian Treasurer released the Digital Platforms Inquiry Final Report which had been prepared by the Australian Competition and Consumer Commission (ACCC). It outlined a range of areas where Australian law, policies and practices were not keeping pace with the realities of a digital world of search giants, social networks, and streaming media. Analysis of the submissions made as part of the Digital Platforms Inquiry found that the final report was “primarily framed around the concerns of media companies, particularly News Corp Australia, about the impact of platform companies’ market dominance of content distribution and advertising share, leading to unequal economic bargaining relationships and the gradual disappearance of journalism jobs and news media publishers” (Flew et al. 13). As such, one of the most provocative recommendations made was the establishment of a new code that would “address the imbalance in the bargaining relationship between leading digital platforms and news media businesses” (Australian Competition and Consumer Commission, Digital Platforms Inquiry 16). The ACCC suggested such a code would assist Australian news organisations of any size in negotiating with Facebook, Google and others for some form of payment for news content. The report was released at a time when there was a greatly increased global appetite for regulating digital platforms. Thus the battle over the Code was watched across the world as legislation that had the potential to open the door for similar laws in other countries (Flew and Wilding). Initially the report suggested that the digital giants should be asked to develop their own codes of conduct for negotiating with news organisations. These codes would have then been enforced within Australia if suitably robust. However, after months of the big digital platforms failing to produce meaningful codes of their own, the Australian government decided to commission their own rules in this arena. The ACCC thus prepared the draft legislation that was tabled in July 2020 as the Australian News Media Bargaining Code. According to the ACCC the Code, in essence, tried to create a level playing field where Australian news companies could force Google and Facebook to negotiate a ‘fair’ payment for linking to, or showing previews of, their news content. Of course, many commentators, and the platforms themselves, retorted that they already bring significant value to news companies by referring readers to news websites. While there were earlier examples of Google and Facebook paying for news, these were largely framed as philanthropy: benevolent digital giants supporting journalism for the good of democracy. News companies and the ACCC argued this approach completely ignored the fact that Google and Facebook commanded more than 80% of the online advertising market in Australia at that time (Meade, “Google, Facebook and YouTube”). Nor did the digital giants acknowledge their disruptive power given the bulk of that advertising revenue used to flow to news companies. Some of the key features of this draft of the Code included (Australian Competition and Consumer Commission, “News Media Bargaining Code”): Facebook and Google would be the (only) companies initially ‘designated’ by the Code (i.e. specific companies that must abide by the Code), with Instagram included as part of Facebook. The Code applied to all Australian news organisations, and specifically mentioned how small, regional, and rural news media would now be able to meaningfully bargain with digital platforms. Platforms would have 11 weeks after first being contacted by a news organisation to reach a mutually negotiated agreement. Failure to reach agreements would result in arbitration (using a style of arbitration called final party arbitration which has both parties present a final offer or position, with an Australian arbiter simply choosing between the two offers in most cases). Platforms were required to give 28 days notice of any change to their algorithms that would impact on the ways Australian news was ranked and appeared on their platform. Penalties for not following the Code could be ten million dollars, or 10% of the platform’s annual turnover in Australia (whichever was greater). Unsurprisingly, Facebook, Google and a number of other platforms and companies reacted very negatively to the draft Code, with their formal submissions arguing: that the algorithm change notifications would give certain news companies an unfair advantage while disrupting the platforms’ core business; that charging for linking would break the underlying free nature of the internet; that the Code overstated the importance and reach of news on each platform; and many other objections were presented, including strong rejections of the proposed model of arbitration which, they argued, completely favoured news companies without providing any real or reasonable limit on how much news organisations could ask to be paid (Google; Facebook). Google extended their argument by making a second submission in the form of a report with the title ‘The Financial Woes of News Publishers in Australia’ (Shapiro et al.) that argued Australian journalism and news was financially unsustainable long before digital platforms came along. However, in stark contrast the Digital News Report: Australia 2020 found that Google and Facebook were where many Australians found their news; in 2020, 52% of Australians accessed news on social media (up from 46% the year before), with 39% of Australians getting news from Facebook, and that number jumping to 49% when specifically focusing on news seeking during the first COVID-19 pandemic peak in April 2021 (Park et al.). The same report highlighted that 43% of people distrust news found on social media (with a further 29% neutral, and only 28% of people explicitly trusting news found via social media). Moreover, 64% of Australians were concerned about misinformation online, and of all the platforms mentioned in the survey, respondents were most concerned about Facebook as a source of misinformation, with 36% explicitly indicating this was the place they were most concerned about encountering ‘fake news’. In this context Facebook and Google battled the Code by launching a public relations campaigns, appealing directly to Australian consumers. Google Drives a Bus Across Australia Google’s initial response to the draft Code was a substantial public relations campaign which saw the technology company advocating against the Code but not necessarily the ideas behind it. Google instead posited their own alternative way of paying for journalism in Australia. On the main Google search landing page, the usually very white surrounds of the search bar included the text “Supporting Australian journalism: a constructive path forward” which linked to a Google page outlining their version of a ‘Fair Code’. Popup windows appeared across many of Google’s services and apps, noting Google “are willing to pay to support journalism”, with a button labelled ‘Hear our proposal’. Figure 1: Popup notification on Google Australia directing users to Google’s ‘A Fair Code’ proposal rebutting the draft Code. (Screen capture by author, 29 January 2021) Google’s popups and landing page links were visible for more than six months as the Code was debated. In September 2020, a Google blog post about the Code was accompanied by a YouTube video campaign featuring Australia comedian Greta Lee Jackson (Google Australia, Google Explains Arbitration). Jackson used the analogy of Google as a bus driver, who is forced to pay restaurants for delivering customers to them, and then pay part of the running costs of restaurants, too. The video reinforced Google’s argument that the draft Code was asking digital platforms to pay potentially enormous costs for news content without acknowledging the value of Google bringing readers to the news sites. However, the video opened with the line that “proposed laws can be confusing, so I'll use an analogy to break it down”, setting a tone that would seem patronising to many people. Moreover, the video, and Google’s main argument, completely ignored the personal data Google receives every time a user searches for, or clicks on, a news story via Google Search or any other Google service. If Google’s analogy was accurate, then the bus driver would be going through every passenger’s bag while they were on the bus, taking copies of all their documents from drivers licenses to loyalty cards, keeping a record of every time they use the bus, and then using this information to get advertisers to pay for a tailored advertisement on the back of the seat in front of every passenger, every time they rode the bus. Notably, by the end of March 2021, the video had only received 10,399 views, which suggests relatively few people actually clicked on it to watch. In early January 2021, at the height of the debate about the Code, Google ran what they called “an experiment” which saw around 1% of Australian users suddenly only receive “older or less relevant content” when searching for news (Barnet, “Google’s ‘Experiment’”). While ostensibly about testing options for when the Code became law, the unannounced experiment also served as a warning shot. Google very effectively reminded users and politicians about their important role in determining which news Australian users find, and what might happen if Google darkened what they returned as news results. On 21 January 2021, Mel Silva, the Managing Director and public face of Google in Australia and New Zealand gave public testimony about the company’s position before a Senate inquiry. Silva confirmed that Google were indeed considering removing Google Search in Australia altogether if the draft Code was not amended to address their key concerns (Silva, “Supporting Australian Journalism: A Constructive Path Forward An Update on the News Media Bargaining Code”). Google’s seemingly sudden escalation in their threat to go dark led to articles such as a New York Times piece entitled ‘An Australia with No Google? The Bitter Fight behind a Drastic Threat’ (Cave). Google also greatly amplified their appeal to the Australian public, with a video featuring Mel Silva appearing frequently on all Google sites in Australia to argue their position (Google Australia, An Update). By the end of March 2021, Silva’s video had been watched more than 2.2 million times on YouTube. Silva’s testimony, video and related posts from Google all characterised the Code as: breaking “how Google search works in Australia”; creating a world where links online are paid for and thus both breaking Google and “undermin[ing] how the web works”; and saw Google offer their News Showcase as a viable alternative that, in Google’s view, was “a fair one” (Silva, “Supporting Australian Journalism”). Google emphasised submissions about the Code which backed their position, including World Wide Web inventor Tim Berners-Lee who agreed that the idea of charging for links could have a more wide-reaching impact, challenging the idea of a free web (Leaver). Google also continued to release their News Showcase product in other parts of the world. They emphasised that there were existing arrangements for Showcase in Australia, but the current regulatory uncertainty meant it was paused in Australia until the debates about the Code were resolved. In the interim, news media across Australia, and the globe, were filled with stories speculating what an Australia would look like if Google went completely dark (e.g. Cave; Smyth). Even Microsoft weighed in to supporting the Code and offer their search engine Bing as a viable alternative to fill the void if Google really did go dark (Meade, “Microsoft’s Bing”). In mid-February, the draft Code was tabled in Australian parliament. Many politicians jumped at the chance to sing the Code’s praises and lament the power that Google and Facebook have across various spheres of Australian life. Yet