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November 30, 2006

A Thousand Flowers

Before the month is out, I want to take a moment to acknowledge the visit of my colleague Mike Palmquist of Colorado State to the U.C. Irvine campus to argue for a smart software alternative to proprietary course management tools like Blackboard. Mike claims that traditional course management tools only reinforce the hierarchical pedagogy of the conventional lecture hall -- combined with mindless skill and drill online testing -- and do not take adequate advantage of the learner-oriented possibilities of digital communication. Mike is one of the creators of The Writing Studio, which allows teachers to direct college students to create better writing portfolios, blogs, scholarly annotations, and group projects. With their decentralized model, apparently you can start your own "co-op" at your own institution of higher learning without paying onerous fees to a publishing giant. Of course, I was a bit taken aback by the copyright disclaimer of the Studio, but I can be more choosy than most since I'm fortunate enough to teach at a Blackboard-free campus that in 1999 hosted an idealistic international conference about building university electronic educational environments on the not-for-profit model.

November 29, 2006

A George W. Bush 'Think Tank?'

I am not making this up:

New York Daily News:

WASHINGTON - He may be a certified lame duck now, but President Bush and his truest believers are about to launch their final campaign - an eye-popping, half-billion-dollar drive for the Bush presidential library.

Eager to begin refurbishing his tattered legacy, the President hopes to raise $500 million to build his library and a think tank at Southern Methodist University in Dallas. Bush lived in Dallas until he was elected governor of Texas in 1995.

Bush sources with direct knowledge of library plans told the Daily News that SMU and Bush fund-raisers hope to get half of the half billion from what they call "megadonations" of $10 million to $20 million a pop.

Bush loyalists have already identified wealthy heiresses, Arab nations and captains of industry as potential "mega" donors and are pressing for a formal site announcement - now expected early in the new year. ...

November 28, 2006

Why are atheists so angry?

"Sam Harris and Dennis Prager inaugurate Jewcy’s “Big Question” series by arguing this very question." Below is an excerpt:

From: Sam Harris
To: Dennis Prager
Subject: Yahweh Belongs on the Scrapheap of Mythology

I’d like to begin this exchange by making the observation that “atheist” is a term that should not even exist. We do not, after all, have a name for a person who does not believe in Zeus or Thor. In fact, we are all “atheists” with respect to Zeus and Thor and the thousands of other dead gods that now lie upon the scrapheap of mythology.

A politician who seriously invokes Poseidon in a campaign speech will have thereby announced the end of his political career. Why is this so? Did someone around the time of Constantine discover that the pagan gods do not actually exist, while the biblical God does? Of course not. There are thousands of gods that were once worshipped with absolute conviction by men and women like ourselves, and yet we all now agree that they are rightly dead. An “atheist” is simply someone who thinks that the God of Abraham should be buried with the rest of these imaginary friends. I am quite sure that we need only use words like “reason,” “common sense,” “evidence,” and “intellectual honesty” to do the job. ...

Via RichardDawkins.net

November 27, 2006

Pandagon Props

billboard3.jpg

Pandagon is where the above picture came from, and though I often disagree with the views expressed by co-bloggers Amanda Marcotte and Pam Spaulding, the writing is really smart and interesting, because they are.

Collective Intelligence

I'd like to draw upon the collective intelligence of readers for a moment, particularly other avid movie-goers. I just watched The Da Vinci Code, which is hardly a fine film-watching experience, but does have a scene in which the main character gives a PowerPoint presentation early in the story. Can others think of additional examples of how PowerPoint is represented in recent Hollywood films? The same goes for Keynote or other electronic slideshow programs. I know that An Inconvenient Truth and The Yes Men featured this new rhetorical genre, but there must be other films I am forgetting. Fictional PowerPoints by policy makers or government officials (heroes, villains, or side-kicks) would be of particular interest.

I'm interested in how human-computer interactions are being depicted differently, now that there are other models than the stealthy hacker breaking into the top-secret database. What does it mean if the computer is seen as a vehicle for public rhetoric as well as private information?

Anyway, e-mail me if you have examples of PowerPoint scenes from movies . . . even if -- as Siva points out -- I'm not authorized to make copies of any of the clips that you suggest.

Ha! I am the only blogger at Sivacracy who can legally circumvent DVD encryption!

Elizabeth Townsend Gard explains why "We All Now Wish We Were Film or Media Studies Professors."

Sorry.

Head Exploding...

Is the enemy of my enemy a place I should shop? Been avoiding Wal-Mart for years (with good reason!) but now that the "American Family Association" is upset with Wal-Mart's "endorsement of the homosexual agenda" I'm wondering if I should reconsider.

Ouch.

heels.jpg

Photo available for purchase here. Caption from site is as follows:

"Coloured X-ray of a woman's foot in a high-heel shoe. The construction of the shoe is clearly seen; so is the way that the foot is forced to rest mainly on its toes. Bones and soft tissues of the lower leg and foot are visible. The lower leg bones are the tibia and fibula. The foot comprises many bones, including the calcaneus (heel bone), several tarsal bones, five metatarsals, culminating in the phalanges bones of the toes."

Via this comment at I Blame the Patriarchy where Twisty Faster has written a sermon about high heels that, if you enjoy wearing heels, will probably not be much to your liking.

Documents reveal U of Texas Police monitored political dissent in 1960s

From The Texas Observer:

... These documents—made public here for the first time—tell the story of how the University of Texas spied on its nonconformist and dissident students. The records—covering a period from approximately 1963 to 1970—show the extensive efforts that campus police made to identify, watch, and follow students and faculty members whom it found suspicious.

The files include more than 500 pages of department memos, some from student informers; lists of names of campus “dopers” and activists; and photocopies of newspaper articles and leaflets. Also included are over 250 surveillance photographs. The documents reveal that among the subjects campus police were monitoring at the time were Janis Joplin, Jerry Jeff Walker, and Richard (“Kinky”) Friedman. ...

November 26, 2006

"Lonelygirl15" Wasn't

bree.jpg
Wired News has a long story about Lonelygirl15 here. Below is an excerpt:

...Beckett ordered a pitcher of margaritas and explained that they wanted the vloggers of the YouTube community to believe that Bree was real. Flinders rationalized the deception, noting that viewers wouldn't expect Mark Hamill to point out at the beginning of Star Wars that he wasn't Luke Skywalker. But there was an important difference: A Hollywood movie is understood to be fictional. Vlogging on YouTube is not. Plus, to fully harness the medium, they intended to carry on email correspondences with YouTubers while posing as Bree. In short, they were planning to exploit the anonymity of the Internet to pull off a new kind of storytelling, and they worried they were on shaky legal ground.

