Farhad Manjoo

The next Web revolution

The Web celebrates its 10th anniversary and it's still a pain to use -- clunky, slow and unresponsive. But thanks to creative small companies like Chicago's 37 Signals, the Web is finally becoming as fun and flexible as your favorite software.

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The next Web revolution

Odes to the World Wide Web inevitably burst with superlatives. The Web is the biggest, the fastest, the most addictive thing ever. The Web will revolutionize this, supplant that. The Web will set you up on the best date you ever had and the sex will be out of this world. Just now, as we celebrate the 10th anniversary of the day the letters “WWW” hit the big time — Netscape went public on NASDAQ on Aug. 9, 1995 — the superlatives are flying particularly fast. In the August issue of Wired, founding editor Kevin Kelly predicts that 3,000 years from now, people will regard the development of the Web as a pivotal moment in human history, as important as the advent of American democracy and the world’s major religions. “This will be recognized as the largest, most complex, and most surprising event on the planet,” he writes.

Boosters like Kelly are no doubt on to something; taking the long view, the Web may well alter the course of history. But let’s cast a frank eye on the present day’s surf report, shall we? The Web at age 10 is a pain. Precious little online works as well as it should. Compared to the speed of desktop software — such as your e-mail program, or iTunes — using many Web sites, even the biggest and most popular, is like swimming through mud. Think about the features you take for granted in iTunes: buttons that respond as soon as you click them (not five seconds later), a search bar that begins to work at the instant you type, playlists that can be rearranged by dragging and dropping. Almost nothing online works as naturally; you wouldn’t even dream of managing your music with a Web tool. On the Web, to attempt anything complex — even to write a blog post — is to flirt with disaster, or at least annoyance.

Yet I aim not to gripe, but to offer hope. In recent weeks, I’ve been talking to many clever people who are using creative programming techniques to build a better World Wide Web. The online experience they envision is more responsive than the Web we use today, and it’s more useful and fun, too. On this better Web, you can drag and drop items to rearrange them, see a search box fill up while you type a query, and prompt an action as soon as you press a button. The model works, in other words, as intuitively as the best software in our lives. You’ve likely seen bits of it already. These new techniques power Gmail, Google’s fine Web e-mail system, allow you to drag maps in Google Maps, annotate pictures in Flickr, and use your mouse to reorder your movie queue in Netflix.

In addition to better software, I discovered something else about the new Web: Creativity is back. The idea that the Web is a giant get-rich-quick vehicle no longer pervades the business. Instead, recalling the mid-1990s, a host of truly talented people are looking at the Web as a canvas for their creativity. And there’s one small company that’s emblematic of this effort to build better applications, and, indeed, is pioneering an entire business philosophy designed to make the Web great. The firm is called 37 Signals, and if you’ve never heard of it, don’t worry. You’re likely to start using its software any day now.

37 Signals is named after the number of radio waves we’ve received from space that scientists consider potential signals of intelligent life. Its creators build the kind of applications you didn’t know you needed until you use them for the first time, at which point you wonder how you ever did without. Last year the company created Basecamp, a Web-based project-management tool unlike any project-management tool before it. If you’ve got a many-person task to do — any big project, from redecorating your house to redesigning your home page, planning your wedding to planning your wake — Basecamp gives all participants a central spot on the Web in which to plan and discuss the endeavor. The software has been adopted by hundreds of advertising firms, law firms, Web designers and book publishers.

More recently, 37 Signals launched Backpack, a program that does just what its name suggests — it gives users an easy, casual storage location on the Web, a place to scratch down important notes, draw up to-do lists, and store important files organized around specific tasks (say, all the stuff you need for a business trip). The Wall Street Journal has praised Backpack as the best tool of its kind, and perhaps more important, bloggers have been jumping for joy over it. Lifehacker, a blog that offers tips to help keep your life in order, calls the software “a perfect online replacement (or supplement) to that fancy notebook you’ve been scribbling in.”

Basecamp and Backpack represent the future of software on the Web not just because they’re elegant, easy-to-use programs that will likely make your life better. The two applications are also interesting because they were created in a novel way, using a new programming model that allowed 37 Signals to build each program very quickly, and with very few people. Indeed, this method of creating applications — doing it fast and on a tight budget — might well be called 37 Signal’s animating philosophy, its central mission.