as these speeches were happening, the Australian Treasurer Josh Frydenberg was holding weekend meetings with executives from Google and Facebook, trying to smooth the path toward the Code (Massola). In these meetings, a number of amendments were agreed to, including the Code more clearly taking in to account any existing deals already on the table before it became law. In these meetings the Treasurer made in clear to Google that if the deals done prior to the Code were big enough, he would consider not designating Google under the Code, which in effect would mean Google is not immediately subject to it (Samios and Visentin). With that concession in hand Google swiftly signed deals with over 50 Australian news publishers, including Seven West Media, Nine, News Corp, The Guardian, the ABC, and some smaller publishers such as Junkee Media (Taylor; Meade, “ABC Journalism”). While the specific details of these deals were not made public, the deals with Seven West Media and Nine were both reported to be worth around $30 million Australian dollars (Dudley-Nicholson). In reacting to Google's deals Frydenberg described them as “generous deals, these are fair deals, these are good deals for the Australian media businesses, deals that they are making off their own bat with the digital giants” (Snape, “‘These Are Good Deals’”). During the debates about the Code, Google had ultimately ensured that every Australian user was well aware that Google was, in their words, asking for a “fair” Code, and before the Code became law even the Treasurer was conceding that Google’s was offering a “fair deal” to Australian news companies. Facebook Goes Dark on News While Google never followed through on their threat to go completely dark, Facebook took a very different path, with a lot less warning. Facebook’s threat to remove all news from the platform for users in Australia was not made explicit in their formal submissions the draft of the Code. However, to be fair, Facebook’s Managing Director in Australia and New Zealand Will Easton did make a blog post at the end of August 2020 in which he clearly stated: “assuming this draft code becomes law, we will reluctantly stop allowing publishers and people in Australia from sharing local and international news on Facebook and Instagram” (Easton). During the negotiations in late 2020 Instagram was removed as an initial target of the Code (just as YouTube was not included as part of Google) along with a number of other concessions, but Facebook were not sated. Yet Easton’s post about removing news received very little attention after it was made, and certainly Facebook made no obvious attempt to inform their millions of Australian users that news might be completely blocked. Hence most Australians were shocked when that was exactly what Facebook did. Facebook’s power has, in many ways, always been exercised by what the platform’s algorithms display to users, what content is most visible and equally what content is made invisible (Bucher). The morning of Wednesday, 17 February 2021, Australian Facebook users awoke to find that all traditional news and journalism had been removed from the platform. Almost all pages associated with news organisations were similarly either disabled or wiped clean, and that any attempt to share links to news stories was met with a notification: “this post can’t be shared”. The Australian Prime Minister Scott Morrison reacted angrily, publicly lamenting Facebook’s choice to “unfriend Australia”, adding their actions were “as arrogant as they were disappointing”, vowing that Australia would “not be intimidated by big tech” (Snape, “Facebook Unrepentant”). Figure 2: Facebook notification appearing when Australians attempted to share news articles on the platform. (Screen capture by author, 20 February 2021) Facebook’s news ban in Australia was not limited to official news pages and news content. Instead, their ban initially included a range of pages and services such as the Australian Bureau of Meteorology, emergency services pages, health care pages, hospital pages, services providing vital information about the COVID-19 pandemic, and so forth. The breadth of the ban may have been purposeful, as one of Facebook’s biggest complaints was that the Code defined news too broadly (Facebook). Yet in the Australian context, where the country was wrestling with periodic lockdowns and the Coronavirus pandemic on one hand, and bushfires and floods on the other, the removal of these vital sources of information showed a complete lack of care or interest in Australian Facebook users. Beyond the immediate inconvenience of not being able to read or share news on Facebook, there were a range of other, immediate, consequences. As Barnet, amongst others, warned, a Facebook with all credible journalism banned would almost certainly open the floodgates to a tide of misinformation, with nothing left to fill the void; it made Facebook’s “public commitment to fighting misinformation look farcical” (Barnet, “Blocking Australian News”). Moreover, Bossio noted, “reputational damage from blocking important sites that serve Australia’s public interest overnight – and yet taking years to get on top of user privacy breaches and misinformation – undermines the legitimacy of the platform and its claimed civic intentions” (Bossio). If going dark and turning off news in Australia was supposed to win the sympathy of Australian Facebook users, then the plan largely backfired. Yet as with Google, the Australian Treasurer was meeting with Mark Zuckerberg and Facebook executives behind closed doors, which did eventually lead to changes before the Code was finally legislated (Massola). Facebook gained a number of concessions, including: a longer warning period before a Facebook could be designated by the Code; a longer period before news organisations would be able to expect negotiations to be concluded; an acknowledgement that existing deals would be taken in to account during negotiations; and, most importantly, a clarification that if Facebook was to once again block news this would both prevent them being subject to the Code and was not be something the platform could be punished for. Like Google, though, Facebook’s biggest gain was again the Treasurer making it clear that by making deals in advance on the Code becoming law, it was likely that Facebook would not be designated, and thus not subject to the Code at all (Samios and Visentin). After these concessions the news standoff ended and on 23 February the Australian Treasurer declared that after tense negotiations Facebook had “refriended Australia”; the company had “committed to entering into good-faith negotiations with Australian news media businesses and seeking to reach agreements to pay for content” (Visentin). Over the next month there were some concerns voiced about slow progress, but then major deals were announced between Facebook and News Corp Australia, and with Nine, with other deals following closely (Meade, “Rupert Murdoch”). Just over a week after the ban began, Facebook returned news to their platform in Australia. Facebook obviously felt they had won the battle, but Australia Facebook users were clearly cannon fodder, with their interests and wellbeing ignored. Who Won? The Immediate Aftermath of the Code After the showdowns with Google and Facebook, the final amendments to the Code were made and it was legislated as the News Media and Digital Platforms Mandatory Bargaining Code (Australian Treasury), going into effect on 2 March 2021. However, when it became legally binding, not one single company was ‘designated’, meaning that the Code did not immediately apply to anyone. Yet deals had been struck, money would flow to Australian news companies, and Facebook had returned news to its platform in Australia. At the outset, Google, Facebook, news companies in Australia and the Australian government all claimed to have won the battle over the Code. Having talked up their tough stance on big tech platforms when the Digital Platforms Inquiry landed in 2019, the Australian Government was under public pressure to deliver on that rhetoric. The debates and media coverage surrounding the Code involved a great deal of political posturing and gained much public attention. The Treasurer was delighted to see deals being struck that meant Facebook and Google would pay Australian news companies. He actively portrayed this as the government protecting Australia’s interest and democracy. The fact that the Code was leveraged as a threat does mean that the nuances of the Code are unlikely to be tested in a courtroom in the near future. Yet as a threat it was an effective one, and it does remain in the Treasurer’s toolkit, with the potential to be deployed in the future. While mostly outside the scope of this article, it should definitely be noted that the biggest winner in the Code debate was Rupert Murdoch, executive chairman of News Corp. They were the strongest advocates of regulation forcing the digital giants to pay for news in the first place, and had the most to gain and least to lose in the process. Most large news organisations in Australia have fared well, too, with new revenue flowing in from Google and Facebook. However, one of the most important facets of the Code was the inclusion of mechanisms to ensure that regional and small news publishers in Australia would be able to negotiate with Facebook and Google. While some might be able to band together and strike terms (and some already have) it is likely that many smaller news companies in Australia will miss out, since the deals being struck with the bigger news companies appear to be big enough to ensure they are not designated, and thus not subject to the Code (Purtill). A few weeks after the Code became law ACCC Chair Rod Sims stated that the “problem we’re addressing with the news media code is simply that we wanted to arrest the decline in money going to journalism” (Kohler). On that front the Code succeeded. However, there is no guarantee the deals will mean money will support actual journalists, rather than disappearing as extra corporate profits. Nor is there any onus on Facebook or Google to inform news organisations about changes to their algorithms that might impact on news rankings. Also, as many Australia news companies are now receiving payments from Google and Facebook, there is a danger the news media will become dependent on that revenue, which may make it harder for journalists to report on the big tech giants without some perceptions of a conflict of interest. In a diplomatic post about the Code, Google thanked everyone who had voiced concerns with the initial drafts of the legislation, thanked Australian users, and celebrated that their newly launched Google News Showcase had “two million views of content” with more than 70 news partners signed up within Australia (Silva, “An Update”). Given that News Showcase had already begun rolling out elsewhere in the world, it is likely Google were already aware they were going to have to contribute to the production of journalism across the globe. The cost of paying for news in Australia may well have fallen within the parameters Google had already decided were acceptable and inevitable before the debate about the Code even began (Purtill). In the aftermath of the Code becoming legislation, Google also posted a cutting critique of Microsoft, arguing they were “making self-serving claims and are even willing to break the way the open web works in an effort to undercut a rival” (Walker). In doing so, Google implicitly claimed that the concessions and changes to the Code they had managed to negotiate effectively positioned them as having championed the free and open web. At the end of February 2021, in a much more self-congratulatory post-mortem of the Code entitled “The Real Story of What Happened with News on Facebook in Australia”, Facebook reiterated their assertion that they bring significant