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If reputation is money in the bank, who owns the PIN?

By | June 6, 2007, 10:17am PDT

As evidenced by the many lawsuits against Google concerning PageRank or other search result (read reputational) slippage, the notion that you own your digital reputation — even if it is at bottom a collaborative work that begins with your actions, but thereafter depends on the reactions of others — has legs. Michael O’Connor Clarke wrote an interesting post along these lines at Uninstalled called Web 3.0 and Personal Reputation Management:

I’m still not quite sure where I’m going with this, but I feel the need for some secure, personal repository that would hold all of my connections and “whuffie” together. I want to keep my whuffie in my wallet - but not in a Microsoft Passport/Hailstorm kind of way. Ack, no.

It should include most elements of OpenID, a lot of FOAF, and maybe some of the stuff being worked on by the Attention Trust people.

I want it in XML, of course, and I want it to be incredibly easy to implement and use, as secure as it possibly can be, and extensible without being completely unmanageable.

Naturally, I’d want everyone to adopt it – from eBay to Amazon, Facebook to Flickr, Google to Microsoft to Yahoo.

Critically: no vendor (or government) can own it.

My reputation and relationships are mine. They’re the sum of the gifts of friendship and respect people grant to one another over the years; the currency we earn through our life and work. And like the other, folding kind of currency, I should be able to carry my stock of links, linkages and laurels with me from one Web experience to the next.

In law, the intrinsic value of one’s reputation crops up in the mishmash of defamation, intentional interference, and right of publicity principles. Privacy too, since reputation depends as well on what one does not reveal. (You should, or wait you shouldn’t, see the dishevelled snarl that is my hair right now.) And let’s not forget intellectual property (there’s the “P” word), since copyright, patent, and particularly trademark exist in part to protect the reputational identity that accompanies the acts of creating and doing business.

The Attention Trust says that attention is property, that you own it and can store it where you wish, and that such ownership and the right of control go hand in hand. Michael suggests the same is true of reputation. It’s more difficult for me to get my arms around what the sum total of one’s reputation might be, and whatever it is, whether it matters that it’s a joint and not a solo creation (e.g., Tom Williams‘ act of Facebook-friending Michael and vice versa). However, these seem like mere speed bumps to recognizing rights of ownership and control comparable to those posited for attention.

More from Joe Andrieu.

[Disclosure: I'm on the Board of the Attention Trust.]

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Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law.

Disclosure

Denise Howell

I am a practicing lawyer and consultant on legal issues relating to the Live Web and social media, with a small, hardy, and eclectic group of clients. From time to time I may mention one of them and/or their activities on my ZDNet blog (as I have done periodically on Bag and Baggage), but if so I will try to always remember to identify them as such in the post itself. I blog and podcast in various and sundry places. Those that pay me at the moment and/or are anticipated to do so are here at ZDNet, and over on TWiT.tv for my show this WEEK in LAW. I speak fairly regularly at conferences or other events; some of these involve actual compensation, though most do not. Boards: I am on the board of the Attention Trust, and the advisory boards of Top Ten Media and the Law and Policies Institutions Guide. Investments: I invest or have invested tragically modest sums of money in technology (and occasionally other) companies for which I have a personal affinity, including Google, Apple, Amazon, and eBay. My investment accounts include individual stocks and mutual funds the precise composition of which I have long since lost track of. And my husband invests some of our community funds in Goodness Knows What. It is thus entirely possible that I or my family have some miniscule financial interest in companies about which I write here from time to time, and you should feel free to take that into account — though as a generally pleased user I think I'd probably write enthusiastic things about Apple and Google even if I weren't purchasing tiny amounts of their stock in anticipation of the value I hope it will have when my son reaches college age.

Biography

Denise Howell

Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law. For further details please see her professional background and speaking schedule.

Denise's career is characterized by her passionate engagement in intellectual property issues, technology, media, and all forms of online communication. She writes one of the first law-related weblogs, Bag and Baggage and coined the term "blawg" as shorthand for legal weblog. She hosts this WEEK in LAW on TWiT, probing the areas where technology and society intersect in ways that present new, unique, or difficult issues under existing and developing law, and has a further audio series at IT Conversations, Sound Policy. She is a regular columnist for The American Lawyer magazine. Denise is a member of the Identity Gang, Project VRM, a board member of the Attention Trust, and an advisory board member of Lisensa/Top Ten Media and the Law and Policy Institutions Guide

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