Goodfried's advice was simple. "If anyone asks point-blank if you're real, don't answer the question," he said. "Don't lie to people. The answer is no answer. In my mind, it's the equivalent of not lying. But if people talk to Bree like she's Bree, that's fair game."

He had two other rules: Don't sell merchandise and don't use any copyrighted music without a license. If people buy Lonelygirl15 stuff thinking she is real, they could claim false advertising and sue. And then, with the clink of margarita glasses, counselor Goodfried gave the doctor and the commune-raised screenwriter a green light to unleash Lonelygirl15 on the world. ...

The "author" of Lonelygirl15 was a man.

Extreme Blending

From Will It Blend? Here's one with a (late) holiday theme.

Another Reason to Mock Microsoft!

Hard to install and lacking even as many features as WMP, according to one review, Zune stinks:

...You'll have to buy all-new content from the new Zune Marketplace.

Oh, and the Zune Marketplace doesn't even take real money, proving that on the Zune Planet there's no operation so simple that it can't be turned into a confusing ordeal. The Marketplace only accepts Zune Points, with an individual track typically costing the equivalent of the iTunes-standard 99 cents.

By forcing users to buy blocks of Zune Points (with a $5 minimum), the Marketplace only has to pay one credit-card processing fee.

Zune Points will also make it easier for the Zune Marketplace to institute variable pricing. The music industry wants it desperately. The industry has been pressuring Apple to abandon its flat 99 cent pricing and start charging more for "hot" tracks.

Apple has stood firm against this, insisting that low, uniform prices keep sales high and discourage the iTunes Store's users from downloading music illegally.

I'm certain Microsoft will cave on this one. It has already given the music industry the other thing the industry has been demanding from Apple: a kickback on every player sold.

"These devices are just repositories for stolen music, and they all know it," said Doug Morris, CEO of Universal Music Group. "So it's time to get paid for it." Well, Morris is just a big, clueless idiot, of course. Do you honestly want morons like him to have power over your music player?

Then go ahead and buy a Zune. You'll find that the Zune Planet orbits the music industry's Bizarro World, where users aren't allowed to do anything that isn't in the industry's direct interests. ...

Read the whole review here.

November 23, 2006

DMCA exemptions issued

The Library of Congress / Copyright Office issued its third set of DMCA rulemaking exemptions, just before taking off for the holidays. The rulemaking is more generous than it has been in past years (though still not as generous as I would be). To sum up & paraphrase:

"Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) during the next three years." (The exemptions go into effect starting Monday 11/27 & expiring Oct. 27, 2009.)

  1. Film professors etc. can circumvent CSS on DVDs for teaching. (Limited to works in the school collection.) (New exemption)
  2. Libraries & archives can preserve computer programs & video games for obsolete platforms & medias. (This kind of exemption shows the weirdness of the 3-year expiration for each of these rulemakings. Libraries & archives had better do a lot of preservation in the next 3 years because who knows if we'll get it again in 2009! This is a carry-over exemption, but every 3 years librarians have to make the case again.)
  3. You, me, and anyone else can disable malfunctioning access dongles on computer programs if the dongles are obsolete. (Another carry-over.)
  4. Blind ebook read-aloud exemption continues from past exemptions.
  5. If you switch cell phone companies you can disable proprietary technologies to keep your cell phone. (This is a new exemption.)
  6. Sony rootkits and other CD copy protections can be disabled to test, investigate, or correct security flaws or vulnerabilities. (This is a new exemption, and I'm glad it's here, but, honestly, we got more bang for the buck out of the furious glare of news media & public outrage & a little state's attorney general scrutiny.)

The Librarian of Congress carefully reminded us that "[t]his is not a broad evaluation of the successes or failures of the DMCA." Also, that the rulemaking is just for access-control exemptions, not copy-control exemptions, nor does the rulemaking craft exemptions for the prohibitions on making / distributing circumvention tools.

There's a lot more detail in the 88 page "Recommendation of the Register of Copyrights", which is where the juicy comments on everybody else's proposed recommendations will be.

X-posted @ derivative work

Dead, White Males

In honor of the holiday it seems a good time to point to the veneration of dead, white males in the material culture of government, which is also commemorated on government websites. It was bad enough when Unitarian feminist activist Susan B. Anthony was substituted with more safely allegorical baby-toting bartered Sacagawea on the dollar coin. But now they're both being replaced by a presidential line-up on the dollar coin, so that the general public will take the circulation of big change more seriously. See the features of the new coins here. Of course, the ironist in me loves the fact that people will be carrying around presidents Taft and Andrew Johnson in their pockets.

November 22, 2006

Rabbit Hole

Last night I went to see Andrew "Bunnie" Huang at USC, where he gave a talk about reverse engineering and the use of open source software in proprietary products, as part of Cory Doctorow's series of Fullbright Chair talks. Although hackers are often associated with software programming, Huang is also interested in hardware and tinkering literally at the nuts-and-bolts level. He defends the right of the consumer to take things they've bought apart, and this ethos also informs his choice of projects. For example, you can see the guts of a Microsoft Zune MP3 player on his blog this week. Perhaps Huang's most famous exploit is hacking the Xbox, which he describes in a tell-all book that includes a primer on hardware modding and a diatribe against the DMCA. Huang also gave a pretty standard pitch talk on the Chumby, a beanbag device for portable computing designed to appeal to the DIY crowd.

November 21, 2006

Never Seen This Happen At An Academic Conference...

Thank goodness. And, see also, or check out the techno remix.

Involuntary Art Acquisitions

Security guards at some museums apparently don't care if you "donate" paintings...

What do parties have to do with movements and ideologies?

