Journal articles on the topic 'Corporations Taxation Law and legislation Australia'

Digital currency is a ‘disrupter’ of financial services and currency markets, and as such presents new regulatory challenges. International regulatory responses to digital currency range from being largely ignored in some jurisdictions to being banned in others, with most jurisdictions charting a middle course of ‘wait and see’ while attempting to deal with pressing issues (such as taxation liability and potential money laundering and terrorism financing issues). This article explains digital currency, its benefits, its problems, its risks and the regulatory response so far. It analyses the extent to which the Australian Securities and Investments Commission (ASIC, the national securities regulator) may or may not have regulatory power and jurisdiction under existing Australian law, and the role of other relevant regulators and institutions. It concludes that digital currency may well be a ‘financial product’ under Corporations Act 2001 (Cth) s 763A (though many suppliers/issuers of that product will be website operators located outside Australia). If it is a financial product, ASIC would also have jurisdiction over issuers and markets that trade in that product. This conclusion could easily be fortified by legislative confirmation; however, it is suggested that ASIC should in all events test its powers to determine whether any legislative change is needed. Regulation by ASIC would add to recent moves to deal with digital currency by the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Taxation Office (ATO). In all cases, this article argues that the time has come for Commonwealth regulation of digital currencies by ASIC as the relevant regulator. This would then trigger the obligations set out in the Corporations Act and the ASIC Act, including Australian Financial Services Licensing, Australian Market Licensing, standards of efficiency, honesty and fairness, disclosure provisions, possible market offences and corporate regulation generally. The suggested jurisdiction of ASIC would build on its existing role as well as the roles of the Australian Competition and Consumer Commission, the ATO and AUSTRAC.

The subject of this research is the transfer-pricing rules applied in various countries, their peculiarities and flaws from the standpoint of approach to taxation of transnational corporations overall; as well as practical issues of implementation of transfer-pricing rules for transnational corporations and fiscal authorities, namely the problems of avoidance of taxation by the representatives of transnational corporations and ambiguity of the applied approaches towards regulation. The author examines differences in the rules applied by various jurisdictions, as well as law enforcement problems emerging thereof. Relevance of the topic is substantiated by high significance of transfer-pricing rules for taxation of transnational corporations, as well as the need for ensuring universality in international taxation. The main conclusions lie in determination of substantial ambiguity in the transfer-pricing riles, associated with the lack of information on comparable transaction in the available information systems, as well as assessment of rules with regards to each individual situation. The mechanism employed by the Organization for Economic Cooperation, aimed ate elimination of flaws in transfer-pricing rules, such as consensual procedure, are expensive and often ineffective for transnational corporations. Therefore, elimination of dual taxation is achieved only in some situations. Differences of legislation on transfer pricing in various jurisdictions can also lead to dual taxation of transnational corporations. Moreover, the “arm’s length” principle do not allow reflecting synergetic effects that emerge in the context of activity of transnational corporation, and thus, definition of taxation base within the framework of acting transfer-pricing rules is incomplete.

Tax legislation traditionally distinguishes between returns on investment paid on equity and debt instruments. In the main, returns on debt instruments (interest payments) are deductible for the paying company, while distributions on equity instruments (dividends) are not. This difference in taxation can be exploited using hybrid instruments and often leads to a debt bias in investment patterns. South Africa, Australia and Canada have specific rules designed to prevent the circumvention of tax liability when company distributions are made in respect of hybrid instruments. In principle, Australia and Canada apply a more robust approach to prevent tax avoidance and also tend to include a wider range of transactions, as well as an unlimited time period in their regulation of the taxation of distributions on hybrid instruments. In addition to the anti-avoidance function, a strong incentive is created for taxpayers in Australia and Canada to invest in equity instruments as opposed to debt. This article suggests that South Africa should align certain principles in its specific rules regulating hybrid instruments with those in Australia and Canada to ensure optimal functionality of the South African tax legislation. The strengthening of domestic tax law will protect the South African tax base against base erosion and profit shifting through the use of hybrid instruments.

This paper examines the nature of the taxation profession in Australia and its development over the past three decades and then suggests a framework to analyse important initiatives that have taken place during this period. Using secondary sources and the organizing principles of State, Market and Community (Puxty et al., 1987), we begin with the subject of tax policies and legislation introduced by the state and its impact on the tax profession in Australia. We follow this with a discussion relating to the recognition of Australian tax practice as a profession. The paper then focusses on two key areas of professional development during the last three decades, namely: tax law and tax administration. The paper finds interesting issues relating to professionalization of taxation in Australia. With the involvement of the state, market and the society over the last three decades, there is a requirement to recognise taxation practice as a profession in Australia. The paper suggests that the establishment of the Tax Practitioners Board[1], a statutory body to regulate the taxation profession in Australia, in conjunction with approved professional associations, may have enhanced the effective maintenance of the tax profession which has contributed to social, political and economic development in Australia. [1] The Minister for Revenue and Financial Services appoint the Board, so there is some degree of control by the state.

Throughout the world, the corporate group structure has long proved troublesome to the creditors, and particularly the tort creditors, of undercapitalised subsidiary companies. In the wake of Australia's James Hardie asbestos compensation inquiry, Senior Counsel assisting the Jackson Special Commission, Mr John Sheahan QC, called for the Commission to ‘recommend reform of the Corporations Act so as to restrict the application of the limited liability principle as regards liability for damages for personal injury or death caused by a company that is part of a corporate group...’. Following this call, in May 2008 the Corporations and Markets Advisory Committee released a report on long-tail liabilities, making various recommendations for reform. Separately, legislation was passed making pooling available for insolvent group companies in Australia. This paper examines the long-tail liability suggestions and the 2007 pooling amendments. It will be argued that neither of these is adequate for the proper protection of tort creditors of insolvent subsidiaries. It then considers international alternatives which might satisfy Mr Sheahan's appeal for reform.

The problem of qualification of property became urgent in 2019, when corporate property tax was levied on movable property. Tax authorities began to reclassify movable property into immovable property, using the terms and constructions of civil legislation. This article examines such legal constructs as a single real estate complex, and its impact upon taxation of corporate property. Special attention given to the following questions: 1. What objects can be incorporated into a single real estate complex? 2. Whether the range of objects united by a single technological network can be recognized as a single real estate complex, if the right to ownership is not registered as for a single immovable object in the uniform state register? Based on the analysis of the actual arbitration cases, it is concluded that the concept of a single real estate complex was completely revised by the tax authorities, and then by the courts, violating the goals pursued by the legislator, who tried to encourage corporations to renovate fixed assets, intentionally excluding movable property as the object of taxation in the context of corporate property tax. The author concludes that the interpretation of the terms of civil legislation proposed by tax authorities and established in case law led to unfeasibility of the goals set for the legislator, as well as to violation of the fundamental tax principles.

This article focuses on an Australian piece of legislation and interesting case law, as well as how the Federal Court of Australia has applied Australia’s Corporations Act 2001, to characterise a person as a de facto director – that is, as a professed director whose appointment as such was defective. In this regard, the decisions of that Court will, as envisaged in the Constitution of the Republic of South Africa 1996, constitute persuasive authority. The Australian decision to be discussed in this article is significant in that the South African Companies Act 71 of 2008 does not contain substantively similar provisions to those of Australia’s Corporations Act 2001. For example, section 66(7) of the Companies Act 2008, contains the phrase “entitled to serve” as a director. This article explains the legal implications relevant to that expression, including whether it imposes a statutory condition precedent. This article also considers the validity of decisions taken by a person who is not “entitled to serve” as a director.

This article focusses on a very specific problem statement, namely how shareholder society relationships are viewed in Australia and South Africa. Friendly societies are special "legal creatures" enjoying legal personality from the date and time of their registration (not as companies). In South Africa friendly societies have been in existence for more than 160 years, with the latest legislation being promulgated in 1956. As an unregistered company, the friendly society forms part of the South African business enterprise landscape and has both members and shareholders. The legal relationships between members and shareholders and the payment of a dividend are unclear in the Friendly Society Act, 1956, and are generally regulated by the constitution or memorandum of incorporation of the friendly society. In Australia friendly societies developed approximately 200 years ago. In 1999 friendly society legislation was repealed by the Financial Sector Reform Act, 1999, in terms of which friendly societies had to convert to companies either as companies limited by guarantee or public companies as regulated by the Corporations Act, 2001. Prior to 1999, friendly societies were largely regulated by the Queensland Friendly Society Act, 1997 as unregistered companies. The Code regulated the relationships between members and shareholders and the payment of dividends. In this article we also focus on Australian friendly societies after 1999 and how they compare with South African friendly societies with regard to the member/shareholder relationships and the payment of dividends.

The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions) Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016) has been adopted in the South African Companies Act of 2008. The goal(s) of corporate rescue in some of these jurisdictions are not clearly defined. The paper examines, through a comparative analysis, the relevant statutory provisions in the United Kingdom, India, Australia and South Africa and the attendant judicial interpretations of those provisions with a view to discovering the goal(s) of corporate rescue in those jurisdictions. It is argued that while under the United Kingdom and Australian statutory provisions, the administrator could pursue alternative goals of either rescuing the company or achieving better results for the creditors; the South African and Indian statutory provisions do not provide such alternatives. The seeming ancillary purpose of crafting a fair deal for the stakeholders under the South African Companies Act’s provision is not sustainable if the company as an entity cannot be rescued.

Tim Edgar's passing in December 2016 dealt a severe blow to tax scholarship in Canada and globally, not to mention being a sad loss for this journal, to which he was a contributor for over three decades. Tim's books, journal articles, and book chapters spanned a wide spectrum of tax policy issues and have played a central role in helping policy makers, academics, and students understand some of the most conceptually and technically difficult areas of tax law. Tim's book on the taxation of financial arrangements, published by the Canadian Tax Foundation, is viewed by policy makers worldwide as the definitive authority on the subject, setting out a principled path to carving out the debt component of financial instruments and subjecting it to neutral accrual taxation. In a closely related area, his detailed analysis of the difficulties confronting policy makers who seek a neutral application of the goods and services tax (GST) to financial supplies is considered to be foundational work in the field, and his proposal to remove the tax from business-to-business supplies has been adopted directly in New Zealand and via an indirect mechanism in Singapore. Tim's work on the general anti-avoidance rule is cited time and again as a key treatment of the topic, while his proposal to extend thin capitalization rules to outbound investment has been adopted in Australia. Tim's comprehensive analysis of the Canadian pseudo-imputation system opens the door to a much-needed reconsideration of the system. The more challenging the subject matter, the deeper Tim investigated and methodically dissected the topic to arrive at reasoned recommendations for reform. Tim's work will continue to be read, cited, and applied in practice for many years.

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.

Purpose A taxpayer who gets caught under Part VII of the Mauritius Income Tax Act is subjected to a corrective measure only in the form of payment of the amount of tax that would have been due in the absence of the avoidance arrangement, but the consequences set out in the same section do not result in any disincentive to the taxpayer that would ensure the prevention of the occurrence of such type of anti-avoidance practices in the future. This study aims to investigate the effectiveness of the anti-avoidance provisions in the Mauritius legislation as a weapon against impermissible tax avoidance, and the study also intends to critically analyse the remedies available against taxpayers who enter into impermissible tax avoidance transactions. Design/methodology/approach The methodology adopted for this qualitative study consists of a critical analysis and comparative legal review of the relevant legislation, case laws and literature. The anti-avoidance provisions of the Mauritius legislation will be compared with similar provisions of legislations of countries that have rigid preventive rules for anti-avoidance practices, and the selected countries are the UK and Australia because each country has been successful in diminishing the tax avoidances practices further to the imposition of penalties for impermissible tax avoidance. The black letter approach will also be used through which existing legal provisions, judicial doctrines, scholar articles and budget speeches governing anti-avoidance provisions for each country identified will be analysed. Findings Further to an analysis of the substantial differences between Mauritius anti-avoidance legal provisions and those of the UK and Australia, it is found that the backing of corrective actions by penalties act as a disincentive to prohibit impermissible anti-avoidance practices. The study concludes that, where there is abuse of law, the law needs to provide for penalties that must be suffered by the abuser, and hence, the study calls for an amendment in the Mauritius Income Tax Act to strengthen anti-avoidance provisions, by adopting similar provisions of the laws of Australia and the UK. Originality/value At present, there is no Mauritius literature on the researched topic, and this study will be one of the first academic writings on the subject of penalties for impermissible tax avoidance in Mauritius. The study is a new and unique topic in Mauritius, and for that reason, the study will largely rely on foreign sources that deal with penalties for impermissible tax avoidance, and this will include the Australian Taxation Administrative Act 1953, Australian case laws and the UK Finance Act 2016. This study is being carried out with the view to provide insightful recommendations to the stakeholders concerned in Mauritius to enhance the revenue collection avenues and methodologies for the Mauritius revenue authorities.

The paper presents the analysis of the approaches to define the areas of research on the injury, damage and harm to human health in criminal law. The obtained results proved that crimes, connected to drugs abuse, their legislation become an essential part of the issues. At the same, developing of government control, medical standards, improving quality of medical education balancing the «medical mistake – injury to human’s health – jurisprudence consequences» triangle in the tendency of the injury, damage and harm in criminal laware becoming very important to the healthcare system due to increasing requirements of regulators, customers and shareholders. The paper aimed to analyse the tendency in the literature on the injury, damage and harm in criminal law, which published in books, journals, conference proceedings etc. to identify future research directions. The methodological tools are VOSviewer, Scopus and Web of Science (WoS) software. This study covers 1072 papers from Scopus and WoS database. The time for analysis were 1970-2020. The Scopus and WoS analyse showed that in 2012-2019 the numbers of papers on the injury, damage and harm in criminal law issues began to increase. However, the topics changed from general issues to the problem of decriminalisation of drug trafficking, and the corresponding paradigm shift in the punishment of some crimes, increasing interest in punishing corporations for violating environmental regulations. In 2017 the number of documents dedicated to injury, damage and harm in criminal law was increased by 667% compared to 2012. The main subject areas of analyses of the injury, damage and harm in criminal law were the next: Law, Public environmental, occupational health, Criminology penology, Substance abuse, Psychiatry, Medicine. The biggest amount of investigations of the injury, damage and harm in criminal law was published by the scientists from the USA, United Kingdom, Australia and Canada. In 2019 such journals with high impact factor as International Journal of Drug Policy, International Journal of Law and Psychiatry, The Lancet etc. published the number of issues, which analysed of the injury, damage and harm to human health in criminal law. Such results proved that theme on the injury, damage and harm to human health in criminal law is actually in the ongoing trends of the modern jurisprudence and regulation. The findings from VOSviewer defined 6 clusters of the papers which analysed the injury, damage and harm to human health in criminal law from the different points of views. The first biggest cluster (with the biggest number of connections) merged the keywords as follows: criminal justice, law enforcement, public health, health care policy, harm reduction, drug legislation, drug and narcotic control, substance abuse, homelessness etc. The second significant cluster integrated the keywords as follows: criminal behaviour, crime victim, adolescent, violence, mental health, mental disease, prisoner, young people, rape, police etc. The third biggest cluster concentrated on criminal aspects of jurisprudence, criminal law, human right, legal liability, social control, government regulation etc. The obtained results allow concluding that balancing the triangles «medical mistakes – criminal – education» and «drugs – criminal – justice» and «abortion – criminal – women/children» form an important part of the injury, damage and harm in criminal law issues. Keywords injury, damage, harm, human health, criminal law, management, governance.

