Clearance Level: BlueSenator McCain’s war on child pornography…and blogs

It seemed like such a good idea at the time.

Arizona Senator John McCain has proposed legislature which, ostensibly, would help law enforcement officials track online sexual predators.

On the surface, this sounds all well and good, even an excellent idea. Just about every society agrees with the statement that sexual predation is a bad thing, and sexual predation of children is an extremely bad thing. The implementation of the proposed legislation, however, is a bit worrisome. The definition of the sites responsible for purging material, and the data that must be retained, is more than a bit vague, while the penalties are fairly draconian.

Any web site that allows user participation (blogs, forums, chat rooms) and which collects user data would be required to submit reports of aggregate user activity, retain data, and allow that data to be searched on demand of US federal officials. All such sites would also be required to report any offensive behavior on their site, and retain all data relating to the circumstances for six months. Internet service providers — including hosting companies, so including me — are already required to do this. This new legislation would extend that responsibility to any site that could be considered a social networking site: blogs; forums; tag boards requiring registration; anything that allows user participation and requires membership to participate.

Text taken from Think Progress:

– Commercial websites and personal blogs “would be required to report illegal images or videos posted by their users or pay fines of up to $300,000.”

– Internet service providers (ISPs) are already required to issue such reports, but under McCain’s legislation, bloggers with comment sections may face “even stiffer penalties” than ISPs.

— Social networking sites will be forced to take “effective measures” — such as deleting user profiles — to remove any website that is “associated” with a sex offender. Sites may include not only Facebook and MySpace, but also Amazon.com, which permits author profiles and personal lists, and blogs like DailyKos, which allows users to sign up for personal diaries.

This would apply to sites that allowed membership, whether those sites require payment for the membership or not. As I said previously, this initially sounds like a very good idea, and one that almost everyone can agree with on the surface: stop online sexual predation and online sexual abuse of minors. However, how far will this law go? What requirements will be placed upon site owners? And, again, what’s the definition of obscenity? According to CNet, a man in Alabama has been indicted and accused of being a child pornographer. There is no evidence that he has ever taken photos of unclothed minors. The accusation of child pornography came about because of the argument that his models “struck poses that were illegally provocative” (full text here). I have not seen the photos in question; and if anecdotal evidence is accurate there is plenty of “borderline” activity happening in the world of teen modelling. However, the definition of obscenity has always been a moving target, defined by community standards. Now, with the changing sociopolitical climate in the US, and the growing recognition of online communities as communities in and of themselves, it’s not inconceivable that one day sites which host discussions about family planning and lifestyle options, religious and philosophical debates, even the screaming matches and flame wars may be forced to close their doors because the owners are either unable to keep up with the cost of educating themselves about online obscenity and reporting requirements, but because the topics themselves are declared obscene. Note: there was a comment made on another site that calls out Declan McCullagh for inaccurately relaying information about legislative proposals. This does not negate the fact that such a law would place a burden on individual site owners when the ones who need to be removing content that breaks the law are the ones who are already legally required to do so: communities like MySpace, LiveJournal, Blogger/Blogspot, Facebook, and their ilk; web hosting providers; and internet service providers. The fact that a site allows a user to create a profile page or a list of life goals should not automatically make the owners of all such sites responsible for policing content.

Keywords: | technology | laws | Holidailies |
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Clearance Level: BlueMusic Men

Consumers loathe digital rights management! In other news, the sky is up.

And can we have a great big gigantic WTF

“There's a problem here. CD sales have fallen 20 per cent over five years. The message here is not that CD sales are coming back, the ability to obtain pirated music is now so widespread the DRM looks to consumers more like a problem than a benefit.” Forrester Research analyst Josh Bernoff (read more)

Ya think?!??!????!!!!!!!

The music industry has spent time trying to force consumers to cling to old distribution methods when they damn well should have been hopping on the digital-distribution bandwagon much faster, much earlier, and much more smoothly.