“We have this big thing about embracing constraints,” says Jason Fried, the company’s founder. “When you have constraints — less time, less money — people care about every dollar they spend. Customers ask us, ‘How does Basecamp compare with other project-management tools?’ We say it does less. Our products do less, and that’s why they’re successful. People don’t want bloated products, and constraints force us to keep our products small, and to keep them valuable.”

Fried founded 37 Signals in Chicago in 1999, which, for the coast-dominated tech industry, is known as a long time ago in a galaxy far, far away. At first, the company worked on Web design. Given its distance from the epicenter of the industry, it brought a novel sensibility to the business of creating Web pages. The company’s own site from the time suggests that even during the boom — a time when nobody in the tech world advocated minimalism, when even the Pets.com sock puppet had a book deal — 37 Signals was devoted to less is more. The company’s home page was mostly white space, the main feature a list of links to 37 “nuggets of online philosophy and design wisdom.” Here’s one representative nugget: “What drives us is the knowledge that the everyday person is seeing only the smallest glimpse, 1/100th at best, of the full potential of interactive media today. To most folks, the Web is a scary place. Our mission is to change that perception.”

The story of how 37 Signals morphed from a Web design firm that built sites for businesses into a Web software company that builds applications for regular people is reminiscent of the Native American legend about Indian tribes who found a use for every part of the slain buffalo. Here’s the quick version: In the course of creating Web pages for businesses, 37 Signals realized it needed a tool that would give its clients an easy way to monitor progress on their designs. The tool it created, a Web-based program meant only for the firm’s internal use, was a hit with clients, many of whom wanted to use it for other projects at their offices. So Fried decided to transform the internal program into an application for everyone. In 2003, David Heinemeier Hansson, a programmer who lives in Copenhagen, Denmark, joined the firm to help with the task, and shortly thereafter 37 Signals released Basecamp to the public.

But in creating Basecamp, 37 Signals saw there were still other internal tools it could give to the world. Experienced programmers use a variety of programming languages to build systems for the Web — you may have heard of Perl, Java, PHP and others — but for Basecamp, Hansson used a relatively unknown programming language from Japan called Ruby. This turned out to have been an inspired choice, since it allowed him to create all the code he needed to run a Web application — what programmers call a “development framework” — from scratch. Hansson saw this framework would not only help 37 Signals build other programs, it would also prove handy for other developers. So last summer, 37 Signals released the framework as an open source software project called Ruby on Rails (about which more in a minute).

Launching a well-liked application like Basecamp and a complete development framework of Ruby on Rails in one year wasn’t enough for 37 Signals. In selling Basecamp, the company learned that customers loved the application’s to-do list feature. So this January the firm built a stand-alone to-do list site, a service that allows anyone to create a quick list of tasks, for free. The site, called Ta-da List, offers a good peek at the kind of software 37 Signals creates: easy, well-designed, highly functional small apps that ought to come with an addiction-danger warning.

Here’s another amazing thing about 37 Signals: Only five people work there. There’s no ad-sales department, no marketing team, no H.R. department, no tech support crew (Fried handles all customer questions himself), and no receptionist (there is an office in Chicago, but only Fried and another employee, Ryan Singer, work there; the other three people are in Utah, New York and Denmark). That’s what I mean about using every part of the buffalo. The company created all it did in a short time with very little start-up money — Fried eschews venture capitalists — and other resources. Instead, it put a premium on its experience, constantly looking for creative new ways to spin what it learned on one project into another one. The M.O. has paid off. Today, 37 Signals owes no money to early investors. Because the company is a private firm, its exact financials are unclear. But the picture is appealing. First of all, the company makes money from its Web applications. To use Basecamp, customers pay a monthly fee of either $24, $49 or $99, depending on the number of projects they manage, and $19 a month for Backpack (there are free versions as well). The firm also does occasional Web design projects and hosts design conferences. Fried says the company is making a profit.

