Journal articles on the topic 'Corporation law, california'

During the late nineteenth century, as the “trust problem” occupied the attention of politicians and entrepreneurs across the nation, California farmers began an experiment that would irretrievably alter the form and function of agricultural marketing cooperatives. Taking a cue from the robber barons, leaders in the state's promising raisin industry set out to apply the advantages of corporation law—and of the modern trust—to the principles of cooperation. As early as 1899, the raisin industry's merger of corporation and cooperative caught the attention of the San Francisco Chronicle's agricultural editor, Edward F. Adams. “The principle of cooperation in [agriculture] for marketing purposes,” he wrote, “is identical with that of the cooperation of capitalists in what are called ‘Trusts.’”

A lack of female representation on corporate boards has plagued our country for decades. Until a few years ago, there was not a single state or federal regulation that required corporations to fill board seats with female directors. Instead, the federal government talked around the issue. In 2010, the SEC established an optional reporting structure for corporations to communicate their hiring practices, but did little else. With no national plan in place, many states implemented legislation that urged corporations to hire female directors. But this legislation barely moved the needle. The country needed a mandate. And in 2018, California implemented the first one – SB 826. SB 826 required each publicly held corporation with executive offices in California to place specific numbers of women on its board, depending on the board’s size. The private sector quickly followed, with institutions such as Goldman Sachs and Nasdaq announcing that in order to receive funding or list on its exchange, corporations must have at least one female director. After SB 826 was enacted, the number of women on California boards more than doubled. And many states are now using SB 826 as a model to enact similar bills. But while SB 826 saw few legal challenges overall, in May 2022, it was overturned under California’s Equal Protection Clause. Even if this decision is appealed, states looking to follow California’s lead should be cautious of another threat to such a mandate’s longevity – the internal affairs doctrine. The internal affairs doctrine is a conflict of laws principle that establishes that the state law of incorporation governs a company’s internal affairs. More than half of the corporations in the U.S. are incorporated in Delaware, leaving state statutes highly vulnerable to being rendered ineffective. It is clear that mandates work. But when mandates are put in place, they should stay in place. In this Note, I propose two alternative solutions [to the female representation problem] that would increase female participation on corporate boards. First, even if Equal Protection challenges ultimately fail, rather than relying on sporadic state statutes, stakeholders should pressure Delaware to enact a corporate code that would mandate female representation on corporate boards. Second, to circumvent Equal Protection challenges altogether, the private sector should expand its mandates to consider the number of female directors in relation to the size of each board, similarly to SB 826.

Public debate on mandating gender representation on boards of directors in the United States is close to a boiling point. California introduced a mandatory quota in 2018 only to see it constitutionally disqualified in 2022, and the Nasdaq Stock Market followed suit with new diversity rules in 2021 for all corporations listed on the exchange. While public discourse focuses on corporate performance, not much is known about the link between gender diversity and corporate normative obedience. In this study we explore the relationship between boardroom gender representation and corporate compliance with the law. We examine the impact of gender diversity on corporate obedience in a sample of 660 public corporations. Our findings indicate that gender diversity has a substantial positive impact on corporate compliance. Notably, every one percent increase in female representation on the board is associated with at least a four percent decrease in the probability that the corporation will be associated with a violation of the law. The key contributions of this Article to the literature are threefold: First, the findings of this Article call for an empirical reevaluation of gendered theories of female white-collar offenders. Second, this Article adds a unique perspective to the broad discussion of environmental, social, and governance (ESG) aspects of corporate purpose. Third, this Article sheds innovative light on the discussion about corporate social responsibility (CSR) and the means to enhance it.

On May 10, 2011, a jury verdict in the U.S. District Court for the Central District of California made California-based Lindsey Manufacturing Company the first company ever to be criminally convicted of violating the U.S. Foreign Corrupt Practices Act (FCPA).1 In a press statement, the Assistant Attorney General Lanny Breuer of the U.S. Department of Justice's (DOJ's) Criminal Division stated that ''Lindsey Manufacturing is the first company to be tried and convicted on FCPA violations, but it will not be the last.'' Understanding what led to the first ever criminal conviction of a corporation in the history of a law that is over thirty years old may add to attorneys' understanding of the current and evolving risks their clients face under the FCPA and how best to mitigate those risks. Neither has there been any recent change to U.S. law nor have U.S. authorities announced any official changes to enforcement policy. However, enforcement of anti-bribery laws in the United States, as well as in other jurisdictions, has become more aggressive and widespread. Increasingly aggressive enforcement also has intensified doubts about the value to corporations of cooperation with the U.S. and other enforcement authorities during FCPA investigations. This evolution of the enforcement landscape seems likely to have contributed to the Lindsey decision to defend against anti-bribery charges, and the conviction may in turn shift companies' calculation as to the benefits of cooperation. Companies worldwide have been watching the Lindsey trial closely and now await the sentence, as a gauge of what outcome may await other companies that choose to fight the U.S. Government in an FCPA case. However, the Lindsey conviction may not necessarily spur greater cooperation with enforcement authorities if current aggressive enforcement trends continue and the benefits of cooperation are sufficiently dubious. Regardless of the final outcome in Lindsey, now more than ever, clients should appreciate the value and importance of implementing an effective FCPA compliance program, as U.S. authorities have now amply demonstrated that they are willing and able to criminally prosecute uncooperative companies under the FCPA.

_ Early January brought with it significant changes in the environmental side of the oil and gas industry. ExxonMobil and Chevron, the two largest US oil producers, announced they will exit California, and the Biden administration froze LNG export approvals. After 50 years of producing oil in California, ExxonMobil will take a $2.5 billion writedown of the value of some of its California properties to be recorded in its fourth-quarter earnings. The company said the decision is primarily related to its Santa Ynez operations off the coast of Santa Barbara. Its US Securities and Exchange Commission (SEC) filing said, “While the Corporation is progressing efforts to enable a restart of production, continuing challenges in the state regulatory environment have impeded progress in restoring operations.” After the Refugio oil spill in May 2015 (approximately 100,000 gal), resulting from a leak from a pipeline owned by Plains All American Pipeline, ExxonMobil acquired the damaged asset in October 2015. Just a few months before the purchase, the Santa Barbara County Board denied ExxonMobil’s request to truck its oil produced off the coast of Gaviota to its Las Flores Canyon processing facility and on to refiners located in Pentland, California. Seeking an alternative, ExxonMobil planned to replace two stretches of the 112-mile corroded pipeline for transit of its oil. Met with opposition to replace the damaged pipeline and denied permission to repair and restart production at the site (halted since 2015), ExxonMobil is now selling the Santa Ynez operation to Sable Offshore, a blank-check company created in 2020. The company will loan Sable the money for the purchase of its three offshore production platforms, pipeline, and onshore processing facility. Sable’s agreement with ExxonMobil requires production to be started by early 2026 or the assets and liabilities revert to ExxonMobil. Chevron, headquartered in San Ramon, California, will write down $3.5 billion to $4 billion in assets, citing its home state’s regulations that “have resulted in lower anticipated future investment levels.” The company intends to continue operating its oil fields and related assets. In the SEC filing, Chevron wrote it also will incur fourth-quarter charges related to decommissioning of US Gulf of Mexico assets that have reached the end of their productive lives. The company sold some of those assets, but US law stipulates that previous owners may be responsible for those costs if the current owner declares bankruptcy. Chevron wrote it’s “probable” that it may see such costs. January closed with another unexpected announcement on 26 January. The Biden administration paused decisions on permits to export LNG to non-free trade agreement countries to review current projects seeking approvals. US Energy Secretary Jennifer Granholm stated, “We must review export applications using the most comprehensive, up-to-date analysis of the economic, environmental, and national security considerations.” She added that this was not a ban on exports and would not affect already authorized exports, which when combined with existing plants, total 48 Bcf/D. “Within this decade another 12 Bcf/D of US export capacity already authorized and under construction will come online,” Granholm said. While environmental impact (greenhouse gas emissions including CO2 and methane) was one of the reasons for the decision, along with market, economic, national security, and energy security, Granholm pointed out that facilities totaling 22 Bcf/D of capacity have been approved but have not yet started construction. This capacity, combined with existing infrastructure, is “more than enough to make the US a ‘behemoth’ in the LNG field,” according to Holland & Knight in an analysis dated 29 January. The international law firm said this raises the question of whether further development of LNG facilities could hurt US citizens as higher percentages of produced gas are exported. “This line of thinking follows the historical rhetoric on this issue as domestic users of natural gas want to ensure their feedstock price is stable. To support those claims, recent studies have concluded that ‘higher LNG exports create a tighter domestic natural gas market (all else held equal), increasing domestic natural gas prices.’” Could unintended consequences of these recent announcements rear up in the future? And could they be a behemoth for the US or global markets? For Further Reading Growth in 2022 US LNG Liquefaction Capacity Hits Top of the Charts by Pat Davis Szymczak, SPE Oil and Gas Facilities.

This article gives an overview of current legal initiatives for enhanced transparency regulations for corporations and the actions they take against trafficking in human beings (THB). The California Transparency in Supply Chains Act (CTSCA) has an influence on legal initiatives in Europe, in particular in the United Kingdom. The UK's Modern Slavery Act includes the obligation for corporations to report on actions taken against THB and slavery. In addition, at the European Union level, measures to enhance obligatory reporting on non-fnancial matters, such as human rights matters, are to be implemented in national legislation in the next years. This article compares the California Transparency in Supply Chains Act with the UK's Modern Slavery Act. In order to decrease exploitation along the supply chain, the article concludes that legislation should not only require obligatory reporting but also oblige corporations to implement measures to prevent THB related to their activities.

While Mexico’s agricultural exports have rapidly expanded over the past two decades, a strike by farmworkers in San Quintín, Baja California, in 2015 drew attention to the labor problems and workers’ demands in the industry. In response, foreign agribusiness corporations implemented private labor standards through fair-trade labels to address these problems in their global produce supply chains. Based on ethnographic research, I argue that these private standards fail to improve farmworkers’ labor conditions and instead serve to “fairwash” fresh produce and to prevent union organizing even when rights under Mexican law are violated. While fair-trade programs provide little empowerment to agricultural workers, I document how farmworkers have developed alternative visions of food justice through independent labor organizing.

Mexico is the largest soft drink market in the world, with high rates of obesity and type 2 diabetes. Due to strains on the nation’s productivity and healthcare spending, Mexican lawmakers implemented one of the world’s first public health taxes on sugar-sweetened beverages (SSBs) in 2014. Because Mexico’s tax was designed to reduce SSB consumption, it faced strong opposition from transnational food and beverage corporations. We analysed previously secret internal industry documents from major corporations in the University of California San Francisco’s Food Industry Documents Archive that shed light on the industry response to the Mexican soda tax. We also reviewed all available studies of the Mexican soda tax’s effectiveness, contrasting the results of industry-funded and non-industry-funded studies. We found that food and beverage industry trade organisations and front groups paid scientists to produce research suggesting that the tax failed to achieve health benefits while harming the economy. These results were disseminated before non-industry-funded studies could be finalized in peer review. Mexico still provided a real-world context for the first independent peer-reviewed studies documenting the effectiveness of soda taxation—studies that were ultimately promoted by the global health community. We conclude that the case of the Mexican soda tax shows that industry resistance can persist well after new policies have become law as vested interests seek to roll back legislation, and to stall or prevent policy diffusion. It also underscores the decisive role that conflict-of-interest-free, peer-reviewed research can play in implementing health policy innovations.

This case is based on Coding Autism, a limited liability company founded in April 2017 and located in Westlake Village (California). The case features the decision process followed by the cofounder, Oliver Thornton regarding the opportunity to seek B Corp certification. B Corp is a certification granted by the nonprofit B Lab founded in Philadelphia in 2006 that recognizes for-profit organizations for meeting the “highest standards of verified social and environmental performance, public transparency, and legal accountability and aspire to use the power of markets to solve social and environmental problems.” The case describes the social issue, the start-up, and the social entrepreneur’s background as well as his rationale and analysis finally to become a certified B Corp. The case introduces the students to the social issue of unemployment among young adults within the Autistic spectrum. It also explains what a B Corp is, the process to become certified, the B Impact Assessment, as well as the advantages and disadvantages of seeking the certification. It also describes the differences between the B Corp certification and the relatively new legal status, the benefit corporation. This case sheds light on a critical question relevant for social entrepreneurship students, scholars, and sustainable business practitioners.

Purpose The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of corporate businesses for modern forms of exploitative labour practices described as the modern forms of slavery. Design/methodology/approach In the first part, this paper outlines international, regional and EU instruments, UK and Turkish jurisdictions in relation to modern forms of slavery. The second part reviews legal frameworks for corporate liability for modern forms of slavery. Findings Slavery, slavery-like practices or some other exploitative practices are prohibited by numerous international law instruments starting from 1904. Apart from old forms of defined exploitative practices, multiple relevant current exploitative practices, called contemporary or modern forms of slavery exist all over the world. Under various international or regional conventions signatory States have been held responsible for exploitative practices by the international or regional courts or supervisory bodies, yet businesses were largely overlooked as a participating partner in the global movement to eradicate modern forms of slavery. For many years, multi-national businesses have engaged with various voluntary international corporate social responsibility initiatives in response to demands to operate in a socially responsible manner. There is a growing global recognition of the role corporate businesses can and should play in tackling crime and exploitative practices. A number of initiatives at the international and EU level and the introduction of the California Transparency in Supply Chains Act, (2010 – effective from 2012), the UK Modern Slavery Act 2015, the French Act on Due Diligence of Corporations and Main Contractors 2017 (loi sur le devoir de vigilance), the Australian Commonwealth Modern Slavery Act 2018, the Dutch Child Labour Due Diligence Act 2019, (which is due to come into effect in mid-2022), reflect this recognition. Originality/value This paper argues that it is important for companies to use available tools, participate in joint initiatives and advocate for binding international and regional instruments and effective national legislation and action – all aimed at ending business involvement in modern forms of slavery.

Purpose – This paper aims to ask how much forced labor and trafficking have changed since the abolition of the trans-Atlantic slave trade and whether businesses and governments are taking adequate measures to remove slavery from international supply chains. Design/methodology/approach – It looks at three of the most high-profile slavery cases in the past four years and asks whether modern manifestations of slavery are any different from the traditional forms we associate with the colonial governments of the eighteenth century. It sets out the latest theories behind the unexpected increase in forced labor. It also addresses the scope, successes and shortfalls of three anti-slavery enactments proposed in the past four years, to ask how much is being done to fully update international labor laws and why certain efforts could prove insufficient. Practical implications – It points out that the government of California and the International Labor Organization have successfully implemented rigorous and savvy anti-slavery laws, but the UK has yet to produce a draft Bill that would put British anti-slavery efforts in the appropriate international context. Social implications – It argues that international corporations must acknowledge that many of the countries in which they operate lack the institutional capacity to enforce the rule of law, so the responsibility to uphold modern-day standards often rests with the businesses themselves. Originality/value – It argues that existing international anti-slavery conventions have failed to suppress the slave-trade boom because they do not reflect the shift in economic control from governments to the private sector and its trans-national network of supply chains.

This Review provides an overview of the comparative review of data privacy laws and compliance, focusing on the European Union's General Data Protection Regulation (EU GDPR) and data protection regulations in the United States. The analysis explores key similarities and differences, emphasizing their implications for businesses and individuals. The EU GDPR, implemented in 2018, stands as a landmark regulation governing data protection and privacy for individuals within the European Union and the European Economic Area. In contrast, the United States lacks a comprehensive federal data privacy law. Instead, it relies on a patchwork of sector-specific laws and state regulations, such as the California Consumer Privacy Act (CCPA) and the Health Insurance Portability and Accountability Act (HIPAA). One major distinction lies in the overarching principles of these regulations. The EU GDPR adopts a comprehensive and rights-based approach, emphasizing individual rights to privacy, data portability, and the "right to be forgotten." In contrast, the U.S. system often focuses on specific industries or types of data, leading to a more fragmented regulatory landscape. Both regulatory frameworks incorporate principles of transparency, consent, and data breach notification. However, differences in enforcement mechanisms and penalties exist. The EU GDPR imposes significant fines for non-compliance, reaching up to 4% of a company's global annual revenue. In the U.S., penalties vary by state, and enforcement is often reactive, triggered by data breaches. Businesses operating globally must navigate these distinct regulatory landscapes, necessitating a nuanced approach to data privacy compliance. Multinational corporations must adhere to the more stringent requirements when handling EU citizens' data while also considering the diverse regulations within the U.S. This review underscores the ongoing evolution of data privacy laws worldwide and the critical importance for organizations to stay abreast of these developments. It emphasizes the need for a proactive and adaptive approach to data privacy compliance, taking into account the unique requirements and expectations of both the EU GDPR and U.S. regulations. Keywords: Data Privacy, Laws, Compliance, EU GDPR, Regulations.

Ever since the corona virus pandemic began, a significant chunk of the world population has lost its life. But despite the enormous number of deaths the world has seen, its demand for food seems to be on the rise. The global health crisis has deteriorated the economies worldwide, causing people to lose their jobs at an unimaginable rate. With millions of people employed, the food insecurity graph is rapidly climbing. In October 2020, The UN’s Food and Agriculture Organization (FAO) reported that food insecurity impacts more than 2 billion people, citing an increase of 10 million from October 2019. Suffice to say that the demand for food is climbing, and studies suggest that it will continue to grow, forcing the food industry to feed 10 billion mouths by 2050. And with meat being the primary source of protein, and in general, food, relying on industrial animal agriculture for meat products is getting more and more unsustainable. That is why many food manufacturers have developed environmentally sustainable ways to produce meat in a lab without harming the animals. The meat produced in an artificial environment is cultivated, cell-based, slaughter-free, cultured, cell-cultured, or clean meat. And by the looks of the food market, it seems that cultured meat will take over the entire industry in the future. Cultivated Meat: The Science The science behind cultured meat is pretty simple; experts cut out stem cells from an animal under anesthesia. The procured sample is then placed with nutrients, growth factors, salts, and pH buffers and left to proliferate. The resulting product is slaughter-free meat. Although the process of cultivating faux meat is slow, the industry is beginning to flourish at a remarkable rate. Figure 1. Red meat steak with red chilies and black peppers Staggering Stats Forbes has reported that the global cultivated meat market is expected to grow $15.5m by 2021 and $20m by 2027, and nearly 35% of all meat available in the market by 2040 will be cell-based. According to another study conducted by the Institute of the Future in Palo Alto, cultivated meat will be a standard product in supermarkets by 2023. Despite being a relatively recent synthetic product, cultured meat seems to be going mass-market quite early on in its life. It was only four years ago when an American company created quite a buzz producing meat-less, cell-based meatballs. The Beginning of Cell-Based Meat Industry The California-based company Memphis Meats introduced cultured meatballs four years ago as an alternative to real meat. Since then, the company has been working on mega projects to lunch cell-based meaton a much larger level worldwide. Memphis Meats’ CEO, Uma Valeti, is hell-bent on providing the world with slaughter-free meat to reduce the risk of heart disease and offer an affordable meat-like meat alternative. His corporation is currently working on a pilot plant to produce beef, chicken, and duck on a mass scale. Memphis Meat is not the only player in the market; many other cell-based meat manufacturing companies are also working to scale their businesses to boost supply. San-Francisco’s Artemys Foods, Berkely-based Mission Barns, and San Diego-based BlueNalu are all working on sustainable ways to supply cultivated meat, which includes fish and duck, to the growing world population.

Abstract Background:Racial disparities in multiple myeloma (MM) outcomes are well established. Clinical characteristics and cytogenetic abnormalities dictate outcomes in MM but historically they have been mostly defined in White patients with paucity of information regarding racial-ethnic minorities. Hispanics are the fastest growing racial-ethnic subgroup in United States and have the worst overall survival (OS) in MM but differences in disease presentation among Hispanics compared to Whites, the historical control, are undefined. Methods: MM patients seen at Mayo Clinic in Florida (MCF) and Arizona (MCA) between 1/1/2000-06/15/2017 were included. Patient and disease characteristics including gender, age at diagnosis, bone marrow (BM) plasmacytosis, laboratory data [M spike, creatinine (Cr), beta-2-microglobulin (B2M), Hemoglobin (Hb), calcium (Ca)], MM subtype [IgG, IgA, light chain (LC), other], LC subtype (κ, λ, biclonal), presence of lytic bone lesions, disease stage (DS, ISS, R-ISS), mSMRT cytogenetic risk category, presence of individual cytogenetic mutations (deletions, translocations, gains, trisomy/hyperdiploidy) was collected. Comparisons between Hispanic study cohort characteristics and historical control were made by Chi-square, Fischer's exact and Signed rank tests, where applicable, using data from previous publications [Kyle et al, 2003 (n=1027) and Fonseca et al, 2003 (n=351)]. Patients with missing data on a certain clinical or disease feature were not included in the statistical analysis of that specific characteristic. Results: A total of 1705 MM patients were screened and 266 Hispanic patients seen at either site between the specified dates were identified for the analysis. These included equal number of males and females (n=133 each) with a median age of 58 years (range 25-87). IgG disease was seen in 52% with IgA and LC subtypes in 23% each. LC subtype was κ in 67%, λ in 31% and biclonal in 2% cases. Lytic and extramedullary disease were noted in 71% and 44% patients, respectively. DS and R-ISS stage at the time of MM diagnosis was not available in most patients while ISS stage among 150 patients showed stage 1, 2 and 3 in 48%, 28% and 24% patients, respectively. mSMART risk categories were present in 226 patients and included high, intermediate and standard risk in 12%, 11% and 77% patients, respectively. Of these 226 patients, cytogenetic disease prior to starting any MM treatment was available in 153 patients with similar risk category distribution. Median follow up for the whole Hispanic cohort was 38.6 months with a median OS 10.7 years (Figure 1). Comparison with historical control datasets which were 97% or greater comprised of White patients showed some significant differences for the Hispanic cohort including gender distribution, median age, BM plasmacytosis at the time of diagnosis, median Hb, Cr or M spike at presentation, light chain subtype, presence of lytic bone disease and certain cytogenetic alterations including t(4;14) and del13q/monosomy (Table 1). We did not note differences in high-risk cytogenetics between Hispanics and historical White controls. Conclusions: We report the first description of clinical and cytogenetic characteristics of Hispanic MM patients. The current and historical datasets that we have used are all from Mayo Clinic experience, thus making reasonable comparisons possible. We were able to confirm previous reports of demographic differences in Hispanics e.g., younger age at diagnosis. While some characteristics were significantly different, the clinical and cytogenetic differences we note do not clearly explain the inferior OS noted for Hispanics in population-based studies. Significant differences that we report warrant continued exploration in larger institutional and public databases in addition to a continued look into healthcare access and utilization. An ongoing collaborative analysis with data from Mayo Clinic, University of Miami and University of Southern California, Los Angeles is ongoing. Disclosures Fonseca: AMGEN: Consultancy; Jansen: Consultancy; Mayo Clinic & Dr Fonseca: Patents & Royalties: Prognostication of myeloma via FISH, ~$2000/year; Celgene Corporation: Consultancy, Research Funding; Merck: Consultancy; Adaptive Biotechnologies: Membership on an entity's Board of Directors or advisory committees; Bayer: Consultancy; Bristol-Myers Squibb: Consultancy; Takeda: Consultancy; Sanofi: Consultancy; Pharmacyclics: Consultancy; Novartis: Consultancy. Kelly: Pharmacyclics: Honoraria; Abbvie: Honoraria; Amgen: Honoraria; Jannsen: Honoraria. Sher: LAM Therapeutics, Inc: Research Funding. Ailawadhi: Pharmacyclics: Research Funding; Takeda: Consultancy, Honoraria; Amgen: Consultancy, Honoraria; Novartis: Consultancy, Honoraria.

Background: CD74 is highly expressed on B cell malignancies, including non-Hodgkin's lymphoma (NHL) and multiple myeloma (MM). STRO-001, a novel CD74-targeting ADC was generated using Sutro's cell-free protein synthesis (XpressCF™) and site-specific conjugation (XpressCF+™) platform technologies. STRO-001 contains a potent maytansinoid warhead conjugated to two specific sites (drug-antibody ratio of 2) using a stable non-cleavable linker. This first-in-human Phase 1, open-label, multicenter, dose escalation study was designed to evaluate the safety, tolerability, and preliminary anti-tumor activity of STRO-001 in adults with B-cell malignancies. Methods: Patients with advanced, relapsed/refractory MM and NHL are eligible for enrollment. STRO-001 is administered as a 60-minute IV infusion on Days 1 and 15 of a 28-day cycle until disease progression or unacceptable toxicity. Two cohorts, one for MM and one for NHL patients, were initially enrolled with an accelerated dose titration design (N of 1), but are now being enrolled and analyzed independently with a traditional 3+3 dose escalation design. Results: As of July 15th, 25 patients (14 MM and 11 NHL), have been treated at 7 dose levels: .05, .075, .15, .27, .43, .65 and .91 mg/kg. NHL subtypes include: 3 follicular lymphoma (FL), 1 marginal zone lymphoma, 4 diffuse large B-cell lymphoma (DLBCL), 1 Burkitt's lymphoma, 1 mantle cell lymphoma and 1 composite DLBCL/FL. Ten females and 15 males have been treated to date. Median age is 64 (range 21-82). Median ECOG performance status is 1 (range 0-2). Median number of prior therapies is 6 (range 2-12). Three patients (2-MM and 1-NHL) had received CAR-T therapy. Median number of STRO-001 doses administered is 4 (range 1-12). 21 patients have completed at least one cycle (two doses) of STRO-001 and are evaluable for safety and toxicity for dose escalation recommendation. One MM patient progressed after one dose of STRO-001 and was not evaluable for dose limiting toxicities (DLTs), while 2 patients are currently completing Cycle 1 and not yet evaluable for DLTs. Most AEs are grade 1 or 2 (58%) with the most common grade 1-2 TEAEs of fatigue, chills, pyrexia, cough, nausea, headache and infusion reaction occurring in ≥ 20% of patients. 2 DLTs have been observed, one grade 3 and one grade 5 thromboembolic events, which resulted in a protocol amendment requiring screening for thrombosis at baseline (Doppler US for patients with non-bulky disease, and CT venogram with contrast for patients with bulky disease ≥ 8 cm.) Since implementing this requirement, 3 out of 10 patients enrolled were found to have preexisting thromboses and were allowed on study with anticoagulation and no additional thromboembolic events have been observed. 19 of 21 (90%) of treatment discontinuations have been secondary to disease progression. One patient with DLBCL achieved a complete response after 2 cycles (Figure 1) and progressed after 12 doses (6 cycles). An additional DLBCL patient achieved a partial response at Cycle 3. A patient with MM has stable disease after 6 doses (3 cycles). Four patients remain on treatment and dose escalation is ongoing. PK and anti-drug antibody (ADA) analyses are ongoing. Preliminary PK analysis of ADC shows exposure increased (Cmax from 0.39 to 8.2 µg/mL) and (AUC0-tlast from 0.41 to 21 h*µg/mL) as dose increased from 0.05 to 0.65 mg/kg. Summary/Conclusion: STRO-001 is the first ADC generated with novel cell-free protein synthesis technology and site-specific conjugation with the non-natural amino acid pAMF to be tested in the clinic. STRO-001 has been well-tolerated. No ocular toxicity signals have been observed and the MTD has not been reached. Preliminary anti-tumor activity observed in 2 patients with DLBCL is encouraging. The study continues to enroll patients in dose escalation. This study is registered with clinicaltrials.gov identifier NCT03424603. Disclosures Shah: Oncosec: Equity Ownership; Cell Vault: Consultancy, Equity Ownership; Exelexis: Equity Ownership; Geron: Equity Ownership; Incyte: Consultancy; Celgene: Other: Advisory Board; Lentigen: Honoraria, Research Funding; Kite Pharma: Other: Advisory Board. Krishnan:Takeda: Research Funding; Celgene, Z Predicta: Other: Stock Ownership; Celgene, Janssen, Sanofi, BMS: Consultancy; Sutro BioPharma, zPredicta: Consultancy; Amgen, Takeda: Speakers Bureau. Shah:University of California, San Francisco: Employment; Bristol-Myers Squibb: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Amgen: Consultancy, Honoraria, Membership on an entity's Board of Directors or advisory committees; Nkarta: Consultancy, Membership on an entity's Board of Directors or advisory committees; Kite: Consultancy, Membership on an entity's Board of Directors or advisory committees; Teneobio: Consultancy, Membership on an entity's Board of Directors or advisory committees; Genentech, Seattle Genetics, Oncopeptides, Karoypharm, Surface Oncology, Precision biosciences GSK, Nektar, Amgen, Indapta Therapeutics, Sanofi: Membership on an entity's Board of Directors or advisory committees; Poseida: Research Funding; Indapta Therapeutics: Equity Ownership; Celgene, Janssen, Bluebird Bio, Sutro Biopharma: Research Funding. Burke:Celgene: Consultancy; Roche/Genentech: Consultancy; Gilead: Consultancy. Melear:DARA: Speakers Bureau; Texas Oncology: Employment. Spira:Virginia Cancer Specialists: Employment; MedImmune: Research Funding; Roche: Research Funding; AstraZeneca: Research Funding; Boehringer Ingelheim: Research Funding; Astellas Pharma: Research Funding; Novartis: Research Funding; Incyte: Research Funding; ADC Therapeutics: Research Funding; Abbvie: Research Funding; BMS: Consultancy; Newlink Genetics: Research Funding. Popplewell:City of Hope: Employment. Andreadis:University of California, San Francisco: Employment; Celgene: Research Funding; Genentech: Consultancy, Employment; Gilead: Consultancy; Jazz Pharmaceuticals: Consultancy; Juno: Research Funding; Kite: Consultancy; Merck: Research Funding; Novartis: Research Funding; Pharmacyclics: Research Funding; Roche: Equity Ownership. Sharman:Acerta: Consultancy, Honoraria, Research Funding; AbbVie: Consultancy, Honoraria, Research Funding; Janssen: Consultancy, Research Funding; AstraZeneca: Consultancy, Honoraria, Research Funding; TG Therapeutics: Consultancy, Honoraria, Research Funding; Pharmacyclics LLC, an AbbVie Company: Consultancy, Honoraria, Research Funding; Genentech: Consultancy, Honoraria, Research Funding. Kaufman:Janssen: Honoraria; AbbVie: Consultancy; Amgen: Consultancy; Takeda: Consultancy; Bristol-Myers Squibb: Consultancy; Incyte: Consultancy; Karyopharm: Membership on an entity's Board of Directors or advisory committees; TG Therapeutics: Consultancy; Celgene: Consultancy; Pharmacyclics: Membership on an entity's Board of Directors or advisory committees; Winship Cancer Institute of Emory University: Employment. Cohen:Seattle Genetics, Inc.: Consultancy, Research Funding; Bristol-Meyers Squibb Company: Research Funding; Janssen Pharmaceuticals: Consultancy; LAM Therapeutics: Research Funding; UNUM: Research Funding; Hutchison: Research Funding; Astra Zeneca: Research Funding; Lymphoma Research Foundation: Research Funding; ASH: Research Funding; Takeda Pharmaceuticals North America, Inc.: Research Funding; Gilead/Kite: Consultancy; Genentech, Inc.: Consultancy, Research Funding. Niesvizky:Takeda, Amgen, BMS, Janssen, Celgene: Consultancy, Research Funding. Martin:Amgen, Sanofi, Seattle Genetics: Research Funding; Roche and Juno: Consultancy. DiLea:Aclairo Pharmaceutical Development Group, Inc.: Employment. Kuriakose:Sutro Biopharma: Employment, Equity Ownership. Matheny:Sutro Biopharma: Employment, Equity Ownership. Leonard:AstraZeneca: Consultancy; Bayer Corporation: Consultancy; Celgene: Consultancy; Sandoz: Consultancy; MorphoSys: Consultancy; Karyopharm Therapeutics: Consultancy; Sutro Biopharma: Consultancy; Merck: Consultancy; BeiGene: Consultancy; Gilead: Consultancy; Nordic Nanovector: Consultancy; ADC Therapeutics: Consultancy; Miltenyi: Consultancy; Akcea Therapeutics: Consultancy; Epizyme, Inc: Consultancy; Genentech, Inc./F. Hoffmann-La Roche Ltd: Consultancy. Molina:Sutro Biopharma: Employment, Equity Ownership.