Todd Gitlin explains:

Democratic Dilemmas: The Party and the Movements
By Todd Gitlin
Fall 2006

In heaven, possibly, ideals speak for themselves. But on earth ideals require translation; they require action. If the world were logically ordered, politics would begin with ends—so Plato and Aristotle would insist. But a little experience demonstrates that the ends crash and burn without means. So, over time, human beings have learned that their ideals need means, vessels, escorts—and that’s where the trouble begins. The need for means is the terrible requirement exacted by an unforgiving world, and in this requirement, and the possibility it creates of a fatal mismatch between ends and means, lies the taproot of political tragedy. Ideals are the necessary motives of practical action, but ideals without wherewithal are empty dreams, and ideals yoked to the wrong means are likely to turn into nightmares. ...

November 20, 2006

California Supreme Court Rules that Section 230 Prohibits "Distributor" liability for Internet Publications

The full opinion in Barrett v. Rosenthal is available here. Below are excerpts:

"We share the concerns of those who have expressed reservations about the Zeran court’s broad interpretation of section 230 immunity. The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications. Nevertheless, by its terms section 230 exempts Internet intermediaries from defamation liability for republication. The statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended. Section 230 has been interpreted literally. It does not permit Internet service providers or users to be sued as “distributors,” nor does it expose “active users” to liability. Plaintiffs are free under section 230 to pursue the originator of a defamatory Internet publication. Any further expansion of liability must await Congressional action." ...

"We conclude that section 230 prohibits "distributor" liability for Internet publications. We further hold that section 230(c)(1) immunizes individual "users" of interactive computerservices, and that no practical or principled distinction can be drawn between active and passive use. Accordingly, we reverse the Court of Appeal's judgment. We acknowledge that recognizing broad immunity for defamatory republications on the Internet has some troubling consequences. Until Congress chooses to revise the settled law in this area, however, plaintiffs who contend they were defamed in an Internet posting may only seek recovery from the original source of the statement."

The facts of Zeran are as follows:

The instant case comes before us on a motion for judgment on the pleadings, see Fed. R. Civ. P. 12(c), so we accept the facts alleged in the complaint as true. Bruce v. Riddle, 631 F.2d 272, 273 (4th Cir. 1980). On April 25, 1995, an unidentified person posted a message on an AOL bulletin board advertising "Naughty Oklahoma T- Shirts." The posting described the sale of shirts featuring offensive and tasteless slogans related to the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Those interested in purchasing the shirts were instructed to call "Ken" at Zeran's home phone number in Seattle, Washington. As a result of this anonymously perpetrated prank, Zeran received a high volume of calls, comprised primarily of angry and derogatory messages, but also including death threats. Zeran could not change his phone number because he relied on its availability to the public in running his business out of his home. Later that day, Zeran called AOL and informed a company representative of his predicament. The employee assured Zeran that the posting would be removed from AOL's bulletin board but explained that as a matter of policy AOL would not post a retraction. The parties dispute the date that AOL removed this original posting from its bulletin board.

On April 26, the next day, an unknown person posted another message advertising additional shirts with new tasteless slogans related to the Oklahoma City bombing. Again, interested buyers were told to call Zeran's phone number, to ask for "Ken," and to "please call back if busy" due to high demand. The angry, threatening phone calls intensified. Over the next four days, an unidentified party continued to post messages on AOL's bulletin board, advertising additional items including bumper stickers and key chains with still more offensive slogans. During this time period, Zeran called AOL repeatedly and was told by company representatives that the individual account from which the messages were posted would soon be closed. Zeran also reported his case to Seattle FBI agents. By April 30, Zeran was receiving an abusive phone call approximately every two minutes.

Meanwhile, an announcer for Oklahoma City radio station KRXO received a copy of the first AOL posting. On May 1, the announcer related the message's contents on the air, attributed them to "Ken" at Zeran's phone number, and urged the listening audience to call the number. After this radio broadcast, Zeran was inundated with death threats and other violent calls from Oklahoma City residents. Over the next few days, Zeran talked to both KRXO and AOL representatives. He also spoke to his local police, who subsequently surveilled his home to protect his safety. By May 14, after an Oklahoma City newspaper published a story exposing the shirt advertisements as a hoax and after KRXO made an on- air apology, the number of calls to Zeran's residence finally subsided to fifteen per day.

Zeran first filed suit on January 4, 1996, against radio station KRXO in the United States District Court for the Western District of Oklahoma. On April 23, 1996, he filed this separate suit against AOL in the same court. Zeran did not bring any action against the party who posted the offensive messages.1 After Zeran's suit against AOL was transferred to the Eastern District of Virginia pursuant to 28 U.S.C. § 1404(a), AOL answered Zeran's complaint and interposed 47 U.S.C. § 230 as an affirmative defense. AOL then moved for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). The district court granted AOL's motion, and Zeran filed this appeal.

Anyone who blogs under her own name has probably received threatening e-mails and phone calls, although hopefully not to the extent that Kenny Zeran did. This case means that in California (and probably in most if not all other jurisdictions) though you can pursue legal action against any instigator if you have been defamed and targeted for online abuse as Zeran was, the ISP hosting the defamer is immune for any liability arising out of the defamation. In Zeran's case, AOL leveraged its immunity to avoid helping him identify the person who made the malicious posts. I can't help thinking that hostility toward bloggers on the part of some politicians will lead to changes in Section 230; we'll see.

Women Sold Out For Political Gain in Nicaragua

Nicaragua Eliminates Last Exception to Strict Anti-Abortion Law:

"...Abortion has been illegal in Nicaragua for more than a century, and most women who decide to end unwanted pregnancies seek procedures at underground clinics. But the new law strikes out a clause that made it possible for a woman to obtain an abortion legally when three doctors certified that unless she did, her own life would be in danger.

"For months, the proposed law has drawn fierce criticism from several local women’s groups, the country’s association of gynecologists, the United Nations, the World Health Organization and Human Rights Watch, among others.

“This is a throwback to the Middle Ages for women’s rights,” Juana Jiménez, the leader of the Women’s Autonomous Movement in Nicaragua, said after the law was passed.

"The law was the fruit of the recent presidential election, as conservatives saw a chance to gain its passage in Parliament during the election season.

The country is 85 percent Roman Catholic, with most other voters belonging to conservative evangelical churches. Four of the five presidential candidates supported it.

Daniel Ortega, the former Marxist who was president from 1985 to 1990 and the leader of the Sandinista Party, abandoned his ideological roots and supported passage of the law in an effort to gain support from the Roman Catholic Church in his campaign to regain the presidency. He narrowly won the election, on Nov. 5, with about 38 percent of the vote.

