How to Build a “Shareable City”

Shareable and the Sustainable Economies Law Center have released a fantastic new report surveying the ways in which cities can adopt policies to promote “sharing” in a range of areas -- food, housing, transportation and jobs.  The landmark report, “Policies for Shareable Cities:  A Sharing Economy Policy Primer for Urban Leaders,” pulls together “scores of innovative, high impact policies that US city governments have put in place to help citizens share resources, co-produce, and create their own jobs.” 

What exactly is a “sharing city”?  It’s one that encourages carsharing and bikesharing programs through specific policies, such as designating “pick-up spots” for ridesharing and altering local taxes to make carsharing more attractive.  A sharing city is one that encourages urban agriculture on vacant lots and allows homegrown vegetables to be sold in the neighborhood.  A shareable city supports innovations like shared workspaces, shared commercial kitchens, community-financed start-ups, community-owned commercial centers, and spaces for “pop-up” businesses.  It also encourages home-based micro-enterprises by lowering permitting barriers.

What’s impressive about this 40-page report is that it provides a practical action plan that any city could pick up and implement immediately.  Yes, there are larger federal and state policies that could help make cities more shareable and liveable, but it is a misconception that only such big, bold policy reforms will work.  Municipalities can take a wide number of modest steps right now that, by supporting the "micro-dynamics" of social life, can have enormous macro-impacts on the affordability, social fabric and quality of life of a city.  As a report focused on American cities, it’s unclear to me how far the policy recommendations may apply to non-American cities....but I suspect that many of the ideas could work abroad.  

The report’s introduction explains the rationale behind the shareable city:

The sharing economy challenges core assumptions made in the 20th century planning and regulatory frameworks – namely, that residential, commercial, industrial and agricultural activities should be physically separated from one another, and that each single family household operates as an independent economic unit.  The sharing economy brings people and their work back together through sharing, gifting, bartering, and peer-to-peer buying and selling.  City governments can increasingly step into the role of facilitators of the sharing economy by designing infrastructure, services, incentives and regulations that factor in the social exchanges of this game-changing movement. 

Book publishers love that libraries can act as free marketing venues, introducing readers to new authors and keeping them focused on books.  But publishers don’t like it when libraries act as commons – that is, when they promote easy access and sharing of knowledge.  A successful commons may modestly limit a publisher’s absolute copyright control – and even minor incursions on this authority must be stoutly resisted, publishers believe.     

One of the more egregious such battles now underway is a lawsuit filed by Harvard Business School Publishing, John Wiley and the University of Chicago Press against the Institute for the Study of Coherence and Emergence.  ISCE  is a small, nonprofit membership group that “facilitates the conversation between academics and business people regarding social complexity theory, particularly the implications for the management of organizations.” 

The focus of the publishers’ lawsuit is ISCE’s virtual library of 1,200 books.  May ISCE self-digitize and lend its virtual books to its members on a one-usage-at-a-time basis, for private, educational, non-commercial purposes? 

The publishers say no, and are seeking to establish their legal authority to shut down such unauthorized “reproduction, display and distribution” of the books.  But ISCE counter-claims that the fair use and first-sale doctrines of copyright law give it the legal right to lend its virtual books.  (Fair use is the legal doctrine of copyright law that allows excerpts to be shared noncommercially.  The first-sale doctrine prohibits the seller from controlling what a consumer does with a book or DVD after it is purchased, such as renting it, lending it or giving it away.)  ISCE claims, in addition, that libraries are entitled to special-use privileges under copyright law, which apply in this instance.

The Journal of Latin American Geography has dedicated an entire issue (vol. 12, no. 1) to surveying the state of commons on that continent. The special issue (in English) consists of nine essays, the first of which provides a helpful overview of the state of Latin American commons and commons research. (A listing of abstracts here.)  This academic treatment gives some welcome visibility and depth to the study of the commons in that vast region of the world, much of which is besieged by aggressive neoliberal policies that seek to extract vast natural resources in the name of "development." 