It has been over seven years since the California Supreme Court thrust the thorny issues associated with multijurisdictional legal practice onto the American Bar’s agenda with its decision in Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court of Santa Clara County. The Birbrower court held that a New York law firm, none of whose attorneys were admitted to practice law in California, committed the unauthorized practice of law by advising a California corporation in an impending California arbitration. Most troubling from a practitioner’s perspective was the court’s suggestion that an attorney might practice law “in California,” and thereby commit the unauthorized practice of law there, by “virtually” entering the state through telephone, fax, or e-mail. The Birbrower decision generated a great deal of anxiety among American lawyers and prompted the American Bar Association to create a Commission on Multijurisdictional Practice (“MJP Commission”). The MJP Commission was formed in July 2000, with a mandate to report on the state of multijurisdictional practice in the United States and to make recommendations that would facilitate that practice in the public interest.

Federal Forum Provisions (FFPs) direct all Securities Act litigation filed in state court to federal court. Delaware’s Supreme Court has ruled that FFPs are facially valid. To date, each state court that has addressed the merits of the question has enforced the FFP before it as lawful and reasonable. Questions regarding FFP mechanics nonetheless abound, and this Article addresses the most common FAQs about FFPs. In particular, corporations should consider adopting an FFP now. Waiting has no benefit. Publicly traded corporations can most conveniently adopt an FFP in the form of a bylaw. Privately held entities face potential Securities Act liability in connection with registration violations and section 12(a)(2) liability and can adopt FFPs either as charter or bylaw provisions. We view the charter-bylaw distinction as a matter of close-to-indifference. It is also reasonable for corporations chartered outside of Delaware to adopt FFP provisions, inasmuch as most state courts draw substantial guidance from Delaware precedent. A California trial court recently held that claims against underwriters were not covered by the FFP at issue in that matter. We disagree and welcome California Court of Appeals review of that issue. Other California trial courts have disagreed, as well, finding that substantially identical FFPs do apply to underwriters. However, an essentially costless revision of the form of FFP considered by the California trial courts would eliminate any risk, and we provide two alternative forms of FFP that achieve that result. Corporations with FFPs already in their charters can adopt an additional bylaw to address this risk, or they can amend their charters. Some FFPs designate a specific federal district court, typically the district in which the corporate headquarters is located, as the venue in which litigation is to proceed. Arguably, federal law governing venue will likely cause the case to proceed in the headquarters district in any event, so companies considering specifying a certain federal district court in the FFP should weigh the risks and rewards of such a provision. For certain foreign issuers, designating a specific federal district court, such as the Southern District of New York, as the venue for all Securities Act claims can be sensible. Large Securities Act liabilities often also arise in the context of registered debt offerings. Companies should therefore consider including FFPs in the indentures in debt offerings as well. Jury trial waivers are common in depositary agreements and indentures. To avoid enforceability challenges based on these waivers, particularly in California, these agreements and indentures should either include a severability provision, or the corporation should be prepared, if necessary, to stipulate not to enforce the jury waiver in federal court when moving to enforce an FFP in California or in other states hostile to such waivers.

Corporate responsibility for human rights violations has historically been approached as a domestic national issue in the United States. That is, despite international legislation governing human rights violations in an international context, courts have generally held that the activities of U.S. corporations outside the United States involving individuals who are not U.S. citizens does not fall within the jurisdiction of U.S. courts. This has been consistently affirmed at the Supreme Court level; and, indeed, the court has been zealous in seeking to avoid any reference at all to legislation like the European Human Rights Act in writing opinions.This view of culpability for human rights violations has recently changed, both informally, with the emergence of global guidelines regarding human rights applying to corporations such as the Global Reporting Initiative, Amnesty International Guidelines and O.E.C.D. guidelines for Transnational Corporations and with the application of an 18th century law, the Alien Tort Claims Act, that has been used to sue corporations for human rights violations outside the United States.A suit was brought against Unocal, a California based oil corporation, for complicity in crimes committed against Burmese citizens under this Act. The 9th District Circuit Court of Appeals held in this case that Unocal had a case to answer for complicity in the rape and murder of Burmese citizens perpetrated by the ruling military junta. Recently, Unocal settled out of court in what is reported to be a sizeable financial settlement. Additional lawsuits have been brought against Ford Motor Corporation for its complicity in the holocaust by providing military vehicles to the German Army through their German subsidiary and I.B.M. for providing counting machinery for concentration camps during the Second World War. Cases involving other countries include the conduct of business with the South African apartheid government by several U.S. based corporations. These cases raise a new concept of corporate responsibility in a global setting as they depend upon an assumption of moral responsibility by corporations for violations of human rights committed by regimes with which they do business. This paper examines the implications of this changed context for corporate responsibility in the context of the emergence of the multiple voluntary guidelines that seek to hold corporations accountable for conduct outside their own countries.

Prediabetes is a recognized entity but has been incompletely characterized in a contemporary context. We sought to characterize participants with prediabetes with extensive multi-dimensional clinical and laboratory data and to identify predictors of progression to diabetes. The Project Baseline Health Study (PBHS) is a multi-site prospective U.S. cohort study of 2502 adults with deep clinical phenotyping at enrollment. At enrollment and follow-up, participants were classified by diabetes status (diabetes [DM], prediabetes [preDM], or no diabetes [noDM]) based on glucose, A1c, medications, and self-reported medical history. Principal component analysis (PCA) was performed on 1clinical, survey, and lab variables to create orthogonal factors composed of correlated variables, which were compared between groups using linear models. Logistic regression was used to identify factors associated with progression from preDM to DM. At enrollment, 16participants had noDM; 544 had preDM; and 352 had DM. Over up to 4 years of follow-up, 52 participants with preDM developed DM. PCA identified 33 factors composed of clusters of clinical variables; 24 factors differed significantly by diabetes status: 6 factors significantly differed between noDM and both preDM and DM after adjustment for multiple comparisons, including factors with variables of glucose measures, anthropometry and physical function (q= 1.3 × 10−21) , red blood cell indices (q= 8.3 × 10−10) , lung function (q= 2.0 × 10−6) , cardiac function (q= 0.001) , and risk of chronic disease. Five factors were significantly associated with progression to DM, including factors of anthropometry and physical function [OR (95% CI) 0.6 (0.5,0.9) ], hematologic measures, and cardiac function. Conclusions: PBHS participants with preDM demonstrated pathophysiologic changes in cardiac, pulmonary, and hematology measures and declines in physical function that precede DM and could be markers of higher risk of progression to DM and complications. Disclosure R.Chatterjee montgomery: Research Support; Bristol-Myers Squibb Company, Epigenomics AG. L.C.Kwee: None. N.Pagidipati: Advisory Panel; AstraZeneca, Boehringer Ingelheim International GmbH, Eli Lilly and Company, ESPERION Therapeutics, Inc., Consultant; Boehringer Ingelheim International GmbH, Novo Nordisk, Research Support; Amgen Inc., AstraZeneca, Boehringer Ingelheim International GmbH, Eggland's Best, Eli Lilly and Company, Novartis AG, Novo Nordisk, Sanofi, Verily Life Sciences. A.F.Hernandez: Consultant; Merck & Co., Inc., Novo Nordisk, Research Support; AstraZeneca, Boehringer Ingelheim International GmbH. F.Rodriguez: Advisory Panel; Amgen Inc., Consultant; HealthPals, Novartis Pharmaceuticals Corporation, Novo Nordisk, Stock/Shareholder; Carta Healthcare, Inc. K.W.Mahaffey: Consultant; Novo Nordisk. L.Palaniappan: Consultant; Amgen Inc. S.H.Shah: Research Support; Verily Life Sciences. Funding The Baseline Health Study and this analysis were funded by Verily Life Sciences, San Francisco, California.

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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IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.