value to news publishers and that the platform receives no real value in return, stating that in 2020 Facebook provided “approximately 5.1 billion free referrals to Australian publishers worth an estimated AU$407 million to the news industry” (Clegg). Deploying one last confused metaphor, Facebook argued the original draft of the Code was “like forcing car makers to fund radio stations because people might listen to them in the car — and letting the stations set the price.” Of course, there was no mention that following that metaphor, Facebook would have bugged the car and used that information to plaster the internal surfaces with personalised advertising. Facebook also touted the success of their Facebook News product in the UK, albeit without setting a date for the rollout of the product in Australia. While Facebook did concede that “the decision to stop the sharing of news in Australia appeared to come out of nowhere”, what the company failed to do was apologise to Australian Facebook users for the confusion and inconvenience they experienced. Nevertheless, on Facebook’s own terms, they certainly positioned themselves as having come out winners. Future research will need to determine whether Facebook’s actions damaged their reputation or encouraged significant numbers of Australians to leave the platform permanently, but in the wake of a number of high-profile scandals, including Cambridge Analytica (Vaidhyanathan), it is hard to see how Facebook’s actions would not have further undermined consumer trust in the company and their main platform (Park et al.). In fighting the Code, Google and Facebook were not just battling the Australian government, but also the implication that if they paid for news in Australia, they likely would also have to do so in other countries. The Code was thus seen as a dangerous precedent far more than just a mechanism to compel payment in Australia. Since both companies ensured they made deals prior to the Code becoming law, neither was initially ‘designated’, and thus neither were actually subject to the Code at the time of writing. The value of the Code has been as a threat and a means to force action from the digital giants. How effective it is as a piece of legislation remains to be seen in the future if, indeed, any company is ever designated. For other countries, the exact wording of the Code might not be as useful as a template, but its utility to force action has surely been noted. Like the inquiry which initiated it, the Code set “the largest digital platforms, Google and Facebook, up against the giants of traditional media, most notably Rupert Murdoch’s News Corporation” (Flew and Wilding 50). Yet in a relatively unusual turn of events, both sides of that battle claim to have won. At the same time, EU legislators watched the battle closely as they considered an “Australian-style code” of their own (Dillon). Moreover, in the month immediately following the Code being legislated, both the US and Canada were actively pursuing similar regulation (Baier) with Facebook already threatening to remove news and go dark for Canadian Facebook users (van Boom). For Facebook, and Google, the battle continues, but fighting the Code has meant the genie of paying for news content is well and truly out of the bottle. References Australian Competition and Consumer Commission. Digital Platforms Inquiry: Final Report. 25 July 2019. <https://www.accc.gov.au/focus-areas/inquiries/digital-platforms-inquiry/final-report-executive-summary>. ———. “News Media Bargaining Code: Draft Legislation.” Australian Competition and Consumer Commission, 22 July 2020. <https://www.accc.gov.au/focus-areas/digital-platforms/news-media-bargaining-code/draft-legislation>. Australian Treasury. Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021. Attorney-General’s Department, 2 Mar. 2021. <https://www.legislation.gov.au/Details/C2021A00021/Html/Text>. Baier, Jansen. “US Could Allow News Distribution Fees for Google, Facebook.” MediaFile, 31 Mar. 2021. <http://www.mediafiledc.com/us-could-allow-news-distribution-fees-for-google-facebook/>. 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“Journalists have to begin a new type of journalism, sometimes being the guide on the side of the civic conversation as well as the filter and gatekeeper.” (Kolodzy 218) “In many respects, citizen journalism is simply public journalism removed from the journalism profession.” (Barlow 181) 1. Citizen Journalism — The Latest Innovation? New Media theorists such as Dan Gillmor, Henry Jenkins, Jay Rosen and Jeff Howe have recently touted Citizen Journalism (CJ) as the latest innovation in 21st century journalism. “Participatory journalism” and “user-driven journalism” are other terms to describe CJ, which its proponents argue is a disruptive innovation (Christensen) to the agenda-setting media institutions, news values and “objective” reportage. In this essay I offer a “contrarian” view, informed by two perspectives: (1) a three-stage model of theory-building (Carlile & Christensen) to evaluate the claims made about CJ; and (2) self-reflexive research insights (Etherington) from editing the US-based news site Disinformation between November 1999 and February 2008. New media theories can potentially create “cognitive dissonance” (Festinger) when their explanations of CJ practices are compared with what actually happens (Feyerabend). First I summarise Carlile & Christensen’s model and the dangers of “bad theory” (Ghoshal). Next I consider several problems in new media theories about CJ: the notion of ‘citizen’, new media populism, parallels in event-driven and civic journalism, and mergers and acquisitions. Two ‘self-reflexive’ issues are considered: ‘pro-ams’ or ‘professional amateurs’ as a challenge to professional journalists, and CJ’s deployment in new media operations and production environments. Finally, some exploratory questions are offered for future researchers. 2. An Evaluative Framework for New Media Theories on Citizen Journalism Paul Carlile and Clayton M. Christensen’s model offers one framework with which to evaluate new media theories on CJ. This framework is used below to highlight select issues and gaps in CJ’s current frameworks and theories. Carlile & Christensen suggest that robust theory-building emerges via three stages: Descriptive, Categorisation and Normative (Carlile & Christensen). There are three sub-stages in Descriptive theory-building; namely, the observation of phenomena, inductive classification into schemas and taxonomies, and correlative relationships to develop models (Carlile & Christensen 2-5). Once causation is established, Normative theory evolves through deductive logic which is subject to Kuhnian paradigm shifts and Popperian falsifiability (Carlile & Christensen 6). Its proponents situate CJ as a Categorisation or new journalism agenda that poses a Normative challenged and Kuhnian paradigm shift to traditional journalism. Existing CJ theories jump from the Descriptive phase of observations like “smart mobs” in Japanese youth subcultures (Rheingold) to make broad claims for Categorisation such as that IndyMedia, blogs and wiki publishing systems as new media alternatives to traditional media. CJ theories then underpin normative beliefs, values and worldviews. Correlative relationships are also used to differentiate CJ from the demand side of microeconomic analysis, from the top-down editorial models of traditional media outlets, and to adopt a vanguard stance. To support this, CJ proponents cite research on emergent collective behaviour such as the “wisdom of crowds” hypothesis (Surowiecki) or peer-to-peer network “swarms” (Pesce) to provide scientific justification for their Normative theories. However, further evaluative research is needed for three reasons: the emergent collective behaviour hypothesis may not actually inform CJ practices, existing theories may have “correlation not cause” errors, and the link may be due to citation network effects between CJ theorists. Collectively, this research base also frames CJ as an “ought to” Categorisation and then proceeds to Normative theory-building (Carlile & Christensen 7). However, I argue below that this Categorisation may be premature: its observations and correlative relationships might reinforce a ‘weak’ Normative theory with limited generalisation. CJ proponents seem to imply that it can be applied anywhere and under any condition—a “statement of causality” that almost makes it a fad (Carlile & Christensen 8). CJ that relies on Classification and Normative claims will be problematic without a strong grounding in Descriptive observation. To understand what’s potentially at stake for CJ’s future consider the consider the parallel debate about curricula renewal for the Masters of Business Administration in the wake of high-profile corporate collapses such as Enron, Worldcom, HIH and OneTel. The MBA evolved as a sociological and institutional construct to justify management as a profession that is codified, differentiated and has entry barriers (Khurana). This process might partly explain the pushback that some media professionals have to CJ as one alternative. MBA programs faced criticism if they had student cohorts with little business know-how or experiential learning (Mintzberg). Enron’s collapse illustrated the ethical dilemmas and unintended consequences that occurred when “bad theories” were implemented (Ghoshal). Professional journalists are aware of this: MBA-educated managers challenged the “craft” tradition in the early 1980s (Underwood). This meant that journalism’s ‘self-image’ (Morgan; Smith) is intertwined with managerial anxieties about media conglomerates in highly competitive markets. Ironically, as noted below, Citizen Journalists who adopt a vanguard position vis-a-vis media professionals step into a more complex game with other players. However, current theories have a naïve idealism about CJ’s promise of normative social change in the face of Machiavellian agency in business, the media and politics. 3. Citizen Who? Who is the “citizen” in CJ? What is their self-awareness as a political agent? CJ proponents who use the ‘self-image’ of ‘citizen’ draw on observations from the participatory vision of open source software, peer-to-peer networks, and case studies such as Howard Dean’s 2004 bid for the Democrat Party nominee in the US Presidential election campaign (Trippi). Recent theorists note Alexander Hamilton’s tradition of civic activism (Barlow 178) which links contemporary bloggers with the Federalist Papers and early newspaper pamphlets. One unsurfaced assumption in these observations and correlations is that most bloggers will adopt a coherent political philosophy as informed citizens: a variation on Lockean utilitarianism, Rawlsian liberalism or Nader consumer activism. To date there is little discussion about how political philosophy could deepen CJ’s ‘self-image’: how to critically evaluate sources, audit and investigation processes, or strategies to deal with elites, deterrence and power. For example, although bloggers kept Valerie Plame’s ‘outing’ as a covert intelligence operative highly visible in the issues-attention cycle, it was agenda-setting media like The New York Times who the Bush Administration targeted to silence (Pearlstine). To be viable, CJ needs to evolve beyond a new media populism, perhaps into a constructivist model of agency, norms and social change (Finnemore). 