The Journal focuses on a range of commons-related themes in various countries, including the effect of rural out-migration from Mexico on commons there; new efforts in Costa Rica to treat biodiversity as a commons; the struggle of indigenous peoples in Brazil to secure tenure rights to their communal resources; and use of commons by marginalized people in Argentina to manage wild guanacos, a large, llama-like ungulate valued for their meat, skins and fibers.

The overview essay on current trends in Latin American commons research, by James Robson and Gabriela Lichtenstein, shines a light on the development agenda of oil and mining industries while noting the many legal and political changes that have reinstated communal property regimes.  Many countries, such as Brazil, Honduras, Venezuela and Nicaragua, have formally recognized the communal rights of indigenous communities to their traditional territories.  Overall, there is a “upturn in communal land tenure over time,” write Robson and Lichtenstein. 

Here’s a development that could have enormous global implications for the search for a new commons-based economic paradigm.  Working with an academic partner, the Government of Ecuador has launched a major strategic research project to “fundamentally re-imagine Ecuador” based on the principles of open networks, peer production and commoning.   

I am thrilled to learn that my dear friend Michel Bauwens, founder of the P2P Foundation and my colleague in the Commons Strategies Group, will be leading the research team for the next ten months.  The project seeks to “remake the roots of Ecuador’s economy, setting off a transition into a society of free and open knowledge.” 

The announcement of the project and Bauwens’ appointment was made on Wednesday by the Free/Libre Open Knowledge Society, or FLOK Society, a project at the IAEN national university that has the support of the Ministry of Human Resource and Knowledge in Ecuador.  The FLOK Society bills its mission as “designing a world for the commons.” 

The research project will focus on many interrelated themes, including open education; open innovation and science; “arts and meaning-making activities”; open design commons; distributed manufacturing; and sustainable agriculture; and open machining.  The research will also explore enabling legal and institutional frameworks to support open productive capacities; new sorts of open technical infrastructures and systems for privacy, security, data ownership and digital rights; and ways to mutualize the physical infrastructures of collective life and promote collaborative consumption.

Oct
18

Vermont Law School

"Our Common Waters," a panel discussion, Vermont Law School, South Royalton, VT.  With Melissa Scanlan, Ann Brummitt and Jack Tuholske.  Noon to 2 pm.  More information here.

What would the world look like if we began to re-conceptualize food as a commons?  Jose Luis Vivero Pol of the Centre for Philosophy of Law at Catholic University of Louvain in Belgium has done just that in a recent essay, “Food as a Commons:  Reframing the Narrative of the Food System.”  

The piece is impressive for daring to imagine how the world’s estimated 668 million hungry people might eat, and how all of us would become healthier, if we treated more elements of the food production and distribution system as commons.  Instead of managing food as a private good that can only be produced and allocated through markets, re-conceptualizing food as a commons helps us imagine “a more sustainable, fairer and farmer-centered food system,” writes Vivero Pol. 

One reason that the commons reframing is so useful is that it helps us see the ubiquity of enclosures in the food system.  We can begin to see the galloping privatization of farmland, water, energy and seeds.  We can see the concentration of various food sectors and the higher prices and loss of consumer sovereignty that comes from oligopoly control. 

Enclosure is snatching shared resources from us and preventing us from managing them to maximize access and good nutrition.  This is often known these days as “resource grabbing,” as companies and national governments race to seize as many abundant, cheap natural resources as they can on an international scale.  This is one reason for the many pernicious enclosures of land commons in Africa and Latin America in recent years. There is a huge exodus from traditional and indigenous lands as China, Saudi Arabia, Korea, hedge funds and others buy up natural resources.  These enclosures are moving us “from diversity to uniformity, from complexity to homoegeneity, and from richness to impoverishment,” writes Vivero Pol.  

In this age of marauding markets, it almost seems quaint to ask, “Who owns culture?”  We know the answer.  When push comes to shove, the owners of copyright, trademarks and patents own everything.  We may think that the music, images and stories of our culture belong to us, but as a matter of law, in the 165+ countries that have signed the Berne Convention, our designated role is....to buy (and not use someone else's "property.")   