Photo by Sharon McCutcheon on Unsplash ABSTRACT COVID-19 highlighted a disproportionate impact upon marginalized communities that needs to be addressed. Specifically, a focus on equity rather than equality would better address and prevent the disparities seen in COVID-19. A distributive justice framework can provide this great benefit but will succeed only if the medical community engages in outreach, anti-racism measures, and listens to communities in need. INTRODUCTION COVID-19 disproportionately impacted communities of color and lower socioeconomic status, sparking political discussion about existing inequities in the US.[1] Some states amended their guidelines for allocating resources, including vaccines, to provide care for marginalized communities experiencing these inequities, but there has been no clear consensus on which guidelines states should amend or how they should be ethically grounded. In part, this is because traditional justice theories do not acknowledge the deep-seated institutional and interpersonal discrimination embedded in our medical system. Therefore, a revamped distributive justice approach that accounts for these shortcomings is needed to guide healthcare decision-making now and into the post-COVID era. BACKGROUND Three terms – health disparity, health inequities, and health equity – help frame the issue. A health disparity is defined as any difference between populations in terms of disease incidence or adverse health events, such as morbidity or mortality. In contrast, health inequities are health disparities due to avoidable systematic structures rooted in racial, social, and economic injustice.[2] For example, current data demonstrate that Black, Latino, Indigenous Americans, and those living in poverty suffer higher morbidity and mortality rates from COVID-19.[3] Finally, health equity is the opportunity for anyone to attain his or her full health potential without interference from systematic structures and factors that generate health inequities, including race, socioeconomic status, gender, ethnicity, religion, sexual orientation, or geography.[4] ANALYSIS Health inequities for people of color with COVID-19 have led to critiques of states that do not account for race in their resource allocation guidelines.[5] For example, the Massachusetts Department of Public Health revised its COVID-19 guidelines regarding resource allocation to patients with the best chance of short-term survival.[6] Critics have argued that this change addresses neither preexisting structural inequities nor provider bias that may have led to comorbidities and increased vulnerability to COVID-19. By failing to address race specifically, they argue the policy will perpetuate poorer outcomes in already marginalized groups. As the inequities in COVID-19 outcomes continue to be uncovered and the data continue to prove that marginalized communities suffered disproportionately, we, as healthcare providers, must reconsider our role in addressing the injustices. Our actions must be ethically grounded in the concept of justice. l. Primary Theories of Justice The principle of justice in medical ethics relates to how we ought to treat people and allocate resources. Multiple theories have emerged to explain how justice should be implemented, with three of the most prominent being egalitarianism, utilitarianism, and distributive. This paper argues that distributive justice is the best framework for remedying past actions and enacting systemic changes that may persistently prevent injustices. An egalitarian approach to justice states all individuals are equal and, therefore, should have identical access to resources. In the allocation of resources, an egalitarian approach would support a strict distribution of equal value regardless of one’s attributes or characteristics. Putting this theory into practice would place a premium on guidelines based upon first-come, first-served basis or random selection.[7] However, the egalitarian approach taken in the UK continues to worsen health inequities due to institutional and structural discrimination.[8] A utilitarian approach to justice emphasizes maximizing overall benefits and achieving the greatest good for the greatest number of people. When resources are limited, the utilitarian principle historically guides decision-making. In contrast to the egalitarian focus on equal distribution, utilitarianism focuses on managing distributions to maximize numerical outcomes. During the COVID-19 pandemic, guidelines for allocating resources had utilitarian goals like saving the most lives, which may prioritize the youthful and those deemed productive in society, followed by the elderly and the very ill. It is important to reconsider using utilitarian approaches as the default in the post-COVID healthcare community. These approaches fail to address past inequity, sacrificing the marginalized in their emphasis on the greatest amount of good rather than the type of good. Finally, a distributive approach to justice mandates resources should be allocated in a manner that does not infringe individual liberties to those with the greatest need. Proposed by John Rawls in a Theory of Justice, this approach requires accounting for societal inequality, a factor absent from egalitarianism and utilitarianism.[9] Naomi Zack elaborates how distributive justice can be applied to healthcare, outlining why racism is a social determinant of health that must be acknowledged and addressed.[10] Until there are parallel health opportunities and better alignment of outcomes among different social and racial groups, the underlying systemic social and economic variables that are driving the disparities must be fixed. As a society and as healthcare providers, we should be striving to address the factors that perpetuate health inequities. While genetics and other variables influence health, the data show proportionately more exposure, more cases, and more deaths in the Black American and Hispanic populations. Preexisting conditions and general health disparities are signs of health inequity that increased vulnerability. Distributive justice as a theoretical and applied framework can be applied to preventable conditions that increase vulnerability and can justify systemic changes to prevent further bias in the medical community. During a pandemic, egalitarian and utilitarian approaches to justice are prioritized by policymakers and health systems. Yet, as COVID-19 has demonstrated, they further perpetuate the death and morbidity of populations that face discrimination. These outcomes are due to policies and guidelines that overall benefit white communities over communities of color. Historically, US policy that looks to distribute resources equally (focusing on equal access instead of outcomes), in a color-blind manner, has further perpetuated poor outcomes for marginalized communities.[11] ll. Historical and Ongoing Disparities Across socio-demographic groups, the medical system exacerbates historical and current inequities. Members of marginalized races,[12] women,[13] LGBTQ people,[14] and poor people[15] experience trauma caused by discrimination, marginalization, and failure to access high-quality public and private goods. Through the unequal treatment of marginalized communities, these historic traumas continue. In the US, people of color do not receive equal and fair medical treatment. A meta-analysis found that Hispanics and Black Americans were significantly undertreated for pain compared to their white counterparts over the last 20 years.[16] This is partly due to provider bias. Through interviewing medical trainees, a study by the National Academy of Science found that half of medical students and residents harbored racist beliefs such as “Black people’s nerve endings are less sensitive than white people’s” or “Black people’s skin is thicker than white people’s skin.”[17] More than 3,000 Indigenous American women were coerced, threatened, and deliberately misinformed to ensure cooperation in forced sterilization.[18] Hispanic people have less support in seeking medical care, in receiving culturally appropriate care, and they suffer from the medical community’s lack of resources to address language barriers.[19] In the US, patients of different sexes do not receive the same quality of healthcare. Despite having greater health needs, middle-aged and older women are more likely to have fewer hospital stays and fewer physician visits compared to men of similar demographics and health risk profiles.[20] In the field of critical care, women are less likely to be admitted to the ICU, less likely to receive interventions such as mechanical ventilation, and more likely to die compared to their male ICU counterparts.[21] In the US, patients of different socioeconomic statuses do not receive the same quality of healthcare. Low-income patients are more likely to have higher rates of infant mortality, chronic disease, and a shorter life span.[22] This is partly due to the insurance-based discrimination in the medical community.[23] One in three deaths of those experiencing homelessness could have been prevented by timely and effective medical care. An individual experiencing homelessness has a life expectancy that is decades shorter than that of the average American.[24] lll. Action Needed: Policy Reform While steps need to be taken to provide equitable care in the current pandemic, including the allocation of vaccines, they may not address the historical failures of health policy, hospital policy, and clinical care to eliminate bias and ensure equal treatment of patients. According to an applied distributive justice framework, inequities must be corrected. Rather than focusing primarily on fair resource allocation, medicine must be actively anti-racist, anti-sexist, anti-transphobic, and anti-discriminatory. Evidence has shown that the health inequities caused by COVID-19 are smaller in regions that have addressed racial wealth gaps through forms of reparations.[25] Distributive justice calls for making up for the past using tools of allocation as well as tools to remedy persistent problems. For example, Brigham and Women’s Hospital in Boston, MA, began “Healing ARC,” a pilot initiative that involves acknowledgement, redress, and closure on an institutional level.[26] Acknowledgement entails informing patients about disparities at the hospital, claiming responsibility, and incorporating community ideas for redress. Redress involves a preferential admission option for Black and Hispanic patients to specialty services, especially cardiovascular services, rather than general medicine. Closure requires that community and patient stakeholders work together to ensure that a new system is in place that will continue to prioritize equity. Of note, redress could take the form of cash transfers, discounted or free care, taxes on nonprofit hospitals that exclude patients of color,[27] or race-explicit protocol changes (such as those being instituted by Brigham and Women’s Hospital that admit patients historically denied access to certain forms of medical care). In New York, for instance, the New York State Bar Association drafted the COVID-19 resolutions to ensure that emergency regulations and guidelines do not discriminate against communities of color, and even mandate that diverse patient populations be included in clinical trials.[28] Also, physicians must listen to individuals from marginalized communities to identify needs and ensure that community members take part in decision-making. The solution is not to simply build new health centers in communities of color, as this may lead to tiers of care. Rather, local communities should have a chance to impact existing hospital policy and should also use their political participation to further their healthcare interests. Distributive justice does not seek to disenfranchise groups that hold power in the system. It aims to transform the system so that those in power do not continue to obtain unfair benefits at the expense of others. The framework accounts for unjust historical oppression and current injustices in our system to provide equitable outcomes to all who access the system. In this vein, we can begin to address the flagrant disparities between communities that have always – and continue to – exist in healthcare today.[29] CONCLUSION As equality focuses on access, it currently fails to do justice. Instead of outcomes, it is time to focus on equity. A focus on equity rather than equality would better address and prevent the disparities seen in COVID-19. A distributive justice framework can gain traction in clinical decision-making guidelines and system-level reallocation of resources but will succeed only if the medical community engages in outreach, anti-racism measures, and listens to communities in need. There should be an emphasis on implementing a distributive justice framework that treats all patients equitably, accounts for historical harm, and focuses on transparency in allocation and public health decision-making. [1] APM Research Lab Staff. 2020. “The Color of Coronavirus: COVID-19 Deaths by Race and Ethnicity in the U.S.” APM Research Lab. https://www.apmresearchlab.org/covid/deaths-by-race. [2] Bharmal, N., K. P. Derose, M. Felician, and M. M. Weden. 2015. “Understanding the Upstream Social Determinants of Health.” California: RAND Corporation 1-18. https://www.rand.org/pubs/working_papers/WR1096.html. [3] Yancy, C. W. 2020. “COVID-19 and African Americans.” JAMA. 323 (19): 1891-2. https://doi.org/10.1001/jama.2020.6548; Centers for Disease Control and Prevention. 2020. “COVID-19 in Racial and Ethnic Health Disparities.” Centers for Disease Control and Prevention. https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-disparities/index.html. [4] Braveman, P., E. Arkin, T. Orleans, D. Proctor, and A. Plough. 2017. “What is Health Equity?” Robert Wood Johnson Foundation. https://www.rwjf.org/en/library/research/2017/05/what-is-health-equity-.html. [5] Bedinger, M. 2020 Apr 22. “After Uproar, Mass. Revises Guidelines on Who Gets an ICU Bed or Ventilator Amid COVID-19 Surge.” Wbur. https://www.wbur.org/commonhealth/2020/04/20/mass-guidelines-ventilator-covid-coronavirus; Wigglesworth, A. 2020 May 11. “Institutional Racism, Inequity Fuel High Minority Death Toll from Coronavirus, L.A. Officials Say.” Los Angeles Times. https://www.latimes.com/california/story/2020-05-11/institutional-racism-inequity-high-minority-death-toll-coronavirus. [6] Executive Office of Health and Human Services Department of Public Health. 2020 Oct 20. “Crises Standards of Care Planning and Guidance for the COVID-19 Pandemic.” Commonwealth of Massachusetts. https://www.mass.gov/doc/crisis-standards-of-care-planning-guidance-for-the-covid-19-pandemic. [7] Emanuel, E. J., G. Persad, R. Upshur, et al. 2020. “Fair Allocation of Scarce Medical Resources in the Time of Covid-19. New England Journal of Medicine 382: 2049-55. https://doi.org/10.1056/NEJMsb2005114. [8] Salway, S., G. Mir, D. Turner, G. T. Ellison, L. Carter, and K. Gerrish. 2016. “Obstacles to "Race Equality" in the English National Health Service: Insights from the Healthcare Commissioning Arena.” Social Science and Medicine 152: 102-110. https://doi.org/10.1016/j.socscimed.2016.01.031. [9] Rawls, J. A Theory of Justice (Revised Edition) (Cambridge, MA: Belknap Press of Harvard University Press, 1999). [10] Zack, N. Applicative Justice: A Pragmatic Empirical Approach to Racial Injustice (New York: The Rowman & Littlefield Publishing Group, 2016). [11] Charatz-Litt, C. 1992. “A Chronicle of Racism: The Effects of the White Medical Community on Black Health.” Journal of the National Medical Association 84 (8): 717-25. http://hdl.handle.net/10822/857182. [12] Washington, H. 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Introduction Burning Man (BM) is a festival of art and music that materialises for one week each year in the Nevada desert. It is considered by many to be the world’s largest countercultural event. But what is BM, really? With record attendance of 69,613 in 2013 (Griffith) (the original event in 1986 had twenty), and recent event themes that have engaged with mainstream political themes such as “Green Man” (2007) and “American Dream” (2008), can BM still be considered countercultural? Was it ever? In the first part of this article, we define counterculture as a subculture that originates in the hippie movement of 1960s America and the rejection of “mainstream” values associated with post-WWII industrial culture, that aligns itself with environmentalism and ecological consciousness, and that is distinctly anti-consumer (Roszak, Making). Second, we identify BM as an art and music festival that transcends the event to travel with its desert denizens out into the “real world.” In this way, it is also a festival that has countercultural connections. Third, though BM bears some resemblance to counterculture, given that it is founded upon “Radical Self-Reliance”, BM is actually anything but countercultural because it interlocks with the current socioeconomic zeitgeist of neoliberalism, and that reflects a “new individualism” (Elliot & Lemert). BM’s ambition to be a commercial-free zone runs aground against its entanglement with market relations, and BM is also arguably a consumer space. Finally, neoliberal ideology and “new individualism” are encoded in the space of BM at the level of the spectacle (Debord). The Uchronian’s structure from BM 2006 (a cavernous wooden construction nicknamed the “Belgian Waffle”) could be read as one example. However, opportunities for personal transformation and transcendent experience may persist as counterculture moves into a global age. Defining Counterculture To talk about BM as a counterculture, we must first define counterculture. Hebdige provided a useful distinction between subculture and counterculture in an endnote to a discussion of Teds versus Rockers (148). According to Hebdige, what distinguishes counterculture from mere subculture and related styles is its association with a specific era (1967–70), that its adherents tended to hail from educated, middle-class families, and that it is “explicitly political and ideological” and thus more easily “read” by the dominant powers. Finally, it opposes the dominant culture. Counterculture has its roots in “the hippies, the flower children, the yippies” of the 60s. However, perhaps Hebdige’s definition is too narrow; it is more of an instance of counterculture than a definition. A more general definition of counterculture might be a subculture that rejects “mainstream” values, and examples of this have existed throughout time. For example, we might include the 19th century Romantics with their rejection of the Enlightenment and distrust of capitalism (Roszak 1972), or the Beat generation and post-War America (Miller). Perhaps counterculture even requires one to be a criminal: the prominent Beat writer William S. Burroughs shot guns and heroin, was a homosexual, and accidentally shot and killed his wife in a drug haze (Severo). All of these are examples of subcultures that rejected or opposed the mainstream values of the time. But it was Roszak (Making) who originally defined counterculture as the hippie movement of 1960s era college-aged middle-class American youth who revolted against the values and society inherited not only from their parents, but from the “military-industrial complex” itself, which “quite simply was the American political system” (3). Indeed, the 1960s counterculture—what the term “counterculture” has more generally come to mean—was perhaps the most radical expression of humanity ever in its ontological overthrow of industrial culture and all that it implied (and also, Roszak speculates, in so much that it may have been an experiment gone wrong on the part of the American establishment): The Communist and Socialist Left had always been as committed to industrialism as their capitalist foes, never questioning it as an inevitable historical stage. From this viewpoint, all that needed to be debated was the ownership and control of the system. But here was a dissenting movement that yearned for an entirely different quality of life. It was not simply calling the political superstructure into question; with precocious ecological insight, it was challenging the culture of industrial cities on which that superstructure stood. And more troubling still, there were those among the dissenters who questioned the very sanity of that culture. These psychic disaffiliates took off in search of altered states of consciousness that might generate altered states of society. (8) For the purposes of this paper, then, counterculture refers specifically to those cultures that find their roots in the hippie movement of the late 1960s. I embrace both Roszak’s and Hebdige’s definitions of counterculture because they define it as a unique reaction of post-WWII American youth against industrial culture and a rejection of the accompanying values of home, marriage and career. Instead, counterculture embraced ecological awareness, rejected consumption, and even directed itself toward mystical altered states. In the case of the espoused ecological consciousness, that blossomed into the contemporary (increasingly mainstream) environmental movement toward “green” energy. In the case of counterculture, the specific instance really is the definition in this case because the response of postwar youth was so strong and idiosyncratic, and there is overlap between counterculture and the BM community. So what is Burning Man? Defining Burning Man According to the event’s website: Burning Man is an annual event and a thriving year-round culture. The event takes place the week leading up to and including Labor Day, in Nevada’s Black Rock Desert. The Burning Man organization […] creates the infrastructure of Black Rock City, wherein attendees (or “participants”) dedicate themselves to the spirit of community, art, self-expression, and self-reliance. They depart one week later, leaving no trace […] Outside the event, Burning Man’s vibrant year-round culture is growing through the non-profit Burning Man Project, including worldwide Regional Groups and associated non-profits who embody Burning Man’s ethos out in the world. (“What is Burning Man?”) I interpret BM as a massive art festival and party that materialises in the desert once a year to produce one of the largest cities in Nevada, but one with increasingly global reach in which the participants feel compelled to carry the ethos forward into their everyday lives. It is also an event with an increasing number of “regional burns” (Taylor) that have emerged as offshoots of the original. Creator Larry Harvey originally conceived of burning the effigy of a man on San Francisco’s Baker Beach in 1986 in honor of the solstice (“Burning Man Timeline”). Twenty people attended the first BM. That figure rapidly rose to 800 by 1990 when for legal reasons it became necessary to relocate to the remote Black Rock desert in Nevada, the largest expanse of flat land in the United States. In the early 90s, when BM had newly relocated and attendees numbered in the low thousands, it was not uncommon for participants to mix drugs, booze, speeding cars and firearms (Bonin) (reminiscent of the outlaw associations of counterculture). As the Internet became popular in the mid-1990s word spread quickly, leading to a surge in the population. By the early 2000s attendance regularly numbered in the tens of thousands and BM had become a global phenomenon. In 2014 the festival turned 28, but it had already been a corporation for nearly two decades before transitioning to a non-profit (“Burning Man Transitions”). Burning Man as Countercultural Event BM has connections to the counterculture, though the organisation is quick to dispel these connections as myths (“Media Myths”). For example, in response to the notion that BM is a “90s Woodstock”, the organisers point out that BM is for all ages and not a concert. Rather, it is a “noncommercial environment” where the participants come to entertain each other, and thus it is “not limited by the conventions of any subculture.” The idea that BM is a “hippie” festival is also a myth, but one with some truth to it: Hippies helped create environmental ethics, founded communes, wore colorful clothing, courted mysticism, and distrusted the modern industrial economy. In some ways, this counterculture bears a resemblance to aspects of Burning Man. Hippie society was also a youth movement that often revolved around drugs, music, and checks from home. Burning Man is about “radical self-reliance”–it is not a youth movement, and it is definitely not a subculture (“Media Myths”). There are some familiar aspects of counterculture here, particularly environmental consciousness, anti-consumer tendencies and mysticism. Yet, looking at the high attendance numbers and the progression of themes in recent years one might speculate that BM is no longer as countercultural as it once was. For instance, psychedelic themes such as “Vault of Heaven” (2004) and “Psyche” (2005) gave way to “The Green Man” (2007) and “American Dream” (2008). Although “Green Man” was an environmental theme it debuted the year after Vice President Al Gore’s “An Inconvenient Truth” (2006) brought the issue of climate change to a mainstream audience. Indeed, as a global, leaderless event with a strong participatory ethos in many respects BM followed suit with the business world, particularly given it was a Limited Liability Corporation (LLC) for many years (though it was ahead of the curve): “Capitalism has learned from the counter culture. But this is not news” (Rojek 355). Similarly, just in time for the 2008 U.S. Presidential election the organisational committee decided to juxtapose “the Man” with the American flag. Therefore, there has been an arguable shift toward engagement with mainstream issues and politics in recent years (and away from mysticism). Recent themes are really re-appropriations of mainstream discourses; hence they are “agonistic” readings (Mouffe). Take for example the VoterDrive Bus, an early example of political talk at BM that engaged with mainstream politics. The driver was seven-time BM veteran Corey Mervis (also known as “Misty Mocracy”) (“Jack Rabbit Speaks”). Beginning on 22 July 2004, the VoterDrive Bus wrote the word VOTE in script across the continental United States in the months before the election, stopping in the Black Rock City (BRC) for one week during the BM festival. Four years later the theme “American Dream” would reflect this countercultural re-appropriation of mainstream political themes in the final months leading up to the 2008 Presidential election. In that year, “the Man,” a massive wooden effigy that burns on the last night of the event, stood atop a platform of windows, each inscribed with the flag of a different country. “American Dream” was as politically as it was poetically inspired. Note the agonistic appeal: “This year's art theme is about patriotism—not that kind which freights the nation state with the collective weight of ego, but a patriotism that is based upon a love of country and culture. Leave ideology at home…Ask yourself, instead…What can postmodern America, this stumbling, roused, half-conscious giant, yet give to the world?” (“2008 Art Theme: American Dream”). BM has arguably retained its countercultural authenticity despite engagement with mainstream political themes by virtue of such agonistic appeals to “American Dream”, and to “Green Man” which promoted environmental awareness, and which after all started out in the counterculture. I attended BM twice in 2006 and 2007 with “The Zombie Hotel”, one among a thousand camps in the BRC, Nevada (oddly, there were numerous zombie-themed camps). The last year I attended, the festival seemed to have come of age, and 2007 was the first in its history that BM invited corporate presence in the form of green energy companies (and informational kiosks, courtesy of Google) (Taylor). Midway through the week, as I stumbled through the haphazard common area that was The Zombie Hotel hiding from the infernal heat of the desert sun, two twin fighter jets, their paths intertwining, disturbed the sanctity of the clear, blue afternoon sky followed by a collective roar from the city. One can imagine my dismay at rumours that the fighter jets—which I had initially assumed to be some sort of military reconnaissance—were in fact hired by the BM Organizational Committee to trace the event’s symbol in the sky. Speculation would later abound on Tribe.net (“What was up with the fighter jets?”). What had BM become after all? Figure 1: Misty Mocracy & the VoterDrive Bus. Photo: Erick Leskinen (2004). Reproduced with permission. “Radical Self-Reliance”, Neoliberalism and the “New Individualism” Despite overlap with elements of counterculture, there is something quite normative about BM from the standpoint of ideology, and thus “mainstream” in the sense of favouring values associated with what Roszak calls “industrial society”, namely consumption and capitalist labor relations. To understand this, let us examine “The Ten Principles of BM”. These include: Radical Inclusion, Gifting, Decommodification, Radical Self-Reliance, Radical Self-Expression, Communal Effort, Civic Responsibility, Leaving No Trace, Participation and Immediacy (“Ten Principles of Burning Man”). These categories speak to BM’s strong connection to the counterculture. For example, “Decommodification” is a rejection of consumerism in favour of a culture of giving; “Immediacy” rejects mediation, and “Participation” stresses transformative change. Many of these categories also evoke political agonism, for example “Radical Inclusion” requires that “anyone may be a part of Burning Man”, and “Radical Self-Expression”, which suggests that no one other than the gift-giver can determine the content of the message. Finally, there are categories that also engage with concepts associated with traditional civil society and democracy, such as “Civic Responsibility”, which refers to the “public welfare”, “Participation”, and “Communal Effort.” Though at first it may seem to connect with countercultural values, upon closer inspection “Radical Self-Reliance” aligns BM with the larger socioeconomic zeitgeist under late-capitalism, subverting its message of “Decommodification.” Here is what it says: “Burning Man encourages the individual to discover, exercise and rely on his or her inner resources.” That message is transformative, even mystical, but it aligns well with a neoliberal ideology and uncertain labor relations under late capitalism. Indeed, Elliot and Lemert explore the psychological impact of a “new individualism”, setting the self in opposition to the incoming forces of globalisation. They address the question of how individuals respond to globalisation, perhaps pathologically. Elliot and Lemert clarify the socio-psychological ramifications of economic fragmentation. They envision this as inextricably caught up with the erosion of personal identity and the necessity to please “self-absorbed others” in a multiplicity of incommensurate realities (20, 21). Individuals are not merely atomised socially but fragmented psychologically, while at the macroscopic level privatisation of the economy spawns this colonisation of the personal Lifeworld, as social things move into the realm of individualised dilemmas (42). It is interesting to note how BM’s principles (in particular “Radical Self-Reliance”) evoke this fracturing of identity as identities and realities multiply in the BRC. Furthermore, the spectre of neoliberal labour conditions on “the Playa” kicks down the door for consumer culture’s entrée. Consumer society “technicises” the project of the self as a series of problems having consumer solutions with reference to expert advice (Slater 86), BM provides that solution in the form of a transformative experience through “Participation”, and acolytes of the BM festival can be said to be deeply invested in the “experience economy” (Pine & Gilmore): “We believe that transformative change, whether in the individual or in society, can occur only through the medium of deeply personal participation” (“Ten Principles”). Yet, while BM rejects consumption as part of “Decommodification”, the event has become something of a playground for new technological elites (with a taste for pink fur and glow tape rather than wine and cheese) with some camps charging as much as US $25,000 in fees per person for the week (most charge $300) (Bilton). BM is gentrifying, or as veteran attendee Tyler Hanson put it, “Burning Man is no longer a counterculture revolution. It’s now become a mirror of society” (quoted in Bilton). Neoliberalism and “new individualism” are all around at BM, and a reading of space and spectacle in the Uchronian structure reveals this encoding. Figure 2: “Message Out of the Future by Night” (also known as “the Belgian Waffle). Photo: Laurent Chavanne (2006). Reproduced with permission. “Long Gone Hippies” Republican tax reformist Grover Norquist made his way to BM for the first time this year, joining the tech elites. He subsequently proclaimed that America had a lot to learn from BM: “The story of Burning Man is one of radical self-reliance” (Norquist). As the population of the BRC surges toward seventy thousand, it may be difficult to call BM a countercultural event any longer. Given parallels between the BM ethos and neoliberal market relations and a “new individualism”, it is hard to deny that BM is deeply intertwined with counterposing forces of globalisation. However, if you ask the participants (and Norquist) they will have a different story: After you buy your ticket to Burning Man to help pay for the infrastructure, and after you pay for your own transportation, food and water, and if you optionally decide to pay to join a camp that provides some services THEN you never have to take your wallet out while at Burning Man. Folks share food, massages, alcohol, swimming pools, trampolines, many experiences. The expenses that occur prior to the festival are very reasonable and it is wonderful to walk around free from shopping or purchasing. Pockets are unnecessary. So are clothes. (Alex & Allyson Grey) Consumerism is a means to an end in an environment where the meanings of civic participation and “giving back” to the counterculture take many forms. Moreover, Thornton argued that the varied definitions of what is “mainstream” among subcultures point more to a complex and multifaceted landscape of subculture than to any coherent agreement as to what “mainstream” actually means (101), and so perhaps our entire discussion of the counterculture/mainstream binary is moot. Perhaps there is something yet to be salvaged in the spaces of participation at BM, some agonistic activity to be harnessed. The fluid spaces of the desert are the loci of community action. Jan Kriekels, founder of the Uchronia Community, holds out some hope. The Belgian based art collective hauled 150 kilometres of lumber to the BRC in the summer of 2006 to construct a freestanding, cavernous structure with a floor space of 60 by 30 metres at its center and a height of 15 metres (they promised a reforestation of the equivalent amount of trees) (Figure 1). “Don’t mistake us for long gone hippies in the desert”, wrote Kriekels in Message Out of the Future: Uchronia Community, “we are trying to build a bridge between materialism and spiritualism” (102). The Uchronians announced themselves as not only desert nomads but nomads in time (“U” signifying “nothing” and “chronos” or “time”), their time-traveller personas designed to subvert commodification, their mysterious structure (nicknamed the “Belgian Waffle” by the burners, a painful misnomer in the eyes of the Uchronians) evoking a sense of timelessness. I remember standing within that “cathedral-like” (60) structure and feeling exhilarated and lonely and cold all at once for the chill of the desert at night, and later, much later, away from the Playa in conversations with a friend we recalled Guy Debord’s “Thesis 30”: “The spectator feels at home nowhere, for the spectacle is everywhere.” The message of the Uchronians provokes a comparison with Virilio’s conceptualisations of “world time” and “simultaneity” that emerge from globalisation and digital technologies (13), part of the rise of a “globalitarianism” (15)—“world time (‘live’) takes over from the ancient, immemorial supremacy of the local time of regions” (113). A fragmented sense of time, after all, accompanies unstable labour conditions in the 21st century. Still, I hold out hope for the “resistance” inherent in counterculture as it fosters humanity’s “bothersomely unfulfilled potentialities” (Roszak, Making 16). I wonder in closing if I have damaged the trust of burners in attempting to write about what is a transcendent experience for many. It may be argued that the space of the BRC is not merely a spectacle—rather, it contains the urban “forests of gestures” (de Certeau 102). These are the secret perambulations—physical and mental—at risk of betrayal. References An Inconvenient Truth. Dir. Davis Guggenheim. Perf. Al Gore. Paramount Pictures, 2006. Bilton, Nick. “At Burning Man, the Tech Elite One-Up One Another.” The New York Times: Fashion & Style, 20 Aug. 2014. 10 Oct. 2014 ‹http://www.nytimes.com/2014/08/21/fashion/at-burning-man-the-tech-elite-one-up-one-another.html› “Burning Man Timeline.” Burningman. 10 Oct. 2014 ‹http://burningman.org/timeline/›. “Burning Man Transitions to Non-Profit Organization.” Burningman 3 Mar. 2014. 10 Oct. 2014 ‹http://blog.burningman.com/2014/03/news/burning-man-transitions-to-non-profit-organization/›. De Bord, Guy. The Society of the Spectacle. New York: Zone, 1994. De Certeau, Michel. The Practice of Everyday Life. Berkeley, Calif.: U of California P, 1984. Dust & Illusions: 30 Years of History of Burning Man. Dir. Oliver Bonin. Perf. Jerry James, Larry Harvey, John Law. Imagine, 2009. Elliot, Anthony, and Charles Lemert. The New Individualism. New York: Routledge, 2006. Grey, Alex, and Alyson Grey. “Ticket 4066, Burning Man Study.” Message to the author. 30 Nov. 2007. E-mail. Griffith, Martin. “Burning Man Draws 66,000 People to the Nevada Desert.” The Huffington Post 2 Sep. 2014. 10 Oct. 2014 ‹http://www.huffingtonpost.com/2014/09/02/burning-man-2014_n_5751648.html›. Hebdige, Dick. Subculture: The Meaning of Style. New York: Methuen, 1979. “Jack Rabbit Speaks.” JRS 8.32 (2004). 10 Oct. 2014 ‹http://www.burningman.com/blackrockcity_yearround/jrs/vol08/jrs_v08_i32.html›. Kriekels, Jan. 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Introduction This paper offers a survey of familiar popular music performers and songwriters who reference coffee in their work. It examines three areas of discourse: the psychoactive effects of caffeine, coffee and courtship rituals, and the politics of coffee consumption. I claim that coffee carries a cultural and musicological significance comparable to that of the chemical stimulants and consumer goods more readily associated with popular music. Songs about coffee may not be as potent as those featuring drugs and alcohol (Primack; Schapiro), or as common as those referencing commodities like clothes and cars (Englis; McCracken), but they do feature across a wide range of genres, some of which enjoy archetypal associations with this beverage. m.o.m.m.y. Needs c.o.f.f.e.e.: The Psychoactive Effect of Coffee The act of performing and listening to popular music involves psychological elements comparable to the overwhelming sensory experience of drug taking: altered perceptions, repetitive grooves, improvisation, self-expression, and psychological empathy—such as that between musician and audience (Curry). Most popular music genres are, as a result, culturally and sociologically identified with the consumption of at least one mind-altering substance (Lyttle; Primack; Schapiro). While the analysis of lyrics referring to this theme has hitherto focused on illegal drugs and alcoholic beverages (Cooper), coffee and its psychoactive ingredient caffeine have been almost entirely overlooked (Summer). The most recent study of drugs in popular music, for example, defined substance use as “tobacco, alcohol, marijuana, cocaine and other stimulants, heroin and other opiates, hallucinogens, inhalants, prescription drugs, over-the-counter drugs, and nonspecific substances” (Primack 172), thereby ignoring a chemical stimulant consumed by 90 per cent of adult Americans every day (Lovett). The wide availability of coffee and the comparatively mild effect of caffeine means that its consumption rarely causes harm. One researcher has described it as a ubiquitous and unobtrusive “generalised public activity […] ‘invisible’ to analysts seeking distinctive social events” (Cooper 92). Coffee may provide only a relatively mild “buzz”—but it is now accepted that caffeine is an addictive substance (Juliano) and, due to its universal legality, coffee is also the world’s most extensively traded and enthusiastically consumed psychoactive consumer product (Juliano 1). The musical genre of jazz has a longstanding relationship with marijuana and narcotics (Curry; Singer; Tolson; Winick). Unsurprisingly, given its Round Midnight connotations, jazz standards also celebrate the restorative impact of coffee. Exemplary compositions include Burke/Webster’s insomniac torch song Black Coffee, which provided hits for Sarah Vaughan (1949), Ella Fitzgerald (1953), and Peggy Lee (1960); and Frank Sinatra’s recordings of Hilliard/Dick’s The Coffee Song (1946, 1960), which satirised the coffee surplus in Brazil at a time when this nation enjoyed a near monopoly on production. Sinatra joked that this ubiquitous drink was that country’s only means of liquid refreshment, in a refrain that has since become a headline writer’s phrasal template: “There’s an Awful Lot of Coffee in Vietnam,” “An Awful Lot of Coffee in the Bin,” and “There’s an Awful Lot of Taxes in Brazil.” Ethnographer Aaron Fox has shown how country music gives expression to the lived social experience of blue-collar and agrarian workers (Real 29). Coffee’s role in energising working class America (Cooper) is featured in such recordings as Dolly Parton’s Nine To Five (1980), which describes her morning routine using a memorable “kitchen/cup of ambition” rhyme, and Don't Forget the Coffee Billy Joe (1973) by Tom T. Hall which laments the hardship of unemployment, hunger, cold, and lack of healthcare. Country music’s “tired truck driver” is the most enduring blue-collar trope celebrating coffee’s analeptic powers. Versions include Truck Drivin' Man by Buck Owens (1964), host of the country TV show Hee Haw and pioneer of the Bakersfield sound, and Driving My Life Away from pop-country crossover star Eddie Rabbitt (1980). Both feature characteristically gendered stereotypes of male truck drivers pushing on through the night with the help of a truck stop waitress who has fuelled them with caffeine. Johnny Cash’s A Cup of Coffee (1966), recorded at the nadir of his addiction to pills and alcohol, has an incoherent improvised lyric on this subject; while Jerry Reed even prescribed amphetamines to keep drivers awake in Caffein [sic], Nicotine, Benzedrine (And Wish Me Luck) (1980). Doye O’Dell’s Diesel Smoke, Dangerous Curves (1952) is the archetypal “truck drivin’ country” song and the most exciting track of its type. It subsequently became a hit for the doyen of the subgenre, Red Simpson (1966). An exhausted driver, having spent the night with a woman whose name he cannot now recall, is fighting fatigue and wrestling his hot-rod low-loader around hairpin mountain curves in an attempt to rendezvous with a pretty truck stop waitress. The song’s palpable energy comes from its frenetic guitar picking and the danger implicit in trailing a heavy load downhill while falling asleep at the wheel. Tommy Faile’s Phantom 309, a hit for Red Sovine (1967) that was later covered by Tom Waits (Big Joe and the Phantom 309, 1975), elevates the “tired truck driver” narrative to gothic literary form. Reflecting country music’s moral code of citizenship and its culture of performative storytelling (Fox, Real 23), it tells of a drenched and exhausted young hitchhiker picked up by Big Joe—the driver of a handsome eighteen-wheeler. On arriving at a truck stop, Joe drops the traveller off, giving him money for a restorative coffee. The diner falls silent as the hitchhiker orders up his “cup of mud”. Big Joe, it transpires, is a phantom trucker. After running off the road to avoid a school bus, his distinctive ghost rig now only reappears to rescue stranded travellers. Punk rock, a genre closely associated with recreational amphetamines (McNeil 76, 87), also features a number of caffeine-as-stimulant songs. Californian punk band, Descendents, identified caffeine as their drug of choice in two 1996 releases, Coffee Mug and Kids on Coffee. These songs describe chugging the drink with much the same relish and energy that others might pull at the neck of a beer bottle, and vividly compare the effects of the drug to the intense rush of speed. The host of “New Music News” (a segment of MTV’s 120 Minutes) references this correlation in 1986 while introducing the band’s video—in which they literally bounce off the walls: “You know, while everybody is cracking down on crack, what about that most respectable of toxic substances or stimulants, the good old cup of coffee? That is the preferred high, actually, of California’s own Descendents—it is also the subject of their brand new video” (“New Music News”). Descendents’s Sessions EP (1997) featured an overflowing cup of coffee on the sleeve, while punk’s caffeine-as-amphetamine trope is also promulgated by Hellbender (Caffeinated 1996), Lagwagon (Mr. Coffee 1997), and Regatta 69 (Addicted to Coffee 2005). Coffee in the Morning and Kisses in the Night: Coffee and Courtship Coffee as romantic metaphor in song corroborates the findings of early researchers who examined courtship rituals in popular music. Donald Horton’s 1957 study found that hit songs codified the socially constructed self-image and limited life expectations of young people during the 1950s by depicting conservative, idealised, and traditional relationship scenarios. He summarised these as initial courtship, honeymoon period, uncertainty, and parting (570-4). Eleven years after this landmark analysis, James Carey replicated Horton’s method. His results revealed that pop lyrics had become more realistic and less bound by convention during the 1960s. They incorporated a wider variety of discourse including the temporariness of romantic commitment, the importance of individual autonomy in relationships, more liberal attitudes, and increasingly unconventional courtship behaviours (725). Socially conservative coffee songs include Coffee in the Morning and Kisses in the Night by The Boswell Sisters (1933) in which the protagonist swears fidelity to her partner on condition that this desire is expressed strictly in the appropriate social context of marriage. It encapsulates the restrictions Horton identified on courtship discourse in popular song prior to the arrival of rock and roll. The Henderson/DeSylva/Brown composition You're the Cream in My Coffee, recorded by Annette Hanshaw (1928) and by Nat King Cole (1946), also celebrates the social ideal of monogamous devotion. The persistence of such idealised traditional themes continued into the 1960s. American pop singer Don Cherry had a hit with Then You Can Tell Me Goodbye (1962) that used coffee as a metaphor for undying and everlasting love. Otis Redding’s version of Butler/Thomas/Walker’s Cigarettes and Coffee (1966)—arguably soul music’s exemplary romantic coffee song—carries a similar message as a couple proclaim their devotion in a late night conversation over coffee. Like much of the Stax catalogue, Cigarettes and Coffee, has a distinctly “down home” feel and timbre. The lovers are simply content with each other; they don’t need “cream” or “sugar.” Horton found 1950s blues and R&B lyrics much more sexually explicit than pop songs (567). Dawson (1994) subsequently characterised black popular music as a distinct public sphere, and Squires (2002) argued that it displayed elements of what she defined as “enclave” and “counterpublic” traits. Lawson (2010) has argued that marginalised and/or subversive blues artists offered a form of countercultural resistance against prevailing social norms. Indeed, several blues and R&B coffee songs disregard established courtship ideals and associate the product with non-normative and even transgressive relationship circumstances—including infidelity, divorce, and domestic violence. Lightnin’ Hopkins’s Coffee Blues (1950) references child neglect and spousal abuse, while the narrative of Muddy Waters’s scorching Iodine in my Coffee (1952) tells of an attempted poisoning by his Waters’s partner. In 40 Cups of Coffee (1953) Ella Mae Morse is waiting for her husband to return home, fuelling her anger and anxiety with caffeine. This song does eventually comply with traditional courtship ideals: when her lover eventually returns home at five in the morning, he is greeted with a relieved kiss. In Keep That Coffee Hot (1955), Scatman Crothers supplies a counterpoint to Morse’s late-night-abandonment narrative, asking his partner to keep his favourite drink warm during his adulterous absence. Brook Benton’s Another Cup of Coffee (1964) expresses acute feelings of regret and loneliness after a failed relationship. More obliquely, in Coffee Blues (1966) Mississippi John Hurt sings affectionately about his favourite brand, a “lovin’ spoonful” of Maxwell House. In this, he bequeathed the moniker of folk-rock band The Lovin’ Spoonful, whose hits included Do You Believe in Magic (1965) and Summer in the City (1966). However, an alternative reading of Hurt’s lyric suggests that this particular phrase is a metaphorical device proclaiming the author’s sexual potency. Hurt’s “lovin’ spoonful” may actually be a portion of his seminal emission. In the 1950s, Horton identified country as particularly “doleful” (570), and coffee provides a common metaphor for failed romance in a genre dominated by “metanarratives of loss and desire” (Fox, Jukebox 54). Claude Gray’s I'll Have Another Cup of Coffee (Then I’ll Go) (1961) tells of a protagonist delivering child support payments according to his divorce lawyer’s instructions. The couple share late night coffee as their children sleep through the conversation. This song was subsequently recorded by seventeen-year-old Bob Marley (One Cup of Coffee, 1962) under the pseudonym Bobby Martell, a decade prior to his breakthrough as an international reggae star. Marley’s youngest son Damian has also performed the track while, interestingly in the context of this discussion, his older sibling Rohan co-founded Marley Coffee, an organic farm in the Jamaican Blue Mountains. Following Carey’s demonstration of mainstream pop’s increasingly realistic depiction of courtship behaviours during the 1960s, songwriters continued to draw on coffee as a metaphor for failed romance. In Carly Simon’s You’re So Vain (1972), she dreams of clouds in her coffee while contemplating an ostentatious ex-lover. Squeeze’s Black Coffee In Bed (1982) uses a coffee stain metaphor to describe the end of what appears to be yet another dead-end relationship for the protagonist. Sarah Harmer’s Coffee Stain (1998) expands on this device by reworking the familiar “lipstick on your collar” trope, while Sexsmith & Kerr’s duet Raindrops in my Coffee (2005) superimposes teardrops in coffee and raindrops on the pavement with compelling effect. Kate Bush’s Coffee Homeground (1978) provides the most extreme narrative of relationship breakdown: the true story of Cora Henrietta Crippin’s poisoning. Researchers who replicated Horton’s and Carey’s methodology in the late 1970s (Bridges; Denisoff) were surprised to find their results dominated by traditional courtship ideals. The new liberal values unearthed by Carey in the late 1960s simply failed to materialise in subsequent decades. In this context, it is interesting to observe how romantic coffee songs in contemporary soul and jazz continue to disavow the post-1960s trend towards realistic social narratives, adopting instead a conspicuously consumerist outlook accompanied by smooth musical timbres. This phenomenon possibly betrays the influence of contemporary coffee advertising. From the 1980s, television commercials have sought to establish coffee as a desirable high end product, enjoyed by bohemian lovers in a conspicuously up-market environment (Werder). All Saints’s Black Coffee (2000) and Lebrado’s Coffee (2006) identify strongly with the culture industry’s image of coffee as a luxurious beverage whose consumption signifies prominent social status. All Saints’s promotional video is set in a opulent location (although its visuals emphasise the lyric’s romantic disharmony), while Natalie Cole’s Coffee Time (2008) might have been itself written as a commercial. Busting Up a Starbucks: The Politics of Coffee Politics and coffee meet most palpably at the coffee shop. This conjunction has a well-documented history beginning with the establishment of coffee houses in Europe and the birth of the public sphere (Habermas; Love; Pincus). The first popular songs to reference coffee shops include Jaybird Coleman’s Coffee Grinder Blues (1930), which boasts of skills that precede the contemporary notion of a barista by four decades; and Let's Have Another Cup of Coffee (1932) from Irving Berlin’s depression-era musical Face The Music, where the protagonists decide to stay in a restaurant drinking coffee and eating pie until the economy improves. Coffee in a Cardboard Cup (1971) from the Broadway musical 70 Girls 70 is an unambiguous condemnation of consumerism, however, it was written, recorded and produced a generation before Starbucks’ aggressive expansion and rapid dominance of the coffee house market during the 1990s. The growth of this company caused significant criticism and protest against what seemed to be a ruthless homogenising force that sought to overwhelm local competition (Holt; Thomson). In response, Starbucks has sought to be defined as a more responsive and interactive brand that encourages “glocalisation” (de Larios; Thompson). Koller, however, has characterised glocalisation as the manipulative fabrication of an “imagined community”—whose heterogeneity is in fact maintained by the aesthetics and purchasing choices of consumers who make distinctive and conscious anti-brand statements (114). Neat Capitalism is a more useful concept here, one that intercedes between corporate ideology and postmodern cultural logic, where such notions as community relations and customer satisfaction are deliberately and perhaps somewhat cynically conflated with the goal of profit maximisation (Rojek). As the world’s largest chain of coffee houses with over 19,400 stores in March 2012 (Loxcel), Starbucks is an exemplar of this phenomenon. Their apparent commitment to environmental stewardship, community relations, and ethical sourcing is outlined in the company’s annual “Global Responsibility Report” (Vimac). It is also demonstrated in their engagement with charitable and environmental non-governmental organisations such as Fairtrade and Co-operative for Assistance and Relief Everywhere (CARE). By emphasising this, Starbucks are able to interpellate (that is, “call forth”, “summon”, or “hail” in Althusserian terms) those consumers who value environmental protection, social justice and ethical business practices (Rojek 117). Bob Dylan and Sheryl Crow provide interesting case studies of the persuasive cultural influence evoked by Neat Capitalism. Dylan’s 1962 song Talkin’ New York satirised his formative experiences as an impoverished performer in Greenwich Village’s coffee houses. In 1995, however, his decision to distribute the Bob Dylan: Live At The Gaslight 1962 CD exclusively via Starbucks generated significant media controversy. Prominent commentators expressed their disapproval (Wilson Harris) and HMV Canada withdrew Dylan’s product from their shelves (Lynskey). Despite this, the success of this and other projects resulted in the launch of Starbucks’s in-house record company, Hear Music, which released entirely new recordings from major artists such as Ray Charles, Paul McCartney, Joni Mitchell, Carly Simon and Elvis Costello—although the company has recently announced a restructuring of their involvement in this venture (O’Neil). Sheryl Crow disparaged her former life as a waitress in Coffee Shop (1995), a song recorded for her second album. “Yes, I was a waitress. I was a waitress not so long ago; then I won a Grammy” she affirmed in a YouTube clip of a live performance from the same year. More recently, however, Crow has become an avowed self-proclaimed “Starbucks groupie” (Tickle), releasing an Artist’s Choice (2003) compilation album exclusively via Hear Music and performing at the company’s 2010 Annual Shareholders’s Meeting. Songs voicing more unequivocal dissatisfaction with Starbucks’s particular variant of Neat Capitalism include Busting Up a Starbucks (Mike Doughty, 2005), and Starbucks Takes All My Money (KJ-52, 2008). The most successful of these is undoubtedly Ron Sexsmith’s Jazz at the Bookstore (2006). Sexsmith bemoans the irony of intense original blues artists such as Leadbelly being drowned out by the cacophony of coffee grinding machines while customers queue up to purchase expensive coffees whose names they can’t pronounce. In this, he juxtaposes the progressive patina of corporate culture against the circumstances of African-American labour conditions in the deep South, the shocking incongruity of which eventually cause the old bluesman to turn in his grave. Fredric Jameson may have good reason to lament the depthless a-historical pastiche of postmodern popular culture, but this is no “nostalgia film”: Sexsmith articulates an artfully framed set of subtle, sensitive, and carefully contextualised observations. Songs about coffee also intersect with politics via lyrics that play on the mid-brown colour of the beverage, by employing it as a metaphor for the sociological meta-narratives of acculturation and assimilation. First popularised in Israel Zangwill’s 1905 stage play, The Melting Pot, this term is more commonly associated with Americanisation rather than miscegenation in the United States—a nuanced distinction that British band Blue Mink failed to grasp with their memorable invocation of “coffee-coloured people” in Melting Pot (1969). Re-titled in the US as People Are Together (Mickey Murray, 1970) the song was considered too extreme for mainstream radio airplay (Thompson). Ike and Tina Turner’s Black Coffee (1972) provided a more accomplished articulation of coffee as a signifier of racial identity; first by associating it with the history of slavery and the post-Civil Rights discourse of African-American autonomy, then by celebrating its role as an energising force for African-American workers seeking economic self-determination. Anyone familiar with the re-casting of black popular music in an industry dominated by Caucasian interests and aesthetics (Cashmore; Garofalo) will be unsurprised to find British super-group Humble Pie’s (1973) version of this song more recognisable. Conclusion Coffee-flavoured popular songs celebrate the stimulant effects of caffeine, provide metaphors for courtship rituals, and offer critiques of Neat Capitalism. Harold Love and Guthrie Ramsey have each argued (from different perspectives) that the cultural micro-narratives of small social groups allow us to identify important “ethnographic truths” (Ramsey 22). Aesthetically satisfying and intellectually stimulating coffee songs are found where these micro-narratives intersect with the ethnographic truths of coffee culture. 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Photo by National Cancer Institute on Unsplash INTRODUCTION Since the start of the COVID-19 pandemic, there have been calls for the President to invoke a Korean-war-era law, the Defense Production Act (“DPA”), to effectively nationalize the supply of critical medical supplies (e.g., N-95-grade masks, ventilators) and speed up vaccine production. The reasoning for employing the DPA is simple: it can immediately ramp up the industrial production of critical supplies and material resources and direct their distribution to areas of greatest need.[1] The Trump administration used the DPA 18 times to aid vaccine development.[2] The Biden administration has followed suit, invoking the DPA in February.[3] While the Defense Production Act has enabled a massive mobilization of crucial resources for vaccine development, it has also had negative, downstream effects, which raise ethical concerns surrounding resource allocation. Evaluating the effect of the DPA on Tepezza (teprotumumab-trbw; Horizon Therapeutics), a non-COVID-19 medication, demonstrates how the DPA is not adequately designed to address pharmaceutical manufacturing, and point to a potential need for further legislation. ANALYSIS By its nature, the DPA is a very blunt and fast-moving instrument that should be used sparingly. Originally signed into law by President Truman at the outset of the Korean War in 1950, the DPA gives the President the authority to order private sectors to produce essential goods in times of emergency.[4] In particular, it allows the President to compel corporations to immediately prioritize orders from the federal government irrespective of previously agreed-upon contracts. The typical rules of supply and demand economics are overridden, and legally binding agreements are nullified. Thus, the power of the DPA facilitates its ability to redirect resources in a swift, absolute manner. Over the years, the general scope of the DPA has steadily extended beyond military preparedness to include natural disasters and homeland security. In January 2001, both President Clinton and President G. W. Bush invoked DPA powers to ensure that emergency supplies of electrical power and natural gas continued flowing to California utilities during the 2000 - 2001 energy crisis.[5] In 2017, the Federal Emergency Management Agency (FEMA) used the DPA to prioritize contracts for food, bottled water, and the restoration of electrical systems after Hurricane Maria struck Puerto Rico.[6] December 2020 had a record number (65,000) of US COVID-19 deaths and over 118,000 COVID-19 patients in U.S. hospitals.[7] Vaccines were still predominantly being allocated to healthcare workers and residents of long-term care and assisted living facilities. While the federal government created demand for COVID-19 vaccines by contracting with pharmaceutical and manufacturing companies, vaccine supply remained low. Private companies needed more time to alter their production schedules and get out of existing contracts before they could fulfill the government contracts. The government invoked the DPA to expedite vaccine production, enabling companies to break existing contracts and start production. On December 17, 2020, Horizon Therapeutics, a biopharmaceutical company, announced that its drug Tepezza would experience a serious supply shortage[8] due to the abrupt cancellation of manufacturing slots at Horizon’s sub-contractor Catalent Pharma Solutions. Catalent, a drug manufacturer, packager, and distributor, was also a producer of Moderna’s new COVID-19 vaccine, manufacturing both Tepezza and the Moderna vaccine on the same production line. Operation Warp Speed, used the DPA to direct the immediate reallocation of Catalent’s manufacturing slots to Moderna.[9] The abrupt disruption of Tepezza production had a “dramatic effect” on patients.[10] Tepezza is the only FDA-approved medication to treat adults with Thyroid Eye Disease (TED), also known as Graves’ Ophthalmopathy, a rare autoimmune condition wherein the muscles and fatty tissues behind the eye become inflamed, causing the eyes to push forward and bulge outward. Symptoms include eye pain, light sensitivity, difficulty closing the eye, and, in severe cases, blindness.[11] While TED impacts a small number of individuals, the disease can be incapacitating, preventing individuals from performing important daily activities, like driving or working. On the prescribed course of treatment for TED, patients take a total of eight intravenous injections of Tepezza, one every three weeks.[12] When supplies were disrupted, some patients stopped receiving Tepezza in the middle of treatment. While the effects of stopping midway are unknown, symptoms may worsen during the hiatus or premature stoppage. People who had not yet begun treatment had to delay starting, sometimes remaining in pain and risking vision loss from optic nerve compression. To alleviate symptoms, some patients may have opted for eye surgeries instead of waiting for Tepezza.[13] When the federal government invoked the DPA, it inadvertently put two interests at odds with each other – providing medication for a rare but serious disease and speeding up vaccination rates against the coronavirus. Prior applications of the DPA affected the supply and demand of machinery and raw materials – not pharmaceuticals, which have a direct and immediate impact on human health. In 1967, for instance, President Johnson invoked the DPA requiring Chrysler to prioritize production of the M1 Abrams Tank, the Army’s new main battle tank, over cars. Around the same time, President Johnson also used the DPA to expand chemical plants’ production of herbicides, such as 2,4,5-T and 2,4-D, to make Agent Orange.[14] Most recently, the Trump administration used the DPA to require GE and 3M to prioritize the production of critical medical equipment (e.g., ventilators, personal protective equipment).[15] None of these examples impacted access to pharmaceuticals. There are, however, significant ethical issues at stake in the use of the DPA to abruptly alter pharmaceutical manufacturing, even temporarily. Catalent was just one of many Moderna COVID-19 vaccine manufacturers. The number of doses of Tepezza needed to supply patients was small given the low prevalence of TED. An investor reported that if Horizon had access to the facility for even a few hours, it could have met the demand.[16] If Operation Warp Speed had worked more closely with Horizon Therapeutics and asked Catalent to briefly make additional doses given its short manufacturing time, the negative effects on patients with TED could have been avoided. But the DPA, by design, approaches an emergency from a utilitarian perspective, rapidly redirecting resources to achieve the greatest good for the greatest number of people. A significant portion of the American population, including Tepezza’s patient population, was at risk of contracting the coronavirus and experiencing severe symptoms, and the DPA order had the potential to save many lives. But pharmaceutical supply chains are complex, fragile, and highly time sensitive. A sudden disruption can have a significant, long-lasting effect on patients’ health. We need to be cognizant of these ethical issues and weigh competing claims before proceeding. The decision to employ the DPA to take over the assembly line of Tepezza resulted in de facto rationing of supplies without proper ethical analysis. During the COVID-19 pandemic, we have been fortunate that the DPA did not do more damage to the supply chains of life-saving drugs. CONCLUSION We should reconsider whether the DPA, in its current form, should apply to the pharmaceutical industry. The government should carefully analyze the ethics before redirecting pharmaceutical production. Instead, the federal government should create a different process in the DPA, which I call the “Pharmaceutical DPA”, for assessing when to divert pharmaceutical production, perhaps with a goal of preserving the ability to produce drugs for serious illnesses, even if the illnesses are rare. While a pharmaceutical DPA could still compel pharmaceutical and manufacturing companies to prioritize government contracts and break pre-existing contracts, the companies should have more latitude to decide when and how to start complying with the DPA’s directives. With a new two-tiered law, the federal government would have the ability to redirect non-pharmaceutical resources as it does currently and pharmaceutical ones in a way that gives a limited amount of discretion to pharmaceutical companies. Given that so many excess doses of the vaccine remain unused,[17] arguably the diversion of resources away from Tepezza did not effectively further the government‘s target vaccination goals due to a decision by many people not to receive the vaccine. Production of Tepezza resumed in April 2021, not because the DPA was lifted, but because Horizon submitted a prior approval supplement (PAS) to the Food and Drug Administration (FDA) to support the increased scale production of Tepezza by other manufacturers.[18] Although the short-term supply shortage has been corrected, the case of Tepezza shows that the DPA needs to be carefully reconsidered in the context of the pharmaceutical industry because of the potential consequences to patients. If the DPA were flexible enough to allow Catalent to manufacture Tepezza for a few more hours in total, the company could have avoided the shortage. The creation of a pharmaceutical DPA would prevent this from happening in the future, enabling the original Act’s provisions to be used more like a scalpel than a blunt instrument. - [1] Fox, L., Collins, K., & Holmes, K. “Pressure mounts for Trump to actually use Defense Production Act,” CNN, (2020), accessed July 23, 2021, https://www.cnn.com/2020/03/20/politics/defense-production-act-trump/index.html [2] “Statement from the Press Secretary,” Trump White House Archives (2020), accessed July 23, 2021, https://trumpwhitehouse.archives.gov/briefings-statements/statement-press-secretary-123020/ [3] Court, E. & Wingrove, J. “Biden Team to Use DPA for Vaccine Manufacturing, Testing,” Bloomberg (2021), accessed July 23, 2021, https://www.bloomberg.com/news/articles/2021-02-05/biden-team-to-use-dpa-for-vaccine-manufacturing-testing?srnd=premium [4] “The Defense Production Act of 1950: History, Authorities, and Considerations for Congress,” Congressional Research Service (2020), accessed July 23, 2021, https://fas.org/sgp/crs/natsec/R43767.pdf [5] Else, D. H. “Defense Production Act: Purpose and Scope,” Congressional Research Service (2009), accessed September 23, 2021, https://sgp.fas.org/crs/natsec/RS20587.pdf [6] “The Defense Production Act: The Obscure Law that Industry and Government Should be Talking About Today (and for the Foreseeable Future,” Dorsey & Whitney LLP, accessed September 24, 2021, https://www.dorsey.com/newsresources/publications/client-alerts/2020/03/the-defense-production-act [7] “US sees a record number of COVID-19 deaths in December,” Center for Infectious Disease Research and Policy (2020), accessed July 23, 2021, https://www.cidrap.umn.edu/news-perspective/2020/12/us-sees-record-number-covid-19-deaths-december [8] “Horizon Therapeutics plc Announces Short-Term TEPEZZA® (teprotumumab-trbw) Supply Disruption Due to Government-Mandated (Operation Warp Speed) COVID-19 Vaccine Production,” Horizon Therapeutics (2020), accessed July 22, 2021, https://ir.horizontherapeutics.com/news-releases/news-release-details/horizon-therapeutics-plc-announces-short-term-tepezzar [9] Kansteiner, F. “Horizon’s Tepezza supply dwindles as manufacturer Catalent pivots to Warp Speed vaccines” Fierce Pharma (2020), accessed July 23, 2021, https://www.fiercepharma.com/manufacturing/horizon-faces-tepezza-disruptions-as-manufacturer-catalent-tapped-for-warp-speed [10] Kuchler, H. “Push to make Covid vaccines causes US drug shortages,” Financial Times (2021), accessed July 22, 2021, https://www.ft.com/content/b3ac261e-2675-4679-9356-53aa6d812ad7 [11] “FDA approves first treatment for thyroid eye disease,” FDA (2020), accessed July 22, 2021, https://www.fda.gov/news-events/press-announcements/fda-approves-first-treatment-thyroid-eye-disease [12] “Tepezza Dosing and Administration” Tepezza, accessed July 23, 2021, https://www.tepezza.com/hcp/tepezza-dosing-and-infusion-information [13] It should be noted that there are currently no academic sources on the effects of the Tepezza shortage to the TED patient population. [14] Bell, D. “’A Little-known Bill of Great National Significance’: The Uses and Evolution of the Defense Production Act, 1950 – 2020,” US Army Heritage and Education Center (2020), accessed September 23, 2021, https://ahec.armywarcollege.edu/documents/Defense_Production_Act_1950-2020.pdf [15] “Applying the Defense Production Act,” FEMA (2021), accessed September 23, 2021, https://www.fema.gov/press-release/20210420/applying-defense-production-act [16] Author personally attended a small group conversation with the investor and attests to the accuracy of the statement. [17] Eaton J., Murphy, J. “15 million Covid vaccine doses thrown away in the U.S. since March, new data shows,” NBC News (2021), accessed October 1, 2021, https://www.nbcnews.com/news/us-news/america-has-wasted-least-15-million-covid-vaccine-doses-march-n1278211 [18] “Statement on TEPEZZA® (teprotumumab-trbw) Availability,” Horizon (2021), accessed July 22, 2021, https://www.horizontherapeutics.com/media-center/horizon-resources/statement-on-short-term-tepezza-supply-disruption