4. Citizen Journalism as New Media Populism Several “precursor trends” foreshadowed CJ notably the mid-1990s interest in “cool-hunting” by new media analysts and subculture marketeers (Gibson; Gladwell). Whilst this audience focus waned with the 1995-2000 dotcom bubble it resurfaced in CJ and publisher Tim O’Reilly’s Web 2.0 vision. Thus, CJ might be viewed as new media populism that has flourished with the Web 2.0 boom. Yet if the boom becomes a macroeconomic bubble (Gross; Spar) then CJ could be written off as a “silver bullet” that ultimately failed to deliver on its promises (Brooks, Jr.). The reputations of uncritical proponents who adopted a “true believer” stance would also be damaged (Hoffer). This risk is evident if CJ is compared with a parallel trend that shares its audience focus and populist view: day traders and technical analysts who speculate on financial markets. This parallel trend provides an alternative discipline in which the populism surfaced in an earlier form (Carlile & Christensen 12). Fidelity’s Peter Lynch argues that stock pickers can use their Main Street knowledge to beat Wall Street by exploiting information asymmetries (Lynch & Rothchild). Yet Lynch’s examples came from the mid-1970s to early 1980s when indexed mutual fund strategies worked, before deregulation and macroeconomic volatility. A change in the Web 2.0 boom might similarly trigger a reconsideration of Citizen Journalism. Hedge fund maven Victor Niederhoffer contends that investors who rely on technical analysis are practicing a Comtean religion (Niederhoffer & Kenner 72-74) instead of Efficient Market Hypothesis traders who use statistical arbitrage to deal with ‘random walks’ or Behavioural Finance experts who build on Amos Tversky and Daniel Kahneman’s Prospect Theory (Kahneman & Tversky). Niederhoffer’s deeper point is that technical analysts’ belief that the “trend is your friend” is no match for the other schools, despite a mini-publishing industry and computer trading systems. There are also ontological and epistemological differences between the schools. Similarly, CJ proponents who adopt a ‘Professional Amateur’ or ‘Pro-Am’ stance (Leadbeater & Miller) may face a similar gulf when making comparisons with professional journalists and the production environments in media organisations. CJ also thrives as new media populism because of institutional vested interests. When media conglomerates cut back on cadetships and internships CJ might fill the market demand as one alternative. New media programs at New York University and others can use CJ to differentiate themselves from “hyperlocal” competitors (Christensen; Slywotzky; Christensen, Curtis & Horn). This transforms CJ from new media populism to new media institution. 5. Parallels: Event-driven & Civic Journalism For new media programs, CJ builds on two earlier traditions: the Event-driven journalism of crises like the 1991 Gulf War (Wark) and the Civic Journalism school that emerged in the 1960s social upheavals. Civic Journalism’s awareness of minorities and social issues provides the character ethic and political philosophy for many Citizen Journalists. Jay Rosen and others suggest that CJ is the next-generation heir to Civic Journalism, tracing a thread from the 1968 Chicago Democratic Convention to IndyMedia’s coverage of the 1999 “Battle in Seattle” (Rosen). Rosen’s observation could yield an interesting historiography or genealogy. Events such as the Southeast Asian tsunami on 26 December 2004 or Al Qaeda’s London bombings on 7 July 2005 are cited as examples of CJ as event-driven journalism and “pro-am collaboration” (Kolodzy 229-230). Having covered these events and Al Qaeda’s attacks on 11th September 2001, I have a slightly different view: this was more a variation on “first responder” status and handicam video footage that journalists have sourced for the past three decades when covering major disasters. This different view means that the “salience of categories” used to justify CJ and “pro-am collaboration” these events does not completely hold. Furthermore, when Citizen Journalism proponents tout Flickr and Wikipedia as models of real-time media they are building on a broader phenomenon that includes CNN’s Gulf War coverage and Bloomberg’s dominance of financial news (Loomis). 6. The Mergers & Acquisitions Scenario CJ proponents often express anxieties about the resilience of their outlets in the face of predatory venture capital firms who initiate Mergers & Acquisitions (M&A) activities. Ironically, these venture capital firms have core competencies and expertise in the event-driven infrastructure and real-time media that CJ aspires to. Sequoia Capital and other venture capital firms have evaluative frameworks that likely surpass Carlile & Christensen in sophistication, and they exploit parallels, information asymmetries and market populism. Furthermore, although venture capital firms such as Union Street Ventures have funded Web 2.0 firms, they are absent from the explanations of some theorists, whose examples of Citizen Journalism and Web 2.0 success may be the result of survivorship bias. Thus, the venture capital market remains an untapped data source for researchers who want to evaluate the impact of CJ outlets and institutions. The M&A scenario further problematises CJ in several ways. First, CJ is framed as “oppositional” to traditional media, yet this may be used as a stratagem in a game theory framework with multiple stakeholders. Drexel Burnham Lambert’s financier Michael Milken used market populism to sell ‘high-yield’ or ‘junk’ bonds to investors whilst disrupting the Wall Street establishment in the late 1980s (Curtis) and CJ could fulfil a similar tactical purpose. Second, the M&A goal of some Web 2.0 firms could undermine the participatory goals of a site’s community if post-merger integration fails. Jason Calacanis’s sale of Weblogs, Inc to America Online in 2005 and MSNBC’s acquisition of Newsvine on 5 October 2007 (Newsvine) might be success stories. However, this raises issues of digital “property rights” if you contribute to a community that is then sold in an M&A transaction—an outcome closer to business process outsourcing. Third, media “buzz” can create an unrealistic vision when a CJ site fails to grow beyond its start-up phase. Backfence.com’s demise as a “hyperlocal” initiative (Caverly) is one cautionary event that recalls the 2000 dotcom crash. The M&A scenarios outlined above are market dystopias for CJ purists. The major lesson for CJ proponents is to include other market players in hypotheses about causation and correlation factors. 7. ‘Pro-Ams’ & Professional Journalism’s Crisis CJ emerged during a period when Professional Journalism faced a major crisis of ‘self-image’. The Demos report The Pro-Am Revolution (Leadbeater & Miller) popularised the notion of ‘professional amateurs’ which some CJ theorists adopt to strengthen their categorisation. In turn, this triggers a response from cultural theorists who fear bloggers are new media’s barbarians (Keen). I concede Leadbeater and Miller have identified an important category. However, how some CJ theorists then generalise from ‘Pro-Ams’ illustrates the danger of ‘weak’ theory referred to above. Leadbeater and Miller’s categorisation does not really include a counter-view on the strengths of professionals, as illustrated in humanistic consulting (Block), professional service firms (Maister; Maister, Green & Galford), and software development (McConnell). The signs of professionalism these authors mention include a commitment to learning and communal verification, mastery of a discipline and domain application, awareness of methodology creation, participation in mentoring, and cultivation of ethical awareness. Two key differences are discernment and quality of attention, as illustrated in how the legendary Hollywood film editor Walter Murch used Apple’s Final Cut Pro software to edit the 2003 film Cold Mountain (Koppelman). ‘Pro-Ams’ might not aspire to these criteria but Citizen Journalists shouldn’t throw out these standards, either. Doing so would be making the same mistake of overconfidence that technical analysts make against statistical arbitrageurs. Key processes—fact-checking, sub-editing and editorial decision-making—are invisible to the end-user, even if traceable in a blog or wiki publishing system, because of the judgments involved. One post-mortem insight from Assignment Zero was that these processes were vital to create the climate of authenticity and trust to sustain a Citizen Journalist community (Howe). CJ’s trouble with “objectivity” might also overlook some complexities, including the similarity of many bloggers to “noise traders” in financial markets and to op-ed columnists. Methodologies and reportage practices have evolved to deal with the objections that CJ proponents raise, from New Journalism’s radical subjectivity and creative non-fiction techniques (Wolfe & Johnson) to Precision Journalism that used descriptive statistics (Meyer). Finally, journalism frameworks could be updated with current research on how phenomenological awareness shapes our judgments and perceptions (Thompson). 8. Strategic Execution For me, one of CJ’s major weaknesses as a new media theory is its lack of “rich description” (Geertz) about the strategic execution of projects. As Disinfo.com site editor I encountered situations ranging from ‘denial of service’ attacks and spam to site migration, publishing systems that go offline, and ensuring an editorial consistency. Yet the messiness of these processes is missing from CJ theories and accounts. Theories that included this detail as “second-order interactions” (Carlile & Christensen 13) would offer a richer view of CJ. Many CJ and Web 2.0 projects fall into the categories of mini-projects, demonstration prototypes and start-ups, even when using a programming language such as Ajax or Ruby on Rails. Whilst the “bootstrap” process is a benefit, more longitudinal analysis and testing needs to occur, to ensure these projects are scalable and sustainable. For example, South Korea’s OhmyNews is cited as an exemplar that started with “727 citizen reporters and 4 editors” and now has “38,000 citizen reporters” and “a dozen editors” (Kolodzy 231). How does OhmyNews’s mix of hard and soft news change over time? Or, how does OhmyNews deal with a complex issue that might require major resources, such as security negotiations between North and South Korea? Such examples could do with further research. We need to go beyond “the vision thing” and look at the messiness of execution for deeper observations and counterintuitive correlations, to build new descriptive theories. 9. Future Research This essay argues that CJ needs re-evaluation. Its immediate legacy might be to splinter ‘journalism’ into micro-trends: Washington University’s Steve Boriss proclaims “citizen journalism is dead. Expert journalism is the future.” (Boriss; Mensching). The half-lives of such micro-trends demand new categorisations, which in turn prematurely feeds the theory-building cycle. Instead, future researchers could reinvigorate 21st century journalism if they ask deeper questions and return to the observation stage of building descriptive theories. In closing, below are some possible questions that future researchers might explore: Where are the “rich descriptions” of journalistic experience—“citizen”, “convergent”, “digital”, “Pro-Am” or otherwise in new media? How could practice-based approaches inform this research instead of relying on espoused theories-in-use? What new methodologies could be developed for CJ implementation? What role can the “heroic” individual reporter or editor have in “the swarm”? Do the claims about OhmyNews and other sites stand up to longitudinal observation? 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Newsvine. “Msnbc.com Acquires Newsvine.” 7 Oct. 2007. 20 Feb. 2008 http://blog.newsvine.com/_news/2007/10/07/1008889-msnbccom- acquires-newsvine>. Niederhoffer, Victor, and Laurel Kenner. Practical Speculation. New York: John Wiley & Sons, 2003. Pearlstine, Norman. Off the Record: The Press, the Government, and the War over Anonymous Sources. New York: Farrar, Straus & Giroux, 2007. Pesce, Mark D. “Mob Rules (The Law of Fives).” The Human Network 28 Sep. 2007. 20 Feb. 2008 http://blog.futurestreetconsulting.com/?p=39>. Rheingold, Howard. Smart Mobs: The Next Social Revolution. Cambridge MA: Basic Books, 2002. Rosen, Jay. What Are Journalists For? Princeton NJ: Yale UP, 2001. Shasha, Dennis Elliott. Out of Their Minds: The Lives and Discoveries of 15 Great Computer Scientists. New York: Copernicus, 1995. Slywotzky, Adrian. Value Migration: How to Think Several Moves Ahead of the Competition. Boston, MA: Harvard Business School Press, 1996. Smith, Steve. “The Self-Image of a Discipline: The Genealogy of International Relations Theory.” Eds. Steve Smith and Ken Booth. International Relations Theory Today. Cambridge, UK: Polity Press, 1995. 1-37. Spar, Debora L. Ruling the Waves: Cycles of Discovery, Chaos and Wealth from the Compass to the Internet. New York: Harcourt, 2001. Surowiecki, James. The Wisdom of Crowds. New York: Doubleday, 2004. Thompson, Evan. Mind in Life: Biology, Phenomenology, and the Sciences of Mind. Cambridge, MA: Belknap Press, 2007. Trippi, Joe. The Revolution Will Not Be Televised. New York: ReganBooks, 2004. Underwood, Doug. When MBA’s Rule the Newsroom. New York: Columbia University Press, 1993. Wark, McKenzie. Virtual Geography: Living with Global Media Events. Bloomington IN: Indiana UP, 1994. Wolfe, Tom, and E.W. Johnson. The New Journalism. New York: Harper & Row, 1973. Citation reference for this article MLA Style Burns, Alex. "Select Issues with New Media Theories of Citizen Journalism." M/C Journal 10.6/11.1 (2008). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0804/10-burns.php>. APA Style Burns, A. (Apr. 2008) "Select Issues with New Media Theories of Citizen Journalism," M/C Journal, 10(6)/11(1). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0804/10-burns.php>.