Penghindaran pajak yang dilakukan dengan skema tertentu oleh wajib pajak badan, dalam hal ini korporasi telah menjadi permasalahan yang sulit diatasi dengan instrumen perundang-undangan yang ada saat ini khususnya melalui ketentuan pidana. Penelitian ini bertujuan menganalisis efektivitas Undang Undang Ketentuan Umum Perpajakan Nomor 6 Tahun 1983 sebagaimana telah diubah berdasarkan Undang Undang Nomor 16 Tahun 2009 (selanjutnya disebut UU KUP), spesifik ketentuan pidananya dalam mengatasi penghindaran pajak oleh wajib pajak badan. Penelitian ini merupakan penelitian hukum normatif, dengan pendekatan kualitatif. Data disajikan secara deskriptif untuk mendapatkan kesimpulan yang terkait setiap pokok penelitian. Hasil penelitian ini menunjukkan masih kurang memadainya perangkat pidana dalam UU KUP, diindikasikan dengan masih tingginya nilai penghindaran pajak oleh wajib pajak badan. Pembinaan wajib pajak sebagai tujuan pidana pajak tidaklah berjalan semestinya, terlihat dari kultur pajak wajib pajak badan yang masih menganggap pajak sebagai beban untuk diefisienkan, mulai dari pelaku usaha, hingga akademisi. Dalam penerapannya, pidana pajakpun diterapkan sesuai unsur subjektif dan objektif ketentuan pidana Pasal 38-39 UU KUP. Namun UU KUP ternyata masih menganut pemidanaan terhadap orang pribadi sebagaimana dianut KUHP/KUHAP tanpa ada penjelasan lebih lanjut, sehingga menjadi masalah dalam penerapannya terhadap korporasi. Namun dengan adanya Perma Nomor 13 Tahun 2016 maka hal itu dapat dilakukan, meskipun bersifat formil. Disisi lain, pidana UU perpajakan meskipun dikatakan menganut asas ultimum remedium namun kenyataannya, ketentuan pidananya masih banyak yang menganut pidana sebagai premium remedium.Tax evasion by the corporate taxpayer has become difficult to overcome with existing legislation instrument especially by criminal law. This research analyzes the effectiveness of Law Number 6 of 1983 on General Provisions of Taxation as amended by Law Number 16 of 2009 (hereinafter UU KUP), Specifically through its criminal provision, against the corporate taxpayer. This research was a normative legal research with qualitative analysis method. The research was presented descriptively in order to draw the conclusion about each subject of the research. The research result showed the inadequate enforcement of UU KUP showing the high indication of the tax evasion by the corporate taxpayer. The control system of the taxpayer through criminal sanction had not run effectively, it was seen by the culture of the corporate taxpayer who still regards taxes as burdens to be addressed, ranging from business actors to academics. Furthermore, the tax crime was applied according to the subjective and objective elements of the criminal regulation Article 38-39 of UU KUP. However, UU KUP holds punishment system against only individuals as a law subject without any further explanation, as adopted by KUHP / KUHAP. Thus becoming a problem in its application to corporations. Nevertheless, with the presence of Supreme Court Regulation Number 13 of 2016, this case could be done, although it is still a formal regulation. On the other hand, the taxation law, though it was said that it held the principle of ultimum remedium, in reality, its criminal provision was still much embraced the crime as the premium remedium.

For many companies, shareholders are arguably the most importantstakeholders. By providing firms with capital via the purchase of shares, investorsexpect a profitable distribution of earnings, most commonly in the form ofdividends. Jurisdictions in different nations, such as Vietnam and Australia (theobjects of this statutory comparative analysis), have adopted various approachesregarding the taxation of company earnings and dividends, which may haveconsiderable economic and social implications. This paper conducts a rigorousanalysis which examines both the Australian and Vietnamese taxation rules ondividends, as well as evaluating whether the law in one country is preferable tothe other. The qualitative methodology employed was statutory case oriented evaluation which scrutinizes the operation of specific statutory policies, how those policies function comparatively, and the concomitant outcomes each respectivepolicy produces. The comparative case analysis demonstrates that Vietnam, as adeveloping economic force in Southeast Asia, can increase the allure of capitalinvestment by adopting dividend taxation laws more favorable to investors. Keywords - Taxation, Corporations Law, Dividends, Capital Investment, EconomicTheory, Foreign Trade, Economic Growth, Stimulus, Income Tax, DescriptiveResearch, Australia, Vietnam

The Tax Cuts and Jobs Act made significant changes to the U.S. taxation of foreign earnings. The most significant change is the 100 percent dividends-received deduction that generally applies to income earned by foreign subsidiaries. This represents a shift from U.S. tax deferral to U.S. tax exemption of foreign profits, which increases the potential benefit to shifting U.S. income to low-tax foreign jurisdictions. To limit this potential income shifting, Congress enacted new rules, known as GILTI, to supplement the already existing Subpart F rules. In this article, we briefly review the history of U.S. international tax policy and analyze the technical aspects of GILTI. We then discuss some general tax planning strategies and propose four specific tax strategies for companies to consider for minimizing the increased tax burden associated with GILTI. Lastly, we consider whether GILTI is good tax policy and make recommendations to improve the legislation.

In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.

Introduction This article explores the changing relational quality of “the shadow of hierarchy”, in the context of the merging of platforms with infrastructure as the source of the shadow of hierarchy. In governance and regulatory studies, the shadow of hierarchy (or variations thereof), describes the space of influence that hierarchal organisations and infrastructures have (Héritier and Lehmkuhl; Lance et al.). A shift in who/what casts the shadow of hierarchy will necessarily result in changes to the attendant relational values, logics, and (techno)socialities that constitute the shadow, and a new arrangement of shadow that presents new challenges and opportunities. This article reflects on relevant literature to consider two different ways the shadow of hierarchy has qualitatively changed as platforms, rather than infrastructures, come to cast the shadow of hierarchy – an increase in scalability; and new socio-technical arrangements of (non)participation – and the opportunities and challenges therein. The article concludes that more concerted efforts are needed to design the shadow, given a seemingly directionless desire to enact data-driven solutions. The Shadow of Hierarchy, Infrastructures, and Platforms The shadow of hierarchy refers to how institutional, infrastructural, and organisational hierarchies create a relational zone of influence over a particular space. This commonly refers to executive decisions and legislation created by nation states, which are cast over private and non-governmental actors (Héritier and Lehmkuhl, 2). Lance et al. (252–53) argue that the shadow of hierarchy is a productive and desirable thing. Exploring the shadow of hierarchy in the context of how geospatial data agencies govern their data, Lance et al. find that the shadow of hierarchy enables the networked governance approaches that agencies adopt. This is because operating in the shadow of institutions provides authority, confers bureaucratic legitimacy and top-down power, and offers financial support. The darkness of the shadow is thus less a moral or ethicopolitical statement (such as that suggested by Fisher and Bolter, who use the idea of darkness to unpack the morality of tourism involving death and human suffering), and instead a relationality; an expression of differing values, logics, and (techno)socialities internal and external to those infrastructures and institutions that cast it (Gehl and McKelvey). The shadow of hierarchy might therefore be thought of as a field of relational influences and power that a social body casts over society, by virtue of a privileged position vis-a-vis society. It modulates society’s “light”; the resources (Bourdieu) and power relationships (Foucault) that run through social life, as parsed through a certain institutional and infrastructural worldview (the thing that blocks the light to create the shadow). In this way the shadow of hierarchy is not a field of absolute blackness that obscures, but instead a gradient of light and dark that creates certain effects. The shadow of hierarchy is now, however, also being cast by decentralised, privately held, and non-hierarchal platforms that are replacing or merging with public infrastructure, creating new social effects. Platforms are digital, socio-technical systems that create relationships between different entities. They are most commonly built around a relatively fixed core function (such as a social media service like Facebook), that then interacts with a peripheral set of complementors (advertising companies and app developers in the case of social media; Baldwin and Woodard), to create new relationships, forms of value, and other interactions (van Dijck, The Culture of Connectivity). In creating these relationships, platforms become inherently political (Gillespie), shaping relationships and content on the platform (Suzor) and in embodied life (Ajunwa; Eubanks). While platforms are often associated with optional consumer platforms (such as streaming services like Spotify), they have increasingly come to occupy the place of public infrastructure, and act as a powerful enabler to different socio-technical, economic, and political relationships (van Dijck, Governing Digital Societies). For instance, Plantin et al. argue that platforms have merged with infrastructures, and that once publicly held and funded institutions and essential services now share many characteristics with for-profit, privately held platforms. For example, Australia has had a long history of outsourcing employment services (Webster and Harding), and nearly privatised its entire visa processing data infrastructure (Jenkins). Platforms therefore have a greater role in casting the shadow of hierarchy than before. In doing so, they cast a shadow that is qualitatively different, modulated through a different set of relational values and (techno)socialities. Scalability A key difference and selling point of platforms is their scalability; since they can rapidly and easily up- and down-scale their functionalities in a way that traditional infrastructure cannot (Plantin et al.). The ability to respond “on-demand” to infrastructural requirements has made platforms the go-to service delivery option in the neo-liberalised public infrastructure environment (van Dijck, Governing Digital Societies). For instance, services providers like Amazon Web Services or Microsoft Azure provide on demand computing capacity for many nations’ most valuable services, including their intelligence and security capabilities (Amoore, Cloud Ethics; Konkel). The value of such platforms to government lies in the reduced cost and risk that comes with using rented capabilities, and the enhanced flexibility to increase or decrease their usage as required, without any of the economic sunk costs attached to owning the infrastructure. Scalability is, however, not just about on-demand technical capability, but about how platforms can change the scale of socio-technical relationships and services that are mediated through the platform. This changes the relational quality of the shadow of hierarchy, as activities and services occurring within the shadow are now connected into a larger and rapidly modulating scale. Scalability allows the shadow of hierarchy to extend from those in proximity to institutions to the broader population in general. For example, individual citizens can more easily “reach up” into governmental services and agencies as a part of completing their everyday business through platform such as MyGov in Australia (Services Australia). Using a smartphone application, citizens are afforded a more personalised and adaptive experience of the welfare state, as engaging with welfare services is no-longer tied to specific “brick-and-mortar” locations, but constantly available through a smartphone app and web portal. Multiple government services including healthcare and taxation are also connected to this platform, allowing users to reach across multiple government service domains to complete their personal business, seeking information and services that would have once required separate communications with different branches of government. The individual’s capacities to engage with the state have therefore upscaled with this change in the shadow, retaining a productivity and capacity enhancing quality that is reminiscent of older infrastructures and institutions, as the individual and their lived context is brought closer to the institutions themselves. Scale, however, comes with complications. The fundamental driver for scalability and its adaptive qualities is datafication. This means individuals and organisations are inflecting their operational and relational logics with the logic of datafication: a need to capture all data, at all times (van Dijck, Datafication; Fourcade and Healy). Platforms, especially privately held platforms, benefit significantly from this, as they rely on data to drive and refine their algorithmic tools, and ultimately create actionable intelligence that benefits their operations. Thus, scalability allows platforms to better “reach down” into individual lives and different social domains to fuel their operations. For example, as public transport services become increasingly datafied into mobility-as-a-service (MAAS) systems, ride sharing and on-demand transportation platforms like Uber and Lyft become incorporated into the public transport ecosystem (Lyons et al.). These platforms capture geospatial, behavioural, and reputational data from users and drivers during their interactions with the platform (Rosenblat and Stark; Attoh et al.). This generates additional value, and profits, for the platform itself with limited value returned to the user or the broader public it supports, outside of the transport service. It also places the platform in a position to gain wider access to the population and their data, by virtue of operating as a part of a public service. In this way the shadow of hierarchy may exacerbate inequity. The (dis)benefits of the shadow of hierarchy become unevenly spread amongst actors within its field, a function of an increased scalability that connects individuals into much broader assemblages of datafication. For Eubank, this can entrench existing economic and social inequalities by forcing those in need to engage with digitally mediated welfare systems that rely on distant and opaque computational judgements. Local services are subject to increased digital surveillance, a removal of agency from frontline advocates, and algorithmic judgement at scale. More fortunate citizens are also still at risk, with Nardi and Ekbia arguing that many digitally scaled relationships are examples of “heteromation”, whereby platforms convince actors in the platform to labour for free, such as through providing ratings which establish a platform’s reputational economy. Such labour fuels the operation of the platform through exploiting users, who become both a product/resource (as a source of data for third party advertisers) and a performer of unrewarded digital labour, such as through providing user reviews that help guide a platform’s algorithm(s). Both these examples represent a particularly disconcerting outcome for the shadow of hierarchy, which has its roots in public sector institutions who operate for a common good through shared and publicly held infrastructure. In shifting towards platforms, especially privately held platforms, value is transmitted to private corporations and not the public or the commons, as was the case with traditional infrastructure. The public also comes to own the risks attached to platforms if they become tied to public services, placing a further burden on the public if the platform fails, while reaping none of the profit and value generated through datafication. This is a poor bargain at best. (Non)Participation Scalability forms the basis for a further predicament: a changing socio-technical dynamic of (non)participation between individuals and services. According to Star (118), infrastructures are defined through their relationships to a given