Human history has witnessed varied surveillance and counter-surveillance activities from time immemorial. Human beings could not surveille others effectively and accurately without the technology of their era. Technology is a tool that can empower both people and governments. The outcomes are different based on the users’ intentions and aims. 2,500 years ago, Sun Tzu noted that ‘If you know both yourself and your enemy, you can win numerous (literally, "a hundred") battles without jeopardy’. His words still ring true. To be a good surveiller and counter-surveiller it is essential to know both sides, and in order to be good at these activities access to technology is vital. There is no doubt that knowledge is power, and without technology to access the information, it is impossible to be powerful. As we become more expert at technology, we will learn what makes surveillance and counter-surveillance more effective, and will be more powerful.“Surveillance” is one of the most important aspects of living in the convergent media environment. This essay illustrates government surveillance and counter-surveillance during the Iranian Green Movement (2009) on social and mobile media. The Green Movement refers to a non-violent movement that arose after the disputed presidential election on June 2009. After that Iran was facing its most serious political crisis since the 1979 revolution. Claims of vote fraud triggered massive street protests. Many took to the streets with “Green” signs, chanting slogans such as ‘the government lied’, and ‘where is my vote?’ There is no doubt that social and mobile media has played an important role in Iran’s contemporary politics. According to Internet World Stats (IWS) Internet users in 2009 account for approximately 48.5 per cent of the population of Iran. In 2009, Iran had 30.2 million mobile phone users (Freedom House), and 72 cellular subscriptions for every 100 people (World Bank). Today, while Iran has the 19th-largest population in the world, its blogosphere holds the third spot in terms of number of users, just behind the United States and China (Beth Elson et al.). In this essay the use of social and mobile media (technology) is not debated, but the extent of this use, and who, why and how it is used, is clearly scrutinised.Visibility and Surveillance There have been different kinds of surveillance for a very long time. However, all types of surveillance are based on the notion of “visibility”. Previous studies show that visibility is not a new term (Foucault Discipline). The new things in the new era, are its scale, scope and complicated ways to watch others without being watched, which are not limited to a specific time, space and group, and are completely different from previous instruments for watching (Andrejevic). As Meikle and Young (146) have mentioned ‘networked digital media bring with them a new kind of visibility’, based on different kinds of technology. Internet surveillance has important implications in politics to control, protect, and influence (Marx Ethics; Castells; Fuchs Critique). Surveillance has been improved during its long history, and evolved from very simple spying and watching to complicated methods of “iSpy” (Andrejevic). To understand the importance of visibility and its relationship with surveillance, it is essential to study visibility in conjunction with the notion of “panopticon” and its contradictory functions. Foucault uses Bentham's notion of panopticon that carries within itself visibility and transparency to control others. “Gaze” is a central term in Bentham’s view. ‘Bentham thinks of a visibility organised entirely around a dominating, overseeing gaze’ (Foucault Eye). Moreover, Thomson (Visibility 11) notes that we are living in the age of ‘normalizing the power of the gaze’ and it is clear that the influential gaze is based on powerful means to see others.Lyon (Surveillance 2) explains that ‘surveillance is any collection and processing of personal data, whether identifiable or not, for the purpose of influencing or managing those whose data have been granted…’. He mentions that today the most important means of surveillance reside in computer power which allows collected data to be sorted, matched, retrieved, processed, marketed and circulated.Nowadays, the Internet has become ubiquitous in many parts of the world. So, the changes in people’s interactions have influenced their lives. Fuchs (Introduction 15) argues that ‘information technology enables surveillance at a distance…in real time over networks at high transmission speed’. Therefore, visibility touches different aspects of people’s lives and living in a “glasshouse” has caused a lot of fear and anxiety about privacy.Iran’s Green Movement is one of many cases for studying surveillance and counter-surveillance technologies in social and mobile media. Government Surveillance on Social and Mobile Media in Iran, 2009 In 2009 the Iranian government controlled technology that allowed them to monitor, track, and limit access to the Internet, social media and mobiles communication, which has resulted in the surveillance of Green Movement’s activists. The Iranian government had improved its technical capabilities to monitor the people’s behavior on the Internet long before the 2009 election. The election led to an increase in online surveillance. Using social media the Iranian government became even more powerful than it was before the election. Social media was a significant factor in strengthening the government’s power. In the months after the election the virtual atmosphere became considerably more repressive. The intensified filtering of the Internet and implementation of more advanced surveillance systems strengthened the government’s position after the election. The Open Net Initiative revealed that the Internet censorship system in Iran is one of the most comprehensive and sophisticated censorship systems in the world. It emphasized that ‘Advances in domestic technical capacity have contributed to the implementation of a centralized filtering strategy and a reduced reliance on Western technologies’.On the other hand, the authorities attempted to block all access to political blogs (Jaras), either through cyber-security methods or through threats (Tusa). The Centre for Investigating Organized Cyber Crimes, which was founded in 2007 partly ‘to investigate and confront social and economic offenses on the Internet’ (Cyber Police), became increasingly important over the course of 2009 as the government combated the opposition’s online activities (Beth Elson et al. 16). Training of "senior Internet lieutenants" to confront Iran's "virtual enemies online" was another attempt that the Intelligence minister announced following the protests (Iran Media Program).In 2009 the Iranian government enacted the Computer Crime Law (Jaras). According to this law the Committee in Charge of Determining Unauthorized Websites is legally empowered to identify sites that carry forbidden content and report that information to TCI and other major ISPs for blocking (Freedom House). In the late fall of 2009, the government started sending threatening and warning text messages to protesters about their presence in the protests (BBC). Attacking, blocking, hacking and hijacking of the domain names of some opposition websites such as Jaras and Kaleme besides a number of non-Iranian sites such as Twitter were among the other attempts of the Iranian Cyber Army (Jaras).It is also said that the police and security forces arrested dissidents identified through photos and videos posted on the social media that many imagined had empowered them. Furthermore, the online photos of the active protesters were posted on different websites, asking people to identify them (Valizadeh).In late June 2009 the Iranian government was intentionally permitting Internet traffic to and from social networking sites such as Facebook and Twitter so that it could use a sophisticated practice called Deep Packet Inspection (DPI) to collect information about users. It was reportedly also applying the same technology to monitor mobile phone communications (Beth Elson et al. 15).On the other hand, to cut communication between Iranians inside and outside the country, Iran slowed down the Internet dramatically (Jaras). Iran also blocked access to Facebook, YouTube, Wikipedia, Twitter and many blogs before, during and after the protests. Moreover, in 2009, text message services were shut down for over 40 days, and mobile phone subscribers could not send or receive text messages regardless of their mobile carriers. Subsequently it was disrupted on a temporary basis immediately before and during key protests days.It was later discovered that the Nokia Siemens Network provided the government with surveillance technologies (Wagner; Iran Media Program). The Iranian government built a complicated system that enabled it to monitor, track and intercept what was said on mobile phones. Nokia Siemens Network confirmed it supplied Iran with the technology needed to monitor, control, and read local telephone calls [...] The product allowed authorities to monitor any communications across a network, including voice calls, text messaging, instant messages, and web traffic (Cellan-Jones). Media sources also reported that two Chinese companies, Huawei and ZTE, provided surveillance technologies to the government. The Nic Payamak and Saman Payamak websites, that provide mass text messaging services, also reported that operator Hamrah Aval commonly blocked texts with words such as meeting, location, rally, gathering, election and parliament (Iran Media Program). Visibility and Counter-Surveillance The panopticon is not limited to the watchers. Similarly, new kinds of panopticon and visibility are not confined to government surveillance. Foucault points out that ‘the seeing machine was once a sort of dark room into which individuals spied; it has become a transparent building in which the exercise of power may be supervised by society as a whole’ (Discipline 207). What is important is Foucault's recognition that transparency, not only of those who are being observed but also of those who are observing, is central to the notion of the panopticon (Allen) and ‘any member of society will have the right to come and see with his own eyes how schools, hospitals, factories, and prisons function’ (Foucault, Discipline 207). Counter-surveillance is the process of detecting and mitigating hostile surveillance (Burton). Therefore, while the Internet is a surveillance instrument that enables governments to watch people, it also improves the capacity to counter-surveille, and draws public attention to governments’ injustice. As Castells (185) notes the Internet could be used by citizens to watch their government as an instrument of control, information, participation, and even decision-making, from the bottom up.With regards to the role of citizens in counter-surveillance we can draw on Jay Rosen’s view of Internet users as ‘the people formerly known as the audience’. In counter-surveillance it can be said that passive citizens (formerly the audience) have turned into active citizens. And this change was becoming impossible without mobile and social media platforms. These new techniques and technologies have empowered people and given them the opportunity to have new identities. When Thompson wrote ‘the exercise of power in modern societies remains in many ways shrouded in secrecy and hidden from the public gaze’ (Media 125), perhaps he could not imagine that one day people can gaze at the politicians, security forces and the police through the use of the Internet and mobile devices.Furthermore, while access to mobile media allows people to hold authorities accountable for their uses and abuses of power (Breen 183), social media can be used as a means of representation, organization of collective action, mobilization, and drawing attention to police brutality and reasons for political action (Gerbaudo).There is no doubt that having creativity and using alternative platforms are important aspects in counter-surveillance. For example, images of Lt. Pike “Pepper Spray Cop” from the University of California became the symbol of the senselessness of police brutality during the Occupy Movement (Shaw). Iranians’ Counter-Surveillance on Social and Mobile Media, 2009 Iran’s Green movement (2009) triggered a lot of discussions about the role of technology in social movements. In this regard, there are two notable attitudes about the role of technology: techno-optimistic (Shriky and Castells) and techno-pessimistic (Morozov and Gladwell) views should be taken into account. While techno-optimists overrated the role of social media, techno-pessimists underestimated its role. However, there is no doubt that technology has played a great role as a counter-surveillance tool amongst Iranian people in Iran’s contemporary politics.Apart from the academic discussions between techno-optimists and techno-pessimists, there have been numerous debates about the role of new technologies in Iran during the Green Movement. This subject has received interest from different corners of the world, including Western countries, Iranian authorities, opposition groups, and also some NGOs. However, its role as a means of counter-surveillance has not received adequate attention.As the tools of counter-surveillance are more or less the tools of surveillance, protesters learned from the government to use the same techniques to challenge authority on social media.Establishing new websites (such as JARAS, RASA, Kalemeh, and Iran green voice) or strengthening some previous ones (such as Saham, Emrooz, Norooz), also activating different platforms such as Facebook, Twitter, and YouTube accounts to broadcast the voice of the Iranian Green Movement and neutralize the government’s propaganda were the most important ways to empower supporters of Iran’s Green Movement in counter-surveillance.‘Reporters Without Borders issued a statement, saying that ‘the new media, and particularly social networks, have given populations collaborative tools with which they can change the social order’. It is also mentioned that despite efforts by the Iranian government to prevent any reporting of the protests and due to considerable pressure placed on foreign journalists inside Iran, social media played a significant role in sending the messages and images of the movement to the outside world (Axworthy). However, at that moment, many thought that Twitter performed a liberating role for Iranian dissenters. For example, Western media heralded the Green Movement in Iran as a “Twitter revolution” fuelled by information and communication technologies (ICTs) and social media tools (Carrieri et al. 4). “The Revolution Will Be Twittered” was the first in a series of blog posts published by Andrew Sullivan a few hours after the news of the protests was released.According to the researcher’s observation the numbers of Twitter users inside Iran who tweeted was very limited in 2009 and social media was most useful in the dissemination of information, especially from those inside Iran to outsiders. Mobile phones were mostly influential as an instrument firstly used for producing contents (images and videos) and secondly for the organisation of protests. There were many photos and videos that were filmed by very simple mobile cell phones, uploaded by ordinary people onto YouTube and other platforms. The links were shared many times on Twitter and Facebook and released by mainstream media. The most frequently circulated story from the Iranian protests was a video of Neda Agha-Sultan. Her final moments were captured by some bystanders with mobile phone cameras and rapidly spread across the global media and the Internet. It showed that the camera-phone had provided citizens with a powerful means, allowing for the creation and instant sharing of persuasive personalised eyewitness records with mobile and globalised target populations (Anden-Papadopoulos).Protesters used another technique, DDOS (distributed denial of service attacks), for political protest in cyber space. Anonymous people used DDOS to overload a website with fake requests, making it unavailable for users and disrupting the sites set as targets (McMillan) in effect, shutting down the site. DDOS is an important counter-surveillance activity by grassroots activists or hackers. It was a cyber protest that knocked the main Iranian governmental websites off-line and caused crowdsourcing and false trafficking. Amongst them were Mahmoud Ahmadinejad, Iran's supreme leader’s websites and those which belong to or are close to the government or security forces, including news agencies (Fars, IRNA, Press TV…), the Ministry of Foreign Affairs, the Ministry of Justice, the Police, and the Ministry of the Interior.Moreover, as authorities uploaded the pictures of protesters onto different platforms to find and arrest them, in some cities people started to put the pictures, phone numbers and addresses of members of security forces and plain clothes police officers who attacked them during the protests and asked people to identify and report the others. They also wanted people to send information about suspects who infringed human rights. Conclusion To sum up, visibility, surveillance and counter-surveillance are not new phenomena. What is new is the technology, which increased their complexity. As Foucault (Discipline 200) mentioned ‘visibility is a trap’, so being visible would be the weakness of those who are being surveilled in the power struggle. In the convergent era, in order to be more powerful, both surveillance and counter-surveillance activities aim for more visibility. Although both attempt to use the same means (technology) to trap the other side, the differences are in their subjects, objects, goals and results.While in surveillance, visibility of the many by the few is mostly for the purpose of control and influence in undemocratic ways, in counter-surveillance, the visibility of the few by the many is mostly through democratic ways to secure more accountability and transparency from the governments.As mentioned in the case of Iran’s Green Movement, the scale and scope of visibility are different in surveillance and counter-surveillance. The importance of what Shaw wrote about Sydney occupy counter-surveillance, applies to other places, such as Iran. She has stressed that ‘protesters and police engaged in a dance of technology and surveillance with one another. Both had access to technology, but there were uncertainties about the extent of technology and its proficient use…’In Iran (2009), both sides (government and activists) used technology and benefited from digital networked platforms, but their levels of access and domains of influence were different, which was because the sources of power, information and wealth were divided asymmetrically between them. Creativity was important for both sides to make others more visible, and make themselves invisible. Also, sharing information to make the other side visible played an important role in these two areas. References Alen, David. “The Trouble with Transparency: The Challenge of Doing Journalism Ethics in a Surveillance Society.” Journalism Studies 9.3 (2008): 323-40. 8 Dec. 2013 ‹http://www.tandfonline.com/doi/full/10.1080/14616700801997224#.UqRFSuIZsqN›. 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Tusa, Felix. “How Social Media Can Shape a Protest Movement: The Cases of Egypt in 2011 and Iran in 2009.” Arab Media and Society 17 (Winter 2013). 15 July 2014 ‹http://www.arabmediasociety.com/index.php?article=816&p=0›. Tzu, Sun. Sun Tzu: The Art of War. S.l.: Pax Librorum Pub. H, 2009. Valizadeh, Reza. “Invitation to the Public Shooting with the Camera.” RFI, 2011. 19 June 2014 ‹http://www.persian.rfi.fr/%D8%AF%D8%B9%D9%88%D8%AA-%D8%A8%D9%87-%D8%B4%D9%84%DB%8C%DA%A9-%D8%B9%D9%85%D9%88%D9%85%DB%8C-%D8%A8%D8%A7-%D8%AF%D9%88%D8%B1%D8%A8%DB%8C%D9%86-%D8%B9%DA%A9%D8%A7%D8%B3%DB%8C-20110307/%D8%A7%DB%8C%D8%B1%D8%A7%D9%86›. Wagner, Ben. Exporting Censorship and Surveillance Technology. Netherlands: Humanist Institute for Co-operation with Developing Countries (Hivos), 2012. 7 July 2014 ‹https://hivos.org/sites/default/files/exporting_censorship_and_surveillance_technology_by_ben_wagner.pdf›. World Bank. Mobile Cellular Subscriptions (per 100 People). The World Bank. 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Photo by Josh Riemer on Unsplash Introduction With the rapid advancements in neurotechnological machinery and improved analytical insights from machine learning in neuroscience, the availability of big brain data has increased tremendously. Neurological health research is done using digitized brain data.[1] There must be adequate data governance to secure the privacy of subjects participating in brain research and treatments. If not properly regulated, the research methods could lead to significant breaches of the subject’s autonomy and privacy. This paper will address the necessity for neuroprotection laws, which effectively govern the use of big brain data to ensure respect for patient privacy and autonomy. Background Artificial intelligence and machine learning can be integrated with neuroscience big brain data to drive research studies. This integrative technology allows patterns of electrical activity in neurons to be studied in detail.[2]Specifically, it uses a robotic system which can reason, plan, and exhibit biologically intelligent behavior. Machine learning is a method of computer programming where the code can adapt its behavior based on big brain data.[3] The big brain data is the collection of large amounts of information for the purpose of deciphering patterns through computer analysis using machine learning.[4] The information that these technologies provide is extensive enough to allow a researcher to read a patient’s mind. AI and machine learning technologies work by finding the underlying structure of brain data, which is then described by patterns known as latent factors, eventually resulting in an understanding of the brain’s temporal dynamics.[5] Through these technologies, researchers are able to decipher how the human brain computes its performances and thoughts. However, due to the extensive and complex nature of the data processed through AI and machine learning, researchers may gain access to personal information a patient may not wish to reveal. From a bioethical lens, tensions arise in the realm of patient autonomy. Patients are not able to control the transmission of data from their brains that is analyzed by researchers. Governing brain data through laws may enhance the extent of patient privacy in the case where brain data is being used through AI technologies.[6] A responsible approach to governing brain data would require a sophisticated legal structure. Analysis Impact on Patient Autonomy and Privacy In research pertaining to big brain data, the consent forms do not fully cover the vast amounts of information that is collected. According to research, personal data has become the most sought out commodity to provide content to corporations and the web-based service industry. Unfortunately, data leaks that release private information frequently occur.[7] The storage of an individual’s data on technologies accessible on the internet during research studies makes it vulnerable to leaks, jeopardizing an individual’s privacy. These data leaks may cause the patient to be identified easily, as the degree of information provided by AI technologies are personalized and may be decoded through brain fingerprinting methods.[8] There has been an extensive growth in the development and use of AI. It is efficient in providing information to radiologists who diagnose various diseases including brain cancer and psychiatric disease, and AI assists in the delivery of telemedicine.[9] However, the ethical pitfall of reduced patient autonomy must be addressed by analyzing current AI technologies and creating more options for patient preference in how the data may be used. For instance, facial recognition technology[10] commonly used in health care produces more information than listed in common consent forms, threatening to undermine informed consent. Facial recognition software collects extensive data and may disclose more information than a person would prefer to provide despite being a useful tool for diagnosing medical and genetic conditions.[11] In addition, people may not be aware that their images are being used to generate more clinical data for other purposes. It is difficult to guarantee the data is anonymized. Consent requirements must include informing people about the complexity of the potential uses of the data; software developers should maximize patient privacy.[12] Furthermore, there is a “human element” in the use of AI technologies as medical providers control the use and the extent to which data is captured or accessed through the AI technologies.[13] People must understand the scope of the technology and have clear communication with the physician or health care provider about how the medical information will be used. Existing Laws for Brain Data Governance A strict system of defined legal responsibilities of medical providers will ensure a higher degree of patient privacy and autonomy when AI technologies and data from machine learning are used. Governing specific algorithmic data is crucial in safeguarding a patient’s privacy and developing a gold standard treatment protocol following the procurement of the information.[14] Certain AI technologies provide more data than others, and legal boundaries should be established to ensure strong performance, quality control, and scope for patient privacy and autonomy. For instance, currently AI technologies are being used in the realm of intensive neurological care. However, there is a significant level of patient uncertainty about how much control patients have over the data’s uses.[15] Calibrated legal and ethical standards will allow important brain data to be securely governed and monitored. Once brain signals are recorded and processed from one individual, the data may be merged with other data in Brain Computer Interface Technology (BCI).[16] To ensure a right and ability to retrieve personal data or pull it from the collection, specific regulations for varying types of data are needed.[17] The importance of consent and patient privacy must be considered through giving patients a transparent view of how brain data is governed.[18] The legal system must address discriminatory issues and risks to patients whose data is used in studies. Laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Protection Act (CCPA) can serve as effective models to protect aggregated data. These laws govern consumer information and ensure the compliance when personal data is collected.[19] California voters recently approved expansion of the CCPA to health data. The Washington Privacy Act, which would have provided rights to access, change, and withdraw personal data, failed to pass. Other states should improve privacy as well,[20] although a federal bill would be preferable. Scientists at the Heidelberg Academy of Sciences argue for data security to be governed in a manner that balances patient privacy and autonomy with the commercial interests of researchers.[21] The balance could be achieved through privacy protections like those in the Washington Privacy Act. Although the Health Insurance Portability and Accountability Act (HIPAA) provides an overall framework to deter the likelihood of dangers to patient protection and privacy, more thorough laws are warranted to combat pervasive data transfer and analysis that technology has brought to the health care industry.[22] Breaches of patient privacy under current HIPAA regulations include releasing patient information to a reporter without their consent and sending HIV data to a patient’s employer without consent.[23] HIPAA does not cover information being shared with outside contractors who do not have an agreement with technology companies to keep patient data confidential. HIPAA regulations also do not always address blatant breaches on patient data confidentiality.[24] Patients must be provided with methods to monitor the data being analyzed to be able to view the extent of private information being generated via AI technologies. In health research, the medical purposes of better diagnosis, earlier detection of diseases, or prevention are ethical justifications for the use of the data if it was collected with permission, the person understood and approved the uses of the data, and the data was deidentified. A standard governance framework is required in providing the fairest system of care to patients who allow their brain data to be examined. Informed consent in the neuroscience field could reaffirm the privacy and autonomy of patients by ensuring that they understand the type of information collected. Laws also could protect data after a patient’s death. Malpractice in the scope of brain data could give people a cause of action critical in safeguarding patient’s rights. Data breach lawsuits will become common but generally do not cover deidentified data that becomes part of big data collection. A more synchronized approach to the collection and consent process will encourage an understanding of how big data is used to diagnose and treat patients. Some altruistic people may even be more likely to consent if they know the largescale data collection is helpful to treat and diagnose people. Others should have the ability to opt out of sharing neurological data, especially when there is not certainty surrounding deidentification.[25] Conclusion Artificial intelligence and machine learning technologies have the potential to aid in the diagnosis and treatment of people globally by extracting and aggregating brain data specific to individuals. However, the secure use of the data is necessary to build trust between care providers and patients, as well as in balancing the bioethical principles of beneficence and patient autonomy. We must ensure the highest quality of care to patients, while protecting their privacy, informed consent, and clinical trust. More sophisticated tools for informed consent will be necessary to ensure that people understand how their data may be used. [1] Kellmeyer, P. (2018). Big Brain Data: On the Responsible Use of Brain Data from Clinical and Consumer-Directed Neurotechnological Devices. Neuroethics. https://doi.org/10.1007/s12152-018-9371-x [2] Ethical Dimensions of Using Artificial Intelligence in Health Care. (2019). AMA Journal of Ethics, 21(2). https://doi.org/10.1001/amajethics.2019.121 [3] Kellmeyer, P. (2018). Big Brain Data: On the Responsible Use of Brain Data from Clinical and Consumer-Directed Neurotechnological Devices. Neuroethics. https://doi.org/10.1007/s12152-018-9371-x [4] Kellmeyer, P. (2018). Big Brain Data: On the Responsible Use of Brain Data from Clinical and Consumer-Directed Neurotechnological Devices. Neuroethics. https://doi.org/10.1007/s12152-018-9371-x [5] Savage, N. (2019, July 24). How AI and neuroscience drive each other forwards. Nature News. https://www.nature.com/articles/d41586-019-02212-4. [6] Fothergill, B. T., Knight, W., Stahl, B. C., & Ulnicane, I. (2019). Responsible Data Governance of Neuroscience Big Data. Frontiers in Neuroinformatics, 13. https://doi.org/10.3389/fninf.2019.00028 [7] Kayaalp, M. (2018). Patient Privacy in the Era of Big Data. Balkan Medical Journal, 35(1), 8–17. https://doi.org/10.4274/balkanmedj.2017.0966 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5820452/ [8] Kellmeyer, P. (2018). Big Brain Data: On the Responsible Use of Brain Data from Clinical and Consumer-Directed Neurotechnological Devices. Neuroethics. https://doi.org/10.1007/s12152-018-9371-x [9] Ethical Dimensions of Using Artificial Intelligence in Health Care. (2019). AMA Journal of Ethics, 21(2). https://doi.org/10.1001/amajethics.2019.121 [10]Martinez-Martin, Nicole. “What Are Important Ethical Implications of Using Facial Recognition Technology in Health Care?” AMA Journal of Ethics 21, no. 2 (2019). https://doi.org/10.1001/amajethics.2019.180. [11] Kayaalp, M. (2018). Patient Privacy in the Era of Big Data. Balkan Medical Journal, 35(1), 8–17. https://doi.org/10.4274/balkanmedj.2017.0966 [12] Martinez-Martin, Nicole. “What Are Important Ethical Implications of Using Facial Recognition Technology in Health Care?” AMA Journal of Ethics 21, no. 2 (2019). https://doi.org/10.1001/amajethics.2019.180. [13] Kayaalp, M. (2018). Patient Privacy in the Era of Big Data. Balkan Medical Journal, 35(1), 8–17. https://doi.org/10.4274/balkanmedj.2017.0966 [14] Kayaalp, M. (2018). Patient Privacy in the Era of Big Data. Balkan Medical Journal, 35(1), 8–17. https://doi.org/10.4274/balkanmedj.2017.0966 [15] Kayaalp, M. (2018). Patient Privacy in the Era of Big Data. Balkan Medical Journal, 35(1), 8–17. https://doi.org/10.4274/balkanmedj.2017.0966 [16] Beets, R. (n.d.). Webinar Data Governance. International Neuroethics Society. https://www.neuroethicssociety.org/webinar-data-2021. [17] Price, W. Nicholson, 2nd, and I. Glen Cohen. Privacy in the Age of Medical Big Data. Nat Med. 2019;25(1):37-43. doi:10.1038/s41591-018-0272-7 [18] Price, W. Nicholson, 2nd, and I. Glen Cohen. Privacy in the Age of Medical Big Data. Nat Med. 2019;25(1):37-43. doi:10.1038/s41591-018-0272-7 [19] Price, W. Nicholson, 2nd, and I. Glen Cohen. Privacy in the Age of Medical Big Data. Nat Med. 2019;25(1):37-43. doi:10.1038/s41591-018-0272-7 [20] Grey, Stacey. “A New US Model for Privacy? Comparing the Washington Privacy Act to GDPR, CCPA, and More.” Future of Privacy Forum, https://fpf.org/blog/a-new-model-for-privacy-in-a-new-era-evaluating-the-washington-privacy-act/ [21] Beets, R. (n.d.). Webinar Data Governance. International Neuroethics Society. https://www.neuroethicssociety.org/webinar-data-2021. [22] Pasquale, Frank. “Protecting Health Privacy in an Era of Big Data Processing and Cloud Computing.” Stanford Technology Law Review 17, no. 2 (2014). https://ncvhs.hhs.gov/wp-content/uploads/2017/11/Pasquale-Ragone-Protecting-Health-Privacy-in-an-Era-of-Big-Data-508.pdf [23] Vanderpool D. HIPAA Compliance: A Common Sense Approach. Innov Clin Neurosci. 2019;16(1-2):38-41 [24] Vanderpool D. HIPAA Compliance: A Common Sense Approach. Innov Clin Neurosci. 2019;16(1-2):38-41 [25] Zimmerman, A. (2020). Marketing madness: The disingenuous use of free speech by big data and big pharma to the detriment of medical data privacy. Voices in Bioethics, 6. https://doi.org/10.7916/vib.v6i.5901

Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. ReferencesAustralian Broadcasting Authority. “Noel Pearson Discusses the Issues Faced by Indigenous Communities.” Lateline 26 June 2007. 22 Nov. 2010 ‹http://www.abc.net.au/lateline/content/2007/s1962844.htm>. Agamben, Giorgio. Homo Sacer. Stanford, California: Stanford University Press, 1998. Altman, Jon. “The ‘National Emergency’ and Land Rights Reform: Separating Fact from Fiction.” A Briefing Paper for Oxfam Australia, 2007. 1 Aug. 2010 ‹http://www.oxfam.org.au/resources/filestore/originals/OAus-EmergencyLandRights-0807.pdf>. Altman, Jon. “The Howard Government’s Northern Territory Intervention: Are Neo-Paternalism and Indigenous Development Compatible?” Centre for Aboriginal Economic Policy Research Topical Issue 16 (2007). 1 Aug. 2010 ‹http://caepr.anu.edu.au/system/files/Publications/topical/Altman_AIATSIS.pdf>. Brown, Bob. “Senator Bob Brown National Pre-Election Press Club Address.” 2010. 18 Aug. 2010 ‹http://greens.org.au/content/senator-bob-brown-pre-election-national-press-club-address>. Davis, Angela. The Angela Davis Reader. Ed. J. James, Oxford: Blackwell, 1998. Dodson, Patrick. “An Entire Culture Is at Stake.” Opinion. The Age, 14 July 2007: 4. Goldberg, David Theo. The Racial State. Massachusetts: Blackwell, 2002.———. The Threat of Race: Reflections on Neoliberalism. Massachusetts: Blackwell, 2008. Harris, Cheryl. “Whiteness as Property.” Harvard Law Review 106.8 (1993): 1709-1795. Keane, John. “Maralinga’s Afterlife.” Feature Article. The Age, 11 May 2003. 24 Nov. 2010 ‹http://www.theage.com.au/articles/2003/05/11/1052280486255.html>. Knox, Malcolm. “Nuclear Dawn.” The Monthly 56 (May 2010). Lambert, Anthony. “Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia.” M/C Journal 13.6 (2010). Langton, Marcia. “It’s Time to Stop Playing Politics with Vulnerable Lives.” Opinion. Sydney Morning Herald, 30 Nov. 2007: 2. McAllan, Fiona. “Customary Appropriations.” borderlands ejournal 6.3 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no3_2007/mcallan_appropriations.htm>. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” borderlands e-journal 3.2 (2004). 1 Aug. 2007 ‹http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm>. ———. “Whiteness, Epistemology and Indigenous Representation.” Whitening Race. Ed. Aileen Moreton-Robinson. Canberra: Aboriginal Studies Press, 75-89. Norberry, J., and J. Gardiner-Garden. Aboriginal Land Rights (Northern Territory) Amendment Bill 2006. Australian Parliamentary Library Bills Digest 158 (19 June 2006). Ong, Aihwa. Neoliberalism as Exception: Mutations in Citizenship and Sovereignty. Durham: Duke University Press, 2006. 75-97.Oxford English Dictionary. 3rd. ed. Oxford: Oxford UP, 2005. Rio Tinto. "Rio Tinto Aboriginal Policy and Programme Briefing Note." June 2007. 22 Nov. 2010 ‹http://www.aboriginalfund.riotinto.com/common/pdf/Aboriginal%20Policy%20and%20Programs%20-%20June%202007.pdf>. Roberts, David J., and Mielle Mahtami. “Neoliberalising Race, Racing Neoliberalism: Placing 'Race' in Neoliberal Discourses.” Antipode 42.2 (2010): 248-257. Stringer, Rebecca. “A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention.” borderlands ejournal 6.2 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm>.Stokes, Dianne. "Muckaty." n.d. 1 Aug. 2010 ‹http://www.timbonham.com/slideshows/Muckaty/>. Terrill, Leon. “Indigenous Land Reform: What Is the Real Aim of Land Reform?” Edited version of a presentation provided at the 2010 National Native Title Conference, 2010. Watson, Irene. “Sovereign Spaces, Caring for Country and the Homeless Position of Aboriginal Peoples.” South Atlantic Quarterly 108.1 (2009): 27-51. Watson, Nicole. “Howard’s End: The Real Agenda behind the Proposed Review of Indigenous Land Titles.” Australian Indigenous Law Reporter 9.4 (2005). ‹http://www.austlii.edu.au/au/journals/AILR/2005/64.html>.Wild, R., and P. Anderson. Ampe Akelyernemane Meke Mekarie: The Little Children Are Sacred. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Northern Territory: Northern Territory Government, 2007.

We take as our subject what many would deem a waste of good celluloid: the degraded cultural form of the stoner film. Stoner films plot the experiences of the wasted (those intoxicated on marijuana) as they exhibit wastefulness—excessiveness, improvidence, decay—on a number of fronts. Stoners waste time in constantly hunting for pot and in failing to pursue more productive activity whilst wasted. Stoners waste their minds, both literally, if we believe contested studies that indicate marijuana smoking kills brains cells, and figuratively, in rendering themselves cognitively impaired. Stoners waste their bodies through the dangerous practice of smoking and through the tendency toward physical inertia. Stoners waste money on marijuana firstly, but also on such sophomoric accoutrements as the stoner film itself. Stoners lay waste to convention in excessively seeking pleasure and in dressing and acting outrageously. And stoners, if the scatological humour of so many stoner films is any index, are preoccupied with bodily waste. Stoners, we argue here, waste whiteness as well. As the likes of Jesse and Chester (Dude, Where’s My Car?), Wayne and Garth (Wayne’s World), Bill and Ted (Bill and Ted’s Excellent Adventure) and Jay and Silent Bob (Jay and Silent Bob Strike Back) make clear, whiteness looms large in stoner films. Yet the genre, we argue, disavows its own whiteness, in favour of a post-white hybridity that lavishly squanders white privilege. For all its focus on whiteness, filmic wastedness has always been an ethnically diverse and ambiguous category. The genre’s origins in the work of Cheech Marin, a Chicano, and Tommy Chong, a Chinese-European Canadian, have been buttressed in this regard by many African American contributions to the stoner oeuvre, including How High, Half Baked and Friday, as well as by Harold and Kumar Go to White Castle, and its Korean-American and Indian-American protagonists. Cheech and Chong initiated the genre with the release of Up in Smoke in 1978. A host of films have followed featuring protagonists who spend much of their time smoking and seeking marijuana (or—in the case of stoner films such as Dude, Where’s My Car? released during the height of the War on Drugs—acting stoned without ever being seen to get stoned). Inspired in part by the 1938 anti-marijuana film Reefer Madness, and the unintended humour such propaganda films begat amongst marijuana smokers, stoner films are comedies that satirise both marijuana culture and its prohibition. Self-consciously slapstick, the stoner genre excludes more serious films about drugs, from Easy Rider to Shaft, as well as films such as The Wizard of Oz, Yellow Submarine, the Muppet movies, and others popular amongst marijuana smokers because of surreal content. Likewise, a host of films that include secondary stoner characters, such as Jeff Spicoli in Fast Times at Ridgemont High and Wooderson in Dazed and Confused, are commonly excluded from the genre on the grounds that the stoner film, first and foremost, celebrates stonerism, that is “serious commitment to smoking and acquiring marijuana as a lifestyle choice.” (Meltzer). Often taking the form of the “buddy film,” stoner flicks generally feature male leads and frequently exhibit a decidedly masculinist orientation, with women, for the most part reduced to little more than the object of the white male gaze.The plot, such as it is, of the typical stoner film concerns the search for marijuana (or an accessory, such as junk food) and the improbable misadventures that ensue. While frequently represented as resourceful and energetic in their quest for marijuana, filmic stoners otherwise exhibit ambivalent attitudes toward enterprise that involves significant effort. Typically represented as happy and peaceable, filmic stoners rarely engage in conflict beyond regular clashes with authority figures determined to enforce anti-drug laws, and other measures that stoners take to be infringements upon happiness. While Hollywood’s stoners thus share a sense of entitlement to pleasure, they do not otherwise exhibit a coherent ideological orthodoxy beyond a certain libertarian and relativistic open-mindedness. More likely to take inspiration from comic book heroes than Aldous Huxley or Timothy Leary, stoners are most often portrayed as ‘dazed and confused,’ and could be said to waste the intellectual tradition of mind expansion that Leary represents. That stoner films are, at times, misunderstood to be quintessentially white is hardly suprising. As a social construct that creates, maintains and legitimates white domination, whiteness manifests, as one of its most defining features, an ability to swallow up difference and to insist upon, at critical junctures, a universal subjectivity that disallows for difference (hooks 167). Such universalising not only sanctions co-optation of ethnic cultural expression, it also functions to mask whiteness’s existence, thus reinforcing its very power. Whiteness, as Richard Dyer argues, is simultaneously everywhere and nowhere. It obfuscates itself and its relationship to the particular traits it is said to embody—disinterest, prudence, temperance, rationality, bodily restraint, industriousness (3). Whiteness is thus constructed as neither an ethnic nor racial particularity, but rather the transcendence of such positionality (Wiegman 139). While non-whites are raced, to be white is to be “just human” and thus to possess the power to “claim to speak for the commonality of humanity” whilst denying the accrual of any particular racial privilege (Dyer 2). In refuting its own advantages—which are so wide ranging (from preferential treatment in housing loans, to the freedom to fail without fear of reflecting badly on other whites) that they are, like whiteness itself, both assumed and unproblematic—whiteness instantiates individualism, allowing whites to believe that their successes are in no way the outcome of systematic racial advantage, but rather the product of individual toil (McIntosh; Lipsitz). An examination of the 1978 stoner film Up in Smoke suggests that whatever the ethnic ambiguity of the figure of the stoner, the genre of the stoner film is all about the wasting of whiteness. Up in Smoke opens with two alternating domestic scenes. We first encounter Pedro De Pacas (Cheech Marin) in a cluttered and shadowy room as his siblings romp affectionately upon his back, waking him from his slumber on the couch. Pedro rises, stepping into a bowl of cereal on the floor. He stumbles to the bathroom, where, sleepy and disoriented, he urinates into the laundry hamper. The chaos of Pedro’s disrupted sleep is followed in the film by a more metaphoric awakening as Anthony Stoner (Tommy Chong) determines to leave home. The scene takes place in a far more orderly, light and lavish room. The space’s overpowering whiteness is breached only by the figure of Anthony and his unruly black hair, bushy black beard, and loud Hawaiian shirt, which vibrates with colour against the white walls, white furnishings and white curtains. We watch as Anthony, behind an elaborate bar, prepares a banana protein shake, impassively ignoring his parents, both clothed in all-white, as they clutch martini glasses and berate their son for his lack of ambition. Arnold Stoner [father]: Son, your mother and me would like for you to cozy up to the Finkelstein boy. He's a bright kid, and, uh... he's going to military school, and remember, he was an Eagle Scout. Tempest Stoner [mother]: Arnold…Arnold Stoner: [shouts over/to his wife] Will you shut up? We’re not going to have a family brawl!Tempest Stoner: [continues talking as her husband shouts]…. Retard.Arnold Stoner: [to Anthony] We've put up with a hell of a lot.[Anthony starts blender] Can this wait? ... Build your goddamn muscles, huh? You know, you could build your muscles picking strawberries.You know, bend and scoop... like the Mexicans. Shit, maybe I could get you a job with United Fruit. I got a buddy with United Fruit. ... Get you started. Start with strawberries, you might work your way up to these goddamn bananas! When, boy? When...are you going to get your act together?Anthony: [Burps]Tempest Stoner: Gross.Arnold Stoner: Oh, good God Almighty me. I think he's the Antichrist. Anthony, I want to talk to you. [Anthony gathers his smoothie supplements and begins to walk out of the room.] Now, listen! Don't walk away from me when I'm talking to you! You get a goddamn job before sundown, or we're shipping you off to military school with that goddamn Finkelstein shit kid! Son of a bitch!The whiteness of Anthony’s parents is signified so pervasively and so strikingly in this scene—in their improbable white outfits and in the room’s insufferably white décor—that we come to understand it as causative. The rage and racism of Mr. Stoner’s tirade, the scene suggests, is a product of whiteness itself. Given that whiteness achieves and maintains its domination via both ubiquity and invisibility, what Up in Smoke accomplishes in this scene is notable. Arnold Stoner’s tortured syntax (“that goddamn Finkelstein shit kid”) works to “mak[e] whiteness strange” (Dyer 4), while the scene’s exaggerated staging delineates whiteness as “a particular – even peculiar – identity, rather than a presumed norm” (Roediger, Colored White 21). The belligerence of the senior Stoners toward not only their son and each other, but the world at large, in turn, functions to render whiteness intrinsically ruthless and destructive. Anthony’s parents, in all their whiteness, enact David Roediger’s assertion that “it is not merely that ‘Whiteness’s is oppressive and false; it is that ‘Whiteness’s is nothing but oppressive and false” (Toward the Abolition 13).Anthony speaks not a word during the scene. He communicates only by belching and giving his parents the finger as he leaves the room and the home. This departure is significant in that it marks the moment when Anthony, hereafter known only as “Man,” flees the world of whiteness. He winds up taking refuge in the multi-hued world of stonerism, as embodied in the scene that follows, which features Pedro emerging from his home to interact with his Chicano neighbours and to lovingly inspect his car. As a lowrider, a customised vehicle that “begin[s] with the abandoned materials of one tradition (that of mainstream America), … [and is] … then transformed and recycled . . . into new and fresh objects of art which are distinctly Chicano,” Pedro’s car serves as a symbol of the cultural hybridisation that Man is about to undergo (quoted in Ondine 141).As Man’s muteness in the presence of his parents suggests, his racial status seems tentative from the start. Within the world of whiteness, Man is the subaltern, silenced and denigrated, finding voice only after he befriends Pedro. Even as the film identifies Man as white through his parental lineage, it renders indeterminate its own assertion, destabilising any such fixed or naturalised schema of identity. When Man is first introduced to Pedro’s band as their newest member, James, the band’s African American bass player, looks at Man, dressed in the uniform of the band, and asks: “Hey Pedro, where’s the white dude you said was playing the drums?” Clearly, from James’s point of view, the room contains no white dudes, just stoners. Man’s presumed whiteness becomes one of the film’s countless gags, the provocative ambiguity of the casting of a Chinese-European to play a white part underscored in the film by the equally implausible matter of age. Man, according to the film’s narrative, is a high school student; Chong was forty when the film was released. Like his age, Man’s whiteness is never a good fit. That Man ultimately winds up sleeping on the very couch upon which we first encounter Pedro suggests how radical and final the break with his dubious white past is. The “Mexicans” whom his father would mock as fit only for abject labour are amongst those whom Man comes to consider his closest companions. In departing his parents’ white world, and embracing Pedro’s dilapidated, barrio-based world of wastedness, Man traces the geographies narrated by George Lipsitz in The Possessive Investment in Whiteness. Historically, Lipsitz argues, the development of affluent white space (the suburbs) was made possible by the disintegration of African American, Chicano and other minority neighbourhoods disadvantaged by federal, state, and corporate housing, employment, health care, urban renewal, and education policies that favoured whites over non-whites. In this sense, Man’s flight from his parents’ home is a retreat from whiteness itself, and from the advantages that whiteness conveys. In choosing the ramshackle, non-white world of stonerism, Man performs an act of racial treachery. Whiteness, Lipsitz contends, has “cash value,” and “is invested in, like property, but it is also a means of accumulating property and keeping it from others,” which allows for “intergenerational transfers of inherited wealth that pass on the spoils of discrimination to succeeding generations” (vii-viii). Man’s disavowal of the privileges of whiteness is a reckless refusal to accept this racial birthright. Whiteness is thus wasted upon Man because Man wastes his whiteness. Given the centrality of prudence and restraint to hegemonic constructions of whiteness, Man’s willingness to squander the “valuable asset” that is his white inheritance is especially treasonous (Harris 1713). Man is the prodigal son of whiteness, a profligate who pours down the drain “the wages of whiteness” that his forbearers have spent generations accruing and protecting (Roediger, The Wages of Whiteness). His waste not only offends the core values which whiteness is said to comprise, it also denigrates whiteness itself by illuminating the excess of white privilege, as well as the unarticulated excess of meanings that hover around whiteness to create the illusion of transcendence and infinite variety. Man’s performance, like all bad performances of whiteness, “disrupt[s] implicit understandings of what it means to be white” (Hartigan 46). The spectre of seeing white domination go ‘up in smoke’—via wasting, as opposed to hoarding, white privilege—amounts to racial treason, and helps not only to explicate why whites in the film find stonerism so menacing, but also to explain the paradox of “pot [making] the people who don’t smoke it even more paranoid than the people who do” (Patterson). While Tommy Chong’s droll assertion that "what makes us so dangerous is that we're harmless" ridicules such paranoia, it ultimately fails to account for the politics of subversive squandering of white privilege that characterise the stoner film (“Biographies”). Stoners in Up in Smoke, as in most other stoner films, are marked as non-white, through association with ethnic Others, through their rejection of mainstream ideas about work and achievement, and/or through their lack of bodily restraint in relentlessly seeking pleasure, in dressing outrageously, and in refusing to abide conventional grooming habits. Significantly, the non-white status of the stoner is both voluntary and deliberate. While stonerism embraces its own non-whiteness, its Otherness is not signified, primarily, through racial cross-dressing of the sort Eric Lott detects in Elvis, but rather through race-mixing. Stoner collectivity practices an inclusivity that defies America’s historic practice of racial and ethnic segregation (Lott 248). Stonerism further reveals its unwillingness to abide constrictive American whiteness in a scene in which Pedro and Man, both US-born Americans, are deported. The pair are rounded up along with Pedro’s extended family in a raid initiated when Pedro’s cousin “narcs” on himself to la migra (the Immigration and Naturalization Service) in order to get free transport for his extended family to his wedding in Tijuana. Pedro and Man return to the US as unwitting tricksters, bringing back to the US more marijuana than has ever crossed the Mexican-US border at one time, fusing the relationship between transnationalism and wastedness. The disrespect that stoners exhibit for pregnable US borders contests presumed Chicano powerlessness in the face of white force and further affronts whiteness, which historically has mobilised itself most virulently at the threat of alien incursion. Transgression here is wilful and playful; stoners intend to offend normative values and taste through their actions, their dress, and non-white associations as part of the project of forging a new hybridised, transnational subjectivity that threatens to lay waste to whiteness’s purity and privilege. Stoners invite the scrutiny of white authority with their outrageous attire and ethnically diverse composition, turning the “inevitability of surveillance” (Borrie 87) into an opportunity to enact their own wastedness—their wasted privilege, their wasted youth, their wasted potential—before a gaze that is ultimately confounded and threatened by the chaotic hybridity with which it is faced (Hebdige 26). By perpetually displaying his/her wasted Otherness, the stoner makes of him/herself a “freak,” a label cops use derisively throughout Up in Smoke to denote the wasted without realising that stoners define themselves in precisely such terms, and, by doing so, obstruct whiteness’s assertion of universal subjectivity. Pedro’s cousin Strawberry (Tom Skerritt), a pot dealer, enacts freakishness by exhibiting a large facial birthmark and by suffering from Vietnam-induced Post Traumatic Stress disorder. A freak in every sense of the word, Strawberry is denied white status by virtue of physical and mental defect. But Strawberry, as a stoner, ultimately wants whiteness even less than it wants him. The defects that deny him membership in the exclusive “club” that is whiteness prove less significant than the choice he makes to defect from the ranks of whiteness and join with Man in the decision to waste his whiteness wantonly (“Editorial”). Stoner masculinity is represented as similarly freakish and defective. While white authority forcefully frustrates the attempts of Pedro and Man to “score” marijuana, the duo’s efforts to “score” sexually are thwarted by their own in/action. More often than not, wastedness produces impotence in Up in Smoke, either literally or figuratively, wherein the confusion and misadventures that attend pot-smoking interrupt foreplay. The film’s only ostensible sex scene is unconsummated, a wasted opportunity for whiteness to reproduce itself when Man sleeps through his girlfriend’s frenzied discussion of sex. During the course of Up in Smoke, Man dresses as a woman while hitchhiking, Pedro mistakes Man for a woman, Man sits on Pedro’s lap when they scramble to change seats whilst being pulled over by the police, Man suggests that Pedro has a “small dick,” Pedro reports liking “manly breasts,” and Pedro—unable to urinate in the presence of Sgt. Stedenko—tells his penis that if it does not perform, he will “put [it] back in the closet.” Such attenuations of the lead characters’ masculinity climax in the penultimate scene, in which Pedro, backed by his band, performs “Earache My Eye,” a song he has just composed backstage, whilst adorned in pink tutu, garter belt, tassle pasties, sequined opera mask and Mickey Mouse ears: My momma talkin’ to me tryin’ to tell me how to liveBut I don't listen to her cause my head is like a sieveMy daddy he disowned me cause I wear my sister's clothesHe caught me in the bathroom with a pair of pantyhoseMy basketball coach he done kicked me off the teamFor wearing high heeled sneakers and acting like a queen“Earache My Eye” corroborates the Othered natured of stonerism by marking stoners, already designated as non-white, as non-straight. In a classic iteration of a bad gender performance, the scene rejects both whiteness and its hegemonic partners-in-crime, heterosexuality and normative masculinity (Butler 26). Here stoners waste not only their whiteness, but also their white masculinity. Whiteness, and its dependence upon “intersection … [with] interlocking axes [of power such as] gender … [and] sexuality,” is “outed” in this scene (Shome 368). So, too, is it enfeebled. In rendering masculinity freakish and defective, the film threatens whiteness at its core. For if whiteness can not depend upon normative masculinity for its reproduction, then, like Man’s racial birthright, it is wasted. The stoner’s embodiment of freakishness further works to emphasise wasted whiteness by exposing just how hysterical whiteness’s defense of its own normativity can be. Up in Smoke frequently inflates not only the effects of marijuana, but also the eccentricities of those who smoke it, a strategy which means that much of the film’s humour turns on satirising hegemonic stereotypes of marijuana smokers. Equally, Cheech Marin’s exaggerated “slapstick, one-dimensional [portrayal] of [a] Chicano character” works to render ridiculous the very stereotypes his character incarnates (List 183). While the film deconstructs processes of social construction, it also makes extensive use of counter-stereotyping in its depictions of characters marked as white. The result is that whiteness’s “illusion of [its] own infinite variety” is contested and the lie of whiteness as non-raced is exposed, helping to explain the stoner’s decision to waste his/her whiteness (Dyer 12; 2). In Up in Smoke whiteness is the colour of straightness. Straights, who are willing neither to smoke pot nor to tolerate the smoking of pot by others/Others, are so comprehensively marked as white in the film that whiteness and straightness become isomorphic. As a result, the same stereotypes are mobilised in representing whiteness and straightness: incompetence, belligerence, hypocrisy, meanspiritedness, and paranoia, qualities that are all the more oppressive because virtually all whites/straights in the film occupy positions of authority. Anthony’s spectacularly white parents, as we have seen, are bigoted and dominating. Their whiteness is further impugned by alcohol, which fuels Mr. Stoner’s fury and Mrs. Stoner’s unintelligibility. That the senior Stoners are drunk before noon works, of course, to expose the hypocrisy of those who would indict marijuana use while ignoring the social damage alcohol can produce. Their inebriation (revealed as chronic in the DVD’s outtake scenes) takes on further significance when it is configured as a decidedly white attribute. Throughout the film, only characters marked as white consume alcohol—most notably, the judge who is discovered to be drinking vodka whist adjudicating drug charges against Pedro and Man—therefore dislodging whiteness’s self-construction as temperate, and suggesting just how wasted whiteness is. While stonerism is represented as pacific, drunkenness is of a piece with white/straight bellicosity. In Up in Smoke, whites/straights crave confrontation and discord, especially the angry, uptight, and vainglorious narcotics cop Sgt. Stedenko (Stacey Keech) who inhabits so many of the film’s counter-stereotypes. While a trio of white cops roughly apprehend and search a carload of innocent nuns in a manner that Man describes as “cold blooded,” Stedenko, unawares in the foreground, gives an interview about his plans for what he hopes will be the biggest border drug bust in US history: “[Reporter:] Do you expect to see any violence here today? [Sgt. Stedenko:] I certainly hope so.” Stedenko’s desire to act violently against stoners echoes mythologies of white regeneration in the Old West, wherein whiteness refurbished itself through violent attacks on Native Americans, whose wasteful cultures failed to make “civilised” use of western lands (Slotkin 565).White aggression is relentlessly depicted in the film, with one important exception: the instance of the stoned straight. Perhaps no other trope is as defining of the genre, as is the scene wherein a straight person accidentally becomes stoned. Up in Smoke offers several examples, most notably the scene in which a motorcycle cop pulls over Pedro and Man as they drive a van belonging to Pedro’s Uncle Chuey. In a plot twist requiring a degree of willing suspension of disbelief that even wasted audiences might find a stretch, the exterior shell of the van, unbeknownst to Pedro and Man, is made entirely of marijuana which has started to smoulder around the exhaust pipe. The cop, who becomes intoxicated whilst walking through the fumes, does not hassle Pedro and Man, as expected, but instead asks for a bite of their hot dog and then departs happily, instructing the duo to “have a nice day.” In declining, or perhaps simply forgetting, to exercise his authority, the cop demonstrates the regenerative potential not of violent whiteness but rather of hybrid wastedness. Marijuana here is transformative, morphing straight consciousness into stoner consciousness and, in the process, discharging all the uptight, mean-spirited, unnecessary, and hence wasteful baggage of whiteness along the way. While such a utopian potential for pot is both upheld and satirised in the film, the scene amounts to far more than an inconsequential generic gag, in that it argues for the disavowal of whiteness via the assumption of the voluntary Otherness that is stonerism. Whiteness, the scene suggests, can be cast off, discarded, wasted and thus surmounted. Whites, for want of a better phrase, simply need to ‘just say no’ to whiteness in order to excrete the brutality that is its necessary affliction and inevitable result. While Up in Smoke laudably offers a powerful refusal to horde the assets of whiteness, the film fails to acknowledge that ‘just saying no’ is, indeed, one of whiteness’s exclusive privileges, since whites and only whites possess the liberty to refuse the advantages whiteness bestows. Non-whites possess no analogical ability to jettison the social constructions to which they are subjected, to refuse the power of dominant classes to define their subjectivity. Neither does the film confront the fact that Man nor any other of Up in Smoke’s white freaks are disallowed from re-embracing their whiteness, and its attendant value, at any time. However inchoate the film’s challenge to racial privilege, Up in Smoke’s celebration of the subversive pleasures of wasting whiteness offers a tentative, if bleary, first step toward ‘the abolition of whiteness.’ Its utopian vision of a post-white hybridised subjectivity, however dazed and confused, is worthy of far more serious contemplation than the film, taken at face value, might seem to suggest. Perhaps Up in Smoke is a stoner film that should also be viewed while sober. ReferencesBill and Ted’s Excellent Adventure. Dir. Stephen Herek. Orion Pictures Corporation, 1989.“Biographies”. 10 June 2010 ‹http://www.cheechandchongfans.com/biography.html›. Borrie, Lee. "Wild Ones: Containment Culture and 1950s Youth Rebellion”. Diss. University of Canterbury, 2007.Butler, Judith. "Critically Queer”. GLQ: A Journal of Lesbian and Gay Studies 1.1 (1993): 17-32.Chavoya, C. Ondine. “Customized Hybrids: The Art of Ruben Ortiz Torres and Lowriding in Southern California”. CR: The New Centennial Review 4.2 (2004): 141-84.Clerks. Dir. Kevin Smith. Miramax Films, 1994. Dazed and Confused. Dir. Richard Linklater. Cineplex Odeon Films, 1993. Dude, Where’s My Car? Dir. Danny Leiner. Twentieth Century Fox, 2000.Dyer, Richard. White: Essays on Race and Culture. London: Routledge, 1997.“Editorial: Abolish the White Race—By Any Means Necessary”. Race Traitor 1 (1993). 9 June 2010 ‹http://racetraitor.org/abolish.html›.Fast Times at Ridgemont High. Dir. Amy Heckerling. Universal Pictures, 1982.Friday. Dir. F. Gary Gray. New Line Cinema, 1995.Half Baked. Dir. Tamra Davis. Universal Pictures, 1998.Harold and Kumar Go to White Castle. Dir. Danny Leiner. New Line Cinema, 2004.Harris, Cheryl. “Whiteness as Property”. Harvard Law Review 106 (1993): 1707-1791. Hartigan, John Jr. “Objectifying ‘Poor Whites and ‘White Trash’ in Detroit”. White Trash: Race and Class in America. Eds. Matt Wray, and Annalee Newitz. NY: Routledge, 1997. 41-56.Hebdige, Dick. Subculture: The Meaning of Style. London: Methuen, 1979.hooks, bell. Black Looks: Race and Representation. Boston: South End Press, 1992.How High. Dir. Jesse Dylan. Universal Pictures, 2001.Lipsitz, George. The Possessive Investment in Whiteness: How White People Profit fromIdentity Politics. Philadelphia: Temple UP, 2006. List, Christine. "Self-Directed Stereotyping in the Films of Cheech Marin”. Chicanos and Film: Representation and Resistance. Ed. Chon A. Noriega. Minneapolis: U of Minnesota P, 1992. 183-94.Lott, Eric. “Racial Cross-Dressing and the Construction of American Whiteness”. The Cultural Studies Reader. 2nd ed. Ed. Simon During. London: Routledge, 1999. 241-55.McIntosh, Peggy. “White Privilege: Unpacking the Invisible Knapsack”. 10 June 2010 ‹http://www.case.edu/president/aaction/UnpackingTheKnapsack.pdf›.Meltzer, Marisa. “Leisure and Innocence: The Eternal Appeal of the Stoner Movie”. Slate 26 June 2007. 10 Aug. 2010 ‹http://www.slate.com/id/2168931›.Toni Morrison. Playing in the Dark: Whiteness and the Literary Imagination. Cambridge: Harvard UP, 1992.Patterson, John. “High and Mighty”. The Guardian 7 June 2008. 10 June 2010 ‹http://www.guardian.co.uk/culture/2008/jun/07/2›.Roediger, David. Colored White: Transcending the Racial Past. Berkeley: U of California P, 2002.Roediger, David. The Wages of Whiteness: Race and the Making of the American Working Class. Rev. ed. London: Verso Books, 1999.———. Towards the Abolition of Whiteness: Essays on Race, Class and Politics. London: Verso Books, 1994.Shome, Raka. “Outing Whiteness”. Critical Studies in Media Communication 17.3 (2000): 366-71.Slotkin, Richard. Regeneration through Violence: The Mythology of the American Frontier. Norman: U of Oklahoma P, 1973.Up in Smoke. Dir. Lou Adler. Paramount Pictures, 1978.Wayne’s World. Dir. Penelope Spheeris. Paramount Pictures, 1992.Wiegman, Robyn. “Whiteness Studies and the Paradox of Particularity”. boundary 2 26.3 (1999): 115-50.