Today, notes Fried, starting a tech company requires very little in fixed costs. Most hardware and software (stuff to host a Web site, for instance) is either free or almost free. Standard business processes like handling accounts and marketing are built into the Web. If you want someone to pay you it’s just a matter of setting up a Paypal account. If you’d like to advertise your site, you can buy an ad on Google, or somehow get bloggers to talk about you, raising your profile in Google. (37 Signals, which maintains a popular blog, got a great deal of buzz in the blog world.) “Your main cost is really labor,” Fried says, and if you’re passionate about what you’re doing, if you’re willing to go six months without a salary, that’s an avoidable thing as well.

The firm has also benefited from its use of Ruby on Rails. A good way to understand the value of Ruby on Rails is to think of it as something like Lego blocks of code — discrete pieces of programming bits that can be put together in ingenious ways to create Web programs easily. Most Web applications, even ones radically different from each other, need to do a basic set of tasks to accomplish anything. For instance, every Web program needs to have a way of getting input from the page a user is looking at, and of doing something interesting with that input (say, adding it to a database). Ruby on Rails has all of these functions built into it; in order to build basic steps, says Hansson, programmers just need to use prefab parts already built in, not spend their time writing rudimentary code.

There’s another advantage to programming with Ruby on Rails: It makes AJAX easy to use. AJAX is an intriguing — if much-hyped — programming method that makes Web pages work more like desktop programs. On most Web sites, pressing a link or a button is a two- or three-second affair — every time you press something, you’ve got to wait for the entire page to reload before you can do anything else. With AJAX, pressing a button causes an action to occur on the page more-or-less immediately, without having to reload. The name, which was coined by Jesse James Garrett, a designer at the San Francisco Web design firm Adaptive Path, is an acronym for Asynchronous JavaScript + XML; it essentially describes a way for a Web page to talk to a Web server in the background, without having to inconvenience the user in the process. AJAX is the magic in slick-looking applications like Google Maps, in which a map of the world can be moved with the click of a mouse. In older mapping programs, such as Yahoo’s, you’d have to wait for a page to reload each time you wanted to look at another part of the map.

These two features — the reusability of its code, and built-in Ajax — have helped to make Ruby on Rails increasingly popular among Web developers. Robot Co-op, a small Seattle company behind the popular sites 43 Things and 43 Places, developed its sites in Ruby on Rails. So did Odeo, the new podcasting company founded by Noah Glass and Evan Williams, one of the creators of Blogger.

“When I talk to developers about Ruby on Rails, they’re like, ‘This is the language I would have designed,’” says Jeff Veen, a pioneering Web programmer and one of the co-founders of Adaptive Path. Adaptive Path usually creates sites for other companies, but — following something of the model 37 Signals used in producing Basecamp — Veen has recently put together a small team of developers to create a Ruby on Rails application that the company plans to release to the outside world (the program, a tool to help bloggers measure traffic and other stats on their site, will be out by the end of the year, Veen says). Several other developers also attest that Ruby on Rails makes programming Web apps so easy that good ideas for Web programs are now within reach. “I’ve had some ideas for applications running around in my head for a while now,” says Rael Dornfest, chief technology officer of the tech book publishing firm O’Reilly. “Until now, they would have been prohibitively difficult to create in terms of time and structure. What Ruby on Rails has allowed me to do is express ideas in code more easily than it would have been without the framework.”

Expressing ideas in code is an apt description for what many new Web developers seem to be doing these days. What stands out about 37 Signals — as well as Adaptive Path, Odeo, the Robot Co-op, and a host of other successful Web firms — is the passion it has for new ideas. These people, you get the sense, truly understand the flexibility of the Web and are delighted by the power they possess to make it better.

Of course, they’re not looking to do it for free. But there’s no expectation of riches, either — or, more interestingly, there’s a sense that riches can actually damage the quality of the software. “The big point is personal satisfaction and enjoyment,” says Josh Petersen, one of the founders of Robot Co-op (which has received investment money from Amazon.com). “I’ve worked at big companies and big development teams and I don’t find it enjoyable. Now, one of my greatest joys is sitting at the same table with everyone else here, and getting to use an Apple computer at work.”