context. These relationships, which often exist as boundary objects between different communities, are “loosely structured in common use, and become tightly bound in particular locations” (Star, 118). While platforms are certainly boundary objects and relationally defined, the affordances of cloud computing have enabled a decoupling from physical location, and the operation of platforms across time and space through distributed digital nodes (smartphones, computers, and other localised hardware) and powerful algorithms that sort and process requests for service. This does not mean location is not important for the cloud (see Amoore, Cloud Geographies), but platforms are less likely to have a physically co-located presence in the same way traditional infrastructures had. Without the same institutional and infrastructural footprint, the modality for participating in and with the shadow of hierarchy that platforms cast becomes qualitatively different and predicated on digital intermediaries. Replacing a physical and human footprint with algorithmically supported and decentralised computing power allows scalability and some efficiency improvements, but it also removes taken-for-granted touchpoints for contestation and recourse. For example, ride-sharing platform Uber operates globally, and has expressed interest in operating in complement to (and perhaps in competition with) public transport services in some cities (Hall et al.; Conger). Given that Uber would come to operate as a part of the shadow of hierarchy that transport authorities cast over said cities, it would not be unreasonable to expect Uber to be subject to comparable advocacy, adjudication, transparency, and complaint-handling requirements. Unfortunately, it is unclear if this would be the case, with examples suggesting that Uber would use the scalability of its platform to avoid these mechanisms. This is revealed by ongoing legal action launched by concerned Uber drivers in the United Kingdom, who have sought access to the profiling data that Uber uses to manage and monitor its drivers (Sawers). The challenge has relied on transnational law (the European Union’s General Data Protection Regulation), with UK-based drivers lodging claims in Amsterdam to initiate the challenge. Such costly and complex actions are beyond the means of many, but demonstrate how reasonable participation in socio-technical and governance relationships (like contestations) might become limited, depending on how the shadow of hierarchy changes with the incorporation of platforms. Even if legal challenges for transparency are successful, they may not produce meaningful change. For instance, O’Neil links algorithmic bias to mathematical shortcomings in the variables used to measure the world; in the creation of irritational feedback loops based on incorrect data; and in the use of unsound data analysis techniques. These three factors contribute to inequitable digital metrics like predictive policing algorithms that disproportionately target racial minorities. Large amounts of selective data on minorities create myopic algorithms that direct police to target minorities, creating more selective data that reinforces the spurious model. These biases, however, are persistently inaccessible, and even when visible are often unintelligible to experts (Ananny and Crawford). The visibility of the technical “installed base” that support institutions and public services is therefore not a panacea, especially when the installed base (un)intentionally obfuscates participation in meaningful engagement like complaints handling. A negative outcome is, however, also not an inevitable thing. It is entirely possible to design platforms to allow individual users to scale up and have opportunities for enhanced participation. For instance, eGovernance and mobile governance literature have explored how citizens engage with state services at scale (Thomas and Streib; Foth et al.), and the open government movement has demonstrated the effectiveness of open data in understanding government operations (Barns; Janssen et al.), although these both have their challenges (Chadwick; Dawes). It is not a fantasy to imagine alternative configurations of the shadow of hierarchy that allow more participatory relationships. Open data could facilitate the governance of platforms at scale (Box et al.), where users are enfranchised into a platform by some form of membership right and given access to financial and governance records, in the same way that corporate shareholders are enfranchised, facilitated by the same app that provides a service. This could also be extended to decision making through voting and polling functions. Such a governance form would require radically different legal, business, and institutional structures to create and enforce this arrangement. Delacoix and Lawrence, for instance, suggest that data trusts, where a trustee is assigned legal and fiduciary responsibility to achieve maximum benefit for a specific group’s data, can be used to negotiate legal and governance relationships that meaningfully benefit the users of the trust. Trustees can be instructed to only share data to services whose algorithms are regularly audited for bias and provide datasets that are accurate representations of their users, for instance, avoiding erroneous proxies that disrupt algorithmic models. While these developments are in their infancy, it is not unreasonable to reflect on such endeavours now, as the technologies to achieve these are already in use. Conclusions There is a persistent myth that data will yield better, faster, more complete results in whatever field it is applied (Lee and Cook; Fourcade and Healy; Mayer-Schönberger and Cukier; Kitchin). This myth has led to data-driven assemblages, including artificial intelligence, platforms, surveillance, and other data-technologies, being deployed throughout social life. The public sector is no exception to this, but the deployment of any technological solution within the traditional institutions of the shadow of hierarchy is fraught with challenges, and often results in failure or unintended consequences (Henman). The complexity of these systems combined with time, budgetary, and political pressures can create a contested environment. It is this environment that moulds societies' light and resources to cast the shadow of hierarchy. Relationality within a shadow of hierarchy that reflects the complicated and competing interests of platforms is likely to present a range of unintended social consequences that are inherently emergent because they are entering into a complex system – society – that is extremely hard to model. The relational qualities of the shadow of hierarchy are therefore now more multidimensional and emergent, and experiences relating to socio-technical features like scale, and as a follow-on (non)participation, are evidence of this. Yet by being emergent, they are also directionless, a product of complex systems rather than designed and strategic intent. This is not an inherently bad thing, but given the potential for data-system and platforms to have negative or unintended consequences, it is worth considering whether remaining directionless is the best outcome. There are many examples of data-driven systems in healthcare (Obermeyer et al.), welfare (Eubanks; Henman and Marston), and economics (MacKenzie), having unintended and negative social consequences. Appropriately guiding the design and deployment of theses system also represents a growing body of knowledge and practical endeavour (Jirotka et al.; Stilgoe et al.). Armed with the knowledge of these social implications, constructing an appropriate social architecture (Box and Lemon; Box et al.) around the platforms and data systems that form the shadow of hierarchy should be encouraged. This social architecture should account for the affordances and emergent potentials of a complex social, institutional, economic, political, and technical environment, and should assist in guiding the shadow of hierarchy away from egregious challenges and towards meaningful opportunities. To be directionless is an opportunity to take a new direction. The intersection of platforms with public institutions and infrastructures has moulded society’s light into an evolving and emergent shadow of hierarchy over many domains. With the scale of the shadow changing, and shaping participation, who benefits and who loses out in the shadow of hierarchy is also changing. Equipped with insights into this change, we should not hesitate to shape this change, creating or preserving relationalities that offer the best outcomes. Defining, understanding, and practically implementing what the “best” outcome(s) are would be a valuable next step in this endeavour, and should prompt considerable discussion. If we wish the shadow of hierarchy to continue to be productive, then finding a social architecture to shape the emergence and directionlessness of socio-technical systems like platforms is an important step in the continued evolution of the shadow of hierarchy. References Ajunwa, Ifeoma. “Age Discrimination by Platforms.” Berkeley J. Emp. & Lab. L. 40 (2019): 1-30. Amoore, Louise. Cloud Ethics: Algorithms and the Attributes of Ourselves and Others. Durham: Duke University Press, 2020. ———. “Cloud Geographies: Computing, Data, Sovereignty.” Progress in Human Geography 42.1 (2018): 4-24. Ananny, Mike, and Kate Crawford. “Seeing without Knowing: Limitations of the Transparency Ideal and Its Application to Algorithmic Accountability.” New Media & Society 20.3 (2018): 973–89. Attoh, Kafui, et al. “‘We’re Building Their Data’: Labor, Alienation, and Idiocy in the Smart City.” Environment and Planning D: Society and Space 37.6 (2019): 1007-24. Baldwin, Carliss Y., and C. Jason Woodard. “The Architecture of Platforms: A Unified View.” Platforms, Markets and Innovation. Ed. Annabelle Gawer. Cheltenham: Edward Elgar, 2009. 19–44. Barns, Sarah. “Mine Your Data: Open Data, Digital Strategies and Entrepreneurial Governance by Code.” Urban Geography 37.4 (2016): 554–71. Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. Cambridge, MA: Harvard University Press, 1984. Box, Paul, et al. Data Platforms for Smart Cities – A Landscape Scan and Recommendations for Smart City Practice. Canberra: CSIRO, 2020. Box, Paul, and David Lemon. The Role of Social Architecture in Information Infrastructure: A Report for the National Environmental Information Infrastructure (NEII). Canberra: CSIRO, 2015. Chadwick, Andrew. “Explaining the Failure of an Online Citizen Engagement Initiative: The Role of Internal Institutional Variables.” Journal of Information Technology & Politics 8.1 (2011): 21–40. Conger, Kate. “Uber Wants to Sell You Train Tickets. And Be Your Bus Service, Too.” The New York Times, 7 Aug. 2019. 19 Jan. 2021. <https://www.nytimes.com/2019/08/07/technology/uber-train-bus-public-transit.html>. Dawes, Sharon S. “The Evolution and Continuing Challenges of E‐Governance.” Public Administration Review 68 (2008): 86–102. Delacroix, Sylvie, and Neil D. Lawrence. “Bottom-Up Data Trusts: Disturbing the ‘One Size Fits All’ Approach to Data Governance.” International Data Privacy Law 9.4 (2019): 236-252. Eubanks, Virginia. Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor. New York: St. Martin’s Press, 2018. Fisher, Joshua A., and Jay David Bolter. “Ethical Considerations for AR Experiences at Dark Tourism Sites”. IEEE Explore 29 April. 2019. 13 Apr. 2021 <https://ieeexplore.ieee.org/document/8699186>. Foth, Marcus, et al. From Social Butterfly to Engaged Citizen: Urban Informatics, Social Media, Ubiquitous Computing, and Mobile Technology to Support Citizen Engagement. Cambridge MA: MIT Press, 2011. Fourcade, Marion, and Kieran Healy. “Seeing like a Market.” Socio-Economic Review, 15.1 (2017): 9–29. Gehl, Robert, and Fenwick McKelvey. “Bugging Out: Darknets as Parasites of Large-Scale Media Objects.” Media, Culture & Society 41.2 (2019): 219–35. Gillespie, Tarleton. “The Politics of ‘Platforms.’” New Media & Society 12.3 (2010): 347–64. Hall, Jonathan D., et al. “Is Uber a Substitute or Complement for Public Transit?” Journal of Urban Economics 108 (2018): 36–50. Henman, Paul. “Improving Public Services Using Artificial Intelligence: Possibilities, Pitfalls, Governance.” Asia Pacific Journal of Public Administration 42.4 (2020): 209–21. Henman, Paul, and Greg Marston. “The Social Division of Welfare Surveillance.” Journal of Social Policy 37.2 (2008): 187–205. Héritier, Adrienne, and Dirk Lehmkuhl. “Introduction: The Shadow of Hierarchy and New Modes of Governance.” Journal of Public Policy 28.1 (2008): 1–17. Janssen, Marijn, et al. “Benefits, Adoption Barriers and Myths of Open Data and Open Government.” Information Systems Management 29.4 (2012): 258–68. Jenkins, Shannon. “Visa Privatisation Plan Scrapped, with New Approach to Tackle ’Emerging Global Threats’.” The Mandarin. 23 Mar. 2020. 19 Jan. 2021 <https://www.themandarin.com.au/128244-visa-privatisation-plan-scrapped-with-new-approach-to-tackle-emerging-global-threats/>. Jirotka, Marina, et al. “Responsible Research and Innovation in the Digital Age.” Communications of the ACM 60.6 (2016): 62–68. Kitchin, Rob. The Data Revolution: Big Data, Open Data, Data Infrastructures and Their Consequences. Thousand Oaks, CA: Sage, 2014. Konkel, Frank. “CIA Awards Secret Multibillion-Dollar Cloud Contract.” Nextgov 20 Nov. 2020. 19 Jan. 2021 <https://www.nextgov.com/it-modernization/2020/11/exclusive-cia-awards-secret-multibillion-dollar-cloud-contract/170227/>. Lance, Kate T., et al. “Cross‐Agency Coordination in the Shadow of Hierarchy: ‘Joining up’Government Geospatial Information Systems.” International Journal of Geographical Information Science, 23.2 (2009): 249–69. Lee, Ashlin J., and Peta S. Cook. “The Myth of the ‘Data‐Driven’ Society: Exploring the Interactions of Data Interfaces, Circulations, and Abstractions.” Sociology Compass 14.1 (2020): 1–14. Lyons, Glenn, et al. “The Importance of User Perspective in the Evolution of MaaS.” Transportation Research Part A: Policy and Practice 121(2019): 22-36. MacKenzie, Donald. “‘Making’, ‘Taking’ and the Material Political Economy of Algorithmic Trading.” Economy and Society 47.4 (2018): 501-23. Mayer-Schönberger, V., and K. Cukier. Big Data: A Revolution That Will Change How We Live, Work and Think. London: John Murray, 2013. Michel Foucault. Discipline and Punish. London: Penguin, 1977. Nardi, Bonnie, and Hamid Ekbia. Heteromation, and Other Stories of Computing and Capitalism. Cambridge, MA: MIT Press, 2017. O’Neil, Cathy. Weapons of Math Destruction – How Big Data Increases Inequality and Threatens Democracy. London: Penguin, 2017. Obermeyer, Ziad, et al. “Dissecting Racial Bias in an Algorithm Used to Manage the Health of Populations.” Science 366.6464 (2019): 447-53. Plantin, Jean-Christophe, et al. “Infrastructure Studies Meet Platform Studies in the Age of Google and Facebook.” New Media & Society 20.1 (2018): 293–310. Rosenblat, Alex, and Luke Stark. “Algorithmic Labor and Information Asymmetries: A Case Study of Uber’s Drivers.” International Journal of Communication 10 (2016): 3758–3784. Sawers, Paul. “Uber Drivers Sue for Data on Secret Profiling and Automated Decision-Making.” VentureBeat 20 July. 2020. 19 Jan. 2021 <https://venturebeat.com/2020/07/20/uber-drivers-sue-for-data-on-secret-profiling-and-automated-decision-making/>. Services Australia. About MyGov. Services Australia 19 Jan. 2021. 19 Jan. 2021 <https://www.servicesaustralia.gov.au/individuals/subjects/about-mygov>. Star, Susan Leigh. “Infrastructure and Ethnographic Practice: Working on the Fringes.” Scandinavian Journal of Information Systems 14.2 (2002):107-122. Stilgoe, Jack, et al. “Developing a Framework for Responsible Innovation.” Research Policy 42.9 (2013):1568-80. Suzor, Nicolas. Lawless: The Secret Rules That Govern Our Digital Lives. Cambridge: Cambridge University Press, 2019. Thomas, John Clayton, and Gregory Streib. “The New Face of Government: Citizen‐initiated Contacts in the Era of E‐Government.” Journal of Public Administration Research and Theory 13.1 (2003): 83-102. Van Dijck, José. “Datafication, Dataism and Dataveillance: Big Data between Scientific Paradigm and Ideology.” Surveillance & Society 12.2 (2014): 197–208. ———. “Governing Digital Societies: Private Platforms, Public Values.” Computer Law & Security Review 36 (2020) 13 Apr. 2021 <https://www.sciencedirect.com/science/article/abs/pii/S0267364919303887>. ———. The Culture of Connectivity: A Critical History of Social Media. Oxford: Oxford University Press, 2013. Webster, Elizabeth, and Glenys Harding. “Outsourcing Public Employment Services: The Australian Experience.” Australian Economic Review 34.2 (2001): 231-42.