For the past twenty years, academics and other social commentators have, by and large, shared the view that the phase of modernity through which we are currently passing is defined by two interrelated catalysts of change: the physical movement of people and the virtual movement of information around the globe. As we enter the second decade of the new millennium, it is certainly a timely moment to reflect upon the ways in which the prognoses of the scholars and scientists writing in the late twentieth century have come to pass, especially since—during the time this special issue has been in press—the revolutions that are gathering pace in the Arab world appear to be realising the theoretical prediction that the ever-increasing “flows” of people and information would ultimately bring about the end of the nation-state and herald an era of transnationalism (Appadurai, Urry). For writers like Arjun Appadurai, moreover, the concept of diaspora was key to grasping how this new world order would take shape, and how it would operate: Diasporic public spheres, diverse amongst themselves, are the crucibles of a postnational political order. The engines of their discourse are mass media (both interactive and expressive) and the movement of refugees, activists, students, laborers. It may be that the emergent postnational order proves not to be a system of homogeneous units (as with the current system of nation-states) but a system based on relations between heterogeneous units (some social movements, some interest groups, some professional bodies, some non-governmental organizations, some armed constabularies, some judicial bodies) ... In the short run, as we can see already, it is likely to be a world of increased incivility and violence. In the longer run, free from the constraints of the nation form, we may find that cultural freedom and sustainable justice in the world do not presuppose the uniform and general existence of the nation-state. This unsettling possibility could be the most exciting dividend of living in modernity at large. (23) In this editorial, we would like to return to the “here and now” of the late 1990s in which theorists like Arjun Appaduri, Ulrich Beck, John Urry, Zygmunt Bauman, Robert Robertson and others were “imagining” the consequences of both globalisation and glocalisation for the twenty-first century in order that we may better assess what is, indeed, coming to pass. While most of their prognoses for this “second modernity” have proven remarkably accurate, it is their—self-confessed—inability to forecast either the nature or the extent of the digital revolution that most vividly captures the distance between the mid-1990s and now; and it is precisely the consequences of this extraordinary technological revolution on the twin concepts of “glocality” and “diaspora” that the research featured in this special issue seeks to capture. Glocal Imaginaries Appadurai’s endeavours to show how globalisation was rapidly making itself felt as a “structure of feeling” (Williams in Appadurai 189) as well as a material “fact” was also implicit in our conceptualisation of the conference, “Glocal Imaginaries: Writing/Migration/Place,” which gave rise to this special issue. This conference, which was the culmination of the AHRC-funded project “Moving Manchester: Literature/Migration/Place (2006-10)”, constituted a unique opportunity to gain an international, cross-disciplinary perspective on urgent and topical debates concerning mobility and migration in the early twenty-first century and the strand “Networked Diasporas” was one of the best represented on the program. Attracting papers on broadcast media as well as the new digital technologies, the strand was strikingly international in terms of the speakers’ countries of origin, as is this special issue which brings together research from six European countries, Australia and the Indian subcontinent. The “case-studies” represented in these articles may therefore be seen to constitute something of a “state-of-the-art” snapshot of how Appadurai’s “glocal imaginary” is being lived out across the globe in the early years of the twenty-first century. In this respect, the collection proves that his hunch with regards to the signal importance of the “mass-media” in redefining our spatial and temporal coordinates of being and belonging was correct: The third and final factor to be addressed here is the role of the mass-media, especially in its electronic forms, in creating new sorts of disjuncture between spatial and virtual neighborhoods. This disjuncture has both utopian and dystopian potentials, and there is no easy way to tell how these may play themselves out in the future of the production of locality. (194) The articles collected here certainly do serve as testament to the “bewildering plethora of changes in ... media environments” (195) that Appadurai envisaged, and yet it can clearly also be argued that this agent of glocalisation has not yet brought about the demise of the nation-state in the way (or at the speed) that many commentators predicted. Digital Diasporas in a Transnational World Reviewing the work of the leading social science theorists working in the field during the late 1990s, it quickly becomes evident that: (a) the belief that globalisation presented a threat to the nation-state was widely held; and (b) that the “jury” was undecided as to whether this would prove a good or bad thing in the years to come. While the commentators concerned did their best to complexify both their analysis of the present and their view of the future, it is interesting to observe, in retrospect, how the rhetoric of both utopia and dystopia invaded their discourse in almost equal measure. We have already seen how Appadurai, in his 1996 publication, Modernity at Large, looks beyond the “increased incivility and violence” of the “short term” to a world “free from the constraints of the nation form,” while Roger Bromley, following Agamben and Deleuze as well as Appadurai, typifies a generation of literary and cultural critics who have paid tribute to the way in which the arts (and, in particular, storytelling) have enabled subjects to break free from their national (af)filiations (Pearce, Devolving 17) and discover new “de-territorialised” (Deleuze and Guattari) modes of being and belonging. Alongside this “hope,” however, the forces and agents of globalisation were also regarded with a good deal of suspicion and fear, as is evidenced in Ulrich Beck’s What is Globalization? In his overview of the theorists who were then perceived to be leading the debate, Beck draws distinctions between what was perceived to be the “engine” of globalisation (31), but is clearly most exercised by the manner in which the transformation has taken shape: Without a revolution, without even any change in laws or constitutions, an attack has been launched “in the normal course of business”, as it were, upon the material lifelines of modern national societies. First, the transnational corporations are to export jobs to parts of the world where labour costs and workplace obligations are lowest. Second, the computer-generation of worldwide proximity enables them to break down and disperse goods and services, and produce them through a division of labour in different parts of the world, so that national and corporate labels inevitably become illusory. (3; italics in the original) Beck’s concern is clearly that all these changes have taken place without the nation-states of the world being directly involved in any way: transnational corporations began to take advantage of the new “mobility” available to them without having to secure the agreement of any government (“Companies can produce in one country, pay taxes in another and demand state infrastructural spending in yet another”; 4-5); the export of the labour market through the use of digital communications (stereotypically, call centres in India) was similarly unregulated; and the world economy, as a consequence, was in the process of becoming detached from the processes of either production or consumption (“capitalism without labour”; 5-7). Vis-à-vis the dystopian endgame of this effective “bypassing” of the nation-state, Beck is especially troubled about the fate of the human rights legislation that nation-states around the world have developed, with immense effort and over time (e.g. employment law, trade unions, universal welfare provision) and cites Zygmunt Bauman’s caution that globalisation will, at worst, result in widespread “global wealth” and “local poverty” (31). Further, he ends his book with a fully apocalyptic vision, “the Brazilianization of Europe” (161-3), which unapologetically calls upon the conventions of science fiction to imagine a worst-case scenario for a Europe without nations. While fourteen or fifteen years is evidently not enough time to put Beck’s prognosis to the test, most readers would probably agree that we are still some way away from such a Europe. Although the material wealth and presence of the transnational corporations strikes a chord, especially if we include the world banks and finance organisations in their number, the financial crisis that has rocked the world for the past three years, along with the wars in Iraq and Afghanistan, and the ascendancy of Al-Qaida (all things yet to happen when Beck was writing in 1997), has arguably resulted in the nations of Europe reinforcing their (respective and collective) legal, fiscal, and political might through rigorous new policing of their physical borders and regulation of their citizens through “austerity measures” of an order not seen since World War Two. In other words, while the processes of globalisation have clearly been instrumental in creating the financial crisis that Europe is presently grappling with and does, indeed, expose the extent to which the world economy now operates outside the control of the nation-state, the nation-state still exists very palpably for all its citizens (whether permanent or migrant) as an agent of control, welfare, and social justice. This may, indeed, cause us to conclude that Bauman’s vision of a world in which globalisation would make itself felt very differently for some groups than others came closest to what is taking shape: true, the transnationals have seized significant political and economic power from the nation-state, but this has not meant the end of the nation-state; rather, the change is being experienced as a re-trenching of whatever power the nation-state still has (and this, of course, is considerable) over its citizens in their “local”, everyday lives (Bauman 55). If we now turn to the portrait of Europe painted by the articles that constitute this special issue, we see further evidence of transglobal processes and practices operating in a realm oblivious to local (including national) concerns. While our authors are generally more concerned with the flows of information and “identity” than business or finance (Appaduri’s “ethnoscapes,” “technoscapes,” and “ideoscapes”: 33-7), there is the same impression that this “circulation” (Latour) is effectively bypassing the state at one level (the virtual), whilst remaining very materially bound by it at another. In other words, and following Bauman, we would suggest that it is quite possible for contemporary subjects to be both the agents and subjects of globalisation: a paradox that, as we shall go on to demonstrate, is given particularly vivid expression in the case of diasporic and/or migrant peoples who may be able to bypass the state in the manufacture of their “virtual” identities/communities) but who (Cohen) remain very much its subjects (or, indeed, “non-subjects”) when attempting movement in the material realm. Two of the articles in the collection (Leurs & Ponzanesi and Marcheva) deal directly with the exponential growth of “digital diasporas” (sometimes referred to as “e-diasporas”) since the inception of Facebook in 2004, and both provide specific illustrations of the way in which the nation-state both has, and has not, been transcended. First, it quickly becomes clear that for the (largely) “youthful” (Leurs & Ponzanesi) participants of nationally inscribed networking sites (e.g. “discovernikkei” (Japan), “Hyves” (Netherlands), “Bulgarians in the UK” (Bulgaria)), shared national identity is a means and not an end. In other words, although the participants of these sites might share in and actively produce a fond and nostalgic image of their “homeland” (Marcheva), they are rarely concerned with it as a material or political entity and an expression of their national identities is rapidly supplemented by the sharing of other (global) identity markers. Leurs & Ponzanesi invoke Deleuze and Guattari’s concept of the “rhizome” to describe the way in which social networkers “weave” a “rhizomatic path” to identity, gradually accumulating a hybrid set of affiliations. Indeed, the extent to which the “nation” disappears on such sites can be remarkable as was also observed in our investigation of the digital storytelling site, “Capture Wales” (BBC) (Pearce, "Writing"). Although this BBC site was set up to capture the voices of the Welsh nation in the early twenty-first century through a collection of (largely) autobiographical stories, very few of the participants mention either Wales or their “Welshness” in the stories that they tell. Further, where the “home” nation is (re)imagined, it is generally in an idealised, or highly personalised, form (e.g. stories about one’s own family) or through a sharing of (perceived and actual) cultural idiosyncrasies (Marcheva on “You know you’re a Bulgarian when …”) rather than an engagement with the nation-state per se. As Leurs & Ponzanesi observe: “We can see how the importance of the nation-state gets obscured as diasporic youth, through cultural hybridisation of youth culture and ethnic ties initiate subcultures and offer resistance to mainstream cultural forms.” Both the articles just discussed also note the shading of the “national” into the “transnational” on the social networking sites they discuss, and “transnationalism”—in the sense of many different nations and their diasporas being united through a common interest or cause—is also a focus of Pikner’s article on “collective actions” in Europe (notably, “EuroMayDay” and “My Estonia”) and Harb’s highly topical account of the role of both broadcast media (principally, Al-Jazeera) and social media in the revolutions and uprisings currently sweeping through the Arab world (spring 2011). On this point, it should be noted that Harb identifies this as the moment when Facebook’s erstwhile predominantly social function was displaced by a manifestly political one. From this we must conclude that both transnationalism and social media sites can be put to very different ends: while young people in relatively privileged democratic countries might embrace transnationalism as an expression of their desire to “rise above” national politics, the youth of the Arab world have engaged it as a means of generating solidarity for nationalist insurgency and liberation. Another instance of “g/local” digital solidarity exceeding national borders is to be found in Johanna Sumiala’s article on the circulatory power of the Internet in the Kauhajoki school shooting which took place Finland in 2008. As well as using the Internet to “stage manage” his rampage, the Kauhajoki shooter (whose name the author chose to withhold for ethical reasons) was subsequently found to have been a member of numerous Web-based “hate groups”, many of them originating in the United States and, as a consequence, may be understood to have committed his crime on behalf of a transnational community: what Sumiala has defined as a “networked community of destruction.” It must also be noted, however, that the school shootings were experienced as a very local tragedy in Finland itself and, although the shooter may have been psychically located in a transnational hyper-reality when he undertook the killings, it is his nation-state that has had to deal with the trauma and shame in the long term. Woodward and Brown & Rutherford, meanwhile, show that it remains the tendency of public broadcast media to uphold the raison d’être of the nation-state at the same time as embracing change. Woodward’s feature article (which reports on the AHRC-sponsored “Tuning In” project which has researched the BBC World Service) shows how the representation of national and diasporic “voices” from around the world, either in opposition to or in dialogue with the BBC’s own reporting, is key to the way in which the Commission has changed and modernised in recent times; however, she is also clear that many of the objectives that defined the service in its early days—such as its commitment to a distinctly “English” brand of education—still remain. Similarly, Brown & Rutherford’s article on the innovative Australian ABC children’s television series, My Place (which has combined traditional broadcasting with online, interactive websites) may be seen to be positively promoting the Australian nation by making visible its commitment to multiculturalism. Both articles nevertheless reveal the extent to which these public service broadcasters have recognised the need to respond to their nations’ changing demographics and, in particular, the fact that “diaspora” is a concept that refers not only to their English and Australian audiences abroad but also to their now manifestly multicultural audiences at home. When it comes to commercial satellite television, however, the relationship between broadcasting and national and global politics is rather harder to pin down. Subramanian exposes a complex interplay of national and global interests through her analysis of the Malayalee “reality television” series, Idea Star Singer. Exported globally to the Indian diaspora, the show is shamelessly exploitative in the way in which it combines residual and emergent ideologies (i.e. nostalgia for a traditional Keralayan way of life vs aspirational “western lifestyles”) in pursuit of its (massive) audience ratings. Further, while the ISS series is ostensibly a g/local phenomenon (the export of Kerala to the rest of the world rather than “India” per se), Subramanian passionately laments all the progressive national initiatives (most notably, the campaign for “women’s rights”) that the show is happy to ignore: an illustration of one of the negative consequences of globalisation predicted by Beck (31) noted at the start of this editorial. Harb, meanwhile, reflects upon a rather different set of political concerns with regards to commercial satellite broadcasting in her account of the role of Al-Jazeera and Al Arabiya in the recent (2011) Arab revolutions. Despite Al-Jazeera’s reputation for “two-sided” news coverage, recent events have exposed its complicity with the Qatari government; further, the uprisings have revealed the speed with which social media—in particular Facebook and Twitter—are replacing broadcast media. It is now possible for “the people” to bypass both governments and news corporations (public and private) in relaying the news. Taken together, then, what our articles would seem to indicate is that, while the power of the nation-state has notionally been transcended via a range of new networking practices, this has yet to undermine its material power in any guaranteed way (witness recent counter-insurgencies in Libya, Bahrain, and Syria).True, the Internet may be used to facilitate transnational “actions” against the nation-state (individual or collective) through a variety of non-violent or violent actions, but nation-states around the world, and especially in Western Europe, are currently wielding immense power over their subjects through aggressive “austerity measures” which have the capacity to severely compromise the freedom and agency of the citizens concerned through widespread unemployment and cuts in social welfare provision. This said, several of our articles provide evidence that Appadurai’s more utopian prognoses are also taking shape. Alongside the troubling possibility that globalisation, and the technologies that support it, is effectively eroding “difference” (be this national or individual), there are the ever-increasing (and widely reported) instances of how digital technology is actively supporting local communities and actions around the world in ways that bypass the state. These range from the relatively modest collective action, “My Estonia”, featured in Pikner’s article, to the ways in which the Libyan diaspora in Manchester have made use of social media to publicise and support public protests in Tripoli (Harb). In other words, there is compelling material evidence that the heterogeneity that Appadurai predicted and hoped for has come to pass through the people’s active participation in (and partial ownership of) media practices. Citizens are now able to “interfere” in the representation of their lives as never before and, through the digital revolution, communicate with one another in ways that circumvent state-controlled broadcasting. We are therefore pleased to present the articles that follow as a lively, interdisciplinary and international “state-of-the-art” commentary on how the ongoing revolution in media and communication is responding to, and bringing into being, the processes and practices of globalisation predicted by Appadurai, Beck, Bauman, and others in the 1990s. The articles also speak to the changing nature of the world’s “diasporas” during this fifteen year time frame (1996-2011) and, we trust, will activate further debate (following Cohen) on the conceptual tensions that now manifestly exist between “virtual” and “material” diasporas and also between the “transnational” diasporas whose objective is to transcend the nation-state altogether and those that deploy social media for specifically local or national/ist ends. Acknowledgements With thanks to the Arts and Humanities Research Council (UK) for their generous funding of the “Moving Manchester” project (2006-10). Special thanks to Dr Kate Horsley (Lancaster University) for her invaluable assistance as ‘Web Editor’ in the production of this special issue (we could not have managed without you!) and also to Gail Ferguson (our copy-editor) for her expertise in the preparation of the final typescript. References Appadurai, Arjun. Modernity at Large: Cultural Dimensions of Globalisation. Minneapolis: U of Minnesota P, 1996. Bauman, Zygmunt. Globalization. Cambridge: Polity, 1998. Beck, Ulrich. What is Globalization? Trans. Patrick Camiller. Cambridge: Polity, 2000 (1997). Bromley, Roger. Narratives for a New Belonging: Diasporic Cultural Fictions. Edinburgh: Edinburgh UP, 2000. Cohen, Robin. Global Diasporas. 2nd ed. London and New York: Routledge, 2008. Deleuze, Gilles, and Felix Guattari. A Thousand Plateaus: Capitalism and Schizophrenia. Trans. Brian Massumi. Minneapolis: U of Minnesota P, 1987. Latour, Bruno. Reassembling the Social: An Introduction to Actor-Network Theory. Oxford: Oxford UP, 1995. Pearce, Lynne, ed. Devolving Identities: Feminist Readings in Home and Belonging. London: Ashgate, 2000. Pearce, Lynne. “‘Writing’ and ‘Region’ in the Twenty-First Century: Epistemological Reflections on Regionally Located Art and Literature in the Wake of the Digital Revolution.” European Journal of Cultural Studies 13.1 (2010): 27-41. Robertson, Robert. Globalization: Social Theory and Global Culture. London: Sage, 1992. Urry, John. Sociology beyond Societies. London: Routledge, 1999. Williams, Raymond. Dream Worlds: Mass Consumption in Late Nineteenth-Century France. Berkeley: U of California P, 1982.