The support of the Sandinistas in the National Assembly was critical, because they had blocked similar measures in the past. The bill passed on Oct. 26. ..."

Hilarious Rumsfeld Mash-Up

Credit: Ferguson 11/8

Via Fact-esque.

November 19, 2006

Strap This On A Student's Hand...

...and ask: DID YOU DO THE ASSIGNED READING???? Or, not.

Feminist Legal Theory

Long overview of Feminist Legal Theory by me, your humble post narrator, available at Larry Solum's Legal Theory Blog, and also crossposted at some other blog, for anyone who is interested.

The Baghdadding of New Orleans

It's ongoing and reprehensible -- the corporate theft on the Gulf Coast -- from one of our best local spokesmen and activists, Bill Quigley (Loyola University law professor and human rights lawyer).

November 18, 2006

Gated Communities


As though it weren't enough for the Internet to be the primary vehicle of child molesters and terrorists, apparently it is also the superhighway of evil drug traffickers, who are after our kids as well. Or so I learn from the new tutorials on "E-monitoring" from Parents. The Anti-Drug. The fact that parents are being encouraged to buy proprietary software programs and pursue parenting strategies analogous to the surveillance culture of authoritarian regimes, such as China and Iran, should be concerning to those who want their children to grow up to be citizens who make the right choices freely. (You can see the research coming out of the OpenNet Initiative for more on why Internet censorship is both self-defeating and a sign of the total failure of a system of governance.)

My vote for the scariest sentence in this anti-technology hysteria website was this one: "While technology offers many positive things, like connectedness and information, those same attributes, if misused, can also be quite harmful." What about those of us who don't accept the idea that informing the young is harmful? Apparently, we are sadly deluded about how "hooked" our kids are on these new technologies. Most bizarre, perhaps, on the E-monitoring site was the link to current "street lingo" from the White House Office of National Drug Policy.

Then again, perhaps communication technology needs to be demonized now that public service announcements like "Pete's Couch" have abandoned scare tactics with regard to actual recreational drug use. Of course, there are already several video send-ups of the "Pete's Couch" spot on YouTube.

When it comes to technology tutorials for parents like this one, it is worth keeping in mind that research by danah boyd on teen computing seems to suggest that something more is at work in the use of instant messaging, mobile communications, and social networking sites by the young than the fastest way to the creepy dealer down the street. She suggests that this behavior is also a logical reaction to parental authority from over-scheduled kids whose sociality has been radically constrained by a society based fundamentally on stranger danger. With playdates and even home schooling, young people searching for social contact that isn't an extension of family relationships go to the Internet to seek out less homogeneous and more diverse forms of community.

One of the statistics that is supposed to be most alarming to parents is this one: 14% of teens have a live face-t0-face meeting with someone they've met online. "Gulp. Scary," we are supposed to say. But I have a teen. He's used the global reach of the Internet to learn about interests that might otherwise be too esoteric for kids in his immediate social circle. For example, he found a teen rugby club with an international group of adults -- including some articulate feminists -- promoting participation in the sport. He also located a DJ academy where he could learn about scratch and mix techniques in a multicultural and multigenerational environment of collaboration around the craft. So -- yes -- he's even met adults through the Internet . . . people otherwise known as coaches and teachers. You can see some of the suspect characters my kid has met in the photo above, where he's spinning vinyl for winning one of the three top mix prizes at his class's graduation. (He's the kid with the blond mop top in the middle of Mr. Choc and DJ Hapa.)

Update on UCLA Library Taser Incident Captured on Cell Phone Camera and Posted to YouTube

Since footage of a UCLA student without ID being tasered by police in Powell library first appeared on YouTube, there have already been a number of remixes and classic YouTube first-person webcam commentary pieces (like this, this, and this).

UCLA's Iranian Student Group and the Muslim Students Association have been organizing large campus and street protests, but these organizations have not yet updated their websites with information or commentary about the incident. The best coverage is probably at The Daily Bruin.

This is a library I know well. I studied there often when I was a graduate student, even when it moved into a temporary structure next door during the building's long process of renovation. What impresses me about the video is how other students weren't afraid to become involved in the plight of a relative stranger: they immediately requested badge numbers and protested the excessive use of force.

November 17, 2006

Whut Kinda Accent Y'all Got?

Figure it out here.

I'm Going To Buy All of Her Books, and Maybe Even Several Copies of Each

Booker winner Desai credits Bush for award:

"Indian novelist Kiran Desai said she may never have won the Booker Prize, one of the world's most prestigious literary awards, had George W. Bush not been U.S. president -- as he put her off becoming an American citizen.

"The Man Booker Prize is open only to British and Commonwealth citizens and Indian-born Desai has yet to apply for a U.S. passport, although she has lived in New York for 20 years.

"George Bush won once and he won the second time and I couldn't bring myself to (apply)," Desai said late last month in an interview in Toronto as she voiced her disapproval of the president's foreign policy.

"So I really owe George Bush my Booker, in an odd way. It's really very funny."

Read the entire article here. Via Arse Poetica.

“The Glass Ceiling” in Washington State

Via Heart at Women's Space/The Margins, an article from the Seattle Post-Intelligencer that reports:

...In a state that made history last year by becoming the first to have a female governor and two women serving in the U.S. Senate, women on average hold fewer than one in five senior-level executive jobs at the top 73 public companies. Records compiled and analyzed by the P-I also show that in the boardroom, just 14 percent of all seats at those companies belong to women.

Despite Washington's progressive reputation and blue-state leanings, not one of those companies has women in the majority as executives or in board composition. Only Seattle-based Blue Nile has an equal number of men and women in senior management and on its board. ...

glassceiling_glancechart.gif

... Starbucks Chairman Howard Schultz said many major corporations that want female executives on their boards are fighting for the same candidates.

"Ten years ago, public CEOs were on five or more boards. But today you would be hard-pressed to find public CEOs on three boards," Schultz said. "Every corporation in America is searching for the same board members. We are all targeting the same people."

But Catalyst, a New York-based national research organization that examines career advancement for women, said there are plenty of female candidates who can and are willing to move into executive positions or board seats.

Catalyst said women account for slightly more than half of all managerial and professional workers, and more than a third of Master of Business Administration recipients. The organization also said a lack of women in executive posts could hurt a company's bottom line.