Instead, now they look like a gaggle of obstructionary fossils. Instead of freaking out that consumers were pissed about paying $15 for CDs with one or two songs they liked, the music labels should have figured out more ways to let consumers buy exactly the music they wanted, when they wanted.

It's possible there's still time to turn it around. It's possible that the music labels can get their heads out of the sand (or their backsides) and start routinely providing consumers with ways to pay how the consumers choose (per song, per month, or a funded incremental account). It would take some retraining; but if they provide a quality experience and are genuinely responsive to what consumers want, it's possible that piracy won't be as widespread as they phear.

On the other hand, keep going on this lame-ass track, and more of us will eventually decide to download things like BitTorrent and check out songs before we buy them...only to find that it wasn't what we wanted after all.

Related entry: Didn’t I pay for that already?
Keywords: | digital rights management | consumer rights |
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Clearance Level: BlueGoodfood, trans-fat, and taking things too far

Musings on the recent ban on transfats in New York eateries.

The New York City Board of Health voted unanimously yesterday to require the city’s roughly 20,000 restaurants to stop cooking with trans fats, making New York the first major U.S. city to adopt such a ban.

Yep. Really.

Trans fats are chemically-modified food ingredients, long used as substitutes for saturated fats (which are found in foods like whole milk, butter, cream, and the like.) Trans fats have a longer shelf life than saturated fats. Trans fats have also, like saturated fats, been squarely linked to heart disease. [For the curious, trans fats are also known by the term “partially hydrogenated vegetable oils” — so be aware of what you’re eating.]

I love me some good baked things, with real butter and whole milk. I love a good pasta with creamy cheese sauce. Cheese sauce is officially a condiment, at least in my kitchen. I love rich desserts, too: Waldorf-Astoria cake (aka red cake, aka red velvet cake) with creamy white icing; cheesecake; chocolate cremes and caramels. (And snickerdoodles. And the recently-discovered eggnog snickerdoodles.) These things do not a healthy diet make. But I *know* this. I don’t eat these things every day; and I don’t eat them to excess. [Well…occasionally. Usually during the winter holidays.] But you know what? It’s my choice to eat these things. I didn’t like it when well-meaning relatives tried to dictate what, and how much, I would eat when I was a small child. My advanced age has not made me any more fond of having my menu determined for me.

I agree with the second part of the law, which requires restaurants (particularly fast-food restaurants) to prominently post caloric values for the foods they serve. McDonald’s whole “healthy choices” chicken sandwiches campaign is an exercise in misdirection. Those chicken sandwiches can have as many, if not more, calories than the fast-food giant’s burgers (yes, Virginia, even the grilled chicken sandwiches.) If consumers knew how many calories they were consuming with each meal, they might be a little less inclined to get the fast foods as frequently, or in the large quantities many now purchase. But…how does a government body, at any level, come to the conclusion that its job includes policing its citizen’s food choices?

I believe that New York, along with many US cities, has banned smoking in public places. I can see the logic in this because of the effects of secondhand smoke on others, even on those who have never smoked. But…trans fats in foods…unless trans fats make someone extremely and instantly gassy, the secondhand effects are a bit less direct. One argument made is that since trans fats significantly increase the possibility of, and severity of, heart disease, having a large percentage of the population on a diet that runs down their heart health means that as these people fall ill and require care (including angioplasty, artificial hearts, and other similar measures) consumers pay the cost in increased costs for health services. It’s a very chaos-math argument: a man in the boroughs eats a Triple Bypass Burger with Poutine Fries and Lil’ Jimmy’s parents can’t buy him new school clothes that year because they have to pay their increased health insurance rates. Not only is that argument a bit shaky — there are several methods that should be used to lower the cost of acquiring, and of providing, health services — but the other question is, just how far will this be taken? At what poing does the state stop carrying and tell the individual, Okay, from now on you need to walk for yourself? And the individual takes responsibility for their actions?

Just how far might this food-regulation go?

More..!

Keywords: | laws | health | consumer rights | alternate history |
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Clearance Level: BlueRecipe for eggnog cookies

Seasonal snickerdoodles.