Every day, it seems, you hear stories about how Americans will have an increasingly difficult time competing in the global marketplace. Talking to someone like Fried — or Petersen, or other new Web entrepreneurs — prompts optimism. The Web is 10 years old. It’s basically untouched. With so many people now free to build their good ideas onto it, is it any wonder Kevin Kelly thinks they’ll remember us fondly in 3,000 years?

The thinking man’s action hero

Using paper clips, chewing gum, chocolate and down-home ingenuity, MacGyver always saved the day. Let's bring him back -- and give him a girl!

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The thinking man's action hero

It isn’t necessary to explain how, in the pilot episode of “MacGyver,” our mulleted, Midwestern hero gets himself trapped inside a top-secret research bunker overflowing with sulfuric acid. Suffice it to say, he needs to find a way out, and probably soon (because government agents are fixing to fire a missile at the bunker to prevent the acid from spilling into a nearby aquifer). Plus, he has to save the people he has found inside (among them a gun-wielding climate scientist who wants destroy the bunker in an effort to set back research into an ozone-layer-ruining weapon of mass destruction). Fortunately, MacGyver has a few chocolate bars, a scrap of sodium metal, a cold capsule, a pair of binoculars and cigarettes.

He uses the chocolate to plug up the leaking tank of acid — sulfuric acid reacts with sugar to form a kind of glue. The sodium, scraped into the shell of the cold capsule and splashed into a sealed bottle of water, makes for a handy time-delay bomb, which proves useful for blowing through a wall that blocks the group’s escape. The smoke from the cigarettes illuminates the bunker’s laser-beam security system that he has to get through to move through the bunker (no secret underground research lab is complete without lasers); MacGyver uses the binocular lens to aim the laser at its own control unit, shutting down the security system.

But how does he get out of the bunker? Oh, that’s the easy part: MacGyver finds a switch that controls the lights in an above-ground control tower. He flashes the lights on and off to send an SOS message in Morse code. The guys in the tower, realizing Mac’s in the bunker, alive, call off the missile — and for the first of 139 times during the show’s seven-year run from 1985 to 1992, MacGyver saves the day.

This first episode is nearly perfect. It neatly telegraphs MacGyver’s soul: A laid-back fellow oozing can-do heartland ingenuity, MacGyver is handsome but dorky, charming but self-effacing, a friend to orphans and children with disabilities, tolerant of people from foreign lands, and though he has every opportunity for indiscretion, he’s always a gentleman around women. MacGyver, played by the affable Richard Dean Anderson, works as a secret agent for a vaguely defined defense contractor whose intentions are always of the best sort. His gigs are of the usual action-hero variety — find stolen missiles, escape assassins, rescue civilians, humiliate dictators. But his near chastity, along with his staunch opposition to guns and capacity to solve every problem through the judicious application of chemistry and physics, sets him apart from other action stars. MacGyver is the thinking man’s hero.

Though, actually, when you go back to watch his adventures two decades after they first aired, you discover Mac’s target audience probably consisted mainly of boys, not men. I started watching the 139-episode DVD boxed set a few weeks ago, shortly after gadget blogs gleefully reported that Lee David Zlotoff, the series’ creator, said he was thinking of making a “MacGyver” movie. This jogged in me memories of boyhood, especially of how, after watching each MacGyver trick, I’d feel a bit invincible: I was small, but I was clever. Like MacGyver, I could take them.

But to adult eyes “MacGyver” is often too goofy by half. It’s not just that his tricks are improbable. At times — like when he interprets a deaf friend’s dreams to find clues to an impending missile theft — they seem to violate the show’s premise, that science beats brawn. In these instances, MacGyver doesn’t use science; he uses magic.

Then there are the children he befriends and the liberal orthodoxies he defends — tendencies that bump the show’s preachiness dial. Mac’s always popping up in foreign countries — Afghanistan, Myanmar — and running into kids and peasants who are oppressed by unsmiling overlords. In just about every second episode, he’s teaching kids about the dangers of guns, a position that, we learn in one episode, he came to as a boy, when a friend of his was killed by a gun. The antigun thing is a little specious, though: MacGyver’s got nothing but nothing but love for explosives, painful booby traps, fire extinguishers rigged up as projectiles, and enormous boulders that he sets up to fall on villains. The real reason he doesn’t use guns is obvious — he’d be able to shoot his way out of most traps, and that would be too easy.