“Journalists have to begin a new type of journalism, sometimes being the guide on the side of the civic conversation as well as the filter and gatekeeper.” (Kolodzy 218) “In many respects, citizen journalism is simply public journalism removed from the journalism profession.” (Barlow 181) 1. Citizen Journalism — The Latest Innovation? New Media theorists such as Dan Gillmor, Henry Jenkins, Jay Rosen and Jeff Howe have recently touted Citizen Journalism (CJ) as the latest innovation in 21st century journalism. “Participatory journalism” and “user-driven journalism” are other terms to describe CJ, which its proponents argue is a disruptive innovation (Christensen) to the agenda-setting media institutions, news values and “objective” reportage. In this essay I offer a “contrarian” view, informed by two perspectives: (1) a three-stage model of theory-building (Carlile & Christensen) to evaluate the claims made about CJ; and (2) self-reflexive research insights (Etherington) from editing the US-based news site Disinformation between November 1999 and February 2008. New media theories can potentially create “cognitive dissonance” (Festinger) when their explanations of CJ practices are compared with what actually happens (Feyerabend). First I summarise Carlile & Christensen’s model and the dangers of “bad theory” (Ghoshal). Next I consider several problems in new media theories about CJ: the notion of ‘citizen’, new media populism, parallels in event-driven and civic journalism, and mergers and acquisitions. Two ‘self-reflexive’ issues are considered: ‘pro-ams’ or ‘professional amateurs’ as a challenge to professional journalists, and CJ’s deployment in new media operations and production environments. Finally, some exploratory questions are offered for future researchers. 2. An Evaluative Framework for New Media Theories on Citizen Journalism Paul Carlile and Clayton M. Christensen’s model offers one framework with which to evaluate new media theories on CJ. This framework is used below to highlight select issues and gaps in CJ’s current frameworks and theories. Carlile & Christensen suggest that robust theory-building emerges via three stages: Descriptive, Categorisation and Normative (Carlile & Christensen). There are three sub-stages in Descriptive theory-building; namely, the observation of phenomena, inductive classification into schemas and taxonomies, and correlative relationships to develop models (Carlile & Christensen 2-5). Once causation is established, Normative theory evolves through deductive logic which is subject to Kuhnian paradigm shifts and Popperian falsifiability (Carlile & Christensen 6). Its proponents situate CJ as a Categorisation or new journalism agenda that poses a Normative challenged and Kuhnian paradigm shift to traditional journalism. Existing CJ theories jump from the Descriptive phase of observations like “smart mobs” in Japanese youth subcultures (Rheingold) to make broad claims for Categorisation such as that IndyMedia, blogs and wiki publishing systems as new media alternatives to traditional media. CJ theories then underpin normative beliefs, values and worldviews. Correlative relationships are also used to differentiate CJ from the demand side of microeconomic analysis, from the top-down editorial models of traditional media outlets, and to adopt a vanguard stance. To support this, CJ proponents cite research on emergent collective behaviour such as the “wisdom of crowds” hypothesis (Surowiecki) or peer-to-peer network “swarms” (Pesce) to provide scientific justification for their Normative theories. However, further evaluative research is needed for three reasons: the emergent collective behaviour hypothesis may not actually inform CJ practices, existing theories may have “correlation not cause” errors, and the link may be due to citation network effects between CJ theorists. Collectively, this research base also frames CJ as an “ought to” Categorisation and then proceeds to Normative theory-building (Carlile & Christensen 7). However, I argue below that this Categorisation may be premature: its observations and correlative relationships might reinforce a ‘weak’ Normative theory with limited generalisation. CJ proponents seem to imply that it can be applied anywhere and under any condition—a “statement of causality” that almost makes it a fad (Carlile & Christensen 8). CJ that relies on Classification and Normative claims will be problematic without a strong grounding in Descriptive observation. To understand what’s potentially at stake for CJ’s future consider the consider the parallel debate about curricula renewal for the Masters of Business Administration in the wake of high-profile corporate collapses such as Enron, Worldcom, HIH and OneTel. The MBA evolved as a sociological and institutional construct to justify management as a profession that is codified, differentiated and has entry barriers (Khurana). This process might partly explain the pushback that some media professionals have to CJ as one alternative. MBA programs faced criticism if they had student cohorts with little business know-how or experiential learning (Mintzberg). Enron’s collapse illustrated the ethical dilemmas and unintended consequences that occurred when “bad theories” were implemented (Ghoshal). Professional journalists are aware of this: MBA-educated managers challenged the “craft” tradition in the early 1980s (Underwood). This meant that journalism’s ‘self-image’ (Morgan; Smith) is intertwined with managerial anxieties about media conglomerates in highly competitive markets. Ironically, as noted below, Citizen Journalists who adopt a vanguard position vis-a-vis media professionals step into a more complex game with other players. However, current theories have a naïve idealism about CJ’s promise of normative social change in the face of Machiavellian agency in business, the media and politics. 3. Citizen Who? Who is the “citizen” in CJ? What is their self-awareness as a political agent? CJ proponents who use the ‘self-image’ of ‘citizen’ draw on observations from the participatory vision of open source software, peer-to-peer networks, and case studies such as Howard Dean’s 2004 bid for the Democrat Party nominee in the US Presidential election campaign (Trippi). Recent theorists note Alexander Hamilton’s tradition of civic activism (Barlow 178) which links contemporary bloggers with the Federalist Papers and early newspaper pamphlets. One unsurfaced assumption in these observations and correlations is that most bloggers will adopt a coherent political philosophy as informed citizens: a variation on Lockean utilitarianism, Rawlsian liberalism or Nader consumer activism. To date there is little discussion about how political philosophy could deepen CJ’s ‘self-image’: how to critically evaluate sources, audit and investigation processes, or strategies to deal with elites, deterrence and power. For example, although bloggers kept Valerie Plame’s ‘outing’ as a covert intelligence operative highly visible in the issues-attention cycle, it was agenda-setting media like The New York Times who the Bush Administration targeted to silence (Pearlstine). To be viable, CJ needs to evolve beyond a new media populism, perhaps into a constructivist model of agency, norms and social change (Finnemore). 4. Citizen Journalism as New Media Populism Several “precursor trends” foreshadowed CJ notably the mid-1990s interest in “cool-hunting” by new media analysts and subculture marketeers (Gibson; Gladwell). Whilst this audience focus waned with the 1995-2000 dotcom bubble it resurfaced in CJ and publisher Tim O’Reilly’s Web 2.0 vision. Thus, CJ might be viewed as new media populism that has flourished with the Web 2.0 boom. Yet if the boom becomes a macroeconomic bubble (Gross; Spar) then CJ could be written off as a “silver bullet” that ultimately failed to deliver on its promises (Brooks, Jr.). The reputations of uncritical proponents who adopted a “true believer” stance would also be damaged (Hoffer). This risk is evident if CJ is compared with a parallel trend that shares its audience focus and populist view: day traders and technical analysts who speculate on financial markets. This parallel trend provides an alternative discipline in which the populism surfaced in an earlier form (Carlile & Christensen 12). Fidelity’s Peter Lynch argues that stock pickers can use their Main Street knowledge to beat Wall Street by exploiting information asymmetries (Lynch & Rothchild). Yet Lynch’s examples came from the mid-1970s to early 1980s when indexed mutual fund strategies worked, before deregulation and macroeconomic volatility. A change in the Web 2.0 boom might similarly trigger a reconsideration of Citizen Journalism. Hedge fund maven Victor Niederhoffer contends that investors who rely on technical analysis are practicing a Comtean religion (Niederhoffer & Kenner 72-74) instead of Efficient Market Hypothesis traders who use statistical arbitrage to deal with ‘random walks’ or Behavioural Finance experts who build on Amos Tversky and Daniel Kahneman’s Prospect Theory (Kahneman & Tversky). Niederhoffer’s deeper point is that technical analysts’ belief that the “trend is your friend” is no match for the other schools, despite a mini-publishing industry and computer trading systems. There are also ontological and epistemological differences between the schools. Similarly, CJ proponents who adopt a ‘Professional Amateur’ or ‘Pro-Am’ stance (Leadbeater & Miller) may face a similar gulf when making comparisons with professional journalists and the production environments in media organisations. CJ also thrives as new media populism because of institutional vested interests. When media conglomerates cut back on cadetships and internships CJ might fill the market demand as one alternative. New media programs at New York University and others can use CJ to differentiate themselves from “hyperlocal” competitors (Christensen; Slywotzky; Christensen, Curtis & Horn). This transforms CJ from new media populism to new media institution. 