Historically the impact of the printing press on Western culture is a truism. Print gave rise to the mass reproduction and circulation of information with wide reaching consequences in all fields: political, social, and economic. An aspect that this paper wishes to focus on is that this moment also saw the birth (and necessity) of copyright legislation, to administer and protect this new found ability to package and disseminate text. The term copyright itself, used freely in debates surrounding contemporary topics such as iTunes, DVD piracy, and file-sharing, is not only semantically anachronistic but, as will be shown, is an anachronistic problem. The history that it carries, through almost three hundred years, underscores the difficulties at the heart of copyright in the contemporary scene. Indeed the reliance on copyright in these debates creates an argument based on circular definitions relating to only the statutory conception of cultural rights. No avenue is really left to imagine a space outside its jurisdiction. This paper asserts that notions of the “culture industry” (as opposed to some other conception of culture) are also inherently connected to the some three hundred years of copyright legislation. Our conceptions of the author and of intellectual pursuits as property can also be traced within this relatively small period. As clarified by Lord Chief Baron Pollock in the English courts in 1854, “copyright is altogether an artificial right” that does not apply at common law and relies wholly on statute (Jeffreys v Boosey). Foucault (124-42) highlights, in his attack on Romantic notions of the author-genius-God, that the author-function is expressed primarily as a legal term, through the legal concepts of censorship and copyright. Copyright, then, pays little attention to non-economic interests of the author and is used primarily to further economic interests. The corporate nature of the culture industry at present amounts to the successful application of copyright legislation in the past. This paper suggests that we look at our conception of literary and artistic work as separate from copyright’s own definitions of intellectual property and the commercialisation of culture. From Hogarth to File-Sharing The case of ‘DVD Jon’ is instructive. In 1999, Jon Lech Johansen, a Norwegian programmer, drew the ire of Hollywood by breaking the encryption code for DVDs (in a program called DeCSS). More recently, he has devised a program to circumvent the anti-piracy system for Apple’s iTunes music download service. With this program, called PyMusique, users still have to pay for the songs, but once these are paid for, users can use the songs on all operating systems and with no limits on copying, transfers or burning. Johansen, who publishes his wares on his blog entitled So Sue Me, was in fact sued in 1999 by the Motion Picture Association of America (MPAA) for copyright infringement. He argued that he created DeCSS as part of developing a DVD player for his Linux operating system, and that copying DVD movies was an ancillary function of the program for which he could not be held responsible. He was acquitted by an Oslo district court in early 2003 and again by an appeals court later that year. During this time many people on the internet found novel ways to publish the DeCSS code so as to avoid prosecution, including many different code encryptions incorporated into jpeg images (including the trademarked DVD logo, owned by DVD LLC) and mpeg movies, as an online MUD game scenario, and even produced in the form of a haiku (“42 Ways to Distribute DeCSS”). The ability to publish the code in a format not readily prosecutable owes less to encryption and clandestine messages than it does to anachronistic laws regarding the wholly legal right to original formats. Prior to 1709, copyright or licensing related to the book publishing industry where the work as formatted, pressed and disseminated was more important to protect than the text itself or the concept of the author as the writer of the text. Even today different copyrights may be held over the different formatting of the same text. The ability for hackers to attack the copyright legislation through its inherent anachronism is more than smart lawyering or a neat joke. These attacks, based on file sharing and the morphing fluid forms of information (rather than contained text, printed, broadcast, or expressed through form in general), amount to a real breach in copyright’s capability to administer and protect information. That the corporations are so excited and scared of these new technologies of dissemination should come as no surprise. It should also not be seen, as some commentators wish to, as a completely new approach to the dissemination of culture. If copyright was originally intended to protect the rights of the publisher, the passing of the Act of Anne in 1709 introduced two new concepts – an author being the owner of copyright, and the principle of a fixed term of protection for published works. In 1734, William Hogarth, wanting to ensure profits would flow from his widely disseminated prints (which attracted many pirate copies), fought to have these protections extended to visual works. What is notable about all this is that in 1734 the concept of copyright both in literary and artistic works applied only to published or reproduced works. It would be over one hundred years later, in the Romantic period, that a broader protection to all artworks would be available (for example, paintings, sculpture, etc). Born primarily out of guild systems, the socio-political aspect of protection, although with a passing nod to the author, was primarily a commercial concern. These days the statute has muddied its primary purpose; commercial interest is conflated and confused with the moral rights of the author (which, it might be added, although first asserted in the International Berne Convention of 1886 were only ratified in Australia in December 2000). For instance, in a case such as Sony Entertainment (Australia) Ltd v Smith (2005), both parties in fact want the protection of copyright. On one day the DJ in question (Pee Wee Ferris) might be advertising himself through his DJ name as an appropriative, sampling artist-author, while at the same time, we might assume, wishing to protect his own rights as a recording artist. Alternatively, the authors of the various DeCSS code works want both the free flow of information which then results in a possible free flow of media content. Naturally, this does not sit well with the current lords of copyright: the corporations. The new open-source author works contrary to all copyright. Freed Slaves The model of the open source author is not without precedent. Historically, prior to copyright and the culture industry, this approach to authorship was the norm. The Roman poet Martial, known for his wit and gifts of poetry, wrote I commend to you, Quintianus, my little books – if I can call them mine when your poet recites them: if they complain of their harsh servitude, you should come forward as their champion and give your guarantees; and when he calls himself their master you should say they are mine and have been granted their freedom. If you shout this out three or four times, you will make their kidnapper (plagiario) feel ashamed of himself. Here of course the cultural producer is a landed aristocrat (a situation common to early Western poets such as Chaucer, Spencer and More). The poem, or work, exists in the economy of the gift. The author-function here is also not the same as in modern times but was based on the advantages of reputation and celebrity within the Roman court. Similarly other texts such as stories, songs and music were circulated, prior to print, in a primarily oral economy. Later, with the rise of the professional guild system in late medieval times, the patronage system did indeed pay artists, sometimes royal sums. However, this bursary was not so much for the work than for upkeep as members of the household holding a particular skill. The commercial aspect of the author as owner only became fully realised with the rise of the middle classes in the eighteenth and nineteenth century and led to the global adoption of the copyright regime as the culture industry’s sanction. Added to this, the author is now overwhelmingly a corporation, not an individual, which has expanded the utilisation of these statutes for commercial advantage to, perhaps, an unforeseen degree. To understand the file-sharing period, which we are now entering at full speed, we cannot be confused by notions found in the copyright acts; definitions based on copyright cannot adequately express a culture without commercial concerns. Perhaps the discussion needs to return to concepts that predate copyright, before the author-function (as suggested by Foucault) and before the notion of intellectual property. That we have returned to a gift economy for cultural products is easily understood in the context of file-sharing. But what of the author? Here the figure of the hacker suggests a movement towards such an archaic model where the author’s remuneration comes in the form of celebrity, or a reputation as an exciting innovator. Another model, which is perhaps more likely, is an understanding that certain material disseminated will be sold and administered under copyright for profit and that the excess will be quickly and efficiently disseminated with no profit and with no overall duration of protection. Such an amalgamated approach is exemplified by Radiohead’s Kid A album, which, although available for free downloads, was still profitable because the (anachronistic) printed version, with its cover and artwork, still sold by the millions. Perhaps cultural works, the slaves of the author-corporation, should be granted their freedom: freedom from servitude to a commercial master, freedom to be re-told rather than re-sold, with due attribution to the author the only payment. This is a Utopian idea perhaps, but no less a fantasy than the idea that the laws of copyright, born of the printing press, can evolve to match the economy today that they purport to control. When thinking about ownership and authorship today, it must be recalled that copyright itself has a history of useful fictions. References Michel Foucault; “What Is an Author?” Twentieth-Century Literary Theory. Eds. Vassilis Lambropoulos and David Neal Miller. Albany: State UP of New York, 1987. 124-42. “42 Ways to Distribute DeCSS.” 5 Jun. 2005 http://decss.zoy.org/>. Jeffreys v Boosey, 1854. Johansen, Jon Lech. So Sue Me. 5 Jun. 2005 http://www.nanocrew.net/blog/>. Citation reference for this article MLA Style Phillips, Dougal, and Oliver Watts. "Copyright, Print and Authorship in the Culture Industry." M/C Journal 8.2 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0506/06-phillipswatts.php>. APA Style Phillips, D., and O. Watts. (Jun. 2005) "Copyright, Print and Authorship in the Culture Industry," M/C Journal, 8(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0506/06-phillipswatts.php>.