I don’t mean to get down on “MacGyver.” There’s something in its flaws worthy of re-viewing, a particular moment in America preserved on TV. MacGyver is meant to exemplify a certain noble strain of American power. He doesn’t take the easy way out, and when in a jam, he uses what he finds around him to ingenious effect. If you strain you see a greater American story here too — that his ingenuity is frequently too good to be true, and leads to pat, uncomplicated endings that call for no greater reflection.

There’s also something striking about “MacGyver’s” moment in TV. Watch this show as a yardstick to measure how far we’ve come. Even the simplest dramas today — I’m looking at you, “CSI” — are complex and multilayered next to “MacGyver,” which underlines and explains everything, gums up all dialogue with exposition and introduces new, throwaway characters in each episode. There’s much hand-holding here: Even in foreign countries, everyone speaks English, every villain is one-dimensionally evil, and every tender moment is helped along by a swelling score.

But that’s why I hope someone makes a “MacGyver” movie. Mac needs a makeover. Lift him up to big-budget action standards — give him a story line that can span a couple of hours; give him a girl to love, but who may also cross him; give him a more complex mission (maybe to find out who’s putting all the salmonella in our salads?); and give the whole package fast, Paul Greengrass-style editing. Also, make sure one of his crazy solutions involves Mentos — people online go crazy for tricks with Mentos. Do all that and we might yet have a lasting American hero.

* * * * *

Read more of Salon’s Re-Viewed, offering a fresh look at great TV shows available on DVD.

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Goodbye to Machinist

Yo, I'm out.

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Goodbye to Machinist

Today much of the tech world is sad that the iPhone 3G’s launch is going so miserably. But I’m sad that it’s my last day at Salon.

I’ve accepted a job at Slate, where, starting next week, I’ll be writing a twice-weekly technology column. Machinist will go on a break for a week, after which a guest blogger will bring you the latest tech dish.

I joined Salon in 2002, and since then I’ve written about, among other things, Smart Cars, robotic vacuum cleaners, muffin toasters, voting machines, architecture and 9/11, Tower Seven, Bill Clinton, Terri Schiavo, Florida’s elections, “The Wisdom of Crowds,” Malcolm Gladwell, Linux, Daniel Levitin, the copyright industries, Lawrence Lessig, The New York Times, Martha Stewart, a mnemonic to remember the Solar System’s planets, Google, garlic, stem cells, Comcast, Apple, Speedo, taxes, Social Security, Antonin Scalia, Barack Obama, the robots’ plan to take over the Earth, Howard Stern, Stringer Bell, Current TV, campaign finance reform, MoveOn, Howard Dean, Nintendo, Total Information Awareness, Java, Alice Waters, “The West Wing,” Robert F. Kennedy, Jr., the Washington Post, Judy Miller, and Hurricane Katrina.

I’m pretty sure there’s no other news outlet on the planet which would have given me such latitude, and I thank everyone here at Salon for that. I also want to thank all the readers who’ve read my work, not to mention praised me, hounded me, kept me up late at night swearing at the screen. Don’t ever change.

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“True Enough” at Google, and in San Francisco

A YouTubey presentation of my book.

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As I mentioned in the comments yesterday, I’m getting ready to depart this space; I’ll have a fuller explanation tomorrow, sometime before or after I get in line to buy the new iPhone.

In the meantime, I thought I’d add a note about one of the more fun events related to my book’s release — the opportunity I had, in May, to speak at Google’s headquarters in Mountain View.

It was thrilling not only for the splendor of the place — even their commodes are computerized — and the welcoming attitude of my hosts at the Authors@ program (the company buys your books and hands them out to employees for free), but also because Googlers seemed to intuitively grasp my argument and posed many penetrating questions.

Google records these things and posts them up on YouTube, so if you’re looking for something to watch while eating a sandwich at your desk, have at it:

Another thing on the book: I’ll be reading and signing at Book Passage in the San Francisco Ferry Building next week — 6 p.m. on Thursday, July 17.

