Orrin Hatch Crosses All Lines

It’s not clear which portions of the Bill of Rights or Constiturion Orrin Hatch considers sacred, but given his interest in allowing RIAAvens to destroy the computer of someone who downloads copyright songs illegally, I could only answer for certain “Article I, Section 3.”

Choice quotes from the linked article:

During a discussion on methods to frustrate computer users who illegally exchange music and movie files over the Internet, Hatch asked technology executives about ways to damage computers involved in such file trading. Legal experts have said any such attack would violate federal anti-hacking laws.

“No one is interested in destroying anyone’s computer,” replied Randy Saaf of MediaDefender Inc., a secretive Los Angeles company that builds technology to disrupt music downloads. One technique deliberately downloads pirated material very slowly so other users can’t.

“I’m interested,” Hatch interrupted. He said damaging someone’s computer “may be the only way you can teach somebody about copyrights.”

The senator acknowledged Congress would have to enact an exemption for copyright owners from liability for damaging computers. He endorsed technology that would twice warn a computer user about illegal online behavior, “then destroy their computer.”

“If we can find some way to do this without destroying their machines, we’d be interested in hearing about that,” Hatch said. “If that’s the only way, then I’m all for destroying their machines. If you have a few hundred thousand of those, I think people would realize” the seriousness of their actions, he said.

So Senator Hatch, a legislator, wants to cede law enforcement, the duty of the executive branch of the government to private industry. Further more, he wants that private industry to punish a civil offense with damage to personal property (I cannot fight the bold font any longer) without due process and without a warrant (illegal search and seizure).

He wants this to protect an industry that’s doing its best to hang itself with mediocre music, boy bands, American Idol, and targetting an audience with no disposable income but with Kazaa.

I wish I lived in Utah so I could vote against him.

“There’s no excuse for anyone violating copyright laws,” Hatch said.

Hang ’em high, Judge Roy Bean. Make it a capital strict liablitly offense then.

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Excessive Fairness

Aristotle said, “Everything in moderation,” and the bureaucrats at the forthcoming People’s Democratic Republic of Europe know that since a little moderation is good, a great deal of coerced moderation must be better. Hence, they want to moderate every type of Internet site to ensure that both sides of any issue get equal time to express their viewpoints. CNet’s Declan McCullagh has the details.

As I have said before, some think that the linchpin of democracy was the unlegislated mandate called the Fairness Doctrine.

Of course, the same people tend to think that your property, whether it’s your radio station or your Web hosting, does not belong to you, it belongs to the hoi polloi, and they get to administer the application of your limited rights to your own property. You’re not qualified to decide who gets to speak on your time and your dime.

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What Does The Singular Iranian Mind Want?

According to the BBC, to whom I was pointed by Instapundit, it wants US intervention in its uprising against the ruling theocracy.

According to the St. Louis Post-Dispatch, which I get delivered on weekends because, well…. hmm, I’ll get back to you on that, the Iranian people does not want US intervention in its uprising against the ruling theocracy.

Which is it? The answer is Yes.

Because The People of Iran is not an It, they’re a They. Because the individuals within any group of people, especially a group narrowly defined based on ethnicity, location, or nation, hold different and often contradictory positions on any number of issues, you can probably attribute any sentiment to The People and not be wrong.

However, it’s an interesting way of flushing out a “journalist” and his or her own personal biases. Whenever reading one of these pieces, you can determine the point of view closest to the heart of the “journalist” (not counting limited omniscient, which is the Point Of View many journalists think they have). The “journalist” projects this sentiment to the People.

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Warning: Your Middle Class Assumptions Are Exposed

As I was reading a nice hefty copy of the printed Chicago Tribune last Sunday (since I was in Chicago, donchaknow), I came across a story entitled “Critics: Is broadcast TV worth saving?” with “Some question its relevance” as the subhead (if you’re quick, you can see an online copy of the article here but be advised it goes to the pay archive on the 15th).

Here’s what those critics say:

Yet some critics say the system is irreparably broken and growing more irrelevant in the face of competition from cable and satellite services, even as the federal government has moved to prop up the broadcast industry.