5. Parallels: Event-driven & Civic Journalism For new media programs, CJ builds on two earlier traditions: the Event-driven journalism of crises like the 1991 Gulf War (Wark) and the Civic Journalism school that emerged in the 1960s social upheavals. Civic Journalism’s awareness of minorities and social issues provides the character ethic and political philosophy for many Citizen Journalists. Jay Rosen and others suggest that CJ is the next-generation heir to Civic Journalism, tracing a thread from the 1968 Chicago Democratic Convention to IndyMedia’s coverage of the 1999 “Battle in Seattle” (Rosen). Rosen’s observation could yield an interesting historiography or genealogy. Events such as the Southeast Asian tsunami on 26 December 2004 or Al Qaeda’s London bombings on 7 July 2005 are cited as examples of CJ as event-driven journalism and “pro-am collaboration” (Kolodzy 229-230). Having covered these events and Al Qaeda’s attacks on 11th September 2001, I have a slightly different view: this was more a variation on “first responder” status and handicam video footage that journalists have sourced for the past three decades when covering major disasters. This different view means that the “salience of categories” used to justify CJ and “pro-am collaboration” these events does not completely hold. Furthermore, when Citizen Journalism proponents tout Flickr and Wikipedia as models of real-time media they are building on a broader phenomenon that includes CNN’s Gulf War coverage and Bloomberg’s dominance of financial news (Loomis). 6. The Mergers & Acquisitions Scenario CJ proponents often express anxieties about the resilience of their outlets in the face of predatory venture capital firms who initiate Mergers & Acquisitions (M&A) activities. Ironically, these venture capital firms have core competencies and expertise in the event-driven infrastructure and real-time media that CJ aspires to. Sequoia Capital and other venture capital firms have evaluative frameworks that likely surpass Carlile & Christensen in sophistication, and they exploit parallels, information asymmetries and market populism. Furthermore, although venture capital firms such as Union Street Ventures have funded Web 2.0 firms, they are absent from the explanations of some theorists, whose examples of Citizen Journalism and Web 2.0 success may be the result of survivorship bias. Thus, the venture capital market remains an untapped data source for researchers who want to evaluate the impact of CJ outlets and institutions. The M&A scenario further problematises CJ in several ways. First, CJ is framed as “oppositional” to traditional media, yet this may be used as a stratagem in a game theory framework with multiple stakeholders. Drexel Burnham Lambert’s financier Michael Milken used market populism to sell ‘high-yield’ or ‘junk’ bonds to investors whilst disrupting the Wall Street establishment in the late 1980s (Curtis) and CJ could fulfil a similar tactical purpose. Second, the M&A goal of some Web 2.0 firms could undermine the participatory goals of a site’s community if post-merger integration fails. Jason Calacanis’s sale of Weblogs, Inc to America Online in 2005 and MSNBC’s acquisition of Newsvine on 5 October 2007 (Newsvine) might be success stories. However, this raises issues of digital “property rights” if you contribute to a community that is then sold in an M&A transaction—an outcome closer to business process outsourcing. Third, media “buzz” can create an unrealistic vision when a CJ site fails to grow beyond its start-up phase. Backfence.com’s demise as a “hyperlocal” initiative (Caverly) is one cautionary event that recalls the 2000 dotcom crash. The M&A scenarios outlined above are market dystopias for CJ purists. The major lesson for CJ proponents is to include other market players in hypotheses about causation and correlation factors. 7. ‘Pro-Ams’ & Professional Journalism’s Crisis CJ emerged during a period when Professional Journalism faced a major crisis of ‘self-image’. The Demos report The Pro-Am Revolution (Leadbeater & Miller) popularised the notion of ‘professional amateurs’ which some CJ theorists adopt to strengthen their categorisation. In turn, this triggers a response from cultural theorists who fear bloggers are new media’s barbarians (Keen). I concede Leadbeater and Miller have identified an important category. However, how some CJ theorists then generalise from ‘Pro-Ams’ illustrates the danger of ‘weak’ theory referred to above. Leadbeater and Miller’s categorisation does not really include a counter-view on the strengths of professionals, as illustrated in humanistic consulting (Block), professional service firms (Maister; Maister, Green & Galford), and software development (McConnell). The signs of professionalism these authors mention include a commitment to learning and communal verification, mastery of a discipline and domain application, awareness of methodology creation, participation in mentoring, and cultivation of ethical awareness. Two key differences are discernment and quality of attention, as illustrated in how the legendary Hollywood film editor Walter Murch used Apple’s Final Cut Pro software to edit the 2003 film Cold Mountain (Koppelman). ‘Pro-Ams’ might not aspire to these criteria but Citizen Journalists shouldn’t throw out these standards, either. Doing so would be making the same mistake of overconfidence that technical analysts make against statistical arbitrageurs. Key processes—fact-checking, sub-editing and editorial decision-making—are invisible to the end-user, even if traceable in a blog or wiki publishing system, because of the judgments involved. One post-mortem insight from Assignment Zero was that these processes were vital to create the climate of authenticity and trust to sustain a Citizen Journalist community (Howe). CJ’s trouble with “objectivity” might also overlook some complexities, including the similarity of many bloggers to “noise traders” in financial markets and to op-ed columnists. Methodologies and reportage practices have evolved to deal with the objections that CJ proponents raise, from New Journalism’s radical subjectivity and creative non-fiction techniques (Wolfe & Johnson) to Precision Journalism that used descriptive statistics (Meyer). Finally, journalism frameworks could be updated with current research on how phenomenological awareness shapes our judgments and perceptions (Thompson). 8. Strategic Execution For me, one of CJ’s major weaknesses as a new media theory is its lack of “rich description” (Geertz) about the strategic execution of projects. As Disinfo.com site editor I encountered situations ranging from ‘denial of service’ attacks and spam to site migration, publishing systems that go offline, and ensuring an editorial consistency. Yet the messiness of these processes is missing from CJ theories and accounts. Theories that included this detail as “second-order interactions” (Carlile & Christensen 13) would offer a richer view of CJ. Many CJ and Web 2.0 projects fall into the categories of mini-projects, demonstration prototypes and start-ups, even when using a programming language such as Ajax or Ruby on Rails. Whilst the “bootstrap” process is a benefit, more longitudinal analysis and testing needs to occur, to ensure these projects are scalable and sustainable. For example, South Korea’s OhmyNews is cited as an exemplar that started with “727 citizen reporters and 4 editors” and now has “38,000 citizen reporters” and “a dozen editors” (Kolodzy 231). How does OhmyNews’s mix of hard and soft news change over time? Or, how does OhmyNews deal with a complex issue that might require major resources, such as security negotiations between North and South Korea? Such examples could do with further research. We need to go beyond “the vision thing” and look at the messiness of execution for deeper observations and counterintuitive correlations, to build new descriptive theories. 9. Future Research This essay argues that CJ needs re-evaluation. Its immediate legacy might be to splinter ‘journalism’ into micro-trends: Washington University’s Steve Boriss proclaims “citizen journalism is dead. Expert journalism is the future.” (Boriss; Mensching). The half-lives of such micro-trends demand new categorisations, which in turn prematurely feeds the theory-building cycle. Instead, future researchers could reinvigorate 21st century journalism if they ask deeper questions and return to the observation stage of building descriptive theories. In closing, below are some possible questions that future researchers might explore: Where are the “rich descriptions” of journalistic experience—“citizen”, “convergent”, “digital”, “Pro-Am” or otherwise in new media?How could practice-based approaches inform this research instead of relying on espoused theories-in-use?What new methodologies could be developed for CJ implementation?What role can the “heroic” individual reporter or editor have in “the swarm”?Do the claims about OhmyNews and other sites stand up to longitudinal observation?Are the theories used to justify Citizen Journalism’s normative stance (Rheingold; Surowiecki; Pesce) truly robust generalisations for strategic execution or do they reflect the biases of their creators?How could developers tap the conceptual dimensions of information technology innovation (Shasha) to create the next Facebook, MySpace or Wikipedia? References Argyris, Chris, and Donald Schon. Theory in Practice. San Francisco: Jossey-Bass Publishers, 1976. Barlow, Aaron. The Rise of the Blogosphere. Westport, CN: Praeger Publishers, 2007. Block, Peter. Flawless Consulting. 2nd ed. San Francisco, CA: Jossey-Bass/Pfeiffer, 2000. Boriss, Steve. “Citizen Journalism Is Dead. Expert Journalism Is the Future.” The Future of News. 28 Nov. 2007. 20 Feb. 2008 < http://thefutureofnews.com/2007/11/28/citizen-journalism-is-dead- expert-journalism-is-the-future/ >. Brooks, Jr., Frederick P. The Mythical Man-Month: Essays on Software Engineering. Rev. ed. Reading, MA: Addison-Wesley Publishing Company, 1995. Campbell, Vincent. Information Age Journalism: Journalism in an International Context. New York: Arnold, 2004. Carlile, Paul R., and Clayton M. Christensen. “The Cycles of Building Theory in Management Research.” Innosight working paper draft 6. 6 Jan. 2005. 19 Feb. 2008 < http://www.innosight.com/documents/Theory%20Building.pdf >. Caverly, Doug. “Hyperlocal News Site Takes A Hit.” WebProNews.com 6 July 2007. 19 Feb. 2008 < http://www.webpronews.com/topnews/2007/07/06/hyperlocal-news- sites-take-a-hit >. Chenoweth, Neil. Virtual Murdoch: Reality Wars on the Information Superhighway. Sydney: Random House Australia, 2001. Christensen, Clayton M. The Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail. Boston, MA: Harvard Business School Press, 1997. Christensen, Clayton M., Curtis Johnson, and Michael Horn. Disrupting Class: How Disruptive Innovation Will Change the Way the World Learns. New York: McGraw-Hill, 2008. Curtis, Adam. The Mayfair Set. London: British Broadcasting Corporation, 1999. Etherington, Kim. Becoming a Reflexive Researcher: Using Ourselves in Research. London: Jessica Kingsley Publishers, 2004. Festinger, Leon. A Theory of Cognitive Dissonance. Stanford, CA: Stanford University Press, 1962. Feyerabend, Paul. Against Method. 3rd ed. London: Verso, 1993. Finnemore, Martha. National Interests in International Society. Ithaca, NY: Cornell University Press, 1996. Geertz, Clifford. The Interpretation of Cultures. New York: Basic Books, 1973. Ghoshal, Sumantra. “Bad Management Theories Are Destroying Good Management Practices.” Academy of Management Learning & Education 4.1 (2005): 75-91. Gibson, William. Pattern Recognition. London: Viking, 2003. Gladwell, Malcolm. “The Cool-Hunt.” The New Yorker Magazine 17 March 1997. 20 Feb. 2008 < http://www.gladwell.com/1997/1997_03_17_a_cool.htm >. Gross, Daniel. Pop! Why Bubbles Are Great for the Economy. New York: Collins, 2007. Hoffer, Eric. The True Believer. New York: Harper, 1951. Howe, Jeff. “Did Assignment Zero Fail? A Look Back, and Lessons Learned.” Wired News 16 July 2007. 