In a 2005 Census of Fortune 500 companies, Catalyst found that companies with the highest percentage of female corporate officers experienced, on average, a 35 percent higher return on equity and a 34 percent higher total return to shareholders than those with the lowest percentage of female corporate officers. ...

Read the whole thing here.

The Anarchist in the Library

Here in Los Angeles, cameras in mobile phones combined with the video sharing capacities of YouTube have publicized a number of high profile cases of police brutality. (A search on YouTube with the keywords "police brutality" brings up hundreds of videos from all around the world.)

This latest case was actually posted on the blog for the Chronicle of Higher Education. It's hard to watch as twenty-three-year-old Mostafa Tabatabainejad is repeatedly tasered for being in the UCLA library without an ID after 11PM.

Details are here from the LA Times.

November 16, 2006

Tab Stinks, Don't Drink this Crap, Part 2

Part 1 is here.

Now this:

Tab half ad.jpg
Full advertisement visible here. Blech! This demonstrates worst taste than the actual beverage, which is basically "pink carbonated essence of bathroom cleanser." Via Counterfeit Chic.

There is Some Odd Stuff on the Internets..

In case you hadn't noticed. How does the model manage to keep the same facial expression, regardless of which "gem sweater" she is wearing? I'm kind of coveting the "Devil's Blood" (page 7) myself, how about you?

Airbag Folding

Click here to learn the relationship between airbags and origami. If you're a geek, that is. Via Yet Another Sheep.

November 15, 2006

Was "Publius" An Astroturfer?

Interesting post at blog*on*nymity by Carole Lucock called "PUBLIUS, THE PSEUDONYM AND POETRY." Below is an excerpt:

"At the time that Publius and other pseudonyms wrote, it seems likely that their ‘real’ names were known to a limited extent (based on common speculation and actual knowledge within trusted circles) and certainly in many cases became known while the authors were still alive. Why then was a pseudonym so popular and widely used at such a critical and momentous time in a nation’s history? Certainly there is evidence of the desire for disguise; no doubt prudential reasons played some part. However, there is also evidence that disguise was sought to prevent the arguments from being rejected out of hand because of pre-judgments about the author. Beyond this, however, there is a transformative aspect of the pseudonym that enabled the author to speak in a voice that was not only factually disassociated from the views of an identifiable individual but also that facilitated the entry of different views and perspectives altogether. This hypothesis is supported by Furtwangler who has carefully analysed the federalist papers and found that Publius has noticeably different points of view than those of ‘his’ purported authors. [v] In other words, rather than it being the case that the authors used the pseudonym to merely conceal their identities in order to express their own views, in Publius views and perspectives were expressed that were rhetorically tailored to the occasion."

Da Vinci in-DaVinci-ble!

Guardian Unlimited Books:

US supreme court throws out Da Vinci suit


Michelle Pauli
Tuesday November 14, 2006
Guardian Unlimited

The Da Vinci Code author, Dan Brown, and his publisher Random House yesterday won a legal victory against an author who claimed that parts of Brown's global bestseller were lifted from his own thriller.

Lewis Perdue, whose book Daughter of God was published in 2000, had claimed in a May 2003 letter to Brown's publisher that there were similarities between the two books. The publisher then filed a lawsuit against Perdue, seeking a "declaratory judgment" that no copyright infringement had taken place. ...

The Northwestern Law Review Has Made An Impressive Commitment To Open Access Publishing

Read about it here.

Weird Al La Driew

"Bob" and other palindromes, via GreeneSpace, where Sally Greene says: "Don't Nod."

In Case You Needed Another Reason To Dread The Coming Holiday Season

It's "Pull My Finger Santa" and he can probably be hacked to say "Merry Christmas," which is sure to please the uptight "Happy Holidays" adverse Christians on your gift list.

farting_santa.jpg

This is another classy way to celebrate the birth of Jeebus. And how about some Yule Doo for the tree?

YuleDoo_web.jpg
"The only ornament of it's kind! A glittering doo hung from a satin ribbon. It looks like a piece of dog doo complete with frosted snow! It makes a great gift for your dog loving friends!"

Bruce Schneier on Voting Machines and Security

Crypto-Gram:

... Last week in Florida's 13th Congressional district, the victory margin was only 386 votes out of 153,000. There'll be a mandatory lawyered-up recount, but it won't include the almost 18,000 votes that seem to have disappeared. The electronic voting machines didn't include them in their final tallies, and there's no backup to use for the recount. The district will pick a winner to send to Washington, but it won't be because they are sure the majority voted for him. Maybe the majority did, and maybe it didn't. There's no way to know.

Electronic voting machines represent a grave threat to fair and accurate elections, a threat that every American -- Republican, Democrat or independent -- should be concerned about. Because they're computer-based, the deliberate or accidental actions of a few can swing an entire election. The solution: Paper ballots, which can be verified by voters and recounted if necessary.

To understand the security of electronic voting machines, you first have to consider election security in general. The goal of any voting system is to capture the intent of each voter and collect them all into a final tally. In practice, this occurs through a series of transfer steps. When I voted last week, I transferred my intent onto a paper ballot, which was then transferred to a tabulation machine via an optical scan reader; at the end of the night, the individual machine tallies were transferred by election officials to a central facility and combined into a single result I saw on television.

All election problems are errors introduced at one of these steps, whether it's voter disenfranchisement, confusing ballots, broken machines or ballot stuffing. Even in normal operations, each step can introduce errors. Voting accuracy, therefore, is a matter of 1) minimizing the number of steps, and 2) increasing the reliability of each step. ...

There is much more from Bruce this week. Please check it out. It's mega-good:

...Florida 13 is turning out to be a bigger problem than I described:

"The Democrat, Christine Jennings, lost to her Republican opponent, Vern Buchanan, by just 373 votes out of a total 237,861 cast -�one of the closest House races in the nation. More than 18,000 voters in Sarasota County, or 13 percent of those who went to the polls Tuesday, did not seem to vote in the Congressional race when they cast ballots, a discrepancy that Kathy Dent, the county elections supervisor, said she could not explain.

"In comparison, only 2 percent of voters in one neighboring county within the same House district and 5 percent in another skipped the Congressional race, according to The Herald-Tribune of Sarasota. And many of those who did not seem to cast a vote in the House race did vote in more obscure races, like for the hospital board."