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.

Connecting I’ve moved house on the weekend, closer to the centre of an Australian capital city. I had recently signed up for broadband, with a major Australian Internet company (my first contact, cf. Turner). Now I am the proud owner of a larger modem than I have ever owned: a white cable modem. I gaze out into our new street: two thick black cables cosseted in silver wire. I am relieved. My new home is located in one of those streets, double-cabled by Telstra and Optus in the data-rush of the mid-1990s. Otherwise, I’d be moth-balling the cable modem, and the thrill of my data percolating down coaxial cable. And it would be off to the computer supermarket to buy an ASDL modem, then to pick a provider, to squeeze some twenty-first century connectivity out of old copper (the phone network our grandparents and great-grandparents built). If I still lived in the country, or the outskirts of the city, or anywhere else more than four kilometres from the phone exchange, and somewhere that cable pay TV will never reach, it would be a dish for me — satellite. Our digital lives are premised upon infrastructure, the networks through which we shape what we do, fashion the meanings of our customs and practices, and exchange signs with others. Infrastructure is not simply the material or the technical (Lamberton), but it is the dense, fibrous knotting together of social visions, cultural resources, individual desires, and connections. No more can one easily discern between ‘society’ and ‘technology’, ‘carriage’ and ‘content’, ‘base’ and ‘superstructure’, or ‘infrastructure’ and ‘applications’ (or ‘services’ or ‘content’). To understand telecommunications in action, or the vectors of fibre, we need to consider the long and heterogeneous list of links among different human and non-human actors — the long networks, to take Bruno Latour’s evocative concept, that confect our broadband networks (Latour). The co-ordinates of our infrastructure still build on a century-long history of telecommunications networks, on the nineteenth-century centrality of telegraphy preceding this, and on the histories of the public and private so inscribed. Yet we are in the midst of a long, slow dismantling of the posts-telegraph-telephone (PTT) model of the monopoly carrier for each nation that dominated the twentieth century, with its deep colonial foundations. Instead our New World Information and Communication Order is not the decolonising UNESCO vision of the late 1970s and early 1980s (MacBride, Maitland). Rather it is the neoliberal, free trade, market access model, its symbol the 1984 US judicial decision to require the break-up of AT&T and the UK legislation in the same year that underpinned the Thatcherite twin move to privatize British Telecom and introduce telecommunications competition. Between 1984 and 1999, 110 telecommunications companies were privatized, and the ‘acquisition of privatized PTOs [public telecommunications operators] by European and American operators does follow colonial lines’ (Winseck 396; see also Mody, Bauer & Straubhaar). The competitive market has now been uneasily installed as the paradigm for convergent communications networks, not least with the World Trade Organisation’s 1994 General Agreement on Trade in Services and Annex on Telecommunications. As the citizen is recast as consumer and customer (Goggin, ‘Citizens and Beyond’), we rethink our cultural and political axioms as well as the axes that orient our understandings in this area. Information might travel close to the speed of light, and we might fantasise about optical fibre to the home (or pillow), but our terrain, our band where the struggle lies today, is narrower than we wish. Begging for broadband, it seems, is a long way from warchalking for WiFi. Policy Circuits The dreary everyday business of getting connected plugs the individual netizen into a tangled mess of policy circuits, as much as tricky network negotiations. Broadband in mid-2003 in Australia is a curious chimera, welded together from a patchwork of technologies, old and newer communications industries, emerging economies and patterns of use. Broadband conjures up grander visions, however, of communication and cultural cornucopia. Broadband is high-speed, high-bandwidth, ‘always-on’, networked communications. People can send and receive video, engage in multimedia exchanges of all sorts, make the most of online education, realise the vision of home-based work and trading, have access to telemedicine, and entertainment. Broadband really entered the lexicon with the mass takeup of the Internet in the early to mid-1990s, and with the debates about something called the ‘information superhighway’. The rise of the Internet, the deregulation of telecommunications, and the involuted convergence of communications and media technologies saw broadband positioned at the centre of policy debates nearly a decade ago. In 1993-1994, Australia had its Broadband Services Expert Group (BSEG), established by the then Labor government. The BSEG was charged with inquiring into ‘issues relating to the delivery of broadband services to homes, schools and businesses’. Stung by criticisms of elite composition (a narrow membership, with only one woman among its twelve members, and no consumer or citizen group representation), the BSEG was prompted into wider public discussion and consultation (Goggin & Newell). The then Bureau of Transport and Communications Economics (BTCE), since transmogrified into the Communications Research Unit of the Department of Communications, Information Technology and the Arts (DCITA), conducted its large-scale Communications Futures Project (BTCE and Luck). The BSEG Final report posed the question starkly: As a society we have choices to make. If we ignore the opportunities we run the risk of being left behind as other countries introduce new services and make themselves more competitive: we will become consumers of other countries’ content, culture and technologies rather than our own. Or we could adopt new technologies at any cost…This report puts forward a different approach, one based on developing a new, user-oriented strategy for communications. The emphasis will be on communication among people... (BSEG v) The BSEG proposed a ‘National Strategy for New Communications Networks’ based on three aspects: education and community access, industry development, and the role of government (BSEG x). Ironically, while the nation, or at least its policy elites, pondered the weighty question of broadband, Australia’s two largest telcos were doing it. The commercial decision of Telstra/Foxtel and Optus Vision, and their various television partners, was to nail their colours (black) to the mast, or rather telegraph pole, and to lay cable in the major capital cities. In fact, they duplicated the infrastructure in cities such as Sydney and Melbourne, then deciding it would not be profitable to cable up even regional centres, let alone small country towns or settlements. As Terry Flew and Christina Spurgeon observe: This wasteful duplication contrasted with many other parts of the country that would never have access to this infrastructure, or to the social and economic benefits that it was perceived to deliver. (Flew & Spurgeon 72) The implications of this decision for Australia’s telecommunications and television were profound, but there was little, if any, public input into this. Then Minister Michael Lee was very proud of his anti-siphoning list of programs, such as national sporting events, that would remain on free-to-air television rather than screen on pay, but was unwilling, or unable, to develop policy on broadband and pay TV cable infrastructure (on the ironies of Australia’s television history, see Given’s masterly account). During this period also, it may be remembered, Australia’s Internet was being passed into private hands, with the tendering out of AARNET (see Spurgeon for discussion). No such national strategy on broadband really emerged in the intervening years, nor has the market provided integrated, accessible broadband services. In 1997, landmark telecommunications legislation was enacted that provided a comprehensive framework for competition in telecommunications, as well as consolidating and extending consumer protection, universal service, customer service standards, and other reforms (CLC). Carrier and reseller competition had commenced in 1991, and the 1997 legislation gave it further impetus. Effective competition is now well established in long distance telephone markets, and in mobiles. Rivalrous competition exists in the market for local-call services, though viable alternatives to Telstra’s dominance are still few (Fels). Broadband too is an area where there is symbolic rivalry rather than effective competition. This is most visible in advertised ADSL offerings in large cities, yet most of the infrastructure for these services is comprised by Telstra’s copper, fixed-line network. Facilities-based duopoly competition exists principally where Telstra/Foxtel and Optus cable networks have been laid, though there are quite a number of ventures underway by regional telcos, power companies, and, most substantial perhaps, the ACT government’s TransACT broadband network. Policymakers and industry have been greatly concerned about what they see as slow takeup of broadband, compared to other countries, and by barriers to broadband competition and access to ‘bottleneck’ facilities (such as Telstra or Optus’s networks) by potential competitors. The government has alternated between trying to talk up broadband benefits and rates of take up and recognising the real difficulties Australia faces as a large country with a relative small and dispersed population. In March 2003, Minister Alston directed the ACCC to implement new monitoring and reporting arrangements on competition in the broadband industry. A key site for discussion of these matters has been the competition policy institution, the Australian Competition and Consumer Commission, and its various inquiries, reports, and considerations (consult ACCC’s telecommunications homepage at http://www.accc.gov.au/telco/fs-telecom.htm). Another key site has been the Productivity Commission (http://www.pc.gov.au), while a third is the National Office on the Information Economy (NOIE - http://www.noie.gov.au/projects/access/access/broadband1.htm). Others have questioned whether even the most perfectly competitive market in broadband will actually provide access to citizens and consumers. A great deal of work on this issue has been undertaken by DCITA, NOIE, the regulators, and industry bodies, not to mention consumer and public interest groups. Since 1997, there have been a number of governmental inquiries undertaken or in progress concerning the takeup of broadband and networked new media (for example, a House of Representatives Wireless Broadband Inquiry), as well as important inquiries into the still most strategically important of Australia’s companies in this area, Telstra. Much of this effort on an ersatz broadband policy has been piecemeal and fragmented. There are fundamental difficulties with the large size of the Australian continent and its harsh terrain, the small size of the Australian market, the number of providers, and the dominant position effectively still held by Telstra, as well as Singtel Optus (Optus’s previous overseas investors included Cable & Wireless and Bell South), and the larger telecommunications and Internet companies (such as Ozemail). Many consumers living in metropolitan Australia still face real difficulties in realising the slogan ‘bandwidth for all’, but the situation in parts of rural Australia is far worse. Satellite ‘broadband’ solutions are available, through Telstra Countrywide or other providers, but these offer limited two-way interactivity. Data can be received at reasonable speeds (though at far lower data rates than how ‘broadband’ used to be defined), but can only be sent at far slower rates (Goggin, Rural Communities Online). The cultural implications of these digital constraints may well be considerable. Computer gamers, for instance, are frustrated by slow return paths. In this light, the final report of the January 2003 Broadband Advisory Group (BAG) is very timely. The BAG report opens with a broadband rhapsody: Broadband communications technologies can deliver substantial economic and social benefits to Australia…As well as producing productivity gains in traditional and new industries, advanced connectivity can enrich community life, particularly in rural and regional areas. It provides the basis for integration of remote communities into national economic, cultural and social life. (BAG 1, 7) Its prescriptions include: Australia will be a world leader in the availability and effective use of broadband...and to capture the economic and social benefits of broadband connectivity...Broadband should be available to all Australians at fair and reasonable prices…Market arrangements should be pro-competitive and encourage investment...The Government should adopt a National Broadband Strategy (BAG 1) And, like its predecessor nine years earlier, the BAG report does make reference to a national broadband strategy aiming to maximise “choice in work and recreation activities available to all Australians independent of location, background, age or interests” (17). However, the idea of a national broadband strategy is not something the BAG really comes to grips with. The final report is keen on encouraging broadband adoption, but not explicit on how barriers to broadband can be addressed. Perhaps this is not surprising given that the membership of the BAG, dominated by representatives of large corporations and senior bureaucrats was even less representative than its BSEG predecessor. Some months after the BAG report, the Federal government did declare a broadband strategy. It did so, intriguingly enough, under the rubric of its response to the Regional Telecommunications Inquiry report (Estens), the second inquiry responsible for reassuring citizens nervous about the full-privatisation of Telstra (the first inquiry being Besley). The government’s grand $142.8 million National Broadband Strategy focusses on the ‘broadband needs of regional Australians, in partnership with all levels of government’ (Alston, ‘National Broadband Strategy’). Among other things, the government claims that the Strategy will result in “improved outcomes in terms of services and prices for regional broadband access; [and] the development of national broadband infrastructure assets.” (Alston, ‘National Broadband Strategy’) At the same time, the government announced an overall response to the Estens Inquiry, with specific safeguards for Telstra’s role in regional communications — a preliminary to the full Telstra sale (Alston, ‘Future Proofing’). Less publicised was the government’s further initiative in indigenous telecommunications, complementing its Telecommunications Action Plan for Remote Indigenous Communities (DCITA). Indigenous people, it can be argued, were never really contemplated as citizens with the ken of the universal service policy taken to underpin the twentieth-century government monopoly PTT project. In Australia during the deregulatory and re-regulatory 1990s, there was a great reluctance on the part of Labor and Coalition Federal governments, Telstra and other industry participants, even to research issues of access to and use of telecommunications by indigenous communicators. Telstra, and to a lesser extent Optus (who had purchased AUSSAT as part of their licence arrangements), shrouded the issue of indigenous communications in mystery that policymakers were very reluctant to uncover, let alone systematically address. Then regulator, the Australian Telecommunications Authority (AUSTEL), had raised grave concerns about indigenous telecommunications access in its 1991 Rural Communications inquiry. However, there was no government consideration of, nor research upon, these issues until Alston commissioned a study in 2001 — the basis for the TAPRIC strategy (DCITA). The elision of indigenous telecommunications from mainstream industry and government policy is all the more puzzling, if one considers the extraordinarily varied and significant experiments by indigenous Australians in telecommunications and Internet (not least in the early work of the Tanami community, made famous in media and cultural studies by the writings of anthropologist Eric Michaels). While the government’s mid-2003 moves on a ‘National Broadband Strategy’ attend to some details of the broadband predicament, they fall well short of an integrated framework that grasps the shortcomings of the neoliberal communications model. The funding offered is a token amount. The view from the seat of government is a glance from the rear-view mirror: taking a snapshot of rural communications in the years 2000-2002 and projecting this tableau into a safety-net ‘future proofing’ for the inevitable turning away of a fully-privately-owned Telstra from its previously universal, ‘carrier of last resort’ responsibilities. In this aetiolated, residualist policy gaze, citizens remain constructed as consumers in a very narrow sense in this incremental, quietist version of state securing of market arrangements. What is missing is any more expansive notion of citizens, their varied needs, expectations, uses, and cultural imaginings of ‘always on’ broadband networks. Hybrid Networks “Most people on earth will eventually have access to networks that are all switched, interactive, and broadband”, wrote Frances Cairncross in 1998. ‘Eventually’ is a very appropriate word to describe the parlous state of broadband technology implementation. Broadband is in a slow state of evolution and invention. The story of broadband so far underscores the predicament for Australian access to bandwidth, when we lack any comprehensive, integrated, effective, and fair policy in communications and information technology. We have only begun to experiment with broadband technologies and understand their evolving uses, cultural forms, and the sense in which they rework us as subjects. Our communications networks are not superhighways, to invoke an enduring artefact from an older technology. Nor any longer are they a single ‘public’ switched telecommunications network, like those presided over by the post-telegraph-telephone monopolies of old. Like roads themselves, or the nascent postal system of the sixteenth century, broadband is a patchwork quilt. The ‘fibre’ of our communications networks is hybrid. To be sure, powerful corporations dominate, like the Tassis or Taxis who served as postmasters to the Habsburg emperors (Briggs & Burke 25). Activating broadband today provides a perspective on the path dependency of technology history, and how we can open up new threads of a communications fabric. Our options for transforming our multitudinous networked lives emerge as much from everyday tactics and strategies as they do from grander schemes and unifying policies. We may care to reflect on the waning potential for nation-building technology, in the wake of globalisation. We no longer gather our imagined community around a Community Telephone Plan as it was called in 1960 (Barr, Moyal, and PMG). Yet we do require national and international strategies to get and stay connected (Barr), ideas and funding that concretely address the wider dimensions of access and use. We do need to debate the respective roles of Telstra, the state, community initiatives, and industry competition in fair telecommunications futures. Networks have global reach and require global and national integration. Here vision, co-ordination, and resources are urgently required for our commonweal and moral fibre. To feel the width of the band we desire, we need to plug into and activate the policy circuits. Thanks to Grayson Cooke, Patrick Lichty, Ned Rossiter, John Pace, and an anonymous reviewer for helpful comments. Works Cited Alston, Richard. ‘ “Future Proofing” Regional Communications.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.php> —. ‘A National Broadband Strategy.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.php>. Australian Competition and Consumer Commission (ACCC). Broadband Services Report March 2003. Canberra: ACCC, 2003. 17 July 2003 <http://www.accc.gov.au/telco/fs-telecom.htm>. —. Emerging Market Structures in the Communications Sector. Canberra: ACCC, 2003. 15 July 2003 <http://www.accc.gov.au/pubs/publications/utilities/telecommu... ...nications/Emerg_mar_struc.doc>. Barr, Trevor. new media.com: The Changing Face of Australia’s Media and Telecommunications. Sydney: Allen & Unwin, 2000. Besley, Tim (Telecommunications Service Inquiry). Connecting Australia: Telecommunications Service Inquiry. Canberra: Department of Information, Communications and the Arts, 2000. 17 July 2003 <http://www.telinquiry.gov.au/final_report.php>. Briggs, Asa, and Burke, Peter. A Social History of the Internet: From Gutenberg to the Internet. Cambridge: Polity, 2002. Broadband Advisory Group. Australia’s Broadband Connectivity: The Broadband Advisory Group’s Report to Government. Melbourne: National Office on the Information Economy, 2003. 15 July 2003 <http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm>. Broadband Services Expert Group. Networking Australia’s Future: Final Report. Canberra: Australian Government Publishing Service (AGPS), 1994. Bureau of Transport and Communications Economics (BTCE). Communications Futures Final Project. Canberra: AGPS, 1994. Cairncross, Frances. The Death of Distance: How the Communications Revolution Will Change Our Lives. London: Orion Business Books, 1997. Communications Law Centre (CLC). Australian Telecommunications Regulation: The Communications Law Centre Guide. 2nd edition. Sydney: Communications Law Centre, University of NSW, 2001. Department of Communications, Information Technology and the Arts (DCITA). Telecommunications Action Plan for Remote Indigenous Communities: Report on the Strategic Study for Improving Telecommunications in Remote Indigenous Communities. Canberra: DCITA, 2002. Estens, D. Connecting Regional Australia: The Report of the Regional Telecommunications Inquiry. Canberra: DCITA, 2002. <http://www.telinquiry.gov.au/rti-report.php>, accessed 17 July 2003. Fels, Alan. ‘Competition in Telecommunications’, speech to Australian Telecommunications Users Group 19th Annual Conference. 6 March, 2003, Sydney. <http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc>, accessed 15 July 2003. Flew, Terry, and Spurgeon, Christina. ‘Television After Broadcasting’. In The Australian TV Book. Ed. Graeme Turner and Stuart Cunningham. Allen & Unwin, Sydney. 69-85. 2000. Given, Jock. Turning Off the Television. Sydney: UNSW Press, 2003. Goggin, Gerard. ‘Citizens and Beyond: Universal service in the Twilight of the Nation-State.’ In All Connected?: Universal Service in Telecommunications, ed. Bruce Langtry. Melbourne: University of Melbourne Press, 1998. 49-77 —. Rural Communities Online: Networking to link Consumers to Providers. Melbourne: Telstra Consumer Consultative Council, 2003. Goggin, Gerard, and Newell, Christopher. Digital Disability: The Social Construction of Disability in New Media. Lanham, MD: Rowman & Littlefield, 2003. House of Representatives Standing Committee on Communications, Information Technology and the Arts (HoR). Connecting Australia!: Wireless Broadband. Report of Inquiry into Wireless Broadband Technologies. Canberra: Parliament House, 2002. <http://www.aph.gov.au/house/committee/cita/Wbt/report.htm>, accessed 17 July 2003. Lamberton, Don. ‘A Telecommunications Infrastructure is Not an Information Infrastructure’. Prometheus: Journal of Issues in Technological Change, Innovation, Information Economics, Communication and Science Policy 14 (1996): 31-38. Latour, Bruno. Science in Action: How to Follow Scientists and Engineers Through Society. Cambridge, MA: Harvard University Press, 1987. Luck, David. ‘Revisiting the Future: Assessing the 1994 BTCE communications futures project.’ Media International Australia 96 (2000): 109-119. MacBride, Sean (Chair of International Commission for the Study of Communication Problems). Many Voices, One World: Towards a New More Just and More Efficient World Information and Communication Order. Paris: Kegan Page, London. UNESCO, 1980. Maitland Commission (Independent Commission on Worldwide Telecommunications Development). The Missing Link. Geneva: International Telecommunications Union, 1985. Michaels, Eric. Bad Aboriginal Art: Tradition, Media, and Technological Horizons. Sydney: Allen & Unwin, 1994. Mody, Bella, Bauer, Johannes M., and Straubhaar, Joseph D., eds. Telecommunications Politics: Ownership and Control of the Information Highway in Developing Countries. Mahwah, NJ: Erlbaum, 1995. Moyal, Ann. Clear Across Australia: A History of Telecommunications. Melbourne: Thomas Nelson, 1984. Post-Master General’s Department (PMG). Community Telephone Plan for Australia. Melbourne: PMG, 1960. Productivity Commission (PC). Telecommunications Competition Regulation: Inquiry Report. Report No. 16. Melbourne: Productivity Commission, 2001. <http://www.pc.gov.au/inquiry/telecommunications/finalreport/>, accessed 17 July 2003. Spurgeon, Christina. ‘National Culture, Communications and the Information Economy.’ Media International Australia 87 (1998): 23-34. Turner, Graeme. ‘First Contact: coming to terms with the cable guy.’ UTS Review 3 (1997): 109-21. Winseck, Dwayne. ‘Wired Cities and Transnational Communications: New Forms of Governance for Telecommunications and the New Media’. In The Handbook of New Media: Social Shaping and Consequences of ICTs, ed. Leah A. Lievrouw and Sonia Livingstone. London: Sage, 2002. 393-409. World Trade Organisation. General Agreement on Trade in Services: Annex on Telecommunications. Geneva: World Trade Organisation, 1994. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm>. —. Fourth protocol to the General Agreement on Trade in Services. Geneva: World Trade Organisation. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm>. Links http://www.accc.gov.au/pubs/publications/utilities/telecommunications/Emerg_mar_struc.doc http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc http://www.accc.gov.au/telco/fs-telecom.htm http://www.aph.gov.au/house/committee/cita/Wbt/report.htm http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.html http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.html http://www.noie.gov.au/projects/access/access/broadband1.htm http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm http://www.pc.gov.au http://www.pc.gov.au/inquiry/telecommunications/finalreport/ http://www.telinquiry.gov.au/final_report.html http://www.telinquiry.gov.au/rti-report.html http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Goggin, Gerard. "Broadband" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0308/02-featurebroadband.php>. APA Style Goggin, G. (2003, Aug 26). Broadband. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0308/02-featurebroadband.php>