A new book of essays complicates this picture.  Negotiating Culture:  Heritage, Ownership and Intellectual Property -- just published by the University of Massachusetts Press -- points out some of the distinct limits to “intellectual property’s” dominion.  The book is a series of essays by academics from various disciplines that explores how social practice and culture have their own moral legitimacy and social power -- enough to push back on claimed property rights. 

The book chronicles controversies over who should have legal rights of ownership and control over Native American remains, Green and Roman antiquities, works of art looted by the Nazis, among many other objects and resources.  We are asked to consider whether culture should be treated as property that can be bought and sold (and treated accordingly), or whether it must be considered inalienable, or not suitable for sale on the market, and treated with the utmost dignity and respect.  

These are the magic words:  It seems that the core issue in so many of these disputes is a matter of identity, dignity, respect and, of course, power.

Museums are increasingly at the epicenter of cultural ownership issues these days.  The 2005 trial in Italy of Marion True, the former curator of classical art at the J. Paul Getty Museum, is a beautiful case study of how social norms about the ownership of ancient antiquities have dramatically shifted.  Prior to that trial, museums often bought or accepted donated antiquities without too much thought about the provenance of the work.  After all, antiquities don’t usually come with title deeds or receipts, and it was an open secret that many of them were dug up by looters and spirited out of the country into the hands of profit-minded dealers.

In South Amherst, Massachusetts, they just put up a sign!

My friend Silke Helfrich recently wrote a great blog post about the importance of infrastructure to the commonsdrawing upon the keynote talk on infrastructure by Miguel Said Vieira at the Economics and the Commons conference in Berlin, in May 2013.  Silke reviewed Miguel's talk, prepared in collaboration with Stefan Meretz – and then added some of her own ideas and examples.  Here is her post from the Commons Blog:  

Infrastructure is, IMHO, one of THE issues we have to deal with if we want to expand the commons….Let’s start with a few quotes from the (pretty compelling) framing of the respective stream at ECC, which was called, “New Infrastructures for Commoning by Design.”

"Commons, whether small or large, can benefit a lot from dependable communication, energy and transportation, for instance. Frequently, the issue is not even that a commons can benefit from those services, but that its daily survival badly depends on them. … When we look at commoning initiatives as a loose network, it does not make sense that multiple commons in different fields or locations should have to repeat and overlap their efforts in obtaining those services (infrastructures) independently…“

We need to sensitize commoners about the urgent need for Commons-Enabling Infrastructures (CEI). That is, we need infrastructures that can “by design” foster and protect new practices of commoning; help challenge power concentration and individualistic behavior are based on distributed networks (as extensively as possible) provide platforms which enable non-discriminatory access and use rights (for instance: a “ticket-free public transport system” is not cost-free, but it is designed in such a way that the funding of maintenance is not tied to the traveller’s individual budget).

The three of us at the Commons Strategies Group were astonished recently to discover extensive, ongoing manipulations of email communications related to our commons work and our planning of the Economics and the Commons Conference (ECC) in May. Below is a letter that we have sent to participants of that conference:

Dear ECC participants and other friends,

We wish to share with you some shocking news that affects all of us.

We recently learned that a person working closely with the Commons Strategies Group, especially in connection with the Economics and the Commons Conference (ECC) in May 2013, had been manipulating ECC planning and intercepting our email communications for at least 18 months.

Through traces of IP addresses and partial confessions, both oral and written, we have confirmed that Franco Iacomella made it impossible for a colleague to attend the conference and had been blocking selected email communications to Michel Bauwens, CSG co-founder and head of the P2P Foundation. He was interfering with email sent to Michel from 55 email addresses, many of them used by ECC participants. (A full list is included at the end of this letter. We apologize for sharing the email addresses, but the issue deserves detailed attention.)

Emails from these people were either deleted, leading many people to conclude that Michel had simply ignored them, or selectively filtered. Some were diverted by Iacomella and given phony responses. As one might expect, these revolting manipulations made it extremely difficult for people to cooperate in reliable ways. Iacomella's filtering also sowed seeds of confusion and distrust among people working with Michel, and among members of the Commons Strategies Group and the ECC team. We sincerely hope that throughout the conference you did not feel too much of the impact.

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