And the absentee ballots collected for the same race show only a 2.5% difference in the number of voters that voted for candidates in other races but not for Congress.

There'll be a recount, and with that close a margin it's pretty random who will eventually win. But because so many votes were not recorded -- and I don't see how anyone who has any understanding of statistics can look at this data and not conclude that votes were not recorded -- we'll never know who should really win this district. ...

And, just as I predicted in my MSNBC.COM column last week, Republicans are finally figuring out that these machines are bad for democracy (i.e. them) rather than just Democrats:

... "Pennsylvania GOP officials claimed there were reports that some machines were changing Republican votes to Democratic votes. They asked the state to investigate and said they were not ruling out a legal challenge.

"According to Santorum's camp, people are voting for Santorum, but the vote either registered as invalid or a vote for Casey."

RedState.com describes some of the problems:

"RedState is getting widespread reports of an electoral nightmare shaping up in Pennsylvania with certain types of electronic voting machines.

"In some counties, machines are crashing. In other counties, we have enough reports to treat as credible that fact that some Rendell votes are being tabulated by the machines for Swann and vice versa. The same is happening with Santorum and Casey. Reports have been filed with the Pennsylvania Secretary of State, but nothing has happened." ...

Privatizing Thomas Jefferson: University of Virginia joins Google Book Search project

The Chronicle:

Following hot on the heels of the University of Wisconsin at Madison, which joined Google’s amibitious library-digitization effort last month, the University of Virginia has signed on to the project.

Google will scan selections from Virginia’s collection of books on American history, literature, and humanities, according to campus officials. “With Google, we will be able to offer access to many more texts,” said Karin Wittenborg, the university librarian, in a statement. “For example, 18th- and 19th-century works that are rarely found can be discovered by new audiences.”

Ok. Once again: Quality control? Privacy and confidentiality? Metadata? Anyone know if UVA raised these issues?

November 14, 2006

Thin Air

When I was in college in the early 1980s, one of my work-study jobs was in the Labor-Management Documentation Center at Cornell University's Martin P. Catherwood Library. I often summarized and filed union arbitration materials, and I remember reading a lot about flight attendants who got fired for being "over weight." In 1993 Anna Quindlen published a column in the NYT entitled "Public & Private; In Thin Air." Here are a couple of excerpts:

Flight attendants still have weight limits on many airlines. If you are fat, you get fired. Only what passes for fat is average to you or me.

Sue Liebling of Seattle is 44 yea old, stands 5 feet 4, weighs 144 pounds and wears a size 10 dress. Each year she has to complete an emergency training course, keeping current on all those crash contingencies we passengers don't like to consider at 30,000 feet. But if she doesn't get back down to 135 on schedule, 24 years of experience at United Airlines is down the drain.

Barbara O'Brien of Eugene, Ore., just got suspended without pay, even though she recently dropped 28 pounds, baby weight from her second pregnancy. When she flew to San Francisco last week to work a United overseas flight, she was still 12 pounds over her maximum of 133, and they sent her packing.

This small cul-de-sac of institutional stupidity reflects a larger problem with consumer services in America: they are behind the learning curve of consumers. This is how Detroit continued to turn out big pig cars for some time after gasoline had gone on the gold standard, and how manufacturers of women's apparel took it into their heads to bring back hobble skirts at a time when women are on the move. ...

...The official United explanation for weight limits has to do with "professional appearance." In other words, svelte equals professional. So much for telling girls not to put their fingers down their throat to bring up lunch, that it is performance and not appearance that counts. Some flight attendants make weight in the same way bulimics and anorexics do: laxatives, diuretics and purging.

But those who work within the flight attendants' unions think the restrictions have an uglier purpose, that they combine a yen for the "Fly me" era with the more contemporary corporate yearning to junk older, more experienced workers for younger, less costly ones. Recently one flight attendants' union filed a complaint with the Equal Employment Opportunity Commission charging that the United policy "perpetuates a sex-based stereotype that female flight attendants must be slim-bodied, attractive women, rather than competent employees." ...

The suit that Quindlen is probably referring to, Frank v. United Airlines, began in 1992. It was brought by experienced flight attendants who had attempted to lose weight, but were disciplined and/or terminated for failing to comply with United's maximum weight requirements, as an employment discrimination class action. They lost in a distrct court but won in the Ninth Circuit. The suit was finally settled almost twelve years later, on February 11, 2004, but ten years earlier the litigation had persuaded United to abolish its weight requirements.

I bring all this up, because via this post by Samhita at Feministing, I learned that Delhi's Supreme Court is currently hearing a dispute concerning whether Indian Airlines, the state-owned air carrier, can fire its flight attendants for being too heavy. An article in the UK Guardian reports:

...Eleven employees, recently grounded for putting on too much weight, claim that the airline has changed its vision of the Indian feminine ideal - abandoning the more buxom prototype in favour of a more westernised, skinny model, which staff see as 'unattainable'.

Indian Airlines will argue that this is a case of selecting the 'best ambassadors' to represent the national airline, and the country as a whole, and will also claim that thinner employees are more agile and better equipped to tackle terrorist incidents and other emergencies.

'They want to discard the heavier women and bring in newer, thinner models,' said Sheela Joshi, an air hostess who was grounded after a spot weigh-in found she was 1.9kg over the prescribed limit for her height.

Distressed at the prospect of losing her job after 25 years with the company, she went on a crash diet, and now eats only one meal a day to try to keep within the limit. She has been allowed to fly again, but describes the process as demeaning. 'This is our national carrier and should represent the dignity of Indian culture. These new policies are humiliating to women.'

An internal memo earlier this year warned cabin staff they would be banned from flying if random weight checks found them to be over a fixed weight, set out in a company chart. Although weight guidelines have always been in place, previously they were not rigorously enforced. Lawyers for the cabin crew unions say that around 130 members of staff have been temporarily suspended without pay for putting on too much weight, although most are now back at work.

The court will rule this week on whether the airline is within its rights to stop paying staff, grounded because of their weight, and lawyers will decide whether it is a breach of constitutional rights to discriminate against overweight staff. ...

I hope the flight attendants get justice.

Ich bin kein Berliner: She is Not a Jelly Doughnut

For post title context, watch this. She has done a remarkable series of videos about mental health issues. Via The Trouble With Spikol, where Liz Spikol writes: "I admire this woman for trying to talk about her experience, and for saying what I should say more often: You're not alone."

