CRN to host a nano-bio-techno conference

Tuesday, July 10, 2007

The Center for Responsible Nanotechnology will host Molecular Manufacturing Conference, "Challenges & Opportunities: The Future of Nano & Bio Technologies" to be held September 9-13, 2007 at the Radisson Hotel and Suites in Tucson.

From its press release:

Day one of the conference will focus on biotechnology, including both the underlying science and key applications. Day two will focus on nanotechnology, with an emphasis on the path to molecular manufacturing. Day three will look at the societal and environmental implications of nano/bio manufacturing. On the fourth day there will be assisted tours of Tucson area biotech and nanotech facilities.

The program will feature speakers covering a number of topics including: Tuberculosis and Bird Flu - New Epidemics in 2007; How to Build a Nanofactory; Military, Security, and Surveillance Issues; and more.

Click here to apply

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The right to water must be explicitly stated in the Constitution

Monday, July 9, 2007

JP has just published my Article on the right to water today:

Access to water is a fundamental human right

Mohamad Mova Al 'Afghani, Jakarta

Enough has been said about the depletion of our supply of fresh water from industrialization, deforestation and climate change. Now, the rise of megacities is also complicating the problem.

In a recent report, the United Nations Family Planning Agency (UNFPA) predicted half the world's population would be living in cities by next year, with the figure expected to grow.

This presents challenges for more effective land use, transportation and the fulfillment of minimum daily subsistence. Cities that fail to meet these challenges will become "failed cities", marked by the rise of megaslums.

The problem with water is that it is complicated by the fact that policy in this area is highly intertwined with other sectors. More food requires fine agriculture, which can also mean more water. More clothing requires industrialization, which can involve the use of more groundwater and the pollution of water sources. Housing can also cause problems if built above water catchment areas.

Failure by states to provide their populations with adequate water for drinking and sanitation can be considered a violation of international law.

Under Indonesia's current system, access to "water sources" is guaranteed by the Water Resources Law. Articles five and 16 of the law stipulate that every municipality must fulfill the minimum daily basic water needs of its local community.

However, the Constitution is silent on the right to water. The Water Resources Law for example -- due to the absence of the right to water in the Constitution -- only cites Article 33 of the Constitution, part of the economic chapter regulating natural resources.

This could be a problem, since water rights could then be perceived as existing only as derived from the economic provisions of the Constitution. Contrary to this interpretation, the international community now regards the right to water to be a part of the language of human rights.

The Constitutional Court acknowledged that access to water is a human right in its decision on the judicial review of the Water Resources Law. However, the court's decision does not bear the same weight as a provision of the Constitution.

Explicitly incorporating the right to water in the Constitution does not appear to be helpful at first glance. Adding more words to the Constitution will not provide more fresh water. But that's not how the legal system works.

The law, operating in the language of rights and obligations, helps answer questions on how to prioritize the allocation and use of existing resources. If, for example, there is a conflict between the right of an individual and the right of a company to exploit water, who should prevail? Does an individual have the right to challenge a factory because the water in his or her well is being depleted?

With the rise of megacities, the problem most likely to emerge will be disconnections from the water network. Imagine that in the future -- all at the same time -- the quality of groundwater worsens, reserves drop thanks to interference with catchment areas and urbanization drives up demand for water.

More and more people will rely on water networks for their supplies. Will water companies be able to disconnect those unable to pay?

Here is the question of whether we should see water consumers as mere actors in the market economy (who get their water as long as they pay) or as citizens (who are entitled to water regardless of whether they can come up with the money). If such a cases were brought to local courts where judges were not aware that access to water was a human right under international law, there is the danger that judgments will end up reflecting the narrow, market-oriented view of the consumer.

If, once again, the water resources law is perceived as only a derivative of economic chapters of the Constitution (Article 33), then the outcome of cases such as the hypothetical above would likely follow what has happened with other natural resources such as oil, gas and minerals.