This article proposes that the growing popularity of reality television in the southernmost state of India, Kerala – disseminated locally and throughout the Indian diaspora – is not the product of an innocuous nostalgia for a fast-disappearing regional identity but rather a spectacular example of an emergent ideology that displaces cultural memory, collective identity, and secular nationalism with new, globalised forms of public sentiment. Further, it is arguable that this g/local media culture also displaces hard-won secular feminist constructions of gender and the contemporary modern “Indian woman.” Shows like Idea Star Singer (hereafter ISS) (Malayalam [the language spoken in Kerala] television’s most popular reality television series), based closely on American Idol, is broadcast worldwide to dozens of nations including the US, the UK, China, Russia, Sri Lanka, and several nations in the Middle East and the discussion that follows attempts both to account for this g/local phenomenon and to problematise it. ISS concentrates on staging the diversity and talent of Malayalee youth and, in particular, their ability to sing ‘pitch-perfect’, by inviting them to perform the vast catalogue of traditional Malayalam songs. However, inasmuch as it is aimed at both a regional and diasporic audience, ISS also allows for a diversity of singing styles displayed through the inclusion of a variety of other songs: some sung in Tamil, some Hindi, and some even English. This leads us to ask a number of questions: in what ways are performers who subscribe to regional or global models of televisual style rewarded or punished? In what ways are performers who exemplify differences in terms of gender, sexuality, religion, class, or ability punished? Further, it is arguable that this show—packaged as the “must-see” spectacle for the Indian diaspora—re-imagines a traditional past and translates it (under the rubric of “reality” television) into a vulgar commodification of both “classical” and “folk” India: an India excised of radical reform, feminists, activists, and any voices of multiplicity clamouring for change. Indeed, it is my contention that, although such shows claim to promote women’s liberation by encouraging women to realise their talents and ambitions, the commodification of the “stars” as televisual celebrities points rather to an anti-feminist imperial agenda of control and domination. Normalising Art: Presenting the Juridical as Natural Following Foucault, we can, indeed, read ISS as an apparatus of “normalisation.” While ISS purports to be “about” music, celebration, and art—an encouragement of art for art’s sake—it nevertheless advocates the practice of teaching as critiqued by Foucault: “the acquisition and knowledge by the very practice of the pedagogical activity and a reciprocal, hierarchised observation” (176), so that self-surveillance is built into the process. What appears on the screen is, in effect, the presentation of a juridically governed body as natural: the capitalist production of art through intense practice, performance, and corrective measures that valorise discipline and, at the end, produce ‘good’ and ‘bad’ subjects. The Foucauldian isomorphism of punishment with obligation, exercise with repetition, and enactment of the law is magnified in the traditional practice of music, especially Carnatic, or the occasional Hindustani refrain that separates those who come out of years of training in the Gury–Shishya mode (teacher–student mode, primarily Hindu and privileged) from those who do not (Muslims, working-class, and perhaps disabled students). In the context of a reality television show sponsored by Idea Cellular Ltd (a phone company with global outposts), the systems of discipline are strictly in line with the capitalist economy. Since this show depends upon the vast back-catalogue of film songs sung by playback singers from the era of big studio film-making, it may be seen to advocate a mimetic rigidity that ossifies artistic production, rather than offering encouragement to a new generation of artists who might wish to take the songs and make them their own. ISS, indeed, compares and differentiates the participants’ talents through an “opaque” system of evaluations which the show presents as transparent, merit-based and “fair”: as Foucault observes, “the perpetual penalty that traverses all points and supervises every instant in the disciplinary institutions compares, differentiates, hierarchizes, homogenizes, excludes. In short, it normalizes” (183). On ISS, this evaluation process (a panel of judges who are renowned singers and composers, along with a rotating guest star, such as an actor) may be seen as a scopophilic institution where training and knowledge are brought together, transforming “the economy of visibility into the exercise of power” (187). The contestants, largely insignificant as individuals but seen together, at times, upon the stage, dancing and singing and performing practised routines, represent a socius constituting the body politic. The judges, enthroned on prominent and lush seats above the young contestants, the studio audience and, in effect, the show’s televised transnational audience, deliver judgements that “normalise” these artists into submissive subjectivity. In fact, despite the incoherence of the average judgement, audiences are so engrossed in the narrative of “marks” (a clear vestige of the education and civilising mission of the colonial subject under British rule) that, even in the glamorous setting of vibrating music, artificial lights, and corporate capital, Indians can still be found disciplining themselves according to the values of the West. Enacting Keraleeyatham for Malayalee Diaspora Ritty Lukose’s study on youth and gender in Kerala frames identity formations under colonialism, nationalism, and capitalism as she teases out ideas of resistance and agency by addressing the complex mediations of consumption or consumptive practices. Lukose reads “consumer culture as a complex site of female participation and constraint, enjoyment and objectification” (917), and finds the young, westernised female as a particular site of consumer agency. According to this theory, the performers on ISS and the show’s MC, Renjini Haridas, embody this body politic. The young performers all dress in the garb of “authentic identity”, sporting saris, pawaadu-blouse, mundum-neertha, salwaar-kameez, lehenga-choli, skirts, pants, and so on. This sartorial diversity is deeply gendered and discursively rich; the men have one of two options: kurta-mundu or some such variation and the pant–shirt combination. The women, especially Renjini (educated at St Theresa’s College in Kochi and former winner of Ms Kerala beauty contest) evoke the MTV DJs of the mid-1990s and affect a pidgin-Malayalam spliced with English: Renjini’s cool “touching” of the contestants and airy gestures remove her from the regional masses; and yet, for Onam (festival of Kerala), she dresses in the traditional cream and gold sari; for Id (high holy day for Muslims), she dresses in some glittery salwaar-kameez with a wrap on her head; and for Christmas, she wears a long dress. This is clearly meant to show her ability to embody different socio-religious spheres simultaneously. Yet, both she and all the young female contestants speak proudly about their authentic Kerala identity. Ritty Lukose spells this out as “Keraleeyatham.” In the vein of beauty pageants, and the first-world practice of indoctrinating all bodies into one model of beauty, the youngsters engage in exuberant performances yet, once their act is over, revert back to the coy, submissive docility that is the face of the student in the traditional educational apparatus. Both left-wing feminists and BJP activists write their ballads on the surface of women’s bodies; however, in enacting the chethu or, to be more accurate, “ash-push” (colloquialism akin to “hip”) lifestyle advocated by the show (interrupted at least half a dozen times by lengthy sequences of commercials for jewellery, clothing, toilet cleaners, nutritious chocolate bars, hair oil, and home products), the participants in this show become the unwitting sites of a large number of competing ideologies. Lukose observes the remarkable development from the peasant labor-centered Kerala of the 1970s to today’s simulacrum: “Keraleeyatham.” When discussing the beauty contests staged in Kerala in the 1990s, she discovers (through analysis of the dress and Sanskrit-centred questions) that: “Miss Kerala must be a naden pennu [a girl of the native/rural land] in her dress, comportment, and knowledge. Written onto the female bodies of a proliferation of Miss Keralas, the nadu, locality itself, becomes transportable and transposable” (929). Lukose observes that these women have room to enact their passions and artistry only within the metadiegetic space of the “song and dance” spectacle; once they leave it, they return to a modest, Kerala-gendered space in which the young female performers are quiet to the point of inarticulate, stuttering silence (930). However, while Lukose’s term, Keraleeyatham, is useful as a sociological compass, I contend that it has even more complex connotations. Its ethos of “Nair-ism” (Nayar was the dominant caste identity in Kerala), which could have been a site of resistance and identity formation, instead becomes a site of nationalist, regional linguistic supremacy arising out of Hindu imaginary. Second, this ideology could not have been developed in the era of pre-globalised state-run television but now, in the wake of globalisation and satellite television, we see this spectacle of “discipline and punish” enacted on the world stage. Thus, although I do see a possibility for a more positive Keraleeyatham that is organic, inclusive, and radical, for the moment we have a hegemonic, exclusive, and hierarchical statist approach to regional identity that needs to be re-evaluated. Articulating the Authentic via the Simulacrum Welcome to the Malayalee matrix. Jean Baudrillard’s simulacrum is our entry point into visualising the code of reality television. In a state noted for its distinctly left-leaning politics and Communist Party history which underwent radical reversal in the 1990s, the political front in Kerala is still dominated by the LDF (Left Democratic Front), and resistance to the state is an institutionalised and satirised daily event, as marked by the marchers who gather and stop traffic at Palayam in the capital city daily at noon. Issues of poverty and corporate disenfranchisement plague the farming and fishing communities while people suffer transportation tragedies, failures of road development and ferry upkeep on a daily basis. Writers and activists rail against imminent aerial bombing of Maoists insurgent groups, reading in such statist violence repression of the Adivasi (indigenous) peoples scattered across many states of eastern and southern India. Alongside energy and ration supply issues, politics light up the average Keralaite, and yet the most popular “reality” television show reflects none of it. Other than paying faux multicultural tribute to all the festivals that come and go (such as Id, Diwaali, Christmas, and Kerala Piravi [Kerala Day on 1 November]), mainly through Renjini’s dress and chatter, ISS does all it can to remove itself from the turmoil of the everyday. Much in the same way that Bollywood cinema has allowed the masses to escape the oppressions of “the everyday,” reality television promises speculative pleasure produced on the backs of young performers who do not even have to be paid for their labour. Unlike Malayalam cinema’s penchant for hard-hitting politics and narratives of unaccounted for, everyday lives in neo-realist style, today’s reality television—with its excessive sound and light effects, glittering stages and bejewelled participants, repeat zooms, frontal shots, and artificial enhancements—exploits the paradox of hyper-authenticity (Rose and Wood 295). In her useful account of America’s top reality show, American Idol, Katherine Meizel investigates the fascination with the show’s winners and the losers, and the drama of an American “ideal” of diligence and ambition that is seen to be at the heart of the show. She writes, “It is about selling the Dream—regardless of whether it results in success or failure—and about the enactment of ideology that hovers at the edges of any discourse about American morality. It is the potential of great ambition, rather than of great talent, that drives these hopefuls and inspires their fans” (486). In enacting the global via the site of the local (Malayalam and Tamil songs primarily), ISS assumes the mantle of Americanism through the plain-spoken, direct commentaries of the singers who, like their US counterparts, routinely tell us how all of it has changed their lives. In other words, this retrospective meta-narrative becomes more important than the show itself. True to Baudrillard’s theory, ISS blurs the line between actual need and the “need” fabricated by the media and multinational corporations like Idea Cellular and Confident Group (which builds luxury homes, primarily for the new bourgeoisie and nostalgic “returnees” from the diaspora). The “New Kerala” is marked, for the locals, by extravagant (mostly unoccupied) constructions of photogenic homes in garish colours, located in the middle of chaos: the traditional nattumparathu (countryside) wooden homes, and traffic congestion. The homes, promised at the end of these shows, have a “value” based on the hyper-real economy of the show rather than an actual utility value. Yet those who move from the “old” world to the “new” do not always fare well. In local papers, the young artists are often criticised for their new-found haughtiness and disinclination to visit ill relatives in hospital: a veritable sin in a culture that places the nadu and kin above all narratives of progress. In other words, nothing quite adds up: the language and ideologies of the show, espoused most succinctly by its inarticulate host, is a language that obscures its distance from reality. ISS maps onto its audience the emblematic difference between “citizen” and “population”. Through the chaotic, state-sanctioned paralegal devices that allow the slum-dwellers and other property-less people to dwell in the cities, the voices of the labourers (such as the unions) have been silenced. It is a nation ever more geographically divided between the middle-classes which retreat into their gated neighbourhoods, and the shanty-town denizens who are represented by the rising class of religio-fundamentalist leaders. While the poor vote in the Hindu hegemony, the middle classes text in their votes to reality shows like ISS. Partha Chatterjee speaks of the “new segregated and exclusive spaces for the managerial and technocratic elite” (143) which is obsessed by media images, international travel, suburbanisation, and high technology. I wish to add to this list the artificially created community of ISS performers and stars; these are, indeed, the virtual and global extension of Chatterjee’s exclusive, elite communities, decrying the new bourgeois order of Indian urbanity, repackaged as Malayalee, moneyed, and Nayar. Meanwhile, the Hindu Right flexes its muscle under the show’s glittery surface: neither menacing nor fundamentalist, it is now “hip” to be Hindu. Thus while, on the surface, ISS operates according to the cliché, musicinu mathamilla (“music has no religion”), I would contend that it perpetuates a colonising space of Hindu-nationalist hegemony which standardises music appreciation, flattens music performance into an “art” developed solely to serve commercial cinema, and produces a dialectic of Keraleeyatham that erases the multiplicities of its “real.” This ideology, meanwhile, colonises from within. The public performance plays out in the private sphere where the show is consumed; at the same time, the private is inserted into the public with SMS calls that ultimately help seal the juridicality of the show and give the impression of “democracy.” Like the many networks that bring the sentiments of melody and melancholy to our dinner table, I would like to offer you this alternative account of ISS as part of a bid for a more vociferous, and critical, engagement with reality television and its modes of production. Somehow we need to find a way to savour, once again, the non-mimetic aspects of art and to salvage our darkness from the glitter of the “normalising” popular media. References Baudrillard, Jean. The Mirror of Production. Trans. Mark Poster. New York: Telos, 1975. ———. Selected Writings. Ed. Mark Poster. California: Stanford UP, 1988. Chatterjee, Partha. The Politics of the Governed: Reflections on Popular Politics in Most of the World. Delhi: Permanent Black, 2004. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. Alan Sheridan. New York: Vintage, 1995. Lukose, Ritty. “Consuming Globalization: Youth and Gender in Kerala, India.” Journal of Social History 38.4 (Summer 2005): 915-35. Meizel, Katherine. “Making the Dream a Reality (Show): The Celebration of Failure in American Idol.” Popular Music and Society 32.4 (Oct. 2009): 475-88. Rose, Randall L., and Stacy L. Wood. “Paradox and the Consumption of Authenticity through Reality Television.” Journal of Consumer Research 32 (Sep. 2005): 284-96.