November 13, 2006

Copyright as corporate censorship, example 359,459

From Copyfight:

The questions of copyright and "official" versions just keep getting funnier.

This time we have CNN attempting (apparently successfully) to force YouTube to take down as copyright violation the original broadcast version of a show. But they have no problems with YouTube copies of an edited version, which they themselves showed.

Confused? Me too. Here's what I can piece together:
Bill Maher guests on Larry King Live. This show is shown live to parts of the US (East Coast) but rebroadcast from tape for later time zones (West Coast). On the live version, Maher made some remarks suggestiong that RNC Chairman Ken Mehlman is gay. My hipper gay friends tell me this is an open secret. He's closeted and all that, but yeah he's gay. OK, whatever.

Except CNN doesn't seem to like those remarks so when Maher's appearance gets rebroadcast for the later showing those comments are edited out. Of course people notice (duh, CNN really doesn't get it) and people who recorded the original version post it to YouTube. People also post the edited version. CNN sent a copyright violation letter to the person who posted the original, unedited version, and then edited its online transcript of the show to match what was later shown. ...

Library Volunteers Refuse To Submit To Drug Testing

But testing the volunteers is important, because if library volunteers do drugs, the books get badly misshelved!

This is what happens when library volunteers do drugs.
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Any questions?

November 12, 2006

BruteTube

Of course, the big news here in LA is the videotaped beating of twenty-four-year-old William Cardenas, which was posted on the video sharing site YouTube. Viewers can watch here and see Cardenas struggling as he is restrained by officers; he says "I can't breathe" four times. As The Los Angeles Times reports in "Video, arrest report at odds," officers only report punching Cardenas twice despite digital evidence to the contrary.

Los Angeles has a bad history when it comes to police brutality and subsequent LAPD attempts at spin control. Some worry that YouTube's ability to disseminate images of police brutality rapidly will stimulate more Rodney King-style urban unrest. I tend to think that the Internet's ability to publicize messages that authorities may otherwise ignore will actually offer an outlet and opportunity for redress that could forestall frustrated expressions of retaliatory violence in the form of rioting and looting. I say that as someone who has had rocks thrown at my car, guns pointed at me by national guardsmen at my grocery store, and marching feet down my street at night during the Los Angeles riots. Certainly the pre-Internet era didn't handle these cases any better.

In connection with this story, it's also worth noting that the LAPD has a very snazzy website with video messages from Chief Bratton and a new LAPD blog.

Ironically, the existence of YouTube has sometimes encouraged the enforcement of intellectual property rules that contain and control the dissemination of such visual messages. For example, in the case of another well-publicized beating, that of truck driver Reginald Denny, copyright holders asserted their rights to take critical footage from the history of Los Angeles out of the public domain.

Cross-posted at Virtualpolitik

Artists and IP

The NYT has two interesting stories right now featuring, shall we say, different approaches to artists and IP.

The first in a genre near and dear to my heart is a profile of Dark Horse Comics, which "built [their] publishing platform around creators' rights ... [Their] pitch was, 'We'll match the rights that you get from other companies and we'll let you own the work.'”

The second is an article about Daniel Moore, a photo-realist artist (he calls it "photofuturism") of Alabama sports moments. The University (as we in Alabama called it) is suing Moore for trademark infringement of its crimson-and-white color scheme. Yea, Alabama, Crimson Tide, yadda yadda yadda fight song lyrics sung ironically. (I went looking for the actual fight song lyrics, which did not comport with my memory, and found myself in a hell of blinking and color-challenged websites dedicated to Crimson Tide football obsession. Dave's College Football Fight Songs is restfully simple, for those of you who want to know the actual lyrics, and not the one line that is engraved falsely in my memory.)

X-posted at derivative work

November 11, 2006

Reality Check

If you've been listening to Supreme Court proceedings this week about the ban on so-called "partial birth abortions," you may have heard a lot about the supposedly exotic cases for which the procedure might be justified. According to the transcript of the oral argument, Solicitor General Paul Clement uses the word "rare" five times to describe what are assumed to be extremely exceptional cases.

As someone who participated in a prenatal/postpartum group for many years and who has heard a lot of blood and guts stories from other women, I just don't believe that these cases are -- in fact -- that rare. They're certainly not the kind of intimate details that one shares with neighbors or co-workers, and society already gives women enough hang-ups about their bodies, so I'm sure there is radical underreporting taking place, but -- just in my women's group -- I've heard of many, many situations in which the mother's general or reproductive health was at risk or the fetus turned out not to be viable outside the womb late-term or pregnancy and cancer coincided in a perfect storm of medical misfortune. No one in their right minds advertises the fact that they've had a late term abortion under these circumstances; acquaintances are just told that a miscarriage took place.

In the words of the attorney from Planned Parenthood, "the important point, Your Honor, is that this, that the intact D&E procedure, and the testimony was overwhelming to this effect, that -- in some cases this procedure averts catastrophic health consequences for the woman. It averts uterine perforation, it averts the spread of sepsis or infection; it averts the spread of --potentially the spread of malignant cancer throughout the women's body."

November 10, 2006

Falling for Tetris

The BBC documentary "Tetris -- From Russia With Love," now available on Google video, is well worth its hour running time, especially for anyone who has ever let phones ring or dinners burn while playing the seemingly simple game of stacking up the falling geometric shapes. This tale of Tetris also is a story about intellectual property and digital culture that involves several countries and corporate players that took place on the geopolitical stage of the end of the Cold War. In other words, who owns the product of the work of programmers at the state-run Soviet-era Moscow computer center, which was subsequently installed on computers throughout the Eastern Bloc? Atari, Nintendo, and Great Britain's Mirrorsoft all fought for the rights. Nick Montfort of Grand Text Auto also praises the film on this link.

How will the Dem sweep affect IP and tech law?

A little better, a little worse, according to William McGeveran.

In the House, Net neutrality champion Ed Markey (D-Mass) will chair an Internet subcommittee. But Hollywood whore Howard Berman (D-90210) will chair the IP subcommittee. Jack Valenti might as well pull up a chair as well, with Berman manning the gavel.

In the Senate, Pat Leahy (D-Vt) will take over the Judiciary Committee. I find Leahey to be confused and shallow on such issues. His staff is great, though. So there is some hope for real dialogue and debate, if not progress.