Rip, mix, share, and sue. Has ‘copy’ become a dirty word? The invitation to artists, activists, consumers and critics to engage in the debate surrounding the creative processes of ‘copy’ has been insightful, if not inciting sampling/reproduction/reflection itself: It clearly questions whether ‘copy’ deserves the negative connotations that it currently summonses. It has confronted the divide between the original and its replica, and questioned notions of authenticity and the essence of identity. It has found that ‘open source’ is an opportunity to capitalise on creativity, and that reuse is resplendently productive. Cultural expression and social exchange are seen to rest upon the acts of copying which are brought to our attention in this edition. As this issue illustrates, the word ‘copy’ has numerous interpretations, applications, and angles, yet an overriding wealth of debate currently outweighs all others; and that surrounds the tumultuous issue of ‘protecting’ copyright in the digital age. Since its conception in the 17th century, copyright law has faced an increasing challenge in achieving its original aims; namely, to strike a balance between creators’ and consumers’ rights in allowing concurrent attribution and access to works. Recent dramatic technological advancements affecting reproduction and distribution of copies, particularly pertaining to the Internet, have fundamentally changed and challenged the content environment. When copyright laws were first conceived, copying and distributing creative works was difficult. Now these activities are virtually free, and practically pervasive; in the digital age, the difficulty lies in their control. Yet because the primarily Western copyright regime relies on providing rights holders with the ability to control their works, copyright industries are working on strategies to garner greater control. Heading this list of strategies are technological content protection mechanisms, consumer education, and lawsuits against individual copyright infringers. Peer-to-peer (P2P) networks are being exploited and sabotaged simultaneously by entities within the Creative Industries, in an attempt to learn from and eliminate the free ‘competition’. Perceiving the mismatch of legal sanction and access to enabling technologies, critics revile the increasing restriction on consumers and creativity. The music industry, in particular, is experimenting with new business models to confine consumers’ rights to enjoy a growing bank of online music. Technical protection mechanisms, within the ambit of Digital Rights Management (DRM), are increasingly applied to enforce these licensing restrictions, providing ‘speed bumps’ for access to content (Digital Connections Council of the Committee for Economic Development 50). Given that these mechanisms can only temporarily allow a limited level of control over access to and usage of content, however, both IP and contract law are essential to the prevention and deterrence of infringement. While production and distribution corporations agitate about online ‘piracy’, an increasing population of consumers are unsympathetic, knowing that very little of the music industry revenue ends up in the pockets of artists, and knowing very little of the complex law surrounding copyright. Over the past few hundred years the content distribution business has become particularly wealthy, and it is primarily this link of the content chain from creator to consumer that is tending towards redundancy in the digital networked world: those who once resided in the middle of the content chain will no longer be required. When individuals and collectives create something they are proud of, they want the world to experience and talk about it, if not ‘rip, mix, mash, and share’ it. The need to create and communicate has always been part of human makeup. Infants learn rapidly during their first few years primarily by observing and emulating the behaviour of adults. But as children progress, and begin creating what they perceive to be their unique contribution, they naturally want to claim and display it as their own; hence the importance of attribution and moral rights to this debate. Clearly, society benefits in many ways from this drive to create, innovate, communicate, learn and share contributions. One need only cite Sir Isaac Newton, who is attributed as having said, ‘If I have seen further, it is by standing on the shoulders of giants.’ Academics and scientists worldwide have long collaborated by sharing and building on one another’s work, a fact acknowledged by the Science Commons initiative (http://www.sciencecommons.org/) to provide open access to academic research and development. Such has been inspired by the vision of Lawrence Lessig, as espoused in The Future of Ideas: The Fate of the Commons in a Connected World. Appropriation of bits and pieces (‘samples’) of another’s work, along with appropriate attribution, has always been acceptable until recently. This legal tension is explored by authors Frederick Wasser, in his article ‘When Did They Copyright the World Without Us Noticing?’, and Francis Raven, in ‘Copyright and Public Goods: An Argument for Thin Copyright Protection’. Wasser explores the recent agitation against the legislated copyright extension in the United States to 95 years from publication (or 120 years from creation, whichever is shorter) from an original 14, accompanied by the changing logic of copyright, which has further upset the balance between protection and fair use, between consumer and creator, and ultimately invests power in the intermediary. Raven argues for ‘thin’ copyright protection, having the intention to protect the incentive for producers to create while also defending the public’s right to a rich intellectual realm in the public domain. Current conflict surrounding music sampling illustrates that our evolution towards a regime of restrictive licensing of digital works, largely driven by copyright owners and content distributors, has made the use of bits and pieces of existing music difficult, if not impossible. In this issue’s feature article ‘Good Copy/Bad Copy’, Steve Collins examines the value of ‘copy’ where musical creativity and copyright law intersect. The recontextualisation and reshaping of music with regard to cover versions and sampling brings into relief the disparity in current legal and licensing provisions. When creativity is stifled by copyright, the original intention of the law is lost. Collins argues that creators are now subject to the control of an oppressive monopoly, which clearly should be addressed if innovative cultural expression is to thrive. The issue’s second article, ‘The Affect of Selection in Digital Sound Art’ by author and sound artist Owen Chapman, aka ‘Opositive’, explores the interplay and influence between the ‘raw and the remixed’, where subjective control over sound production is questioned. Transformation of sound hovers between an organic and intentional process, and creates affective influence: we are ultimately entreated to listen and learn, as sampling selection goes gestalt. Moving from the aural domain to the written, the significance of textual reuse and self-referentiality is introduced by Kirsten Seale in her academic exploration of reuse in the works of Iain Sinclair. Sinclair, in Dining on Stones (or, the Middle Ground), is seen to have subverted the postmodernist obscuration/denial of authorial control through the reintroduction of an assured self-sampling technique. Also in contemplating the written creative process, after significant exposure to the ever-more-evident proclivities of students to cut and paste from Websites, Dr. Gauti Sigthorsson asserts that plagiarism is merely symptomatic of the dominant sampling culture. Rather than looming as a crisis, Sigthorsson sees this increasing appropriation as a ‘teachable moment’, illustrating the delights of the open source process. Issues of identity and authenticity are explored in ‘Digital Doppelgängers’ by Lisa Bode, and ‘Slipping and Sliding: blind optimism, greed and the effect of fakes on our cultural understanding’ by art fraud and forensic expert Robyn Sloggett. In introducing the doppelgänger of Indo-European folklore and literature as the protagonist’s sinister double, Bode goes on to explore the digital manifestation: the image which challenges the integrity of the actor and his/her reflection, where original identity may be beyond the actor’s control. In copy’s final article ‘Slipping and Sliding’ by Sloggett, the determination of artistic authenticity is explored. Identity is seen to be predicated on authenticity: but does this necessarily hold? In reflecting on the notions of ‘copy’ explored in this issue, it is clear that civilisation has progressed by building on past successes and failures. A better, richer future can be possible if we continue to do exactly this. Instead, rights holders are striving to maintain control, using clumsy methods that effectively alter traditional user rights (or perceived rights) and practices. Imagine instead if all creative content were virtually free and easily accessible to all; where it would not longer be an infringement to make and share copies for non-commercial reasons. Is it possible to engineer an alternative incentive (to copyright) for creativity to flourish? This is, after all, the underlying goal behind copyright law. Copyright law provides a creator with a temporary monopoly over the sale and distribution of their work. Infringing copyright law is consequently depriving creators of this mechanism to make money, obtain notoriety and thus their very motivation to create. This goal to provide creative incentive is fundamentally important for society, intellectually and culturally, but alternative means to achieve it are worthy of exploration. A familiar alternative option to help generate creativity is to apply a special tax (levy) on all goods and services that enable viewing, listening, reading, publishing, copying, and downloading of digital content. The revenue pool this generates is then available for distribution amongst content creators, thereby creating a financial incentive. In over 40 countries, primarily European, partial variations of such a levy system are currently used to compensate copyright owners whilst allowing consumers a certain degree of free private copying. Professor William Fisher, Hale and Dorr Professor of Intellectual Property Law at Harvard University, and Director of the Berkman Centre for Internet and Society, proposes as much in his book outlining a government-administered compensation scheme, encompassing free online access to music and movies: Promises to Keep: Technology, Law and the Future of Entertainment. As we are left to contemplate copyrights and ‘copywrongs’ (Vaidhyanathan), we may reflect that the ‘promotion of the progress of science and the useful arts’, as per Harper v. Row (471 U.S.), rests with the (some say draconian) directions determined by legislation. Measures contained in instruments such as the Digital Millennium Copyright Act (DMCA), continue to diminish, if not desecrate, the public domain. Moreover, as the full impact of the Free Trade Agreement (FTA) with the United States looms for the Australian audience, in the adoption of the extension of the copyright term to the criminalisation of IP infringement, we realise that the establishment of economically viable and legal alternatives to the adopted regime is paramount. (Moore) We are also left to lament the recent decision in MGM vs. Grokster, where the US Supreme Court has ruled unanimously against the file-sharing service providers Grokster and Streamcast Networks (developers of Morpheus), serving as an illustration of ongoing uncertainty surrounding P2P networks and technologies, and lack of certainty of any court decisions regarding such matters. In the future, as we log into Longhorn (http://msdn.microsoft.com/longhorn/), we will wonder where our right to enjoy began to disappear. Electronic Frontier Foundation’s (http://www.eff.org/) cry to ‘Defend Freedom in the Digital World’ gains increasing resonance. In presenting ‘copy’ to you, we invite you cut, paste, innovate, create, and be entertained, to share, and share alike, while you still can. References Digital Connections Council of the Committee for Economic Development (CED). Promoting Innovation and Economic Growth: The Special Problem of Digital Intellectual Property, 2004. http://www.ced.org/docs/report/report_dcc.pdf>. Fisher, William. Promises to Keep: Technology, Law, and the Future of Entertainment. Palo Alto CA: Stanford UP, 2004. Lessig, Lawrence. The Future of Ideas: The Fate of the Commons in a Connected World. New York: Random House, 2001. Moore, Christopher. “Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain.” Media International Australia 114 (2005): 71-82. Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York UP, 2003. Citation reference for this article MLA Style Leisten, Susanna, and Rachel Cobcroft. "Copy." M/C Journal 8.3 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0507/01-editorial.php>. APA Style Leisten, S., and R. Cobcroft. (Jul. 2005) "Copy," M/C Journal, 8(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0507/01-editorial.php>.