Yessiree, free broadcast television is irrelevant because we middle class writers and critics can instead spend $50 or more a month of our extensive writin’ and criticizin’ salaries on the licensed luxury of paying some company to pipe entertainment into our homes. Of course, when projecting our own experience of life onto the whole wide country, perhaps we ought to take into consideration those people who cannot afford digital-quality audio and sound (except when technical difficulties interrupt service, sorry, no prorated refund). Don’t the Critics normally champion the underprivileged?

Let me see if I can sum up the reasons the Critics want broadcast television to die:

  • Selling the rights to those portions of the electromagnetic spectrum would raise money that the government could then fritter away as it normally fritters away money, typically in ways the Critics like.
  • Broadcast viewers are disenfranchised because broadcasters target programs to the audiences advertisers want. That is, the broadcasters have some greedy commerce considerations.
  • Broadcasters don’t act in the public interest, or in a public way that can be measured, at least by the arbitrary standards assigned according to the Critics’ preferences. Acting in a public way is hard to measure, I would guess, unless of course by in a public way they mean like NPR and PBS, who properly use government money to promote a proper-thinking point of view.

    Because “accessible to anyone in the nation owning a rooftop antenna and a TV” and “Even today, most Americans get their news from broadcast TV” are not enough.

  • The Fairness Doctrine, which allowed advocacy groups to provide a counterpoint to station management (FREE AIR TIME! GET YOUR FREE NUTBAR AIR TIME HERE!), was eliminated. This probably isolated the Critics and their fellows, relegating them (but not regulating them) to unwatched, public interest minded outlets (see also NPR, PBS).

    How did the article put it at the very end, the pièce de résistance?

    “Where there is no fighting or opposition in viewpoints,” said Herbert Chao Gunther, chief executive of the nonprofit Public Media Center, “there is no democracy.”

    Got that? The linchpin of democracy was the unlegislated mandate called the Fairness Doctrine.

I think that about sums up this article. The FCC, an appointed body, not an elected body (as George Carlin often points out), should replace the current system, which allows any yahoo with a receiver to pick up entertainment and news broadcast for free, with a license-fee-based system that the industry loves, where that yahoo has to buy or rent the receiver (a television set) and then pay a monthly license fee of some sort to the cable company or dish company to keep the signal coming to the receiver. Apparently everyone the Critics know has a subscription system, and the Critics cannot imagine differently.

This same middle-class myopia allows policy squawkers to banshee the very thought (blasphemy!) of taxing Internet sales, not realizing (or caring, perhaps) that the duty-free world of Internet commerce unfairly burdens those who do not have a secure Internet connection and/or a credit or debit card with an artificially inflated percentage of sales taxes. But that’s a rant for another day.

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Headline: Sisters of Mercy plans to sell health center in Texas

Caught this headline on the St. Louis Post-Dispatch’s Web site. Of course the article clarifies that the Sisters of Mercy Health System St. Louis, a nonprofit health conglomerate (can nonprofits be conglomerates, or is that word reserved for the greedy corporations?).

Not the, you know, Sisters of Mercy. Although it would have made the article much more interesting indeed.

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The Perfect Charge For Hoaxes!

Fark provides a link to a story in the Washington Post about some artists who, metaphorically, paraded around looking like nutjobs in front of the U.S. Capitol.

Buried in the story is this nugget:

Although the objects under the duct tape turned out to be harmless, Olaniyi and Patel have been charged with interstate transportation of an explosive device, a charge that can be used in a hoax.

And, apparently, in situations where no explosive devices exist. Unless, of course, the explosive device in question is their van.

Luckily for the kids in Casinoport, they didn’t cross any lines with their chickens-in-a-box devices.

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Parks Are Not For the People, Parks Are For the Park Officials

/. points to a story about how Minnesota parks are cracking down on the esoteric hobby of geocaching. Buried within the article, we get this nugget:

They worry that hundreds of people tramping through their woods will damage plants and habitat.

