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SPARK.  EXHALE. Also know as inspiration.   Over the past 24 hours, dear friends, mentors of mine – my wife, children, folks I regard among the nation’s finest corporate lawyers, legendary heads of law firms, but web sites too, and a very dear friend -whom I sometimes call MotoHepCat, a Mind Jazz virtuosos, gave me a tremendous gift today.  They gave me a wake up call.  “Get with it and do your thing.”  OK.  I hear you.  Thanks for your love and patience.  Here I go.

MOTION. I’m going to think out loud, taking the wraps off stuff I’ve published or discussed only in closed circles for a very long time.  Now that I’m freed, at least for now, from the constraints of in-house corporate law practice, litigation, and all that comes with it, I’ll share or create insights, thoughts, deconstructive creativity, and paradigm shifts that I sincerely believe make this planet and it’s noisiest sentient species a bit more sustainable, adaptive, workable, kinder, gentler, and happier.

IT’S NOT INFRASTRUCTURE.
  So my next post will be on something I’ve been working on for a very long time: how to solve the seemingly intractable mess that’s the Internet.  Funny thing is the Internet – in and of itself – is fine; it’s the inputs into the Internet that are – using a word uttered in a corporate meeting that I just love – “horking” it all up.  The inputs however, are not limited to the gear you use to make the thing work.  They include the law.  But, in essence, the inputs are the very assumptions we as a society bring to things like “communications networks”, “telecommunications regulation”, “market”, “dominant / non-dominant” “carrier” and so on.  Without spending too much time on the why or how we got here, but jumping right to the point, what was true of technology, society, economics, law, regulation and the planet 130 years ago is true no longer.

NEW FRAMING.  Doc Searls is one of the smartest lawyers I’ve ever known.  It’s probably because he’s not a lawyer that he’s such a damn good lawyer.   He’s good because he Gets It.  “It” are the details that matter.   Truth is, very few details ever really matter; the rest is noise.  Blogshpere and the Internet is, in many respects, detail replicating itself utterly out of control without much in the way of meaning, reflection, creativity, authenticity, humiliy or love.  Yes.  Love.  It matters.   Doc sees the things few others see; he sees what I only began to see after taking on the machine in 100+ days of hearings across 30 or so states pitting the innovation engine (and sometime echo chamber) we call the Internet against “the way things have been.”  He clued me in to the power of framing.  I can tell you from a regulatory litigator’s perspective, having tested this for about a dozen years before the FCC, every single state public utility commission in the nation and in many federal courts, there are few things that I care about more than framing.   Basically, if your framing is superior you win.  Period.   Great lawyers get this.  And so does Doc Searls.

NEXT: I’ve got a new frame coming.  I’ll post it shortly.  By way of utterly shameless self-promotion Doc likes it.  But that’s way more than good enough for me, though I’ll let you be the judge.   And, just to spice things up, I’ll post things like the Singularity Physics of Litigation, which is a sub chapter in a presentation I gave to a Continuing Legal Education seminar in Denver awhile ago, though it was nothing compared to the supernova that Chris Savage unleashed.  I’ll see if Chris will let me post that here & you can decide for yourself.

ONWARD.  With that, we’re off and running.   So, shortly – and “short” is coming from a guy with the world’s greatest wife – she rocks; five children, a couple of big dogs and no end of reptiles and other creatures – in other words, it’s an experiential measure.  My life is intense enough that several hours can pass in seconds, like when my twin boys unleash a hose in the living room after unloading the refrigerator and running their Tonka trucks through the resulting mud track.

OFFER.  Whatever I do with this, I will sincerely strive here to be honest, articulate, check all of my facts, but leave my ego – at least as much as any attorney can bear to part with – at the door.   So keep me honest and I’ll do the same for you, with kindness, compassion, and, to the best of our abilities at the time,  in service of something greater than any of us here.  It’s how we make the next world: together, one moment, one decision, one thought, one action at a time.

ACCEPTANCE.  In this final regard, this blog is no more “mine” than yours.  Until read, it’s nothing; just symbols on a page.   The reader and the writer together, create meaning.  I welcome your participation and will do everything I can to make any journey we take worthwhile.

CONTRACT.  Giddy Up!

Erik