But the way people need water is not the same as the way they need oil, gas or coal. So it is not adequate to argue about the right to water within the realm of Article 33. The right to water must stem from the human rights provisions of the Constitution, and that can only occur if it is expressly stated.

This does not mean that processed water should be available to everyone for free. A price should be associated with it to encourage people to conserve available resources. However, the provision of water and sewerage should be from the perspective of being a public service.

Individuals receiving the service are not mere consumers purchasing goods in the marketplace. They should be treated as citizens receiving services from the state. Their entitlement to water should be guaranteed by the government even if they are unable to pay.

It is the state's duty to respect, protect and fulfill the right to water. The quality and quantity of the amount of water individuals are entitled to must be clearly stipulated in law and not left to market mechanisms to decide. Water companies will have to be efficient and sustainable but at the same time pay due regard to prevailing regulations. Therefore, regulations on subsidies to the poor as well as speedy and cheap dispute resolution mechanisms when it comes to water disconnections must be in place.

Putting the right to water in the Constitution will not directly solve our water problems, but it will clarify to the government that they have a constitutional responsibility to provide this most essential of resources.

I think water issue should be given a substantial proportion during the current constitutional amendment process. The present law on water resources is not clear with regards to conflict between water exploitation right (used by companies) vs water use right (used by individual for daily subsistence). The best way is to state in the constitution that water is a fundamental human right.

Colombia, Ecuador, Eritrea, Gambia, Ethiopia, South Africa, Uganda, Uruguay and Zambia have provisions on the right to water in their constitutions.

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Law 2.0 business model: filtering and aggregation

Sunday, July 8, 2007

I have discussed the application of the long tail quite lengthy in several post. Recently David Hornik said in his blog that those who will gain money from the long tail phenomenon are aggregators and filterers:

The aggregators are those web businesses that seek to collect up as much of the Long Tail content as is possible, so as to make their "stores" a one stop shop for content no matter how popular or obscure. The value to consumers from these content aggregators is that they need not shop in dozens of places on the web in order to acquire a diverse set of content. As a result, aggregators are able to extract a disproportionate amount of value for the sale of each individual piece of content.

The filterers are those businesses that make it easier to find the content in which we are interested, despite the increasing proliferation of content creators, hosts, aggregators, etc. Again, while these different filtering technologies may make it slightly more likely that an end user finds his or her way to a piece of obscure content, it will not likely be sufficient to catapult an artist into the mainstream. The beneficiary of the filtering is the end user and the filterer, not the content owner per se.
I have discussed the value of filtering in my previous post:

More choice = more freedom
More freedom = more welfare

# More choice = more welfare (False?)

Barry Schwartz, a psychologist at Swarthmore suggest that the syllogism above could be false. In his book, "The Paradox of Choice", he argued that more choices are essentially good as it reflects improvements, but, there are dark sides of having more choices:

1. Paralysis. We don't choose at all. Many people stays single, right? :)
2. Poor decisions and performance quality. We made bad choices.
3. Dissatisfaction, dissappointment. We are not happy despite our choices.
4. Opportunity costs. The cost in choosing stuff could even be greater than the stuff itself!
5. Time Pressure. Too many choice makes us feel like we are being rushed.
6. Escalation of expectation. When we spent lots of time in choosing, we expect that the stuff we finally choose is a good stuff. When we turned out wrong, we become dissapointed.
7. Self Blame. Good feelings gradually reduces. Bad feelings escalates and change forms.

More choices is better, only if it occurs in any of these two situations. First, Preference Articulation. If you really know hat you want, more choice is better. Most people never have this. Or, second, Alignable Option. If the options can be scaled down to the similar size. Most people never have this too.

How would this be applicable to the legal business? Well, I see several opportunities. First, there are many blogs out there preaching about the law. There are quite so many boilerplates provisions available for free and listing documents (containing contracts) available also for free. The point is how to aggregate them. Some have been doing this through blog aggregators.

Filtering is done by making the best recommendations for clients, which blawgs or which legal service, or which legal form is preferable.