If you’d like to talk about facts, rumors, conspiracy theories, and spin in the digital age, do stop by.

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The iPhone 3G reviews are in: It’s pretty good

But battery life suffers, and the GPS isn't as great as you hoped.

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Walt Mossberg (WSJ), David Pogue (NYT) and Edward Baig (USA Today) have been using the new iPhone 3G for a couple of weeks now, and today they all dish on their experiences.

They were all fans of the first model, and they’re pretty happy about the new model’s new features. The reviewers say the phone’s 3G network access leads to a much zippier Internet experience, that its audio quality has been dramatically improved, and that it cozies up to Microsoft’s corporate e-mail system.

But there are some drawbacks, too: Mossberg finds the battery life lacking, and Pogue says that that the phone’s GPS antenna is too puny to be of much use.

Here’s Mossberg on the battery life:

More important, in daily use, I found the battery indicator on the new 3G model slipping below 20 percent by early afternoon or midafternoon on some days, and it entirely ran out of juice on one day. I overcame this problem by learning to use Wi-Fi instead of 3G whenever possible, turning down the screen brightness and even turning off 3G altogether, which the phone permits.

The iPhone 3G’s battery life is comparable to, or better than, that of some other 3G competitors. But they have replaceable batteries. The iPhone doesn’t.

And Pogue on GPS:

Unfortunately, there’s not much you can do with the G.P.S. According to Apple, the iPhone’s G.P.S. antenna is much too small to emulate the turn-by-turn navigation of a G.P.S. unit for a vehicle, for example.

Instead, all it can do at this point is track your position as you drive along, representing you as a blue dot sliding along the roads of the map. Even then, the metal of a car or the buildings of Manhattan are often enough to block the iPhone’s view of the sky, leaving it just as confused as you are.

None of the reviewers were provided with applications that third-party developers are creating for the iPhone (these will go on sale at Apple’s online App Store). Mossberg, though, writes that he tried out some of these apps on an older phone, and was pleased with the results:

I tested a game that used the phone’s motion sensors to control the action, and I tested several programs from America Online (TWX), including AOL Instant Messenger; AOL Radio, which streams music from the Internet; and AOL’s Truveo video search engine. All worked very well.

These apps will also work on old iPhones as well as on the iPod Touch.

The iPhone 3G goes on sale Friday at 8 a.m. But some enterprising folks have gotten a hold of them already — check out the Boy Genius Report blog’s unboxing photos.

I talked about how to get an iPhone in my video for Current TV this week:

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Scary! YouTube ordered to hand your viewing history to Viacom

But there's a silver lining to one of the most bone-headed legal decisions in recent times.

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Update: This post has been updated with comments from Viacom.

In the fall of 1987, a freelance reporter named Michael Dolan learned that judge Robert Bork kept an account at Potomac Video, a D.C. rental shop. This was at the height of the contentious and ultimately failed Senate confirmation hearings for Bork’s nomination to the Supreme Court — so naturally, Dolan thought there was a story here, and he went to work on getting a peek at Bork’s video rental history.

It wasn’t hard work. Dolan popped into Potomac Video one afternoon and asked if he could look at Bork’s movie file. “There sure are a lot of them,” the assistant manager replied. “Is it OK if I make a Xerox copy?”

That was OK with Dolan; weeks later, he published Bork’s rental history in the D.C. alt-weekly the Washington City Paper.

Bork’s taste in movies was itself unremarkable (“First off, despite what all you pervs were hoping, there’s not an X in the bunch, and hardly an R,” Dolan wrote). But the publication sparked outrage from groups on the right and the left — including the ACLU and People for the American Way, which had vehemently opposed Bork’s nomination.

In 1988, Congress, spurred by the fear that the press might now easily unearth all politicians’ movie habits, passed the Video Privacy Protection Act, which remains one of the strongest privacy laws in the nation. The law prohibits stores from disclosing video histories unless ordered to do so by a court — and even then, customers must be given “the opportunity to appear and contest the claim” of any party seeking to learn what you watched.