According to the ABC television program Four Corners, “Parliament House in Canberra is a hotbed of political intrigue and high tension … . It’s known as the ‘Canberra Bubble’ and it operates in an atmosphere that seems far removed from how modern Australian workplaces are expected to function.” The term “Canberra Bubble” morphed to its current definition from 2001, although it existed in other forms before this. Its use has increased since 2015, with Prime Minister Scott Morrison regularly referring to it when attempting to deflect from turmoil within, or focus on, his Coalition government (Gwynn). “Canberra Bubble” was selected as the 2018 “Word of the Year” by the Australian National Dictionary Centre, defined as “referring to the idea that federal politicians, bureaucracy, and political journalists are obsessed with the goings-on in Canberra (rather than the everyday concerns of Australians)” (Gwynn). In November 2020, Four Corners aired an investigation into the behaviour of top government ministers, including Attorney-General Christian Porter, Minister Alan Tudge, and former Deputy Prime Minister and leader of the National Party Barnaby Joyce; entitled “Inside the Canberra Bubble”. The program’s reporter, Louise Milligan, observed: there’s a strong but unofficial tradition in federal politics of what happens in Canberra, stays in Canberra. Politicians, political staff and media operate in what’s known as ‘The Canberra Bubble’. Along with the political gamesmanship, there’s a heady, permissive culture and that culture can be toxic for women. The program acknowledged that parliamentary culture included the belief that politicians’ private lives were not open to public scrutiny. However, this leaves many women working in Parliament House feeling that such silence allows inappropriate behaviour and sexism to “thrive” in the “culture of silence” (Four Corners). Former Prime Minister Malcolm Turnbull, who was interviewed for the Four Corners program, acknowledged: “there is always a power imbalance between the boss and somebody who works for them, the younger and more junior they are, the more extreme that power imbalance is. And of course, Ministers essentially have the power to hire and fire their staff, so they’ve got enormous power.” He equates this to past culture in large corporations; a culture that has seen changes in business, but not in the federal parliament. It is the latter place that is a toxic bubble for women. A Woman Problem in the Bubble Louise Milligan reported: “the Liberal Party has been grappling with what’s been described as a ‘women problem’ for several years, with accusations of endemic sexism.” The underrepresentation of women in the current government sees them holding only seven of the 30 current ministerial positions. The Liberal Party has fewer women in the House of Representatives now than it did 20 years ago, while the Labor Party has doubled the number of women in its ranks. When asked his view on the “woman problem”, Malcolm Turnbull replied: “well I think women have got a problem with the Liberal Party. It’s probably a better way of putting it … . The party does not have enough women MPs and Senators … . It is seen as being very blokey.” Current Prime Minister Scott Morrison said in March 2019: “we want to see women rise. But we don’t want to see women rise, only on the basis of others doing worse” (Four Corners); with “others” seen as a reference to men. The Liberal Party’s “woman problem” has been widely discussed in recent years, both in relation to the low numbers of women in its parliamentary representation and in its behaviour towards women. These claims were evident in an article highlighting allegations of bullying by Member of Parliament (MP) Julia Banks, which led to her resignation from the Liberal Party in 2018. Banks’s move to the crossbench as an Independent was followed by the departure from politics of senior Liberal MP and former Deputy Leader Julie Bishop and three other female Liberal MPs prior to the 2019 federal election. For resigning Liberal MP Linda Reynolds, the tumultuous change of leadership in the Liberal Party on 24 August 2018, when Scott Morrison replaced Malcolm Turnbull as Prime Minister, left her to say: “I do not recognise my party at the moment. I do not recognise the values. I do not recognise the bullying and intimidation that has gone on.” Bishop observed on 5 September: “it’s evident that there is an acceptance of a level of behaviour in Canberra that would not be tolerated in any other workplace.” And in her resignation speech on 27 November, Banks stated: “Often, when good women call out or are subjected to bad behaviour, the reprisals, backlash and commentary portrays them as the bad ones – the liar, the troublemaker, the emotionally unstable or weak, or someone who should be silenced” (Four Corners). Rachel Miller is a former senior Liberal staffer who worked for nine years in Parliament House. She admitted to having a consensual relationship with MP Alan Tudge. Both were married at the time. Her reason for “blowing the whistle” was not about the relationship itself, rather the culture built on an imbalance of power that she experienced and witnessed, particularly when endeavouring to end the relationship with Tudge. This saw her moving from Tudge’s office to that of Michaelia Cash, eventually being demoted and finally resigning. Miller refused to accept the Canberra bubble “culture of just putting your head down and not getting involved”. The Four Corners story also highlighted the historical behaviour of Attorney-General Christian Porter and his attitude towards women over several decades. Milligan reported: in the course of this investigation, Four Corners has spoken to dozens of former and currently serving staffers, politicians, and members of the legal profession. Many have worked within, or voted for, the Liberal Party. And many have volunteered examples of what they believe is inappropriate conduct by Christian Porter – including being drunk in public and making unwanted advances to women. Lawyer Josh Bornstein told Four Corners that the role of Attorney-General “occupies a unique role … as the first law officer of the country”, having a position in both the legal system and in politics. It is his view that this comes with a requirement for the Attorney-General “to be impeccable in terms of personal and political behaviour”. Milligan asserts that Porter’s role as “the nation’s chief law officer, includes implementing rules to protect women”. A historical review of Porter’s behaviour and attitude towards women was provided to Four Corners by barrister Kathleen Foley and debating colleague from 1987, Jo Dyer. Dyer described Porter as “very charming … very confident … Christian was quite slick … he had an air of entitlement … that I think was born of the privilege from which he came”. Foley has known Porter since she was sixteen, including at university and later when both were at the State Solicitors’ Office in Western Australia, and her impression was that Porter possessed a “dominant personality”. She said that many expected him to become a “powerful person one day” partly due to his father being “a Liberal Party powerbroker”, and that Porter had aspirations to become Prime Minister. She observed: “I’ve known him to be someone who was in my opinion, and based on what I saw, deeply sexist and actually misogynist in his treatment of women, in the way that he spoke about women.” Foley added: “for a long time, Christian has benefited from the silence around his conduct and his behaviour, and the silence has meant that his behaviour has been tolerated … . I’m here because I don’t think that his behaviour should be tolerated, and it is not acceptable.” Miller told the Four Corners program that she and others, including journalists, had observed Porter being “very intimate” with a young woman. Milligan noted that Porter “had a wife and toddler at home in Perth”, while Miller found the incident “quite confronting … in such a public space … . I was quite surprised by the behaviour and … it was definitely a step too far”. The incident was confirmed to Four Corners by “five other people, including Coalition staffers”. However, in 2017 the “Public Bar incident remained inside the Canberra bubble – it never leaked”, reports Milligan. In response to the exposure of Nationals MP Barnaby Joyce’s relationship with a member of his staff, Malcolm Turnbull changed the Code of Ministerial Standards (February 2018) for members of the Coalition Government (Liberal and National Parties). Labelled by many media as the “bonk ban”, the new code banned sexual relationships between ministers and their staff. Turnbull stopped short of asking Joyce to resign (Yaxley), however, Joyce stepped down as Leader of the National Party and Deputy Prime Minister shortly after the code was amended. Turnbull has conceded that the Joyce affair was the catalyst for implementing changes to ministerial standards (Four Corners). He was also aware of other incidents, including the behaviour of Christian Porter and claims he spoke with Porter in 2017, when concerns were raised about Porter’s behaviour. In what Turnbull acknowledges to be a stressful working environment, the ‘Canberra bubble’ is exacerbated by long hours, alcohol, and being away from family; this leads some members to a loss of standards in behaviour, particularly in relation to how women are viewed. This seems to blame the ‘bubble’ rather than acknowledge poor behaviour. Despite the allegations of improper behaviour against Porter, in 2017 Turnbull appointed Porter Attorney-General. Describing the atmosphere in the Canberra bubble, Miller concedes that not “all men are predators and [not] all women are victims”. She adds that a “work hard, play hard … gung ho mentality” in a “highly sexualised environment” sees senior men not being called out for behaviour, creating the perception that they are “almost beyond reproach [and it’s] something they can get away with”. Turnbull observes: “the attitudes to women and the lack of respect … of women in many quarters … reminds me of the corporate scene … 40 years ago. It’s just not modern Australia” (Four Corners). In a disclaimer about the program, Milligan stated: Four Corners does not suggest only Liberal politicians cross this line. But the Liberal Party is in government. And the Liberal politicians in question are Ministers of the Crown. All ministers must now abide by Ministerial Standards set down by Prime Minister Scott Morrison in 2018. They say: ‘Serving the Australian people as Ministers ... is an honour and comes with expectations to act at all times to the highest possible standards of probity.’ They also prohibit Ministers from having sexual relations with staff. Both Tudge and Porter were sent requests by Four Corners for interviews and answers to detailed questions prior to the program going to air. Tudge did not respond and Porter provided a brief statement in regards to his meeting with Malcolm Turnbull, denying that he had been questioned about allegations of his conduct as reported by Four Corners and that other matters had been discussed. Reactions to the Four Corners Program Responses to the program via mainstream media and on social media were intense, ranging from outrage at the behaviour of ministers on the program, to outrage that the program had aired the private lives of government ministers, with questions as to whether this was in the public interest. Porter himself disputed allegations of his behaviour aired in the program, labelling the claims as “totally false” and said he was considering legal options for “defamation” (Maiden). However, in a subsequent radio interview, Porter said “he did not want a legal battle to distract from his role” as a government minister (Moore). Commenting on the meeting he had with Turnbull in 2017, Porter asserted that Turnbull had not spoken to him about the alleged behaviour and that Turnbull “often summoned ministers in frustration about the amount of detail leaking from his Cabinet.” Porter also questioned the comments made by Dyer and Foley, saying he had not had contact with them “for decades” (Maiden). Yet, in a statement provided to the West Australian after the program aired, Porter admitted that Turnbull had raised the rumours of an incident and Porter had assured him they were unfounded. In a statement he again denied the allegations made in the Four Corners program, but admitted that he had “failed to be a good husband” (Moore). In a brief media release following the program, Tudge stated: “I regret my actions immensely and the hurt it caused my family. I also regret the hurt that Ms. Miller has experienced” (Grattan). Following the Four Corners story, Scott Morrison and Anne Ruston, the Minister for Families and Social Services, held a media conference to respond to the allegations raised by the program. Ruston was asked about her views of the treatment of women within the Liberal Party. However, she was cut off by Morrison who aired his grievance about the use of the term “bonk ban” by journalists, when referring to the ban on ministers having sexual relations with their staff. This interruption of a female minister responding to a question directed at her about allegations of misogyny drew world-wide attention. Ruston went on to reply that she felt “wholly supported” as a member of the party and in her Cabinet position. The video of the incident resulted in a backlash on social media. Ruston was asked about being cut off by the Prime Minister at subsequent media interviews and said she believed it to be “an entirely appropriate intervention” and reiterated her own experiences of being fully supported by other members of the Liberal Party (Maasdorp). Attempts to Silence the ABC A series of actions by government staff and ministers prior to, and following, the Four Corners program airing confirmed the assumption suggested by Milligan that “what happens in Canberra, stays in Canberra”. In the days leading to the airing of the Four Corners program, members of the federal government contacted ABC Chair Ita Buttrose, ABC Managing Director David Anderson, and other senior staff, criticising the program’s content before its release and questioning whether it was in the public interest. The Executive Producer for the program, Sally Neighbour, tweeted about the attempts to have the program cancelled on the day it was to air, and praised ABC management for not acceding to the demands. Anderson raised his concerns about the emails and calls to ABC senior staff while appearing at Senate estimates and said he found it “extraordinary” (Murphy & Davies). Buttrose also voiced her concerns and presented a lecture reinforcing the importance of “the ABC, democracy and the importance of press freedom”. As the public broadcaster, the ABC has a charter under the Australian Broadcasting Corporation Act (1983) (ABC Act), which includes its right to media independence. The attempt by the federal government to influence programming at the ABC was seen as countering this independence. Following the airing of the Four Corners program, the Morrison Government, via Communications Minister Paul Fletcher, again contacted Ita Buttrose by letter, asking how reporting allegations of inappropriate behaviour by ministers was “in the public interest”. Fletcher made the letter public via his Twitter account on the same day. The letter “posed 15 questions to the ABC board requesting an explanation within 14 days as to how the episode complied with the ABC’s code of practice and its statutory obligations to provide accurate and impartial journalism”. Fletcher also admitted that a senior member of his staff had contacted a member of the ABC board prior to the show airing but denied this was “an attempt to lobby the board”. Reportedly the ABC was “considering a response to what it believes is a further attack on its independence” (Visentin & Samios). A Case of Double Standards Liberal Senator Concetta Fierravanti-Wells told Milligan (Four Corners) that she believes “values and beliefs are very important” when standing for political office, with a responsibility to electors to “abide by those values and beliefs because ultimately we will be judged by them”. It is her view that “there is an expectation that in service of the Australian public, [politicians] abide by the highest possible conduct and integrity”. Porter has portrayed himself as being a family man, and an advocate for people affected by sexual harassment and concerned about domestic violence. Four Corners included two videos of Porter, the first from June 2020, where he stated: “no-one should have to suffer sexual harassment at work or in any other part of their lives … . The Commonwealth Government takes it very seriously”. In the second recording, from 2015, Porter spoke on the topic of domestic violence, where he advocated ensuring “that young boys understand what a respectful relationship is … what is acceptable and … go on to be good fathers and good husbands”. Tudge and Joyce hold a conservative view of traditional marriage as being between a man and a woman. They made this very evident during the plebiscite on legalising same-sex marriage in 2017. One of Tudge’s statements during the public debate was shown on the Four Corners program, where he said that he had “reservations about changing the Marriage Act to include same-sex couples” as he viewed “marriage as an institution … primarily about creating a bond for the creation, love and care of children. And … if the definition is changed … then the institution itself would potentially be weakened”. Miller responded by confirming that this was the public image Tudge portrayed, however, she was upset, surprised and believed it to be hypocrisy “to hear him … speak in parliament … and express a view that for children to have the right upbringing they need to have a mother and father and a traditional kind of family environment” (Four Corners). Following the outcome to the plebiscite in favour of marriage equality (Evershed), both Tudge and Porter voted to pass the legislation, in line with their electorates, while Joyce abstained from voting on the legislation (against the wishes of his electorate), along with nine other MPs including Scott Morrison (Henderson). Turnbull told Milligan: there’s no question that some of the most trenchant opponents of same-sex marriage, all in the name of traditional marriage, were at the same time enthusiastic practitioners of traditional adultery. As I said many times, this issue of the controversy over same-sex marriage was dripping with hypocrisy and the pools were deepest at the feet of the sanctimonious. The Bubble Threatens to Burst On 25 January 2021, the advocate for survivors of sexual assault, Grace Tame, was announced as Australian of the Year. This began a series of events that has the Canberra bubble showing signs of potentially rupturing, or perhaps even imploding, as further allegations of sexual assault emerge. Inspired by the speech of Grace Tame at the awards ceremony and the fact that the Prime Minister was standing beside her, on 15 February 2021, former Liberal staffer Brittany Higgins disclosed to journalist Samantha Maiden the allegation that she had been raped by a senior staffer in March 2019. Higgins also appeared in a television interview with Lisa Wilkinson that evening. The assault allegedly occurred after hours in the office of her boss, then Minister for Defence Industry and current Minister for Defence, Senator Linda Reynolds. Higgins said she reported what had occurred to the Minister and other staff, but felt she was being made to choose between her job and taking the matter to police. The 2019 federal election was called a few weeks later. Although Higgins wanted to continue in her “dream job” at Parliament House, she resigned prior to her disclosure in February 2021. Reynolds and Morrison were questioned extensively on the matter, in parliament and by the media, as to what they knew and when they were informed. Public outrage at the allegations was heightened by conflicting stories of these timelines and of who else knew. Although Reynolds had declared to the Senate that her office had provided full support to Higgins, it was revealed that her original response to the allegations to those in her office on the day of the media publication was to call Higgins a “lying cow”. After another public and media outcry, Reynolds apologised to Higgins (Hitch). Initially avoiding addressing the Higgins allegation directly, Morrison finally stated his empathy for Higgins in a doorstop media interview, reflecting advice he had received from his wife: Jenny and I spoke last night, and she said to me, "You have to think about this as a father first. What would you want to happen if it were our girls?" Jenny has a way of clarifying things, always has. On 3 March 2021, Grace Tame presented a powerful speech to the National Press Club. She was asked her view on the Prime Minister referring to his role as a father in the case of Brittany Higgins. Morrison’s statement had already enraged the public and certain members of the media, including many female journalists. Tame considered her response, then replied: “It shouldn’t take having children to have a conscience. [pause] And actually, on top of that, having children doesn’t guarantee a conscience.” The statement was met by applause from the gallery and received public acclaim. A further allegation of rape was made public on 27 February 2021, when friends of a deceased woman sent the Prime Minister a full statement from the woman that a current unnamed Cabinet Minister had raped her in 1988, when she was 16 years old (Yu). Morrison was asked whether he had spoken with the Minister, and stated that the Minister had denied the allegations and he saw no need to take further action, and would leave it to the police. New South Wales police subsequently announced that in light of the woman’s death last year, they could not proceed with an investigation and the matter was closed. The name of the woman has not been officially disclosed, however, on the afternoon of 3 March 2021 Attorney-General Christian Porter held a press conference naming himself as the Minister in question and vehemently denied the allegations. In light of the latest allegations, coverage by some journalists has shown the propensity to be complicit in protecting the Canberra bubble, while others (mainly women) endeavour to provide investigative journalistic coverage. The Outcome to Date Focus on the behaviour highlighted by “Inside the Canberra Bubble” in November 2020 waned quickly, with journalist Sean Kelly observing: since ABC’s Four Corners broadcast an episode exploring entrenched sexism in Parliament House, and more specifically within the Liberal Party, male politicians have said very, very, very little about it … . The episode in question was broadcast three weeks ago. It’s old news. But in this case that’s the point: every time the issue of sexism in Canberra is raised, it’s quickly rushed past, then forgotten (by men). Nothing happens. As noted earlier, Rachel Miller resigned from her position at Parliament House following the affair with Tudge. Barrister Kathleen Foley had held a position on the Victorian Bar Council, however three days after the Four Corners program went to air, Foley was voted off the council. According to Matilda Boseley from The Guardian, the change of council members was seen more broadly as an effort to remove progressives. Foley has also been vocal about gender issues within the legal profession. With the implementation of the new council, five members held their positions and 16 were replaced, seeing a change from 62 per cent female representation to 32 per cent (Boseley). No action was taken by the Prime Minister in light of the revelations by Four Corners: Christian Porter maintained his position as Attorney-General, Minister for Industrial Relations, and Leader of the House; and Alan Tudge continued as a member of the Federal Cabinet, currently as Minister for Education and Youth. Despite ongoing calls for an independent enquiry into the most recent allegations, and for Porter to stand aside, he continues as Attorney-General, although he has taken sick leave to address mental health impacts of the allegations (ABC News). Reynolds continues to hold the position of Defence Minister following the Higgins allegations, and has also taken sick leave on the advice of her specialist, now extended to after the March 2021 sitting of parliament (Doran). While Scott Morrison stands in support of Porter amid the allegations against him, he has called for an enquiry into the workplace culture of Parliament House. This appears to be in response to claims that a fourth woman was assaulted, allegedly by Higgins’s perpetrator. The enquiry, to be led by Kate Jenkins, Australia’s Sex Discrimination Commissioner, is focussed on “how to change the culture, how to change the practices, and how to ensure that, in future, we do have the best possible environment for prevention and response” (Murphy). By focussing the narrative of the enquiry on the “culture” of Parliament House, it diverts attention from the allegations of rape by Higgins and against Porter. While the enquiry is broadly welcomed, any outcomes will require more than changes to the workplace: they will require a much broader social change in attitudes towards women. The rage of women, in light of the current gendered political culture, has evolved into a call to action. An initial protest march, planned for outside Parliament House on 15 March 2021, has expanded to rallies in all capital cities and many other towns and cities in Australia. Entitled Women’s March 4 Justice, thousands of people, both women and men, have indicated their intention to participate. It is acknowledged that many residents of Canberra have objected to their entire city being encompassed in the term “Canberra Bubble”. However, the term’s relevance to this current state of affairs reflects the culture of those working in and for the Australian parliament, rather than residents of the city. It also describes the way that those who work in all things related to the federal government carry an apparent assumption that the bubble offers them immunity from the usual behaviour and accountability required of those outside the bubble. It this “bubble” that needs to burst. With a Prime Minister seemingly unable to recognise the hypocrisy of Ministers allegedly acting in ways contrary to “good character”, and for Porter, with ongoing allegations of improper behaviour, as expected for the country’s highest law officer, and in his mishandling of Higgins claims as called out by Tame, the bursting of the “Canberra bubble” may cost him government. References ABC News. “Christian Porter Denies Historical Rape Allegation.” Transcript. 4 Mar. 2021. 4 Mar. 2021 <https://www.abc.net.au/news/2021-03-03/christian-porter-press-conference-transcript/13212054>. Boseley, Matilda. “Barrister on Four Corners' Christian Porter Episode Loses Victorian Bar Council Seat.” The Guardian 11 Nov. 2020. 10 Dec. 2020 <https://www.theguardian.com/law/2020/nov/12/barrister-on-four-corners-christian-porter-episode-loses-victorian-bar-council-seat>. Buttrose, Ita. “The ABC, Democracy and the Importance of Press Freedom.” Lecture. Ramsay Centre for Western Civilisation. 12 Nov. 2020. 10 Dec. 2020 <http://about.abc.net.au/speeches/the-abc-democracy-and-the-importance-of-press-freedom/>. Doran, Matthew. “Linda Reynolds Extends Her Leave.” ABC News 7 Mar. 2021. 7 Mar. 2021 <https://www.abc.net.au/news/2021-03-07/linda-reynolds-extends-her-leave-following-rape-allegation/13224824>. Evershed, Nick. “Full Results of Australia's Vote for Same-Sex Marriage.” The Guardian 15 Nov. 2017. 10 Dec. 2020. <https://www.theguardian.com/australia-news/datablog/ng-interactive/2017/nov/15/same-sex-marriage-survey-how-australia-voted-electorate-by-electorate>. Four Corners. “Inside the Canberra Bubble.” ABC Television 9 Nov. 2020. 20 Nov. 2020 <https://www.abc.net.au/4corners/inside-the-canberra-bubble/12864676>. Grattan, Michelle. “Porter Rejects Allegations of Inappropriate Sexual Behaviour and Threatens Legal Action.” The Conversation 10 Nov. 2020. 10 Dec. 2020 <https://theconversation.com/porter-rejects-allegations-149774>. Gwynn, Mark. “Australian National Dictionary Centre’s Word of the Year 2018.” Ozwords 13 Dec. 2018. 10 Dec 2020 <http://ozwords.org/?p=8643#more-8643>. Henderson, Anna. “Same-Sex Marriage: This Is Everyone Who Didn't Vote to Support the Bill.” ABC News 8 Dec. 2017. 10 Dec. 2020 <https://www.abc.net.au/news/2017-12-08/same-sex-marriage-who-didnt-vote/9240584>. Heurich, Angelika. “Women in Australian Politics: Maintaining the Rage against the Political Machine”. M/C Journal 22.1 (2019). https://doi.org/10.5204/mcj.1498. Hitch, Georgia. “Defence Minister Linda Reynolds Apologises to Brittany Higgins.” ABC News 5 Mar. 2021. 5 Mar. 2021 <https://www.abc.net.au/news/2021-03-05/linda-reynolds-apologises-to-brittany-higgins-lying-cow/13219796>. Kelly, Sean. “Morrison Should Heed His Own Advice – and Fix His Culture Problem.” Sydney Morning Herald 29 Nov. 2020. 10 Dec. 2020 <https://www.smh.com.au/politics/federal/morrison-should-heed-his-own-advice-and-fix-his-culture-problem-20201129-p56iwn.html>. Maasdorp, James. “Scott Morrison Cops Backlash after Interrupting Anne Ruston.” ABC News 11 Nov. 2020. 10 Dec. 2020 <https://www.abc.net.au/news/2020-11-11/scott-morrison-anne-ruston-liberal-party-government/12873158>. Maiden, Samantha. “Christian Porter Hits Back at ‘Totally False’ Claims Aired on Four Corners.” The Australian 10 Nov. 2020. 10 Dec. 2020 <https://www.news.com.au/entertainment/tv/current-affairs/christian-porter-hits-back-at-totally-false-claims-aired-on-four-corners/news-story/0bc84b6268268f56d99714fdf8fa9ba2>. ———. “Young Staffer Brittany Higgins Says She Was Raped at Parliament House.” News.com.au 15 Sep. 2021. 15 Sep. 2021 <https://www.news.com.au/national/politics/parliament-house-rocked-by-brittany-higgins-alleged-rape/news-story/>. Moore, Charlie. “Embattled Minister Christian Porter Admits He Failed to Be 'a Good Husband’.” Daily Mail 11 Nov. 2020. 10 Dec. 2020 <https://www.dailymail.co.uk/news/article-8936197/>. Morrison, Scott. “Doorstop Interview – Parliament House.” Transcript. Prime Minister of Australia. 16 Feb. 2021. 1 Mar. 2021 <https://www.pm.gov.au/media/doorstop-interview-australian-parliament-house-act-160221>. Murphy, Katharine. “Sex Discrimination Commissioner Kate Jenkins to Lead Review into Parliament’s Workplace Culture.” The Guardian 5 Mar. 2021. 7 Mar. 2021 <https://www.theguardian.com/australia-news/2021/mar/05/sex-discrimination-commissioner-kate-jenkins-to-lead-review-into-parliaments-workplace-culture>. Murphy, Katharine, and Anne Davies. “Criticism of Four Corners 'Bonk Ban' Investigation before It Airs 'Extraordinary', ABC Boss Says.” The Guardian 9 Nov. 2020. 10 Dec. 2020 <https://www.theguardian.com/media/2020/nov/09/abc-under-extreme-political-pressure-over-bonk-ban-investigation-four-corners-boss-says>. Neighbour, Sally. “The Political Pressure.” Twitter 9 Nov. 2020. 9 Nov. 2020 <https://twitter.com/neighbour_s/status/1325545916107927552>. Tame, Grace. Address. National Press Club. 3 Mar. 2021. 3 Mar. 2021 <https://www.youtube.com/watch?v=LJmwOTfjn9U>. Visentin, Lisa, and Zoe Samios. “Morrison Government Asks ABC to Please Explain Controversial Four Corners Episode.” Sydney Morning Herald 1 Dec. 2020. 10 Dec. 2020 <https://www.smh.com.au/politics/federal/morrison-government-asks-abc-to-please-explain-controversial-four-corners-episode-20201201-p56jg2.html>. Wilkinson, Lisa. “Interview with Brittany Higgins.” The Project. Channel 10. 15 Sep. 2021. 16 Sep. 2021 <https://www.youtube.com/watch?v=nyjkjeoO2o4>. Yaxley, Louise. “Malcolm Turnbull Bans Ministers from Sex with Staffers.” ABC News 15 Feb. 2018. 10 Dec. 2020 <https://www.abc.net.au/news/2018-02-15/turnbull-slams-joyce-affair-changes-to-ministerial-standards/9451792>. Yu, Andi. “Rape Allegation against Cabinet Minister.” The Canberra Times 27 Feb. 2021. 1 Mar. 2021 <https://www.canberratimes.com.au/story/7145324/rape-allegation-against-cabinet-minister/>.