19 Feb. 2008 < http://www.wired.com/techbiz/media/news/2007/07/assignment_ zero_final?currentPage=all >. Kahneman, Daniel, and Amos Tversky. Choices, Values and Frames. Cambridge: Cambridge UP, 2000. Keen, Andrew. The Cult of the Amateur. New York: Doubleday Currency, 2007. Khurana, Rakesh. From Higher Aims to Hired Hands. Princeton, NJ: Princeton UP, 2007. Kolodzy, Janet. Convergence Journalism: Writing and Reporting across the News Media. Oxford: Rowman & Littlefield, 2006. Koppelman, Charles. Behind the Seen: How Walter Murch Edited Cold Mountain Using Apple’s Final Cut Pro and What This Means for Cinema. Upper Saddle River, NJ: New Rider, 2004. Leadbeater, Charles, and Paul Miller. “The Pro-Am Revolution”. London: Demos, 24 Nov. 2004. 19 Feb. 2008 < http://www.demos.co.uk/publications/proameconomy >. Loomis, Carol J. “Bloomberg’s Money Machine.” Fortune 5 April 2007. 20 Feb. 2008 < http://money.cnn.com/magazines/fortune/fortune_archive/2007/04/16/ 8404302/index.htm >. Lynch, Peter, and John Rothchild. Beating the Street. Rev. ed. New York: Simon & Schuster, 1994. Maister, David. True Professionalism. New York: The Free Press, 1997. Maister, David, Charles H. Green, and Robert M. Galford. The Trusted Advisor. New York: The Free Press, 2004. Mensching, Leah McBride. “Citizen Journalism on Its Way Out?” SFN Blog, 30 Nov. 2007. 20 Feb. 2008 < http://www.sfnblog.com/index.php/2007/11/30/940-citizen-journalism- on-its-way-out >. Meyer, Philip. Precision Journalism. 4th ed. Lanham, MD: Rowman & Littlefield, 2002. McConnell, Steve. Professional Software Development. Boston, MA: Addison-Wesley, 2004. Mintzberg, Henry. Managers Not MBAs. San Francisco, CA: Berrett-Koehler, 2004. Morgan, Gareth. Images of Organisation. Rev. ed. Thousand Oaks, CA: Sage, 2006. Newsvine. “Msnbc.com Acquires Newsvine.” 7 Oct. 2007. 20 Feb. 2008 < http://blog.newsvine.com/_news/2007/10/07/1008889-msnbccom- acquires-newsvine >. Niederhoffer, Victor, and Laurel Kenner. Practical Speculation. New York: John Wiley & Sons, 2003. Pearlstine, Norman. Off the Record: The Press, the Government, and the War over Anonymous Sources. New York: Farrar, Straus & Giroux, 2007. 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Mind in Life: Biology, Phenomenology, and the Sciences of Mind. Cambridge, MA: Belknap Press, 2007. Trippi, Joe. The Revolution Will Not Be Televised. New York: ReganBooks, 2004. Underwood, Doug. When MBA’s Rule the Newsroom. New York: Columbia University Press, 1993. Wark, McKenzie. Virtual Geography: Living with Global Media Events. Bloomington IN: Indiana UP, 1994. Wolfe, Tom, and E.W. Johnson. The New Journalism. New York: Harper & Row, 1973.

A common criticism of the rhythm video games genre — including series like Guitar Hero and Rock Band, is that playing musical simulation games is a waste of time when you could be playing an actual guitar and learning a real skill. A more serious criticism of games cultures draws attention to the degree of e-waste they produce. E-waste or electronic waste includes mobiles phones, computers, televisions and other electronic devices, containing toxic chemicals and metals whose landfill, recycling and salvaging all produce distinct environmental and social problems. The e-waste produced by games like Guitar Hero is obvious in the regular flow of merchandise transforming computer and video games stores into simulation music stores, filled with replica guitars, drum kits, microphones and other products whose half-lives are short and whose obsolescence is anticipated in the annual cycles of consumption and disposal. This paper explores the connection between e-waste and obsolescence in the games industry, and argues for the further consideration of consumers as part of the solution to the problem of e-waste. It uses a case study of the PC digital distribution software platform, Steam, to suggest that the digital distribution of games may offer an alternative model to market driven software and hardware obsolescence, and more generally, that such software platforms might be a place to support cultures of consumption that delay rather than promote hardware obsolescence and its inevitability as e-waste. The question is whether there exists a potential for digital distribution to be a means of not only eliminating the need to physically transport commodities (its current 'green' benefit), but also for supporting consumer practices that further reduce e-waste. The games industry relies on a rapid production and innovation cycle, one that actively enforces hardware obsolescence. Current video game consoles, including the PlayStation 3, the Xbox 360 and Nintendo Wii, are the seventh generation of home gaming consoles to appear within forty years, and each generation is accompanied by an immense international transportation of games hardware, software (in various storage formats) and peripherals. Obsolescence also occurs at the software or content level and is significant because the games industry as a creative industry is dependent on the extensive management of multiple intellectual properties. The computing and video games software industry operates a close partnership with the hardware industry, and as such, software obsolescence directly contributes to hardware obsolescence. The obsolescence of content and the redundancy of the methods of policing its scarcity in the marketplace has been accelerated and altered by the processes of disintermediation with a range of outcomes (Flew). The music industry is perhaps the most advanced in terms of disintermediation with digital distribution at the center of the conflict between the legitimate and unauthorised access to intellectual property. This points to one issue with the hypothesis that digital distribution can lead to a reduction in hardware obsolescence, as the marketplace leader and key online distributor of music, Apple, is also the major producer of new media technologies and devices that are the paragon of stylistic obsolescence. Stylistic obsolescence, in which fashion changes products across seasons of consumption, has long been observed as the dominant form of scaled industrial innovation (Slade). Stylistic obsolescence is differentiated from mechanical or technological obsolescence as the deliberate supersedence of products by more advanced designs, better production techniques and other minor innovations. The line between the stylistic and technological obsolescence is not always clear, especially as reduced durability has become a powerful market strategy (Fitzpatrick). This occurs where the design of technologies is subsumed within the discourses of manufacturing, consumption and the logic of planned obsolescence in which the product or parts are intended to fail, degrade or under perform over time. It is especially the case with signature new media technologies such as laptop computers, mobile phones and portable games devices. Gamers are as guilty as other consumer groups in contributing to e-waste as participants in the industry's cycles of planned obsolescence, but some of them complicate discussions over the future of obsolescence and e-waste. Many gamers actively work to forestall the obsolescence of their games: they invest time in the play of older games (“retrogaming”) they donate labor and creative energy to the production of user-generated content as a means of sustaining involvement in gaming communities; and they produce entirely new game experiences for other users, based on existing software and hardware modifications known as 'mods'. With Guitar Hero and other 'rhythm' games it would be easy to argue that the hardware components of this genre have only one future: as waste. Alternatively, we could consider the actual lifespan of these objects (including their impact as e-waste) and the roles they play in the performances and practices of communities of gamers. For example, the Elmo Guitar Hero controller mod, the Tesla coil Guitar Hero controller interface, the Rock Band Speak n' Spellbinder mashup, the multiple and almost sacrilegious Fender guitar hero mods, the Guitar Hero Portable Turntable Mod and MAKE magazine's Trumpet Hero all indicate a significant diversity of user innovation, community formation and individual investment in the post-retail life of computer and video game hardware. Obsolescence is not just a problem for the games industry but for the computing and electronics industries more broadly as direct contributors to the social and environmental cost of electrical waste and obsolete electrical equipment. Planned obsolescence has long been the experience of gamers and computer users, as the basis of a utopian mythology of upgrades (Dovey and Kennedy). For PC users the upgrade pathway is traversed by the consumption of further hardware and software post initial purchase in a cycle of endless consumption, acquisition and waste (as older parts are replaced and eventually discarded). The accumulation and disposal of these cultural artefacts does not devalue or accrue in space or time at the same rate (Straw) and many users will persist for years, gradually upgrading and delaying obsolescence and even perpetuate the circulation of older cultural commodities. Flea markets and secondhand fairs are popular sites for the purchase of new, recent, old, and recycled computer hardware, and peripherals. Such practices and parallel markets support the strategies of 'making do' described by De Certeau, but they also continue the cycle of upgrade and obsolescence, and they are still consumed as part of the promise of the 'new', and the desire of a purchase that will finally 'fix' the users' computer in a state of completion (29). The planned obsolescence of new media technologies is common, but its success is mixed; for example, support for Microsoft's operating system Windows XP was officially withdrawn in April 2009 (Robinson), but due to the popularity in low cost PC 'netbooks' outfitted with an optimised XP operating system and a less than enthusiastic response to the 'next generation' Windows Vista, XP continues to be popular. Digital Distribution: A Solution? Gamers may be able to reduce the accumulation of e-waste by supporting the disintermediation of the games retail sector by means of online distribution. Disintermediation is the establishment of a direct relationship between the creators of content and their consumers through products and services offered by content producers (Flew 201). The move to digital distribution has already begun to reduce the need to physically handle commodities, but this currently signals only further support of planned, stylistic and technological obsolescence, increasing the rate at which the commodities for recording, storing, distributing and exhibiting digital content become e-waste. Digital distribution is sometimes overlooked as a potential means for promoting communities of user practice dedicated to e-waste reduction, at the same time it is actively employed to reduce the potential for the unregulated appropriation of content and restrict post-purchase sales through Digital Rights Management (DRM) technologies. Distributors like Amazon.com continue to pursue commercial opportunities in linking the user to digital distribution of content via exclusive hardware and software technologies. The Amazon e-book reader, the Kindle, operates via a proprietary mobile network using a commercially run version of the wireless 3G protocols. The e-book reader is heavily encrypted with Digital Rights Management (DRM) technologies and exclusive digital book formats designed to enforce current copyright restrictions and eliminate second-hand sales, lending, and further post-purchase distribution. The success of this mode of distribution is connected to Amazon's ability to tap both the mainstream market and the consumer demand for the less-than-popular; those books, movies, music and television series that may not have been 'hits' at the time of release. The desire to revisit forgotten niches, such as B-sides, comics, books, and older video