I tell you all this as a historical wind-up to yesterday’s shocking news: In the ongoing copyright battle between Viacom and Google, a judge ordered Google’s subsidiary YouTube to hand over an enormous trove of data identifying who watched what and when on the video-sharing site.

Viacom’s lawyers argued that they needed this data to prove that “infringing” videos — e.g., clips of “The Daily Show” and “The Colbert Report” — were more popular than non-infringing user-generated videos. Presumably, if it proves this, Viacom might prevail in its argument that YouTube’s bread-and-butter was illegal videos, and thus owes some of its success — and billions of dollars — to media companies.

The database in question is astonishingly broad: Viacom asked for 12 terabytes of logs (approximately 12,000 GB) that detail each instance in which someone pressed Play on a YouTube video, plus the YouTube username of the viewer who watched it, the date and time at which the user pressed Play, and the IP address of the viewer’s computer. The database covers videos seen both on YouTube as well as those embedded on other pages: If you’ve never visited YouTube but have clicked on a YouTube video from your daily newspaper’s Web site, you’re in the database.

Google objected to Viacom’s request on the grounds that producing the database would be expensive, time-consuming, and would invade YouTube users’ privacy. The judge — Louis Stanton of the Southern District of New York — Judge Stanton dismissed all Google’s arguments. The company’s “privacy concerns are speculative,” he wrote. (PDF here.)

Such pat reasoning should give you a general sense of the depth of bone-headedness in Stanton’s ruling. As Kurt Opsahl of the Electronic Frontier Foundation points out, the Robert Bork-inspired Video Privacy Protection Act applies not just to video cassettes but to “audio visual material” in general. Clearly it should apply here, and clearly, millions of YouTube users ought to have been given a chance to fight this invasion of our privacy.

But the real villain here isn’t Judge Stanton — it’s Viacom. I’ve previously raked the company over the coals for suing, rather than enjoying the fruits of, YouTube’s success (for instance last year, when it sacrificed potentially millions in ad dollars by pulling down the popular MTV clip of Britney Spears’ poor performance at the Video Music Awards).

But now Viacom’s sinking lower: Not content to fight just Google, the company looks to be manning the deck against us all. Sure, Judge Stanton might call this “speculative,” but think on it a bit: If Viacom’s willing to take on Google, what qualms will it have in suing you or me, recording industry-style, now that it knows what we did on YouTube? (Update: Viacom says it can’t use this data to sue you.)

All’s not lost. Google might manage to reverse this decision on appeal, and Viacom, gauging the outrage, could decide to withdraw or limit its request.

But our real hope here is legislative or regulatory action. Indeed, optimistic sorts might see a silver lining here.

As privacy scholar Jeffrey Rosen has written, “The politics of privacy tends to be largely reactive, fired by heartstring-tugging anecdotes that capture the public imagination.” Just as the airing of Robert Bork’s video history was the kick-start Congress needed to fix a clear privacy hole born out of then-new technology, this ruling might backfire on copyright holders, pushing lawmakers, finally, to curb the privacy-invading reach of copyright fights.

What we watch on YouTube is every bit as personal as what one rents from a store like Potomac Video. Indeed, it might be more private, and more salacious — imagine the fun you’d have if you were looking for unsavory data about a future Supreme Court nominee in 12 terabytes of YouTube logs!

In his floor speech in favor of the Video Privacy Protection Act, Vermont Sen. Pat Leahy argued that new database technologies capable of tracking private behavior called for new privacy regulations. That was two decades ago — and it remains true, still.

——

Update: A representative for Viacom e-mailed me to say that I’m overreacting. “We have no ability (and absolutely no desire) to use this data to sue end-users,” he argued, pointing out that all discovery documents in the case are bound by this confidentiality agreement.

Under this agreement, no one at Viacom will get to see these YouTube logs — only Viacom’s outside lawyers and experts, as well as court personnel, will have access to the data. The agreement also restricts the data to this case alone, which would seem to prevent the company from using the logs to sue users individually.

Michael Fricklas, Viacom’s counsel, told the New York Times, “I can unequivocally state that we will not use any of this information to enforce rights against end users.” He added that the company is looking into ways to “anonymize” the logs “to enhance the security of information that will be produced.”

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