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.

Introduction Children are not only born digital, they are fashioned toward a lifestyle that needs them to be digital all the time (Palfrey and Gasser). They click, tap, save, circulate, download, and upload the texts of their lives, their friends’ lives, and the anonymous lives of the people that surround them. They are socialised as Internet consumers ready to participate in digital services targeted to them as they age such as Snapchat, Instagram, and YouTube. But they are also fashioned as producers, whereby their lives are sold as content on these same markets. As commodities, the minutiae of their lives become the fodder for online circulation. Paradoxically, we also celebrate these digital behaviours as a means to express identity. Personal profile-building for adults is considered agency-building (Beer and Burrows), and as a consequence, we praise children for mimicking these acts of adult lifestyle. This article reflects on the Kids, Creative Storyworlds, and Wearables project, which involved an ethnographic study with five young children (ages 4-7), who were asked to share their autobiographical stories, creative self-narrations, and predictions about their future mediated lives (Atkins et al.). For this case study, we focus on commercialised forms of children’s automedia, and we compare discussions we had with 6-year old Cayden, a child we met in the study who expresses the desire to make himself famous online, with videos of Jacob, a child vlogger on YouTube’s Kinder Playtime, who clearly influences children like Cayden. We argue that child social influencers need consideration both as autobiographical agents and as child subjects requiring a sheltered approach to their online lives.Automedia Automedia is an emergent genre of autobiography (Smith and Watson Reading 190; “Virtually Me” 78). Broadcasting one’s life online takes many forms (Kennedy “Vulnerability”). Ümit Kennedy argues “Vlogging on YouTube is a contemporary form of autobiography in which individuals engage in a process of documenting their life on a daily or weekly basis and, in doing so, construct[ing] their identity online” (“Exploring”). Sidonie Smith and Julia Watson write that “visual and digital modes are projecting and circulating not just new subjects but new notions of subjectivity through the effects of automediality” with the result that “the archive of the self in time, in space and in relation expands and is fundamentally reorganized” (Reading 190). Emma Maguire addresses what online texts “tell us about cultural understandings of selfhood and what it means to communicate ‘real’ life through media” naming one tool, “automedia”. Further, Julie Rak calls on scholars “to rethink ‘life’ and ‘writing’ as automedia” to further “characterize the enactment of a personal life story in a new media environment.” We define automedia as a genre that involves the practices of creating, performing, sharing, circulating, and (at times) preserving one’s digital life narrative meant for multiple publics. Automedia revises identity formation, embodiment, or corporealities in acts of self-creation (Brophy and Hladki 4). Automedia also emphasizes circulation. As shared digital life texts now circulate through the behaviours of other human subjects, and automatically via algorithms in data assemblages, we contend that automediality currently involves a measure of relinquishing control over perpetually evolving mediatised environments. One cannot control how a shared life narrative will meet a public in the future, which is a revised way of thinking about autobiography. For the sake of this paper, we argue that children’s automedia ought to be considered a creative, autobiographical act, in order to afford child authors who create them the consideration they deserve as agents, now and in the future. Automedial practices often begin when children receive access to a device. The need for a distraction activity is often the reason parents hand a young child a smartphone, iPad, or even a wearable camera (Nansen). Mirroring the lives of parents, children aspire to share representations of their own personal lives in pursuit of social capital. They are often encouraged to use technologies and apps as adults do–to track aspects of self, broadcast life stories and eventually “live share” them—effectively creating, performing, sharing, and at times, seeking to preserve a public life narrative. With this practice, society inculcates children into spheres of device ubiquity, “socializing them to a future digital lifestyle that will involve always carrying a computer in some form” (Atkins et al. 49). Consequently, their representations become inculcated in larger media assemblages. Writing about toddlers, Nansen describes how the “archiving, circulation and reception of these images speaks to larger assemblages of media in which software protocols and algorithms are increasingly embedded in and help to configure everyday life (e.g. Chun; Gillespie), including young children’s media lives (Ito)” (Nansen). Children, like adult citizens, are increasingly faced with choices “not structured by their own preferences but by the economic imperatives of the private corporations that have recently come to dominate the internet” (Andrejevic). Recent studies have shown that for children and youth in the digital age, Internet fame, often characterized by brand endorsements, is a major aspiration (Uhls and Greenfield, 2). However, despite the ambition to participate as celebrity digital selves, children are also mired in the calls to shield them from exposure to screens through institutions that label these activities detrimental. In many countries, digital “protections” are outlined by privacy commissioners and federal or provincial/state statutes, (e.g. Office of the Privacy Commissioner of Canada). Consequently, children are often caught in a paradox that defines them either as literate digital agents able to compose or participate with their online selves, or as subjectified wards caught up in commercial practices that exploit their lives for commercial gain.Kids, Creative Storyworlds and Wearables ProjectBoth academic and popular cultural critics continually discuss the future but rarely directly engage the people who will be empowered (or subjugated) by it as young adults in twenty years. To address children’s lack of agency in these discussions, we launched the Kids, Creative Storyworlds and Wearables project to bring children into a dialogue about their own digital futures. Much has been written on childhood agency and participation in culture and mediated culture from the discipline of sociology (James and James; Jenks; Jenkins). In previous work, we addressed the perspective of child autobiographical feature filmmakers to explore issues of creative agency and consent when adult gatekeepers facilitate children in film production (Pedersen and Aspevig “My Eyes”; Pedersen and Aspevig “Swept”). Drawing on that previous work, this project concentrates on children’s automediated lives and the many unique concerns that materialize with digital identity-building. Children are categorised as a vulnerable demographic group necessitating special policy and legislation, but the lives they project as children will eventually become subsumed in their own adult lives, which will almost certainly be treated and mediated in a much different manner in the future. We focused on this landscape, and sought to query the children on their futures, also considering the issues that arise when adult gatekeepers get involved with child social media influencers. In the Storyworlds ethnographic study, children were given a wearable toy, a Vtech smartwatch called Kidizoom, to use over a month’s timeframe to serve as a focal point for ethnographic conversations. The Kidizoom watch enables children to take photos and videos, which are uploaded to a web interface. Before we gave them the tech, we asked them questions about their lives, including What are machines going to be like in the future? Can you imagine yourself wearing a certain kind of computer? Can you tell/draw a story about that? If you could wear a computer that gave you a super power, what would it be? Can you use your imagination to think of a person in a story who would use technology? In answering, many of them drew autobiographical drawings of technical inventions, and cast themselves in the images. We were particularly struck by the comments made by one participant, Cayden (pseudonym), a 6-year-old boy, and the stories he told us about himself and his aspirations. He expressed the desire to host a YouTube channel about his life, his activities, and the wearable technologies his family already owned (e.g. a GroPro camera) and the one we gave him, the Kidizoom smartwatch. He talked about how he would be proud to publically broadcast his own videos on YouTube, and about the role he had been allowed to play in the making of videos about his life (that were not broadcast). To contextualize Cayden’s commentary and his automedial aspirations, we extended our study to explore child social media influencers who broadcast components of their personal lives for the deliberate purpose of popularity and the financial gain of their parents.We selected the videos of Jacob, a child vlogger because we judged them to be representative of the kinds that Cayden watched. Jacob reviews toys through “unboxing videos,” a genre in which a child tells an online audience her or his personal experiences using new toys in regular, short videos on a social media site. Jacob appears on a YouTube channel called Kinder Playtime, which appears to be a parent-run channel that states that, “We enjoy doing these things while playing with our kids: Jacob, Emily, and Chloe” (see Figure 1). In one particular video, Jacob reviews the Kidizoom watch, serving as a child influencer for the product. By understanding Jacob’s performance as agent-driven automedia, as well as being a commercialised, mediatised form of advertising, we get a clearer picture of how the children in the study are coming to terms with their own digital selfhood and the realisation that circulated, life-exposing videos are the expectation in this context.Children are implicated in a range of ways through “family” influencer and toy unboxing videos, which are emergent entertainment industries (Abidin 1; Nansen and Nicoll; Craig and Cunningham 77). In particular, unboxing videos do impact child viewers, especially when children host them. Jackie Marsh emphasizes the digital literacy practices at play here that co-construct viewers as “cyberflâneur[s]” and she states that “this mode of cultural transmission is a growing feature of online practices for this age group” (369). Her stress, however, is on how the child viewer enjoys “the vicarious pleasure he or she may get from viewing the playing of another child with the toy” (376). Marsh writes that her study subject, a child called “Gareth”, “was not interested in being made visible to EvanHD [a child celebrity social media influencer] or other online peers, but was content to consume” the unboxing videos. The concept of the cyberflâneur, then, is fitting as a mediatising co-constituting process of identity-building within discourses of consumerism. However, in our study, the children, and especially Cayden, also expressed the desire to create, host, and circulate their own videos that broadcast their lives, also demonstrating awareness that videos are valorised in their social circles. Child viewers watch famous children perform consumer-identities to create an aura of influence, but viewers simultaneously aspire to become influencers using automedial performances, in essence, becoming products, themselves. Jacob, Automedial Subjects and Social Media InfluencersJacob is a vlogger on YouTube whose videos can garner millions of views, suggesting that he is also an influencer. In one video, he appears to be around the age of six as he proudly sits with folded hands, bright eyes, and a beaming, but partly toothless smile (see Figure 2). He says, “Welcome to Kinder Playtime! Today we have the Kidi Zoom Smartwatch DX. It’s from VTech” (Kinder Playtime). We see the Kidi Zoom unboxed and then depicted in stylized animations amid snippets of Jacob’s smiling face. The voice and hands of a faceless parent guide Jacob as he uses his new wearable toy. We listen to both parent and child describe numerous features for recording and enhancing the wearer’s daily habits (e.g. calculator, calendar, fitness games), and his dad tells him it has a pedometer “which tracks your steps” (Kinder Playtime). But the watch is also used by Jacob to mediate himself and his world. We see that Jacob takes pictures of himself on the tiny watch screen as he acts silly for the camera. He also uses the watch to take personal videos of his mother and sister in his home. The video ends with his father mentioning bedtime, which prompts a “thank you” to VTech for giving him the watch, and a cheerful “Bye!” from Jacob (Kinder Playtime). Figure 1: Screenshot of Kinder Playtime YouTube channel, About page Figure 2: Screenshot of “Jacob,” a child vlogger at Kinder Playtime We chose Jacob for three reasons. First, he is the same age as the children in the Storyworlds study. Second, he reviews the smart watch artifact that we gave to the study children, so there was a common use of automedia technology. Third, Jacob’s parents were involved with his broadcasts, and we wanted to work within the boundaries of parent-sanctioned practices. However, we also felt that his playful approach was a good example of how social media influence overlaps with automediality. Jacob is a labourer trading his public self-representations in exchange for free products and revenue earned through the monetisation of his content on YouTube. It appears that much of what Jacob says is scripted, particularly the promotional statements, like, “Today we have the Kidizoom Smartwatch DX. It’s from VTech. It’s the smartest watch for kids” (Kinder Playtime). Importantly, as an automedial subject Jacob reveals aspects of his self and his identity, in the manner of many child vloggers on public social media sites. His product reviews are contextualised within a commoditised space that provides him a means for the public performance of his self, which, via YouTube, has the potential to reach an enormous audience. YouTube claims to have “over a billion users—almost one-third of all people on the Internet—and every day people watch hundreds of millions of hours on YouTube and generate billions of views” (YouTube). Significantly, he is not only filmed by others, Jacob is also a creative practitioner, as Cayden aspired to become. Jacob uses high-tech toys, in this case, a new wearable technology for self-compositions (the smart watch), to record himself, friends, family or simply the goings-on around him. Strapped to his wrist, the watch toy lets him play at being watched, at being quantified and at recording the life stories of others, or constructing automediated creations for himself, which he may upload to numerous social media sites. This is the start of his online automediated life, which will be increasingly under his ownership as he ages. To greater or lesser degrees, he will later be able to curate, add to, and remediate his body of automedia, including his digital past. Kennedy points out that “people are using YouTube as a transformative tool, and mirror, to document, construct, and present their identity online” (“Exploring”). Her focus is on adult vloggers who consent to their activities. Jacob’s automedia is constructed collaboratively with his parents, and it is unclear how much awareness he has of himself as an automedia creator. However, if we don’t afford Jacob the same consideration as we afford adult autobiographers, that the depiction of his life is his own, we will reduce his identity performance to pure artifice or advertisement. The questions Jacob’s videos raise around agency, consent, and creativity are important here. Sidonie Smith asks “Can there be a free, agentic space; and if so, where in the world can it be found?” (Manifesto 188). How much agency does Jacob have? Is there a liberating aspect in the act of putting personal technology into the hands of a child who can record his life, himself? And finally, how would an adult Jacob feel about his childhood self advertising these products online? Is this really automediality if Jacob does not fully understand what it means to publicly tell a mediated life story?These queries lead to concerns over child social media influence with regard to legal protection, marketing ethics, and user consent. The rise of “fan marketing” presents a nexus of stealth marketing to children by other children. Stealth marketing involves participants, in this case, fans, who do not know they are involved in an advertising scheme. For instance, the popular Minecon Minecraft conference event sessions have pushed their audience to develop the skills to become advocates and advertisers of their products, for example by showing audiences how to build a YouTube channel and sharing tips for growing a community. Targeting children in marketing ploys seems insidious. Marketing analyst Sandy Fleisher describes the value of outsourcing marketing to fan labourers:while Grand Theft Auto spent $120 million on marketing its latest release, Minecraft fans are being taught how to create and market promotional content themselves. One [example] is Minecraft YouTuber, SkydoesMinecraft. His nearly 7 million strong YouTube army, almost as big as Justin Bieber’s, means his daily videos enjoy a lot of views; 1,419,734,267 to be precise. While concerns about meaningful consent that practices like this raise have led some government bodies, and consumer and child protection groups to advocate restrictions for children, other critics have questioned the limits placed on children’s free expression by such restrictions. Tech commentator Larry Magid has written that, “In the interest of protecting children, we sometimes deny them the right to access material and express themselves.” Meghan M. Sweeney notes that “the surge in collaborative web models and the emphasis on interactivity—frequently termed Web 2.0—has meant that children are not merely targets of global media organizations” but have “multiple opportunities to be active, critical, and resistant producers”...and ”may be active agents in the production and dissemination of information” (68). Nevertheless, writes Sweeney, “corporate entities can have restrictive effects on consumers” (68), by for example, limiting imaginative play to the choices offered on a Disney website, or limiting imaginative topics to commercial products (toys, video games etc), as in YouTube review videos. Automedia is an important site from which to consider young children’s online practices in public spheres. Jacob’s performance is indeed meant to influence the choice to buy a toy, but it is also meant to influence others in knowing Jacob as an identity. He means to share and circulate his self. Julie Rak recalls Paul John Eakin’s claims about life-writing that the “process does not even occur at the level of writing, but at the level of living, so that identity formation is the result of narrative-building.” We view Jacob’s performance along these lines. Kinder Playtime offers him a constrained, parent-sanctioned (albeit commercialised) space for role-playing, a practice bound up with identity-formation in the life of most children. To think through the legality of recognising Jacob’s automedial content as his life, Rak is also useful: “In Eakin’s work in particular, we can see evidence of John Locke’s contention that identity is the expression of consciousness which is continuous over time, but that identity is also a product, one’s own property which is a legal entity”. We have argued that children are often caught in the paradox that defines them either as literate digital creators composing and circulating their online selves or as subjectified personas caught up in commercial advertising practices that use their lives for commercial gain. However, through close observation of individual children, one who we met and questioned in our study, Cayden, the other who we met through his mediated, commercialized, and circulated online persona, Jacob, we argue that child social influencers need consideration as autobiographical agents expressing themselves through automediality. As children create, edit, and grow digital traces of their lives and selves, how these texts are framed becomes increasingly important, in part because their future adult selves have such a stake in the matter: they are being formed through automedia. Moreover, these children’s coming of age may bring legal questions about the ownership of their automedial products such as YouTube videos, an enduring legacy they are leaving behind for their adult selves. Crucially, if we reduce identity performances such as unboxing, toy review videos, and other forms of children’s fan marketing to pure advertisement, we cannot afford Jacob and other child influencers the agency that their self representation is legally and artistically their own.ReferencesAbidin, Crystal. “#familygoals: Family Influencers, Calibrated Amateurism, and Justifying Young Digital Labor.” Social Media + Society 3.2 (2017): 1-15.Andrejevic, Mark. “Privacy, Exploitation, and the Digital Enclosure.” Amsterdam Law Forum 1.4 (2009). <http://amsterdamlawforum.org/article/view/94/168>.Atkins, Bridgette, Isabel Pedersen, Shirley Van Nuland, and Samantha Reid. “A Glimpse into the Kids, Creative Storyworlds and Wearables Project: A Work-in-Progress.” ICET 60th World Assembly: Teachers for a Better World: Creating Conditions for Quality Education – Pedagogy, Policy and Professionalism. 2017. 49-60.Beer, David, and Roger Burrows. “Popular Culture, Digital Archives and the New Social Life of Data.” Theory, Culture & Society 30.4 (2013): 47–71.Brophy, Sarah, and Janice Hladki. Introduction. Pedagogy, Image Practices, and Contested Corporealities. Eds. Sarah Brophy and Janice Hladki. New York, NY: Routledge, 2014. 1-6.Craig, David, and Stuart Cunningham. “Toy Unboxing: Living in a(n Unregulated) Material World.” Media International Australia 163.1 (2017): 77-86.Fleischer, Sandy. “Watch Out for That Creeper: What Minecraft Teaches Us about Marketing.” Digital Marketing Magazine. 30 May 2014. <http://digitalmarketingmagazine.co.uk/articles/watch-out-for-that-creeper-what-minecraft-teaches-us-about-marketing>.James, Allison, and Adrian James. Key Concepts in Childhood Studies. London: Sage, 2012.Jenkins, Henry. The Childhood Reader. New York: NYU P, 1998.Jenks, Chris. Childhood. 2nd ed. London: Routledge, 2015.Kennedy, Ümit. "Exploring YouTube as a Transformative Tool in the 'The Power of MAKEUP!' Movement." M/C Journal 19.4 (2016). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/1127>.———. “The Vulnerability of Contemporary Digital Autobiography” a/b: Auto/Biography Studies 32.2 (2017): 409-411.Kinder Playtime. “VTech Kidizoom Smart Watch DX Review by Kinder Playtime.” YouTube, 4 Nov. 2015. <https://www.youtube.com/watch?v=JaxCSjwZjcA&t=28s>.Magid, Larry. “Protecting Children Online Needs to Allow for Their Right to Free Speech.” ConnectSafely 29 Aug. 2014. <http://www.connectsafely.org/protecting-children-online-needs-to-allow-for-their-right-to-free-speech/>.Maguire, Emma. “Home, About, Shop, Contact: Constructing an Authorial Persona via the Author Website.” M/C Journal 17.3 (2014). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/821>.Marsh, Jackie. “‘Unboxing’ Videos: Co-construction of the Child as Cyberflâneur.” Discourse: Studies in the Cultural Politics of Education 37.3 (2016): 369-380.Nansen, Bjorn. “Accidental, Assisted, Automated: An Emerging Repertoire of Infant Mobile Media Techniques.” M/C Journal 18.5 (2015). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/1026>.———, and Benjamin Nicoll. “Toy Unboxing Videos and the Mimetic Production of Play.” Paper presented at the 18th Annual Conference of Internet Researchers (AoIR), Tartu, Estonia. 2017.Palfrey, John, and Urs Gasser. Born Digital: How Children Grow Up in a Digital Age. New York: Basic Books, 2016.Pedersen, Isabel, and Kristen Aspevig. “‘My Eyes Ended Up at My Fingertips, My Ears, My Nose, My Mouth’: Antoine, Autobiographical Documentary, and the Cinematic Depiction of a Blind Child Subject.” Biography: An Interdisciplinary Quarterly 34.4 (2011).Pedersen, Isabel, and Kristen Aspevig. “‘Swept to the Sidelines and Forgotten’: Cultural Exclusion, Blind Persons’ Participation, and International Film Festivals.” Canadian Journal of Disability Studies 3.3 (2014): 29-52.Rak, Julie. “First Person? Life Writing versus Automedia.” International Association for Biography and Autobiography Europe (IABA Europe). Vienna, Austria. 30 Oct. – 3 Nov. 2013.Smith, Sidonie. “The Autobiographical Manifesto.” Ed. Shirely Neuman. Autobiography and Questions of Gender. London: Frank Cass, 1991.———, and Julia Watson. Reading Autobiography. Minneapolis: U of Minnesota P, 2010.———. “Virtually Me: A Toolbox about Online Self-Presentation.” Identity Technologies: Constructing the Self Online. Eds. Anna Poletti and Julie Rak. Madison: U of Wisconsin P, 2014. 70-95.Sweeney, Meghan. “‘Where Happily Ever After Happens Every Day’: Disney's Official Princess Website and the Commodification of Play.” Jeunesse: Young People, Texts, Cultures 3.2 (2011): 66-87.Uhls, Yalda, and Particia Greenfield. “The Value of Fame: Preadolescent Perceptions of Popular Media and Their Relationship to Future Aspirations.” Developmental Psychology 48.2 (2012): 315-326.YouTube. “YouTube for Press.” 2017. <https://www.youtube.com/yt/about/press/>.