games, suggests Chris Anderson, linked with so-called “long tail” economics. Recently Webb has queried the economic impact of the Long Tail as a business strategy, but does not deny the underlying dynamics, which suggest that content does not obsolesce in any straightforward way. Niche markets for older content are nourished by participatory cultures and Web 2.0 style online services. A good example of the Long Tail phenomenon is the recent case of the 1971 book A Lion Called Christian, by Anthony Burke and John Rendall, republished after the author's film of a visit to a resettled Christian in Africa was popularised on YouTube in 2008. Anderson's Long Tail theory suggests that over time a large number of items, each with unique rather than mass histories, will be subsumed as part of a larger community of consumers, including fans, collectors and everyday users with a long term interest in their use and preservation. If digital distribution platforms can reduce e-waste, they can perhaps be fostered by to ensuring digital consumers have access to morally and ethically aware consumer decisions, but also that they enjoy traditional consumer freedoms, such as the right to sell on and change or modify their property. For it is not only the fixation on the 'next generation' that contributes to obsolescence, but also technologies like DRM systems that discourage second hand sales and restrict modification. The legislative upgrades, patches and amendments to copyright law that have attempted to maintain the law's effectiveness in competing with peer-to-peer networks have supported DRM and other intellectual property enforcement technologies, despite the difficulties that owners of intellectual property have encountered with the effectiveness of DRM systems (Moore, Creative). The games industry continues to experiment with DRM, however, this industry also stands out as one of the few to have significantly incorporated the user within the official modes of production (Moore, Commonising). Is the games industry capable (or willing) of supporting a digital delivery system that attempts to minimise or even reverse software and hardware obsolescence? We can try to answer this question by looking in detail at the biggest digital distributor of PC games, Steam. Steam Figure 1: The Steam Application user interface retail section Steam is a digital distribution system designed for the Microsoft Windows operating system and operated by American video game development company and publisher, Valve Corporation. Steam combines online games retail, DRM technologies and internet-based distribution services with social networking and multiplayer features (in-game voice and text chat, user profiles, etc) and direct support for major games publishers, independent producers, and communities of user-contributors (modders). Steam, like the iTunes games store, Xbox Live and other digital distributors, provides consumers with direct digital downloads of new, recent and classic titles that can be accessed remotely by the user from any (internet equipped) location. Steam was first packaged with the physical distribution of Half Life 2 in 2004, and the platform's eventual popularity is tied to the success of that game franchise. Steam was not an optional component of the game's installation and many gamers protested in various online forums, while the platform was treated with suspicion by the global PC games press. It did not help that Steam was at launch everything that gamers take objection to: a persistent and initially 'buggy' piece of software that sits in the PC's operating system and occupies limited memory resources at the cost of hardware performance. Regular updates to the Steam software platform introduced social network features just as mainstream sites like MySpace and Facebook were emerging, and its popularity has undergone rapid subsequent growth. Steam now eclipses competitors with more than 20 million user accounts (Leahy) and Valve Corporation makes it publicly known that Steam collects large amounts of data about its users. This information is available via the public player profile in the community section of the Steam application. It includes the average number of hours the user plays per week, and can even indicate the difficulty the user has in navigating game obstacles. Valve reports on the number of users on Steam every two hours via its web site, with a population on average between one and two million simultaneous users (Valve, Steam). We know these users’ hardware profiles because Valve Corporation makes the results of its surveillance public knowledge via the Steam Hardware Survey. Valve’s hardware survey itself conceptualises obsolescence in two ways. First, it uses the results to define the 'cutting edge' of PC technologies and publishing the standards of its own high end production hardware on the companies blog. Second, the effect of the Survey is to subsequently define obsolescent hardware: for example, in the Survey results for April 2009, we can see that the slight majority of users maintain computers with two central processing units while a significant proportion (almost one third) of users still maintained much older PCs with a single CPU. Both effects of the Survey appear to be well understood by Valve: the Steam Hardware Survey automatically collects information about the community's computer hardware configurations and presents an aggregate picture of the stats on our web site. The survey helps us make better engineering and gameplay decisions, because it makes sure we're targeting machines our customers actually use, rather than measuring only against the hardware we've got in the office. We often get asked about the configuration of the machines we build around the office to do both game and Steam development. We also tend to turn over machines in the office pretty rapidly, at roughly every 18 months. (Valve, Team Fortress) Valve’s support of older hardware might counter perceptions that older PCs have no use and begins to reverse decades of opinion regarding planned and stylistic obsolescence in the PC hardware and software industries. Equally significant to the extension of the lives of older PCs is Steam's support for mods and its promotion of user generated content. By providing software for mod creation and distribution, Steam maximises what Postigo calls the development potential of fan-programmers. One of the 'payoffs' in the information/access exchange for the user with Steam is the degree to which Valve's End-User Licence Agreement (EULA) permits individuals and communities of 'modders' to appropriate its proprietary game content for use in the creation of new games and games materials for redistribution via Steam. These mods extend the play of the older games, by requiring their purchase via Steam in order for the individual user to participate in the modded experience. If Steam is able to encourage this kind of appropriation and community support for older content, then the potential exists for it to support cultures of consumption and practice of use that collaboratively maintain, extend, and prolong the life and use of games. Further, Steam incorporates the insights of “long tail” economics in a purely digital distribution model, in which the obsolescence of 'non-hit' game titles can be dramatically overturned. Published in November 2007, Unreal Tournament 3 (UT3) by Epic Games, was unappreciated in a market saturated with games in the first-person shooter genre. Epic republished UT3 on Steam 18 months later, making the game available to play for free for one weekend, followed by discounted access to new content. The 2000 per cent increase in players over the game's 'free' trial weekend, has translated into enough sales of the game for Epic to no longer consider the release a commercial failure: It’s an incredible precedent to set: making a game a success almost 18 months after a poor launch. It’s something that could only have happened now, and with a system like Steam...Something that silently updates a purchase with patches and extra content automatically, so you don’t have to make the decision to seek out some exciting new feature: it’s just there anyway. Something that, if you don’t already own it, advertises that game to you at an agreeably reduced price whenever it loads. Something that enjoys a vast community who are in turn plugged into a sea of smaller relevant communities. It’s incredibly sinister. It’s also incredibly exciting... (Meer) Clearly concerns exist about Steam's user privacy policy, but this also invites us to the think about the economic relationship between gamers and games companies as it is reconfigured through the private contractual relationship established by the EULA which accompanies the digital distribution model. The games industry has established contractual and licensing arrangements with its consumer base in order to support and reincorporate emerging trends in user generated cultures and other cultural formations within its official modes of production (Moore, "Commonising"). When we consider that Valve gets to tax sales of its virtual goods and can further sell the information farmed from its users to hardware manufacturers, it is reasonable to consider the relationship between the corporation and its gamers as exploitative. Gabe Newell, the Valve co-founder and managing director, conversely believes that people are willing to give up personal information if they feel it is being used to get better services (Leahy). If that sentiment is correct then consumers may be willing to further trade for services that can reduce obsolescence and begin to address the problems of e-waste from the ground up. Conclusion Clearly, there is a potential for digital distribution to be a means of not only eliminating the need to physically transport commodities but also supporting consumer practices that further reduce e-waste. For an industry where only a small proportion of the games made break even, the successful relaunch of older games content indicates Steam's capacity to ameliorate software obsolescence. Digital distribution extends the use of commercially released games by providing disintermediated access to older and user-generated content. For Valve, this occurs within a network of exchange as access to user-generated content, social networking services, and support for the organisation and coordination of communities of gamers is traded for user-information and repeat business. Evidence for whether this will actively translate to an equivalent decrease in the obsolescence of game hardware might be observed with indicators like the Steam Hardware Survey in the future. The degree of potential offered by digital distribution is disrupted by a range of technical, commercial and legal hurdles, primary of which is the deployment of DRM, as part of a range of techniques designed to limit consumer behaviour post purchase. While intervention in the form of legislation and radical change to the insidious nature of electronics production is crucial in order to achieve long term reduction in e-waste, the user is currently considered only in terms of 'ethical' consumption and ultimately divested of responsibility through participation in corporate, state and civil recycling and e-waste management operations. The message is either 'careful what you purchase' or 'careful how you throw it away' and, like DRM, ignores the connections between product, producer and user and the consumer support for environmentally, ethically and socially positive production, distribrution, disposal and recycling. This article, has adopted a different strategy, one that sees digital distribution platforms like Steam, as capable, if not currently active, in supporting community practices that should be seriously considered in conjunction with a range of approaches to the challenge of obsolescence and e-waste. 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