Yesterday, Leanne posted this recipe for eggnog cookies:

1 c. butter softened to room temp.
1 c. sugar
1/2 tsp. nutmeg/cinnamon or 1/4 tsp each
1 c. eggnog!
1 tsp. baking soda
4 c. flour

Beat butter & sugar until it’s creamy.
Add spices, Eggnog & baking soda to butter & sugar, blend well.
Add flour 2 cups at a time, mix (with mixer) until combined.
Spoon onto nonstick cookie sheet, dip a cup in sugar (holiday colored sugar, sugar/cinnamon, sugar/nutmeg, your call), smoosh the dough a little - don’t flatten them.
Bake at 375 for right around 11 minutes, when you can see the bottom edges are golden brown.

Hey wait…is this essentially snickerdoodles made with eggnog? STELLAR!!! I love snickerdoodles. My dad loves snickerdoodles. And my mom hates eggnog. (She can easily scarf through these quickly, and has a love-hate relationship with my holiday baking: she loves eating it, but doesn’t like the weight gain.)

Keywords: | Holidailies | food |
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Clearance Level: BlueYou’re kidding, right?

Why is the U.S. Congress whittling away at our right to freedom of speech?

So now apparently the government is concerned about consumer actions bringing down the economy. They’re so concerned that they’ve recently passed a law through both houses of Congress that makes it a crime to cause any business classified as an “animal enterprise” to suffer a loss of profit.

Let’s stop and translate that one.

If this new bill is not vetoed by the President, the following may come to pass:
An individual finds out, through completely legal means, that a particular company engages in business practices that cause offence. The company’s research division does not use humane testing methods, or they employ animal testing; or their products cause demonstrable harm to the environment…something. The person spreads information about these objectionable practices, either by creating a website or by posting about it in their blog; and urges other people to think about not boycotting that company because of X. Over months, the Company slowly loses credibility. People begin buying from suppliers other than Company, and Company eventually reports a significant loss one quarter. Company is classified as an animal enterprise (and just what in the hell does that phrase mean?!??)...and under the provisions of this new law, Company could then sue Individual.

I can think of oh so many ways this can be harmful to consumers. Whatthefuck…!?

Freedom of speech is a right guaranteed by the first amendment to the US Constitution. There are exceptions to this, such as the old adage about yelling “Fire!!“ in a crowded theatre when there is no fire. In the example I just mentioned, such an action would cause people to rapidly leave the building, possibly causing serious damage to other people in the scramble to get away from the (alleged) danger. A person reporting on the actions of a company with the express purpose of organizing a boycott can cause financial harm — but not direct danger to life and limb. The parallels between the two situations are hazy at best.

I can understand a company being pissed if someone claims that they heard of the company’s inhumane animal testing and rampant pollution — but those facts aren’t true. A legal expert would know better, but I believe that there are already slander (spoken, unjust, inaccurate statements) and libel (published unjust statements) contingencies in place for all persons and companies. So why this law? And why specifically targeting “animal enterprises”?

Keywords: | laws | civil rights |
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Clearance Level: BlueTwo fish, one fish…no fish?

Most of us haven't anything more than a hazy perception of what happens in the other 3/4 of the planet's surface.

I first read about this in an article "The Top News Stories You Didn't See in 2006," published in a local newspaper.

Apparently, several factors have greatly reduced the diversity and stability of ocean ecosystems. Chemicals in rivers create oceanic dead zones. Catches include more and more commercially unusable fish. And (I really wish I could track down this factoid) I think I remember reading that it took approximately 3 pounds of wild fish to produce 1 pound of aquacultured fish (the fish have to eat something.)

Quite a few of the science fiction stories I read either stated or implied that, in the future, Earth's huge population would draw a large portion of its sustenance from the oceans. It appears that those stories will quickly become as dated as much of Jules Verne's works — still enjoyable, but out of step with contemporary knowledge.

This was first apparently published in the Journal of Science. I wouldn't mind reading the original article or white papers, if anyone can find the links.)

Keywords: | responsibility | ecology |
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