Dang! I thought parks were to give people the opportunity to tramp through plants and habitat. This quote would seem to assert that parks are really designed to keep park officials employed or to maintain habitats for flora and fauna.

Until such time as the flora, fauna, and park officials pay to preserve these parks, instead of gigging my paycheck for it, I say, “Honey, have you seen my tramping shoes?”

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Hijinks Not Yet A Felony

Here in Casinoport, four high school students are getting the pamphlet thrown at them for a senior prank. Ill-advised youngsters ran into their high school cafeteria while wearing masks and carrying boxes with chickens in them to release said chickens. They’re getting misdemeanor disturbing the peace (or maybe “Disturbing the 10-Piece Bucket”) charges. What an outrage!

You mean it’s not yet a felony to wear masks in public or carry chickens in boxes? Legislators, take note! We need to make an example of these young men, assuring that they’re stigmatized for life and that they forever have to tell this particular story when checking that little “Yes, I have been convicted” box on job applications. And if they’re convicted felons, they can’t vote against you! Win/win!

Remember, when have senses of humor are outlawed, only outlaws will have a sense of humor. And in case it’s a law exempt from ex post facto, allow me to assert “I am serious.”

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Kirk Built a Gun From Sulphur, a Tube, and His, uh, Urine and Vinegar

Fark (and other sources) are reporting about the New Zealand guy who’s building a cruise missile in his garage from parts he bought, essentially, in electronics catalogs from around the world, and get this, New Zealand Customs didn’t stop the legal parts trafficking!

Let the uproar begin. So this yahoo fancies himself Tom Swift or the modern equivalent, who instead of building a time machine or rocket to get to Saturn, builds a cruise missile or a Ptomekin-class nuclear submarine. It ain’t easy to do on one’s own, and if he can do it, more power to him. However, the Hysterics-That-Be will undoubtedly want to clamp down on mail order now and maybe even curiosity among the civilian populace.

Remember, Captain James T. Kirk once built a gun out of the surrounding environment (while nearly shirtless, no less). But in the end he didn’t kill the guy in the awkward lizard costume out of civilized behavior.

Perhaps society and its emissaries (of which government is but one, and a subserviant one at that) should work on promoting civilization and not worry so much about taking away our individual pointy objects. Civilized people don’t use them on one another without good reason. Or reason, anyway.

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Unemployment Does Not Count Many, Say Experts Who Want Funding

According to the Sunday edition of the St. Louis Post-Dispatch, unemployment is undercounted because:

It does not count the substantial number of Americans who have gone back to school because they can’t find a job or those who have taken a part-time job for much less pay. It does not include people who, unable to find work, have set themselves up in businesses, many as home-based consultants.

That’s right, the official unemployment numbers do not include students or people who are employed.

Also not represented in the numbers, experts (in technical writing, and by “experts” I mean I) also point out that official unemployment does not include homemakers who know raising children is a full-time job, thousands of registered and active Chicago voters who happen to be deceased, dozens of fetuses, dogs and cats who have obtained credit cards, illegal migrant farm workers who have returned to their points of origin, and Canadians.

By the time you add it up, the number actually exceeds the population of the United States. That’s right, unemployment has skyrocketed to 135%. We need block grants, stat! Please send the government checks to Brian J. Noggle, care of this Web site.

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Surprise Larry Ellison This Christmas

What do you get the billionaire who has everything, including a fighter jet and a special disposition to land planes at his rural airport at night? How about his own aircraft carrier?

He’ll probably drop the $4.5 million on this WWII-era (but in use until recently by the Brazillian Navy) carrier. He’ll expense it, of course, as part of his long term rearming so that Oracle can retake its rightful position as database market leader, by force if necessary, from IBM.

(Thanks to /. for the pointer.)

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My Jaw’s Better, Thanks

Now that I am well on the way to recovery from the bruises on my chin suffered when I was astonished by Harley Soandso’s column about Chris Hedges on SFGate.com (seven prepositional phrases in a clause! A new blog personal best!), I can reason out what bothered me about this assertion:

Yet the Rockford incident had a chilling aspect to it. As described in the press, it could well have been a scene out of the recent miniseries on the rise of Hitler to power in Nazi Germany.

