Archives Against the World

Vint Cerf, the vice president of Google, recently spoke at the American Association for the Advancement of Science in San Jose, California.  Most of his remarks were devoted to the fragile nature of digital information and the peril that fragility poses to the historical record: he warned of “bit rot” and “a forgotten generation, even a forgotten century.”  The main problem: most digital data is inextricable from the hardware and/or software needed to access it.  The necessary tapes, programs, disks, hard drives, platforms, operating systems, etc., are mostly obsolete, so vast amounts of data from the last forty years or more remain trapped inside aging, degrading physical media, perhaps never to escape.  Several news outlets shaded Cerf’s remarks with the tone of a dire prophecy from one who has seen our dark future and come to warn us of its immanent arrival.  

 

This was all deeply annoying to archivists, most of whom have been with the problem of digital obsolescence -- cleaning up the mess left behind by people just like Vint Cerf -- every day for the past twenty years (at least).  Cerf’s warning comes late for those of us who have stacks of unlabeled 5 ¼” floppy disks from the 1980s sitting in boxes in our vaults, their contents a total mystery.  In addition, as Luciana Duranti pointed out on the Archives and Archivists listserv, Cerf was selling something: “digital vellum,” a way of storing information via cloud computing that would bundle together the digital data with the information needed to access that data, ensuring that future systems would always have what they needed to keep the data available.  Coincidentally, would this be a service that Google might provide?  Friends, are you tired of dealing with the heartbreak of bit rot?  Is your data outdated?  Your hardware gone soft?  Now there’s Google Vellum, the new product that everyone’s talking about!  Your data will stay fresh for years...

 

You can see why archivists met Cerf’s remarks with a collective shrug.  But what no one reacted to was the very last thing (according to the news reports) that Cerf mentioned during his talk.  “To do this properly,” he said, “the rights of preservation might need to be incorporated into our thinking about things like copyright and patents and licensing.”  Cerf is talking about “digital rights management,” or DRM.  I want to discuss DRM and its long-term implications for archives, but I don’t want to call it DRM because the phrase “digital rights management” is a maddening euphemism.  The producers of digital consumer goods exercise varying amounts of control (but always some control) over the goods they produce after those goods have been purchased; this leads necessarily to exercising control over the behavior of the consumers themselves.  That’s what DRM actually means.  It represents the linguistic shift away from “consumers” towards “users,” away from “goods” towards “apps” and “services,” away from the notion that those who purchase products have any meaningful claim of ownership over those products and towards the legal reality of “content” temporarily “licensed” to an “end-user.”  “DRM” is also misleading because it contains the word “digital.”  DRM can be applied to analog objects that interact with digital devices, the way Green Mountain Coffee applied DRM technology to its Keruig coffee pods and brewing machines to prevent other companies -- and more significantly, its own customers -- from creating their own pods for Keurig machines.  

 

To make the issues at stake clearer, I’m going to swap the phrase “digital rights management” for “consumer control” -- ConCon for short.  ConCon has been embraced by every corporation in the world as the way of the future.  The governments of the world have followed their lead.  The WIPO Copyright Treaty of 1996 requires participating nations to enact legislation making it illegal for consumers to even attempt to circumvent ConCon.  The 1998 Digital Millennium Copyright Act was the U.S.’s version of that legislation.  It’s easy to see why ConCon is the dominant paradigm for corporations selling digital products or offering digital services.  Those companies are essentially information brokers, whether that information takes the form of movies, music, books, games, polling data, traffic patterns, news reports, housing prices, or dating profiles.  In order to protect their revenue streams, these companies have to protect their particular information and the wrapper it comes in from being copied and distributed for free.  That’s why, despite the fact that consumers universally loathe ConCon, it’s only going to get more common.  Almost universal.  But as strange as that world is going to be to live in, I’m more concerned about the implications of that ConCon-saturated world for the future of archives.

 

This is the part where I will sound paranoid to some of you.  Sorry, but here goes:  I believe ConCon will eventually pose an existential threat to archival institutions as we now understand them.  Not digital preservation.  Consumer control measures.  Long-term digital preservation is essentially a technical problem, no matter how complicated and difficult the solution.  There are excellent tools being developed at this moment to help solve the digital preservation problem.  ConCon measures are not just a technical problem, they are a legal problem, with the full force of private property and governmental interests devoted to preventing that problem from being solved.  Not only are information brokers totally uninformed about and uninterested in the (relatively) open access to information archives offer; they’re openly hostile to it, as that access represents a potential threat to their profits.  As more and more digital information is encased in proprietary formats with ever-more restrictive use licenses, that access -- which archives depend to deliver useful information to their patrons -- will dwindle away.

 

Maybe some technology companies will offer archives to purchase licenses to access specific types of proprietary digital files and/or media.  That would make any archive that purchased such a license yet another revenue stream for that company, with obvious ethical, legal, and financial complications following.  Perhaps other tech companies will decide to cut out the archival middle man and offer their own services for migrating old data into new formats, as with Google’s digital vellum, for the price of either financial compensation, some form of ownership/rights over the data, or both.

 

Or maybe archivists will decide to do what the owners of those Keurig machines did: figure out ways to get around the ConCon restrictions.  Archivists could simply hack their digital media to disable or circumvent ConCon.  This would obviously put them on the wrong side of their institutions’ administrators and any legal counsel they might have.  Even hacking non-commercially available software and hardware for preservation purposes puts archivists in a legal gray zone at best.  In our ConCon future, it’ll be impossible to present most digital information without either legally and financially acquiescing to ConCon or illegally defying it.  

 

But what would defying ConCon institutionally look like?  Would those archives be quasi-legal institutions, or even outright outlaws, based on free and open access to digital primary sources?  Will the archives of the future -- not the “licensed” archives, but the archives with information that patrons actually want to use, the archives with actual original documents -- for all intents and purposes end up looking something like a better-curated Wikileaks, with finding aids?

 

I argued in my first blog post that archives are, by their very nature, subversive institutions.  I think ConCon will eventually force each archivist to decide for him or herself he or she wants embrace the subversive aspect of archives’ cultural imperative.  That, in turn, will change the face of the field of archives as a whole.

 

But who knows?  Nobody can predict the future.  I might be wrong.

 

I might be.

 







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