Both arguments above however, comes up with several assumptions:
  1. The legal society willingly shares its content (some fact: nobody shares boilerplates provisions freely, its not like uploading photos in flickr)
  2. Big lawfirms disagregates and legal business is conducted as a small-business (some fact: web 2.0 does not seem to have the power to "disagregate" giant lawfirms, yet)
  3. There is a web 2.0 social networking tool that would enable "small-business" lawyers to collaborate with people from other lawfirms. (some fact: it may not be in the nature of lawyers to collaborate with each other, except when they are defending the same client, of course)


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Is there a right to click?

Saturday, July 7, 2007

There is a right to development, to food, to adequate housing and living standard and to water. But, is there a right to broadband? The right to information? The right to click? Stephen's web put it nicely:
Other museums ban photography (like the museum in Taiwan, that wouldn't allow me to photograph 6,000 year old artifacts - I really really think the expiry date has passed, and I doubt that the creators will be motivated into creating any new 6,000 year old artifacts). Come on now - curators of the world, give us our heritage back.
I have discussed this problem in my previous post:
What about information?

Information is originally a non-excludable Good. If I write a song, I cannot prevent you from singing it or changing my melody. Information is also a non-rival good. I can sing as much as I want, but it doesn't consume it. Einstein had 'consumed' Newton's theory, but he does not dminish it instead but develop something else from it. So ideally, information is a public good.

But, since generating information takes cost, the Law changes the attributes of information into "non-rivalrous but excludable". So, it is the excludability that the Law changes. How? By installing the intellectual property regime. If I write a song, that song is mine, "excludable" from others. If you take my notations and sell it to a music recorder, I can sue you because it is my right (and will still be my right until 50 years of my death according to the Berne Convention and even 70 years according to EU Directive).

Since IP protection of the goods in museum had elapsed, I think as a rule, there shouldn't be any reason to prevent people from photographing it.

MMA

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Democratizing Technologies

Friday, July 6, 2007

You might want to read a report from Nanotechnology Engangement Group. Here's a snippet:
The power of technology is clear, but its governance is not. Who or what makes these world-shaping decisions? And in whose interests are they made? These are the questions posed by a growing number of researchers, NGOs, citizens, politicians and scientists who seek to challenge the way that science and technology is governed and invent new ways to democratise the development of new technologies.
Read the rest yourself here.

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The New Negative List of Investment

Thursday, July 5, 2007

Jakarta Post issued an editorial discussing the new investment's negative list:
It's true these sectors -- telecommunications and insurance -- became more restrictive, with foreign ownership in telecommunication companies (telcos) now restricted to 65 percent for mobile services and 49 percent for fixed network, with the insurance industry at 80 percent. The good news is however the new regulation is not retroactive so those foreign investors should rest assured their controlling ownership in those companies would not be contested.

In total, there are 11 sectors becoming more restrictive

While it's true some sectors would become more restrictive for foreign investors, more and more sectors are widened further to foreign ownership, including oil and gas exploration, the pharmaceutical industry and construction services. Some sectors, previously partially or wholly closed, are now opened to foreign investment, including health and education -- two of the most important sectors for the well being of the people. And we welcome this.

Drinking water is opened for investment with a condition that the maximum capital ownership of the foreign investor is 95%. To me this gives an impression that the Govt would like boost foreign investment in the infrastructure sectors. From one point of view, this is good. From another point of view, privatizing a Universal Service Obligation (USO) must be conducted with a great care, for the reasons I have explained here.

See the negative list yourself here (only in Bahasa for now, sorry).

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Global Technology Regulation

Tuesday, July 3, 2007

From James Hughes (et.al) new book:

The regulation of the threats of potentially apocalyptic technologies thus requires not only that the safety of emerging technologies be addressed by transnational agreements, but that these agreements create and support agencies capable of engaging in surveillance and verification at both the national and transnational level, with triggers for compelling enforcement mechanisms, from economic sanctions to military force.
What we need then, is a political globalization, and this is not occurring yet. Economy and Technology is becoming global but politics remained local.