In the 2019 documentary Chasing Happiness, recording artist/musician Joe Jonas tells audiences that the band was “living the dream”. Similarly, in the 2012 documentary Artifact, lead singer Jared Leto remarks that at the height of Thirty Seconds to Mars’s success, they “were living the dream”. However, for both the Jonas Brothers and Thirty Seconds to Mars, their experiences of the music industry (much like other commercially successful recording artists) soon transformed into nightmares. Similar to other commercially successful recording artists, the Jonas Brothers and Thirty Seconds to Mars, came up against the constraints of the industry which inevitably led to a forfeiting of authenticity, a loss of creative control, increased exploitation, and unequal remuneration. This work will consider how working in the music industry is not always a dream come true and can instead be viewed as a proverbial nightmare. Living the DreamIn his book Dreams, Carl Gustav Jung discusses how that which is experienced in sleep, speaks of a person’s wishes: that which might be desired in reality but may not actually happen. In his earlier work, The Interpretation of Dreams, Freud argued that the dream is representative of fulfilling a repressed wish. However, the creative industries suggest that a dream need not be a repressed wish; it can become a reality. Jon Bon Jovi believes that his success in the music industry has surpassed his wildest dreams (Atkinson). Jennifer Lopez considers the fact that she held big dreams, had a focussed passion, and strong aspirations the reason why she pursued a creative career that took her out of the Bronx (Thomas). In a Twitter post from 23 April 2018, Bruno Mars declared that he “use [sic] to dream of this shit,” in referring to a picture of him performing for a sold out arena, while in 2019 Shawn Mendes informed his 24.4 million Twitter followers that his “life is a dream”. These are but a few examples of successful music industry artists who are seeing their ‘wishes’ come true and living the American Dream.Endemic to the American culture (and a characteristic of the identity of the country) is the “American Dream”. It centres on “a land in which life should be better and richer and fuller for every man, with opportunity for each according to his ability and achievement” (Adams, 404). Although initially used to describe having a nice house, money, stability and a reasonable standard of living, the American Dream has since evolved to what the scholar Florida believes is the new ‘aspiration of people’: doing work that is enjoyable and relies on human creativity. At its core, the original American Dream required striving to meet individual goals, and was promoted as possible for anyone regardless of their cultural, socio-economic and political background (Samuel), because it encourages the celebrating of the self and personal uniqueness (Gamson). Florida’s conceptualisation of the New American dream, however, tends to emphasise obtaining success, fame and fortune in what Neff, Wissinger, and Zukin (310) consider “hot”, “creative” industries where “the jobs are cool”.Whether old or new, the American Dream has perpetuated and reinforced celebrity culture, with many of the young generation reporting that fame and fortune were their priorities, as they sought to emulate the success of their famous role models (Florida). The rag to riches stories of iconic recording artists can inevitably glorify and make appealing the struggle that permits achieving one’s dream, with celebrities offering young, aspiring creative people a means of identification for helping them to aspire to meet their dreams (Florida; Samuel). For example, a young Demi Lovato spoke of how she idolised and looked up to singer Beyonce Knowles, describing Knowles as a role model because of the way she carries herself (Tishgart). Similarly, American Idol winner Kelly Clarkson cited Aretha Franklin as her musical inspiration and the reason that she sings from a place deep within (Nilles). It is unsurprising then, that popular media has tended to portray artists working in the creative industries and being paid to follow their passions as “a much-vaunted career dream” (Duffy and Wissinger, 4656). Movies such as A Star Is Born (2018), The Coal Miner’s Daughter (1980), Dreamgirls (2006), Begin Again (2013) and La La Land (2016) exalt the perception that creativity, talent, sacrifice and determination will mean dreams come true (Nicolaou). In concert with the American dream is the drive among creative people pursuing creative success to achieve their dreams because of the perceived autonomy they will gain, the chance of self-actualisation and social rewards, and the opportunity to fulfil intrinsic motivations (Amabile; Auger and Woodman; Cohen). For these workers, the love of creation and the happiness that accompanies new discoveries (Csikszentmihalyi) can offset the tight budgets and timelines, precarious labour (Blair, Grey, and Randle; Hesmondhalgh and Baker), uncertain demand (Caves; Shultz), sacrifice of personal relationships (Eikhof and Haunschild), the demand for high quality products (Gil & Spiller), and the tense relationships with administrators (Bilton) which are known to plague these industries. In some cases, young, up and coming creative people overlook these pitfalls, instead romanticising creative careers as ideal and worthwhile. They willingly take on roles and cede control to big corporations to “realize their passions [and] uncover their personal talent” (Bill, 50). Of course, as Ursell argues in discussing television employees, such idealisation can mean creatives, especially those who are young and unfamiliar with the constraints of the industry, end up immersed in and victims of the “vampiric” industry that exploits workers (816). They are socialised towards believing, in this case, that the record label is a necessary component to obtain fame and fortune and whether willing or unwilling, creative workers become complicit in their own exploitation (Cohen). Loss of Control and No CompensationThe music industry itself has been considered by some to typify the cultural industries (Chambers). Popular music has potency in that it is perceived as speaking a universal language (Burnett), engaging the emotions and thoughts of listeners, and assisting in their identity construction (Burnett; Gardikiotis and Baltzis). Given the place of music within society, it is not surprising that in 2018, the global music industry was worth US$19.1billion (IFPI). The music industry is necessarily underpinned by a commercial agenda. At present, six major recording companies exist and between them, they own between 70-80 per cent of the recordings produced globally (Konsor). They also act as gatekeepers, setting trends by defining what and who is worth following and listening to (Csikszentmihalyi; Jones, Anand, and Alvarez). In essence, to be successful in the music industry is to be affiliated with a record label. This is because the highly competitive nature and cluttered environment makes it harder to gain traction in the market without worthwhile representation (Moiso and Rockman). In the 2012 documentary about Thirty Seconds to Mars, Artifact, front man Jared Leto even questions whether it is possible to have “success without a label”. The recording company, he determines, “deal with the crappy jobs”. In a financially uncertain industry that makes money from subjective or experience-based goods (Caves), having a label affords an artist access to “economic capital for production and promotion” that enables “wider recognition” of creative work (Scott, 239). With the support of a record label, creative entrepreneurs are given the chance to be promoted and distributed in the creative marketplace (Scott; Shultz). To have a record label, then, is to be perceived as legitimate and credible (Shultz).However, the commercial music industry is just that, commercial. Accordingly, the desire to make money can see the intrinsic desires of musicians forfeited in favour of standardised products and a lack of remuneration for artists (Negus). To see this standardisation in practice, one need not look further than those contestants appearing on shows such as American Idol or The Voice. Nowhere is the standardisation of the music industry more evident than in Holmes’s 2004 article on Pop Idol. Pop Idol first aired in Britain from 2001-2003 and paved the way for a slew of similar shows around the world such as Australia’s Popstars Live in 2004 and the global Idol phenomena. According to Holmes, audiences are divested of the illusion of talent and stardom when they witness the obvious manufacturing of musical talent. The contestants receive training, are dressed according to a prescribed image, and the show emphasises those melodramatic moments that are commercially enticing to audiences. Her sentiments suggest these shows emphasise the artifice of the music industry by undermining artistic authenticity in favour of generating celebrities. The standardisation is typified in the post Idol careers of Kelly Clarkson and Adam Lambert. Kelly Clarkson parted with the recording company RCA when her manager and producer Clive Davis told her that her album My December (2007) was “not commercial enough” and that Clarkson, who had written most of the songs, was a “shitty writer… who should just shut up and sing” (Nied). Adam Lambert left RCA because they wanted him to make a full length 80s album comprised of covers. Lambert commented that, “while there are lots of great songs from that decade, my heart is simply not in doing a covers album” (Lee). In these instances, winning the show and signing contracts led to both Clarkson and Lambert forfeiting a degree of creative control over their work in favour of formulaic songs that ultimately left both artists unsatisfied. The standardisation and lack of remuneration is notable when signing recording artists to 360° contracts. These 360° contracts have become commonplace in the music industry (Gulchardaz, Bach, and Penin) and see both the material and immaterial labour (such as personal identities) of recording artists become controlled by record labels (Stahl and Meier). These labels determine the aesthetics of the musicians as well as where and how frequently they tour. Furthermore, the labels become owners of any intellectual property generated by an artist during the tenure of the contract (Sanders; Stahl and Meier). For example, in their documentary Show Em What You’re Made Of (2015), the Backstreet Boys lament their affiliation with manager Lou Pearlman. Not only did Pearlman manufacture the group in a way that prevented creative exploration by the members (Sanders), but he withheld profits to the point that the Backstreet Boys had to sue Pearlman in order to gain access to money they deserved. In 2002 the members of the Backstreet Boys had stated that “it wasn’t our destinies that we had to worry about in the past, it was our souls” (Sanders, 541). They were not writing their own music, which came across in the documentary Show Em What You’re Made Of when singer Howie Dorough demanded that if they were to collaborate as a group again in 2013, that everything was to be produced, managed and created by the five group members. Such a demand speaks to creative individuals being tied to their work both personally and emotionally (Bain). The angst encountered by music artists also signals the identity dissonance and conflict felt when they are betraying their true or authentic creative selves (Ashforth and Mael; Ashforth and Humphrey). Performing and abiding by the rules and regulations of others led to frustration because the members felt they were “being passed off as something we aren’t” (Sanders 539). The Backstreet Boys were not the only musicians who were intensely controlled and not adequately compensated by Pearlman. In the documentary The Boy Band Con: The Lou Pearlman Story 2019, Lance Bass of N*Sync and recording artist Aaron Carter admitted that the experience of working with Pearlman became a nightmare when they too, were receiving cheques that were so small that Bass describes them as making his heart sink. For these groups, the dream of making music was undone by contracts that stifled creativity and paid a pittance.In a similar vein, Thirty Seconds to Mars sought to cut ties with their record label when they felt that they were not being adequately compensated for their work. In retaliation EMI issued Mars with a US$30 million lawsuit for breach of contract. The tense renegotiations that followed took a toll on the creative drive of the group. At one point in the documentary Artifact (2012), Leto claims “I can’t sing it right now… You couldn’t pay me all the money in the world to sing this song the way it needs to be sung right now. I’m not ready”. The contract subordination (Phillips; Stahl and Meier) that had led to the need to renegotiate financial terms came at not only a financial cost to the band, but also a physical and emotional one. The negativity impacted the development of the songs for the new album. To make music requires evoking necessary and appropriate emotions in the recording studio (Wood, Duffy, and Smith), so Leto being unable to deliver the song proved problematic. Essentially, the stress of the lawsuit and negotiations damaged the motivation of the band (Amabile; Elsbach and Hargadon; Hallowell) and interfered with their creative approach, which could have produced standardised and poor quality work (Farr and Ford). The dream of making music was almost lost because of the EMI lawsuit. Young creatives often lack bargaining power when entering into contracts with corporations, which can prove disadvantaging when it comes to retaining control over their lives (Phillips; Stahl and Meier). Singer Demi Lovato’s big break came in the 2008 Disney film Camp Rock. As her then manager Phil McIntyre states in the documentary Simply Complicated (2017), Camp Rock was “perceived as the vehicle to becoming a superstar … overnight she became a household name”. However, as “authentic and believable” as Lovato’s edginess appeared, the speed with which her success came took a toll on Lovato. The pressure she experienced having to tour, write songs that were approved by others, star in Disney channel shows and movies, and look a certain way, became too much and to compensate, Lovato engaged in regular drug use to feel free. Accordingly, she developed a hybrid identity to ensure that the squeaky clean image required by the moral clauses of her contract, was not tarnished by her out-of-control lifestyle. The nightmare came from becoming famous at a young age and not being able to handle the expectations that accompanied it, coupled with a stringent contract that exploited her creative talent. Lovato’s is not a unique story. Research has found that musicians are more inclined than those in other workforces to use psychotherapy and psychotropic drugs (Vaag, Bjørngaard, and Bjerkeset) and that fame and money can provide musicians more opportunities to take risks, including drug-use that leads to mortality (Bellis, Hughes, Sharples, Hennell, and Hardcastle). For Lovato, living the dream at a young age ultimately became overwhelming with drugs her only means of escape. AuthenticityThe challenges then for music artists is that the dream of pursuing music can come at the cost of a musician’s authentic self. According to Hughes, “to be authentic is to be in some sense real and true to something ... It is not simply an imitation, but it is sincere, real, true, and original expression of its creator, and is believable or credible representations or example of what it appears to be” (190). For Nick Jonas of the Jonas Brothers, being in the spotlight and abiding by the demands of Disney was “non-stop” and prevented his personal and musical growth (Chasing Happiness). As Kevin Jonas put it, Nick “wanted the Jonas Brothers to be no more”. The extensive promotion that accompanies success and fame, which is designed to drive celebrity culture and financial motivations (Currid-Halkett and Scott; King), can lead to cynical performances and dissatisfaction (Hughes) if the identity work of the creative creates a disjoin between their perceived self and aspirational self (Beech, Gilmore, Cochrane, and Greig). Promoting the band (and having to film a television show and movies he was not invested in all because of contractual obligations) impacted on Nick’s authentic self to the point that the Jonas Brothers made him feel deeply upset and anxious. For Nick, being stifled creatively led to feeling inauthentic, thereby resulting in the demise of the band as his only recourse.In her documentary Gaga: Five Foot Two (2017), Lady Gaga discusses the extent she had to go to maintain a sense of authenticity in response to producer control. As she puts it, “when producers wanted me to be sexy, I always put some absurd spin on it, that made me feel like I was still in control”. Her words reaffirm the perception amongst scholars (Currid-Halkett and Scott; King; Meyers) that in playing the information game, industry leaders will construct an artist’s persona in ways that are most beneficial for, in this case, the record label. That will mean, for example, establishing a coherent life story for musicians that endears them to audiences and engaging recording artists in co-branding opportunities to raise their profile and to legitimise them in the marketplace. Such behaviour can potentially influence the preferences and purchases of audiences and fans, can create favourability, originality and clarity around artists (Loroz and Braig), and can establish competitive advantage that leads to producers being able to charge higher prices for the artists’ work (Hernando and Campo). But what impact does that have on the musician? Lady Gaga could not continue living someone else’s dream. She found herself needing to make changes in order to avoid quitting music altogether. As Gaga told a class of university students at the Emotion Revolution Summit hosted by Yale University:I don’t like being used to make people money. It feels sad when I am overworked and that I have just become a money-making machine and that my passion and creativity take a backseat. That makes me unhappy.According to Eikof and Haunschild, economic necessity can threaten creative motivation. Gaga’s reaction to the commercial demands of the music industry signal an identity conflict because her desire to create, clashed with the need to be commercial, with the outcome imposing “inconsistent demands upon” her (Ashforth and Mael, 29). Therefore, to reduce what could be considered feelings of dissonance and inconsistency (Ashforth and Mael; Ashforth and Humphrey) Gaga started saying “no” to prevent further loss of her identity and sense of authentic self. Taking back control could be seen as a means of reorienting her dream and overcoming what had become dissatisfaction with the commercial processes of the music industry. ConclusionsFor many creatives working in the creative industries – and specifically the music industry – is constructed as a dream come true; the working conditions and expectations experienced by recording artists are far from liberating and instead can become nightmares to which they want to escape. The case studies above, although likely ‘constructed’ retellings of the unfortunate circumstances encountered working in the music industry, nevertheless offer an inside account that contradicts the prevailing ideology that pursuing creative passions leads to a dream career (Florida; Samuel). If anything, the case studies explored above involving 30 Seconds to Mars, the Jonas Brothers, Lady Gaga, Kelly Clarkson, Adam Lambert and the Backstreet Boys, acknowledge what many scholars writing in the creative industries have already identified; that exploitation, subordination, identity conflict and loss of control are the unspoken or lesser known consequences of pursuing the creative dream. That said, the conundrum for creatives is that for success in the industry big “creative” businesses, such as recording labels, are still considered necessary in order to break into the market and to have prolonged success. This is simply because their resources far exceed those at the disposal of independent and up-and-coming creative entrepreneurs. Therefore, it can be argued that this friction of need between creative industry business versus artists will be on-going leading to more of these ‘dream to nightmare’ stories. The struggle will continue manifesting in the relationship between business and artist for long as the recording artists fight for greater equality, independence of creativity and respect for their work, image and identities. 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Unlike some current discourse on automediality, this essay eschews most of the analysis concerning the adoption or modification of avatars to deliberately enhance, extend or distort the self. Rather than the automedial enabling of alternative, virtual selves modified by playful, confronting or disarming avatars we concentrate instead on emerging efforts to present the self in hyper-realist, interactive modes. In doing so we ask, what is the relationship between traumatic forms of automediation and the affective impact on and response of the audience? We argue that, while on the one hand there are promising avenues for valuable individual and social engagements with traumatic forms of automediation, there is an overwhelming predominance of suffering as a theme in such virtual depictions, comingled with uncritically asserted promises of empathy, which are problematic as the technology assumes greater mainstream uptake.As Smith and Watson note, embodiment is always a “translation” where the body is “dematerialized” in virtual representation (“Virtually” 78). Past scholarship has analysed the capacity of immersive realms, such as Second Life or online games, to highlight how users can modify their avatars in often spectacular, non-human forms. Critics of this mode of automediality note that users can adopt virtually any persona they like (racial, religious, gendered and sexual, human, animal or hybrid, and of any age), behaving as “identity tourists” while occupying virtual space or inhabiting online communities (Nakamura). Furthermore, recent work by Jaron Lanier, a key figure from the 1980s period of early Virtual Reality (VR) technology, has also explored so-called “homuncular flexibility” which describes the capacity for humans to seemingly adapt automatically to the control mechanisms of an avatar with multiple legs, other non-human appendages, or for two users to work in tandem to control a single avatar (Won et. al.). But this article is concerned less with these single or multi-player online environments and the associated concerns over modifying interactive identities. We are principally interested in other automedial modes where the “auto” of autobiography is automated via Artificial Intelligences (AIs) to convincingly mimic human discourse as narrated life-histories.We draw from case studies promoted by the 2017 season of ABC television’s flagship science program, Catalyst, which opened with semi-regular host and biological engineer Dr Jordan Nguyen, proclaiming in earnest, almost religious fervour: “I want to do something that has long been a dream. I want to create a copy of a human. An avatar. And it will have a life of its own in virtual reality.” As the camera followed Nguyen’s rapid pacing across real space he extolled: “Virtual reality, virtual human, they push the limits of the imagination and help us explore the impossible […] I want to create a virtual copy of a person. A digital addition to the family, using technology we have now.”The troubling implications of such rhetoric were stark and the next third of the program did little to allay such techno-scientific misgivings. Directed and produced by David Symonds, with Nguyen credited as co-developer and presenter, the episode “Meet the Avatars” immediately introduced scenarios where “volunteers” entered a pop-up inner city virtual lab, to experience VR for the first time. The volunteers were shown on screen subjected to a range of experimental VR environments designed to elicit fear and/or adverse and disorienting responses such as vertigo, while the presenter and researchers from Sydney University constantly smirked and laughed at their participants’ discomfort. We can only wonder what the ethics process was for both the ABC and university researchers involved in these broadcast experiments. There is little doubt that the participant/s experienced discomfort, if not distress, and that was televised to a national audience. Presenter Nguyen was also shown misleading volunteers on their way to the VR lab, when one asked “You’re not going to chuck us out of a virtual plane are you?” to which Nguyen replied “I don't know what we’re going to do yet,” when it was next shown that they immediately underwent pre-programmed VR exposure scenarios, including a fear of falling exercise from atop a city skyscraper.The sweat-inducing and heart rate-racing exposures to virtual plank walks high above a cityscape, or seeing subjects haptically viewing spiders crawl across their outstretched virtual hands, all elicited predictable responses, showcased as carnivalesque entertainment for the viewing audience. As we will see, this kind of trivialising of a virtual environment’s capacity for immersion belies the serious use of the technology in a range of treatments for posttraumatic stress disorder (see Rizzo and Koenig; Rothbaum, Rizzo and Difede).Figure 1: Nguyen and researchers enjoying themselves as their volunteers undergo VR exposure Defining AutomedialityIn their pioneering 2008 work, Automedialität: Subjektkonstitution in Schrift, Bild und neuen Medien, Jörg Dünne and Christian Moser coined the term “automediality” to problematise the production, application and distribution of autobiographic modes across various media and genres—from literary texts to audiovisual media and from traditional expression to inter/transmedia and remediated formats. The concept of automediality was deployed to counter the conventional critical exclusion of analysis of the materiality/technology used for an autobiographical purpose (Gernalzick). Dünne and Moser proffered a concept of automediality that rejects the binary division of (a) self-expression determining the mediated form or (b) (self)subjectivity being solely produced through the mediating technology. Hence, automediality has been traditionally applied to literary constructs such as autobiography and life-writing, but is now expanding into the digital domain and other “paratextual sites” (Maguire).As Nadja Gernalzick suggests, automediality should “encourage and demand not only a systematics and taxonomy of the constitution of the self in respectively genre-specific ways, but particularly also in medium-specific ways” (227). Emma Maguire has offered a succinct working definition that builds on this requirement to signal the automedial universally, noting it operates asa way of studying auto/biographical texts (of a variety of forms) that take into account how the effects of media shape the kinds of selves that can be represented, and which understands the self not as a preexisting subject that might be distilled into story form but as an entity that is brought into being through the processes of mediation.Sidonie Smith and Julia Watson point to automediality as a methodology, and in doing so emphasize how the telling or mediation of a life actually shapes the kind of story that can be told autobiographically. They state “media cannot simply be conceptualized as ‘tools’ for presenting a preexisting, essential self […] Media technologies do not just transparently present the self. They constitute and expand it” (Smith and Watson “Virtually Me” 77).This distinction is vital for understanding how automediality might be applied to self-expression in virtual domains, including the holographic avatar dreams of Nguyen throughout Catalyst. Although addressing this distinction in relation to online websites, following P. David Marshall’s description of “the proliferation of the public self”, Maguire notes:The same integration of digital spaces and platforms into daily life that is prompting the development of new tools in autobiography studies […] has also given rise to the field of persona studies, which addresses the ways in which individuals engage in practices of self-presentation in order to form commoditised identities that circulate in affective communities.For Maguire, these automedial works operate textually “to construct the authorial self or persona”.An extension to this digital, authorial construction is apparent in the exponential uptake of screen mediated prosumer generated content, whether online or theatrical (Miller). According to Gernalzick, unlike fictional drama films, screen autobiographies more directly enable “experiential temporalities”. Based on Mary Anne Doane’s promotion of the “indexicality” of film/screen representations to connote the real, Gernalzick suggests that despite semiotic theories of the index problematising realism as an index as representation, the film medium is still commonly comprehended as the “imprint of time itself”:Film and the spectator of film are said to be in a continuous present. Because the viewer is aware, however, that the images experienced in or even as presence have been made in the past, the temporality of the so-called filmic present is always ambiguous” (230).When expressed as indexical, automedial works, the intrinsic audio-visual capacities of film and video (as media) far surpass the temporal limitations of print and writing (Gernalzick, 228). One extreme example can be found in an emergent trend of “performance crime” murder and torture videos live-streamed or broadcast after the fact using mobile phone cameras and FaceBook (Bender). In essence, the political economy of the automedial ecology is important to understand in the overall context of self expression and the governance of content exhibition, access, distribution and—where relevant—interaction.So what are the implications for automedial works that employ virtual interfaces and how does this evolving medium inform both the expressive autobiographical mode and audiences subjectivities?Case StudyThe Catalyst program described above strove to shed new light on the potential for emerging technology to capture and create virtual avatars from living participants who (self-)generate autobiographical narratives interactively. Once past the initial gee-wiz journalistic evangelism of VR, the episode turned towards host Nguyen’s stated goal—using contemporary technology to create an autonomous virtual human clone. Nguyen laments that if he could create only one such avatar, his primary choice would be that of his grandfather who died when Nguyen was two years old—a desire rendered impossible. The awkward humour of the plank walk scenario sequence soon gives way as the enthusiastic Nguyen is surprised by his family’s discomfort with the idea of digitally recreating his grandfather.Nguyen next visits a Southern California digital media lab to experience the process by which 3D virtual human avatars are created. Inside a domed array of lights and cameras, in less than one second a life-size 3D avatar is recorded via 6,000 LEDs illuminating his face in 20 different combinations, with eight cameras capturing the exposures from multiple angles, all in ultra high definition. Called the Light Stage (Debevec), it is the same technology used to create a life size, virtual holocaust survivor, Pinchas Gutter (Ziv).We see Nguyen encountering a life-size, high-resolution 2D screen version of Gutter’s avatar. Standing before a microphone, Nguyen asks a series of questions about Gutter’s wartime experiences and life in the concentration camps. The responses are naturalistic and authentic, as are the pauses between questions. The high definition 4K screen is photo-realist but much more convincing in-situ (as an artifact of the Catalyst video camera recording, in some close-ups horizontal lines of transmission appear). According to the project’s curator, David Traum, the real Pinchas Gutter was recorded in 3D as a virtual holograph. He spent 25 hours providing 1,600 responses to a broad range of questions that the curator maintained covered “a lot of what people want to say” (Catalyst).Figure 2: The Museum of Jewish Heritage in Manhattan presented an installation of New Dimensions in Testimony, featuring Pinchas Gutter and Eva SchlossIt is here that the intersection between VR and auto/biography hybridise in complex and potentially difficult ways. It is where the concept of automediality may offer insight into this rapidly emerging phenomenon of creating interactive, hyperreal versions of our selves using VR. These hyperreal VR personae can be questioned and respond in real-time, where interrogators interact either as casual conversers or determined interrogators.The impact on visitors is sobering and palpable. As Nguyen relates at the end of his session, “I just want to give him a hug”. The demonstrable capacity for this avatar to engender a high degree of empathy from its automedial testimony is clear, although as we indicate below, it could simply indicate increased levels of emotion.Regardless, an ongoing concern amongst witnesses, scholars and cultural curators of memorials and museums dedicated to preserving the history of mass violence, and its associated trauma, is that once the lived experience and testimony of survivors passes with that generation the impact of the testimony diminishes (Broderick). New media modes of preserving and promulgating such knowledge in perpetuity are certainly worthy of embracing. As Stephen Smith, the executive director of the USC Shoah Foundation suggests, the technology could extendto people who have survived cancer or catastrophic hurricanes […] from the experiences of soldiers with post-traumatic stress disorder or survivors of sexual abuse, to those of presidents or great teachers. Imagine if a slave could have told her story to her grandchildren? (Ziv)Yet questions remain as to the veracity of these recorded personae. The avatars are created according to a specific agenda and the autobiographical content controlled for explicit editorial purposes. It is unclear what and why material has been excluded. If, for example, during the recorded questioning, the virtual holocaust survivor became mute at recollecting a traumatic memory, cried or sobbed uncontrollably—all natural, understandable and authentic responses given the nature of the testimony—should these genuine and spontaneous emotions be included along with various behavioural ticks such as scratching, shifting about in the seat and other naturalistic movements, to engender a more profound realism?The generation of the photorealist, mimetic avatar—remaining as an interactive persona long after the corporeal, authorial being is gone—reinforces Baudrillard’s concept of simulacra, where a clone exists devoid of its original entity and unable to challenge its automedial discourse. And what if some unscrupulous hacker managed to corrupt and subvert Gutter’s AI so that it responded antithetically to its purpose, by denying the holocaust ever happened? The ethical dilemmas of such a paradigm were explored in the dystopian 2013 film, The Congress, where Robyn Wright plays herself (and her avatar), as an out of work actor who sells off the rights to her digital self. A movie studio exploits her screen persona in perpetuity, enabling audiences to “become” and inhabit her avatar in virtual space while she is limited in the real world from undertaking certain actions due to copyright infringement. The inability of Wright to control her mimetic avatar’s discourse or action means the assumed automedial agency of her virtual self as an immortal, interactive being remains ontologically perplexing.Figure 3: Robyn Wright undergoing a full body photogrammetry to create her VR avatar in The Congress (2013)The various virtual exposures/experiences paraded throughout Catalyst’s “Meet the Avatars” paradoxically recorded and broadcast a range of troubling emotional responses to such immersion. Many participant responses suggest great caution and sensitivity be undertaken before plunging headlong into the new gold rush mentality of virtual reality, augmented reality, and AI affordances. Catalyst depicted their program subjects often responding in discomfort and distress, with some visibly overwhelmed by their encounters and left crying. There is some irony that presenter Ngyuen was himself relying on the conventions of 2D linear television journalism throughout, adopting face-to-camera address in (unconscious) automedial style to excitedly promote the assumed socio-cultural boon such automedial VR avatars will generate.Challenging AuthenticityThere are numerous ethical considerations surrounding the potential for AIs to expand beyond automedial (self-)expression towards photorealist avatars interacting outside of their pre-recorded content. When such systems evolve it may be neigh impossible to discern on screen whether the person you are conversing with is authentic or an indistinguishable, virtual doppelganger. In the future, a variant on the Turning Test may be needed to challenge and identify such hyperreal simulacra. We may be witnessing the precursor to such a dilemma playing out in the arena of audio-only podcasts, with some public intellectuals such as Sam Harris already discussing the legal and ethical problems from technology that can create audio from typed text that convincingly replicate the actual voice of a person by sampling approximately 30 minutes of their original speech (Harris). Such audio manipulation technology will soon be available to anybody with the motivation and relatively minor level of technological ability in order to assume an identity and masquerade as automediated dialogue. However, for the moment, the ability to convincingly alter a real-time computer generated video image of a person remains at the level of scientific innovation.Also of significance is the extent to which the audience reactions to such automediated expressions are indeed empathetic or simply part of the broader range of affective responses that also include direct sympathy as well as emotions such as admiration, surprise, pity, disgust and contempt (see Plantinga). There remains much rhetorical hype surrounding VR as the “ultimate empathy machine” (Milk). Yet the current use of the term “empathy” in VR, AI and automedial forms of communication seems to be principally focused on the capacity for the user-viewer to ameliorate negatively perceived emotions and experiences, whether traumatic or phobic.When considering comments about authenticity here, it is important to be aware of the occasional slippage of technological terminology into the mainstream. For example, the psychological literature does emphasise that patients respond strongly to virtual scenarios, events, and details that appear to be “authentic” (Pertaub, Slater, and Barker). Authentic in this instance implies a resemblance to a corresponding scenario/activity in the real world. This is not simply another word for photorealism, but rather it describes for instance the experimental design of one study in which virtual (AI) audience members in a virtual seminar room designed to treat public speaking anxiety were designed to exhibit “random autonomous behaviours in real-time, such as twitches, blinks, and nods, designed to encourage the illusion of life” (Kwon, Powell and Chalmers 980). The virtual humans in this study are regarded as having greater authenticity than an earlier project on social anxiety (North, North, and Coble) which did not have much visual complexity but did incorporate researcher-triggered audio clips of audience members “laughing, making comments, encouraging the speaker to speak louder or more clearly” (Kwon, Powell, and Chalmers 980). The small movements, randomly cued rather than according to a recognisable pattern, are described by the researchers as creating a sense of authenticity in the VR environment as they seem to correspond to the sorts of random minor movements that actual human audiences in a seminar can be expected to make.Nonetheless, nobody should regard an interaction with these AIs, or the avatar of Gutter, as in any way an encounter with a real person. Rather, the characteristics above function to create a disarming effect and enable the real person-viewer to willingly suspend their disbelief and enter into a pseudo-relationship with the AI; not as if it is an actual relationship, but as if it is a simulation of an actual relationship (USC). Lucy Suchman and colleagues invoke these ideas in an analysis of a YouTube video of some apparently humiliating human interactions with the MIT created AI-robot Mertz. Their analysis contends that, while it may appear on first glance that the humans’ mocking exchange with Mertz are mean-spirited, there is clearly a playfulness and willingness to engage with a form of AI that is essentially continuous with “long-standing assumptions about communication as information processing, and in the robot’s performance evidence for the limits to the mechanical reproduction of interaction as we know it through computational processes” (Suchman, Roberts, and Hird).Thus, it will be important for future work in the area of automediated testimony to consider the extent to which audiences are willing to suspend disbelief and treat the recounted traumatic experience with appropriate gravitas. These questions deserve attention, and not the kind of hype displayed by the current iteration of techno-evangelism. Indeed, some of this resurgent hype has come under scrutiny. From the perspective of VR-based tourism, Janna Thompson has recently argued that “it will never be a substitute for encounters with the real thing” (Thompson). Alyssa K. Loh, for instance, also argues that many of the negatively themed virtual experiences—such as those that drop the viewer into a scene of domestic violence or the location of a terrorist bomb attack—function not to put you in the position of the actual victim but in the position of the general category of domestic violence victim, or bomb attack victim, thus “deindividuating trauma” (Loh).Future work in this area should consider actual audience responses and rely upon mixed-methods research approaches to audience analysis. 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On 17 January 2013, Wired chose the smart contact lens as one of “7 Massive Ideas That Could Change the World” describing a Google-led research project. Wired explains that the inventor, Dr. Babak Parviz, wants to build a microsystem on a contact lens: “Using radios no wider than a few human hairs, he thinks these lenses can augment reality and incidentally eliminate the need for displays on phones, PCs, and widescreen TVs”. Explained further in other sources, the technology entails an antenna, circuits embedded into a contact lens, GPS, and an LED to project images on the eye, creating a virtual display (Solve for X). Wi-Fi would stream content through a transparent screen over the eye. One patent describes a camera embedded in the lens (Etherington). Another mentions medical sensing, such as glucose monitoring of tears (Goldman). In other words, Google proposes an imagined future when we use contact lenses to search the Internet (and be searched by it), shop online, communicate with friends, work, navigate maps, swipe through Tinder, monitor our health, watch television, and, by that time, probably engage in a host of activities not yet invented. Often referred to as a bionic contact, the smart contact lens would signal a weighty shift in the way we work, socialize, and frame our online identities. However, speculative discussion over this radical shift in personal computing, rarely if ever, includes consideration of how the body, acting as a host to digital information, will manage to assimilate not only significant affordances, but also significant constraints and vulnerabilities. At this point, for most people, the smart contact lens is just an idea. Is a new medium of communication started when it is launched in an advertising campaign? When we Like it on Facebook? If we chat about it during a party amongst friends? Or, do a critical mass of people actually have to be using it to say it has started? One might say that Apple’s Macintosh computer started as a media platform when the world heard about the famous 1984 television advertisement aired during the American NFL Super Bowl of that year. Directed by Ridley Scott, the ad entails an athlete running down a passageway and hurling a hammer at a massive screen depicting cold war style rulers expounding state propaganda. The screen explodes freeing those imprisoned from their concentration camp existence. The direct reference to Orwell’s 1984 serves as a metaphor for IBM in 1984. PC users were made analogous to political prisoners and IBM served to represent the totalitarian government. The Mac became a something that, at the time, challenged IBM, and suggested an alternative use for the desktop computer that had previously been relegated for work rather than life. Not everyone bought a Mac, but the polemical ad fostered the idea that Mac was certainly the start of new expectations, civic identities, value-systems, and personal uses for computers. The smart contact lens is another startling start. News of it shocks us, initiates social media clicks and forwards, and instigates dialogue. But, it also indicates the start of a new media paradigm that is already undergoing popular adoption as it is announced in mainstream news and circulated algorithmically across media channels. Since 2008, news outlets like CNN, The New York Times, The Globe and Mail, Asian International News, United News of India, The Times of London and The Washington Post have carried it, feeding the buzz in circulation that Google intends. Attached to the wave of current popular interest generated around any technology claiming to be “wearable,” a smart contact lens also seems surreptitious. We would no longer hold smartphones, but hide all of that digital functionality beneath our eyelids. Its emergence reveals the way commercial models have dramatically changed. The smart contact lens is a futuristic invention imagined for us and about us, but also a sensationalized idea socializing us to a future that includes it. It is also a real device that Parviz (with Google) has been inventing, promoting, and patenting for commercial applications. All of these workings speak to a broader digital culture phenomenon. We argue that the smart contact lens discloses a process of nascent posthuman adaptation, launched in an era that celebrates wearable media as simultaneously astonishing and banal. More specifically, we adopt technology based on our adaptation to it within our personal, political, medial, social, and biological contexts, which also function in a state of flux. N. Katherine Hayles writes that “Contemporary technogenesis, like evolution in general, is not about progress ... rather, contemporary technogenesis is about adaptation, the fit between organisms and their environments, recognizing that both sides of the engagement (human and technologies) are undergoing coordinated transformations” (81). This article attends to the idea that in these early stages, symbolic acts of adaptation signal an emergent medium through rhetorical processes that society both draws from and contributes to. In terms of project scope, this article contributes a focused analysis to a much larger ongoing digital rhetoric project. For the larger project, we conducted a discourse analysis on a collection of international publications concerning Babak Parviz and the invention. We searched for and collected newspaper stories, news broadcasts, YouTube videos from various sources, academic journal publications, inventors’ conference presentations, and advertising, all published between January 2008 and May 2014, generating a corpus of more than 600 relevant artifacts. Shortly after this time, Dr. Parviz, a Professor at the University of Washington, left the secretive GoogleX lab and joined Amazon.com (Mac). For this article we focus specifically on the idea of beginnings or genesis and how digital spaces increasingly serve as the grounds for emergent digital cultural phenomena that are rarely recognized as starting points. We searched through the corpus to identify a few exemplary international mainstream news stories to foreground predominant tropes in support of the claim we make that smart contacts lenses are a startling idea. Content producers deliberately use astonishment as a persuasive device. We characterize the idea of a smart contact lens cast in rhetorical terms in order to reveal how its allure works as a process of adaptation. Rhetorician and philosopher, Kenneth Burke writes that “rhetorical language is inducement to action (or to attitude)” (42). A rhetorical approach is instrumental because it offers a model to explain how we deploy, often times, manipulative meaning as senders and receivers while negotiating highly complex constellations of resources and contexts. Burke’s rhetorical theory can show how messages influence and become influenced by powerful hierarchies in discourse that seem transparent or neutral, ones that seem to fade into the background of our consciousness. For this article, we also concentrate on rhetorical devices such as ethos and the inventor’s own appeals through different modes of communication. Ethos was originally proposed by Aristotle to identify speaker credibility as a persuasive tactic. Addressed by scholars of rhetoric for centuries, ethos has been reconfigured by many critical theorists (Burke; Baumlin Ethos; Hyde). Baumlin and Baumlin suggest that “ethos describes an audience’s projection of authority and trustworthiness onto the speaker ... ethos suggests that the ethical appeal to be a radically psychological event situated in the mental processes of the audience – as belonging as much to the audience as to the actual character of a speaker” (Psychology 99). Discussed in the next section, our impression of Parviz and his position as inventor plays a dramatic role in the surfacing of the smart contact lens. Digital Rhetoric is an “emerging scholarly discipline concerned with the interpretation of computer-generated media as objects of study” (Losh 48). In an era when machine-learning algorithms become the messengers for our messages, which have become commodity items operating across globalized, capitalist networks, digital rhetoric provides a stable model for our approach. It leads us to demonstrate how this emergent medium and invention, the smart contact lens, is born amid new digital genres of speculative communication circulated in the everyday forums we engage on a daily basis. Smart Contact Lenses, Sensationalism, and Identity One relevant site for exploration into how an invention gains ethos is through writing or video penned or produced by the inventor. An article authored by Parviz in 2009 discusses his invention and the technical advancements that need to be made before the smart contact lens could work. He opens the article using a fictional and sensationalized analogy to encourage the adoption of his invention: The human eye is a perceptual powerhouse. It can see millions of colors, adjust easily to shifting light conditions, and transmit information to the brain at a rate exceeding that of a high-speed Internet connection.But why stop there?In the Terminator movies, Arnold Schwarzenegger’s character sees the world with data superimposed on his visual field—virtual captions that enhance the cyborg’s scan of a scene. In stories by the science fiction author Vernor Vinge, characters rely on electronic contact lenses, rather than smartphones or brain implants, for seamless access to information that appears right before their eyes. Identity building is made to correlate with smart contact lenses in a manner that frames them as exciting. Coming to terms with them often involves casting us as superhumans, wielding abilities that we do not currently possess. One reason for embellishment is because we do not need digital displays on the eyes, so the motive to use them must always be geared to transcending our assumed present condition as humans and society members. Consequently, imagination is used to justify a shift in human identity along a future trajectory.This passage above also instantiates a transformation from humanist to posthumanist posturing (i.e. “the cyborg”) in order to incent the adoption of smart contact lenses. It begins with the bold declarative statement, “The human eye is a perceptual powerhouse,” which is a comforting claim about our seemingly human superiority. Indexing abstract humanist values, Parviz emphasizes skills we already possess, including seeing a plethora of colours, adjusting to light on the fly, and thinking fast, indeed faster than “a high-speed Internet connection”. However, the text goes on to summon the Terminator character and his optic feats from the franchise of films. Filmic cyborg characters fulfill the excitement that posthuman rhetoric often seems to demand, but there is more here than sensationalism. Parviz raises the issue of augmenting human vision using science fiction as his contextualizing vehicle because he lacks another way to imbricate the idea. Most interesting in this passage is the inventor’s query “But why stop there?” to yoke the two claims, one biological (i.e., “The human eye is a perceptual powerhouse”) and one fictional (i.e. Terminator, Vernor Vinge characters). The query suggests, Why stop with human superiority, we may as well progress to the next level and embrace a smart contact lens just as fictional cyborgs do. The non-threatening use of fiction makes the concept seem simultaneously exciting and banal, especially because the inventor follows with a clear description of the necessary scientific engineering in the rest of the article. This rhetorical act signifies the voice of a technoelite, a heavily-funded cohort responding to global capitalist imperatives armed with a team of technologists who can access technological advancements and imbue comments with an authority that may extend beyond their fields of expertise, such as communication studies, sociology, psychology, or medicine. The result is a powerful ethos. The idea behind the smart contact lens maintains a degree of respectability long before a public is invited to use it.Parviz exhumes much cultural baggage when he brings to life the Terminator character to pitch smart contact lenses. The Terminator series of films has established the “Arnold Schwarzenegger” character a cultural mainstay. Each new film reinvented him, but ultimately promoted him within a convincing dystopian future across the whole series: The Terminator (Cameron), Terminator 2: Judgment Day (Cameron), Terminator 3: Rise of the Machines (Mostow), Terminator Salvation (McG) and Terminator Genisys (Taylor) (which appeared in 2015 after Parviz’s article). Recently, several writers have addressed how cyborg characters figure significantly in our cultural psyche (Haraway, Bukatman; Leaver). Tama Leaver’s Artificial Culture explores the way popular, contemporary, cinematic, science fiction depictions of embodied Artificial Intelligence, such as the Terminator cyborgs, “can act as a matrix which, rather than separating or demarcating minds and bodies or humanity and the digital, reinforce the symbiotic connection between people, bodies, and technologies” (31). Pointing out the violent and ultimately technophobic motive of The Terminator films, Leaver reads across them to conclude nevertheless that science fiction “proves an extremely fertile context in which to address the significance of representations of Artificial Intelligence” (63).Posthumanism and TechnogenesisOne reason this invention enters the public’s consciousness is its announcement alongside a host of other technologies, which seem like parts of a whole. We argue that this constant grouping of technologies in the news is one process indicative of technogenesis. For example, City A.M., London’s largest free commuter daily newspaper, reports on the future of business technology as a hodgepodge of what ifs: As Facebook turns ten, and with Bill Gates stepping down as Microsoft chairman, it feels like something is drawing to an end. But if so, it is only the end of the technological revolution’s beginning ... Try to look ahead ten years from now and the future is dark. Not because it is bleak, but because the sheer profusion of potential is blinding. Smartphones are set to outnumber PCs within months. After just a few more years, there are likely to be 3bn in use across the planet. In ten years, who knows – wearables? smart contact lenses? implants? And that’s just the start. The Internet of Things is projected to be a $300bn (£183bn) industry by 2020. (Sidwell) This reporting is a common means to frame the commodification of technology in globalized business news that seeks circulation as much as it does readership. But as a text, it also posits how individuals frame the future and their participation with it (Pedersen). Smart contacts appear to move along this exciting, unstoppable trajectory where the “potential is blinding”. The motive is to excite and scare. However, simultaneously, the effect is predictable. We are quite accustomed to this march of innovations that appears everyday in the morning paper. We are asked to adapt rather than question, consequently, we never separate the parts from the whole (e.g., “wearables? smart contact lenses? Implants”) in order to look at them critically.In coming to terms with Cary Wolf’s definition of posthumanism, Greg Pollock writes that posthumanism is the questioning that goes on “when we can no longer rely on ‘the human’ as an autonomous, rational being who provides an Archimedean point for knowing about the world (in contrast to “humanism,” which uses such a figure to ground further claims)” (208). With similar intent, N. Katherine Hayles formulating the term technogenesis suggests that we are not really progressing to another level of autonomous human existence when we adopt media, we are in effect, adapting to media and media are also in a process of adapting to us. She writes: As digital media, including networked and programmable desktop stations, mobile devices, and other computational media embedded in the environment, become more pervasive, they push us in the direction of faster communication, more intense and varied information streams, more integration of humans and intelligent machines, and more interactions of language with code. These environmental changes have significant neurological consequences, many of which are now becoming evident in young people and to a lesser degree in almost everyone who interacts with digital media on a regular basis. (11) Following Hayles, three actions or traits characterize adaptation in a manner germane to the technogenesis of media like smart contact lenses. The first is “media embedded in the environment”. The trait of embedding technology in the form of sensors and chips into external spaces evokes the onset of The Internet of Things (IoT) foundations. Extensive data-gathering sensors, wireless technologies, mobile and wearable components integrated with the Internet, all contribute to the IoT. Emerging from cloud computing infrastructures and data models, The IoT, in its most extreme, involves a scenario whereby people, places, animals, and objects are given unique “embedded” identifiers so that they can embark on constant data transfer over a network. In a sense, the lenses are adapted artifacts responding to a world that expects ubiquitous networked access for both humans and machines. Smart contact lenses will essentially be attached to the user who must adapt to these dynamic and heavily mediated contexts.Following closely on the first, the second point Hayles makes is “integration of humans and intelligent machines”. The camera embedded in the smart contact lens, really an adapted smartphone camera, turns the eye itself into an image capture device. By incorporating them under the eyelids, smart contact lenses signify integration in complex ways. Human-machine amalgamation follows biological, cognitive, and social contexts. Third, Hayles points to “more interactions of language with code.” We assert that with smart contact lenses, code will eventually govern interaction between countless agents in accordance with other smart devices, such as: (1) exchanges of code between people and external nonhuman networks of actors through machine algorithms and massive amalgamations of big data distributed on the Internet;(2) exchanges of code amongst people, human social actors in direct communication with each other over social media; and (3) exchanges of coding and decoding between people and their own biological processes (e.g. monitoring breathing, consuming nutrients, translating brainwaves) and phenomenological (but no less material) practices (e.g., remembering, grieving, or celebrating). The allure of the smart contact lens is the quietly pressing proposition that communication models such as these will be radically transformed because they will have to be adapted to use with the human eye, as the method of input and output of information. Focusing on genetic engineering, Eugene Thacker fittingly defines biomedia as “entail[ing] the informatic recontextualization of biological components and processes, for ends that may be medical or nonmedical (economic, technical) and with effects that are as much cultural, social, and political as they are scientific” (123). He specifies, “biomedia are not computers that simply work on or manipulate biological compounds. Rather, the aim is to provide the right conditions, such that biological life is able to demonstrate or express itself in a particular way” (123). Smart contact lenses sit on the cusp of emergence as a biomedia device that will enable us to decode bodily processes in significant new ways. The bold, technical discourse that announces it however, has not yet begun to attend to the seemingly dramatic “cultural, social, and political” effects percolating under the surface. Through technogenesis, media acclimatizes rapidly to change without establishing a logic of the consequences, nor a design plan for emergence. Following from this, we should mention issues such as the intrusion of surveillance algorithms deployed by corporations, governments, and other hegemonic entities that this invention risks. If smart contact lenses are biomedia devices inspiring us to decode bodily processes and communicate that data for analysis, for ourselves, and others in our trust (e.g., doctors, family, friends), we also need to be wary of them. David Lyon warns: Surveillance has spilled out of its old nation-state containers to become a feature of everyday life, at work, at home, at play, on the move. So far from the single all-seeing eye of Big Brother, myriad agencies now trace and track mundane activities for a plethora of purposes. Abstract data, now including video, biometric, and genetic as well as computerized administrative files, are manipulated to produce profiles and risk categories in a liquid, networked system. The point is to plan, predict, and prevent by classifying and assessing those profiles and risks. (13) In simple terms, the smart contact lens might disclose the most intimate information we possess and leave us vulnerable to profiling, tracking, and theft. Irma van der Ploeg presupposed this predicament when she wrote: “The capacity of certain technologies to change the boundary, not just between what is public and private information but, on top of that, between what is inside and outside the human body, appears to leave our normative concepts wanting” (71). The smart contact lens, with its implied motive to encode and disclose internal bodily information, needs considerations on many levels. Conclusion The smart contact lens has made a digital beginning. We accept it through the mass consumption of the idea, which acts as a rhetorical motivator for media adoption, taking place long before the device materializes in the marketplace. This occurrence may also be a sign of our “posthuman predicament” (Braidotti). We have argued that the smart contact lens concept reveals our posthuman adaptation to media rather than our reasoned acceptance or agreement with it as a logical proposition. By the time we actually squabble over the price, express fears for our privacy, and buy them, smart contact lenses will long be part of our everyday culture. References Baumlin, James S., and Tita F. Baumlin. “On the Psychology of the Pisteis: Mapping the Terrains of Mind and Rhetoric.” Ethos: New Essays in Rhetorical and Critical Theory. Eds. James S. 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