The difference between the many incidents at Berkeley and the Rockford incident is that, at Berkeley, it’s usually the rabble against an Establishment spokesperson. At Rockford, it was just the opposite; the incident had the feel of a government protest against an outsider.

America has been called the Republic of Many Mansions (based on the biblical quote from John 14:2). The Carmody text (The Republic of Many Mansions) posits that America has a lot of (mostly Christian) strains in its religious thought. Different denominations and whatnot. The paragraph represents a long, albeit annotated, description of how I decided to frame my thesis for this posting, which is:

America is a republic of many establishments, and hence a lot of wide-eyed innocent strugglers against the oppressive established regime (or jackbooted hooligans, if you’re in the establishment being assailed at the immediate time of assailing).

For instance, from Sorensen’s perspective, Chris Hedges and his points of view, shared by his colleagues at many established dailies and chic alternative weeklies, represent the Wide-Eyed Innocent (or perhaps slightly jaundiced and worldly) Struggler Against the Oppressive Regime (WEISAOR for not-very-short). The Rockford College graduates and their families represent Tools of The Man (ToTM). Because, you see, Hedges was speaking against an Establishment, namely the 3-year-old presidential administration and the recent Republican-controlled Congress, a decisive foreign policy, and whatever handy straw men he could set up regarding these. (Certainly, he was not speaking against the republican form of government itself, where the hoi polloi pick the leaders whom the rabble think will best represent it.)

However, to some with a different point of view, Chris Hedges represents an Establishment of a different sort. The Established Coastal Media, which postures to represent the People and wants to dictate how The People thinks. Not by force, of course, but because ECM thinking is right and dissenters will be mocked and looked down upon. However, to some, ECM represents the Oppressive Established Regime (OER), or at least a bunch of out-of-touch twits. So sometimes, the local (or imported) WEISAOR makes a little noise.

America offers a good number of institutions against which anyone can play David. The Church (which cam be any of a handful of small Christian denominations or the Catholics), The Military Industrial Complex, the Gummint, Congress, the Republican Party, the Democratic Party, Corporations, Big Tobacco, Big Oil, the Automakers, the Unions, and so on and so on and scooby dooby doo-bee.

So dividing the country into Establishment/Rebel fails because Establishments and their Oppressive Regimes are too prevalent to be noteworthy, and so is rebellion. Rebellion has always been a part of growing up. The adolescent differentiates from the parents through rebellion. Pop culture latched onto this particular part of growing up and has idolized it, super-sized it, and apothesized it (probably because teething is such an individual agony, and not good cinema). Once the new rebels got the parents out of the way, they decided to take on The Man, and they keep finding another The Man to take on. Even I define myself in opposition to some things, rebelling against the oppressive regime who thinks I should mow my back lawn before it goes to seed. Join me this afternoon for a protest against it.

So Sorensen’s gone off into victimics when shrilling about his WEISAORs representing “the rabble against an Establishment spokesperson” while the opposing WEISORs represent “a government protest against an outsider.” We’re all outsiders in the establishment.

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Washington Post Laments Intrusion of Real World into Workplace

Although its fifth paragraph acknowledges that workplace safety has improved significantly in the past, this article in the Washington Post laments how dangerous it is in workplaces these days, especially jobs where you don’t get to surf the Internet or talk on the phone all day.

Not content to examine how some jobs are really hazardous, the WaPo brings it home to the white collar and near-white collar employees by telling them how some formerly safe jobs are now DANGEROUS! Suddenly, the world of terrorism, workplace violence, and new super-cool, super deadly diseases like AIDS and SARS are intruding on the workday world, and surprise, surprise, surprise, but employers are choosing not to emphasize the inherent dangers of modern life and how they apply to an above minimum wage but below “living wage” jobs.

Seems to me that the movie Article 99 covered that in 1992. The trailer depicted an angry disabled veteran chambering a round in a semiautomatic rifle as he and his comrades chained each other togethter to protest the cutting of their benefits by the ruthless Republican administration of the era. A hospital administrator tells the army of renta-cops, “Disarm that man!” The rent-a-cop replies, “Not for $5.50 an hour.” So you see, the WaPo scooped by an obscure Keifer Sutherland film.

