David Weinberger proposes that we balance the scales against wrongful DMCA takedowns by adding statutory damages for speech harms. If the law presumes that a copyright holder is harmed up to $150,000 per work infringed, without making it prove actual damage, we should adopt the same approach, and figures, to the measurement problems for lost speech.

We faced the speech-damages question in OPG v. Diebold, which we ultimately settled for $125,000 in damages and attorneys' fees. $5,000 of that was our claim for OPG's hosting disruption; the Swarthmore students who had to pull essential materials from their symposium website couldn't put a dollar figure on that.

Presumed damages could solve that problem and make it easier for those harmed by bad copyright claims to find and pay counsel. As Weinberger says, "Protecting free speech ought to be at least as important as protecting the rights of copyright holders."

ICANN seems to be out to re-prove Hirschman's theories of exit, voice, and loyalty by driving all of its good people to exit rather than giving them meaningful voices. Thomas Roessler, a long-time advocate of individual users' interests on the interim ALAC now suggests it's Time to Reconsider the structure of ICANN's At-Large, as he feels compelled to promise himself not to get involved with ICANN again.

Roessler and Patrick Vande Walle both express their frustration at interference and infighting in the formation of the European Regional At-Large Organization. Here's Roessler:

To this day, I still occasionally dangle my feet into these waters, though I've again and again promised myself not to do it again.

To say I'm disappointed by what I've seen recently would be an understatement: While I'm happy there is a number of people who, presumably, really want to move things, I'm appalled to see how discussions among both European and North American participants take on an increasingly divisive tone. There isn't much to be seen of a common goal to advocate users' interest in ICANN -- rather, a lot of fighting for table scraps (when there's more than enough work for anybody who wants to gamble some of their time on ICANN and its at-large activities!). ALAC's ICANN staff support seems most interested in staging pretty signing ceremonies and press events, one per ICANN General Meeting.

The result? Artificial and rushed time lines, premature consensus calls, and a lot of bad blood and mistrust among participants who really ought to be working together (and have been able to talk reasonably to each other before they got into fights around ICANN). Also, the ability for ICANN to pretend that there's real end user participation and representation, when there are really very few ways (if any) for ALAC to make a real difference in policy decisions -- even though the committee has some limited power to help shape ICANN's policy agenda.

And Vande Walle, concerned that a push for "diversity" became a stereotyped exclusion of experienced participants:

All this for the sole purpose of pushing on the side those who invested a lot of time over the years into ICANN and ALAC processes. If this is an added value to ICANN and ALAC, I do not know. Frankly, I am skeptic. Time will tell.

From now on, I will watch from the outside. So long, guys.

Hirschman notes that exit and voice are alternative means of expressing dissatisfaction with organizations in decline. The smart organization listens and reverses course, the stupid one just declines further.

ICANN needs these people. They have good ideas about how to respond to the public interest in domain name management. But, controlled by commercial interests who'd rather raise prices on their domain-name monopolies or shield trademarks against potential dilution, ICANN doesn't have the inclination to listen to the individuals who make up the public. It keeps sending us back to play in sandboxes building complex structures upon structures, all to shield the organization from having to hear our voices.

So, as the opportunity costs of attempting to deal with ICANN grow too great, good people exit. ICANN asks for bottom-up development, but when there's no way for the bottom to connect with the top, we get frustrated down here and find better things to do with our time.

To students of political economy, at least, the exodus from At-Large should send a louder message than any public comments or advisory committee efforts ever do.