Perhaps the WaPo forgets the days when people died on the job, or Heaven forbid, drank beer while operating industrial machinery on the job, or when children were used because they could crawl into or under the enormous, steam-belching, coal-fed machines. Instead, going to work is in many cases not much more dangerous than going to the mall, but since it’s not padded with comfortable, non-toxic foam padding, it’s still too dangerous, and someone should do something!

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Trouble Recruiting for Big Parties a Boon for Libertarians?

Fox News reports that the major parties, in particular the Republicans, are having tough times finding candidates for office.

If the Libertarians can field strong candidates, and by strong candidates I mean “not the usual crackpots,” perhaps they could win a statewide or national (legislative) election. If only they could field candidates who have a firm grasp not only of the Libertarian platform, but how to explain the platform and its benefits for common Americans without resorting to broadsides against prevailing authority and sounding like they’re one rock away from an anarchist, maybe the Libertarians could have a shot.

The blogomockracy is full of able-minded individuals with predilections toward libertarianism. Will any of us hear the call, or are we to wedded to our high-paying blog careers to make the leap into public service?

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Point: Harley Sorensen, SFGate.com

Writing about the recent “commencement” speech by the New York Times reporter Chris Hedges that was booed and eventually trumped by the attendees at Rockford (Illinois) College, Harley Sorensen uncovers another tentacle of the vast right wing conspiracy, that is to say, Midwestern values.

Hedges got to a-foaming at the mouth with the treatise:

I want to speak to you today about war and empire.

Killing, or at least the worst of it, is over in Iraq. Although blood will continue to spill — theirs and ours — be prepared for this. For we are embarking on an occupation that, if history is any guide, will be as damaging to our souls as it will be to our prestige.

Welcome to the working world, graduates. Your mark will damage our souls and prestige. No, wait, he was talking about the gummint, but with a different tone since his antigummint tone is condescension, whereas the antigummint tone coming from those who disagreed with the previous administration was the raving of madmen. Or something. But Rockford didn’t want to hear his antigummint diatribe. They probably wanted to hear about overcoming challenges and accruing enough wealth to retire and not run out of grubzits before the end of retirement.

Sorensen knows to indict the Right Wing because its 11 spices were all over the crispy skin. How does he know They were in on it, and that it was not a spontaneous outpouring of heartfelt disgust?

In all, it was a remarkable performance by the audience. And, judging from the presence of “foghorns,” it wasn’t spontaneous. It was planned.

Unlike the spontaneous protests where the audience produces whistles to drown out opposing speakers in cosmopolitan or enlightened towns like Berkeley, right? Foghorns at a graduation = conspiracy! Obviously, the worldly Mr. Sorensen has not spoken at many, make that any, graduations here in the Midwest where foghorns make their presences known at most, if not all, graduations from high school or college.

But Sorensen understands why the audience booed: ignorance! Armed with a transcript, he can at his leisure point out the errors that listeners made while transcribing the speech for a write up. I’ll leave it to you, ungentle readers, to read the column to see about what I am talking.

But let me hit, well, not really hit a couple more points. Sorensen saith:

But even ignorance doesn’t translate necessarily into violence. It’s rare for me to understand a church sermon, but I’ve never felt the urge to beat up on a minister because of that.

Interesting. He goes from shouting down to physical violence as though they’re merely different settings on the same potentiometer.

Oh, and:

Yet the Rockford incident had a chilling aspect to it. As described in the press, it could well have been a scene out of the recent miniseries on the rise of Hitler to power in Nazi Germany.

The difference between the many incidents at Berkeley and the Rockford incident is that, at Berkeley, it’s usually the rabble against an Establishment spokesperson. At Rockford, it was just the opposite; the incident had the feel of a government protest against an outsider.

Speechless. Wordless. Perhaps when I can once again work my mandibular musculature and can close my mouth, I can tell you what I think of this comparison and straw army.

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