I will be writing a column for MSNBC about how the elections will affect the Internet. It will be a couple of weeks. Please post comments if you have any.

November 9, 2006

Ellen Willis, 1941-2006

My friend, colleague, and neighbor Ellen Willis died this morning. She was an amazing person. We will miss her.

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Here is her obit from The Village Voice:

Groundbreaking feminist author, activist, and academic Ellen Willis died Wednesday. Willis had been sick from some time. Born in 1941, she served as the first pop music critic at the New Yorker, and later worked as an editor and writer at the Village Voice, on and off, until the mid 1990s. ...

Here is her recent essay on the history of women at The Village Voice.

Melissa Summers Was a Poll Worker Yesterday

Or as she characterized it: Today I volunteered at the kid's school in the position of "Person Who Asks, "Are you here to vote?" And Then Points Toward The Stairs." Here is an excerpt from her account:

"Hi! Are you here to vote?"

Unpleasant Voter: "Oh, are you here to direct people to the polls?"

"Yes I am!" [Smile.]

Unpleasant Voter: "What they really need is someone directing people to the entrance of the building because it's hard to find."

"Ha! That's so funny!" [But thinking: "Are you fucking kidding me? You can't find the fucking entrance of a building? The big stone facade didn't tip you off? The big sign saying, "Vote Here" with an arrow pointing toward the door didn't tip you off? You're going to vote right now? Seriously?"]

I would have guessed she lives in South Caroline like me, but in fact she was working a polling place in her home state of Michigan. In what I am sure is an extraordinary coincidence, today she is quoted in a fairly stupid NYT article about Mothers Who Drink During Playdates where she is a voice of reason. Her wonderful blog is called Suburban Bliss where the header features a "Momtini" and there is even a link to a Momtini Cafe Press store:
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Rumsfeld: 'My Half-Assed Job Here Is Done'

Yep, it's a headline from The Onion. The accompanying article is accesible here. I particularly enjoyed the closing sentence. This one is pretty funny too.

November 8, 2006

Diary of a Mad Poll-Worker, Part Four


Yesterday was the big day, where I clocked in as a traditional poll worker, as part of my behind-the-scenes hard-hitting four-part investigative series on electronic voting. (See Part One, Part Two, and Part Three for context.) This was the actual t-shirt that I wore during my 6AM to 9PM shift.

I'll put the big idea up front. I'm not an expert on e-voting, but I do know something about how technology works (or doesn't work) when it is introduced in other institutional contexts. Here's my basic thesis: introducing technology into the political process is like introducing it into education. There needs to be a reason to do it; it shouldn't just be about adding bells and whistles only because changes can be made. Two principles need always to be kept in mind: 1) the technology should be added to solve the actual problems of users and 2) planners need to be prepared for when users put the technology to different ends. I'm usually an advocate for technology but not always, and for years I have seen college administrators who don't keep these two rules in mind and have thus undervalued time-tested traditional teaching methods and low-tech solutions. I think that a similar thing may have happened to election officials who have been pursuing a crazy patchwork of whizz-bang approaches to e-voting without any unified vision.

That's why I'd say that the approach of Los Angeles County makes sense when it comes to computerized voting; local election officials decided to focus on using computers either to help disabled people cast ballots without assistance or to alert harried voters that they had accidentally overvoted, thus nullifying whatever they had intended to indicate, and provide an opportunity to the voter for self-intervention

Overall, it was a relatively disaster-free day. The lines never got that long, the limited technology that was used never failed, and it seemed like the optical readers processed inked ballots at a pretty rapid clip at the end of the day. The scene in the Santa Monica church that I presided over was nothing like the YouTube drama depicting Voter Intimidation in Philadelphia and other COPS-style hijinks.

More here. (Scroll down for true-life follies and foibles.)

So Much Good News: Deval Patrick New Massachusetts Gov!

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The NYT reports:

Democrat Deval Patrick, a former top U.S. civil-rights enforcer, was elected governor of Massachusetts on Tuesday, becoming the second black ever elected to lead a U.S. state. Breaking a 16-year Republican hold on the office in the liberal state, Patrick won 55 percent of the vote to beat Republican Lt. Gov. Kerry Healey by 15 points.

Here's Patrick's website. He won with the endorsements of NARAL, NOW, Planned Parenthood and MassEquality PAC! Thanks for the reminder to Shark-Fu.

"... Dallas is a jewel. Dallas is a beautiful sight ..."

Burnt Orange Report: Democrats Sweep Dallas County

Dallas County Democrats fielded 47 candidates for countywide office this year. Mostly well-qualified judicial candidates, the slate also included candidates for county administrative and other offices.

Every single Democratic candidate won. Every. Single. One.

It's a new day in Dallas County. Let there be no mistake. Dallas County is Democratic territory. Dallas County is blue!

Many non-Texans have a stereotypical view of Dallas. Let the word go forth that Dallas is a much more interesting and liberal place than JR Ewing might wish!

Madam Speaker!

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I have not always been in agreement with Nancy Pelosi's views and actions in the past, and I am sure I will have concerns about things she does or does not do in the future, but watching her ascend to the position of Speaker of the House absolutely thrills me beyond all reason. A female Speaker of the House in the U.S. Congress. Maybe anything really is possible for women. Thank you, Nancy Pelosi, for inspiring in me a sense of optimism about the future I thought was gone forever.

The Republicans have already thrown all manner of criticism her way, and obviously that will only increase. Supposedly Liberal Dudes who secretly despise uppity women will be surreptitiously undermining her leadership behind public masks of support, and history suggests the Supposedly Liberal Dudes will be ably assisted in this by female collaborators, some of whom will claim to be feminists. But this is nothing new or unforeseeable. She's been fighting these battles for a long time, and last night she won big. Congratulations and thank you, Madam Speaker. You give me hope, and you make me very proud.

November 7, 2006

What I Hate Voting In South Carolina

It's the lines. I've lived and voted in six states: New York, Massachusetts, California, Pennsylvania, Ohio and South Carolina. I've never experienced long weights anywhere else like I do in SC. In November 2000 it took me four hours to vote. It hasn't been quite that bad since, but I've never managed to vote in less than an hour, even in "off years." It never took me more than twenty minutes to vote anywhere else. This disparity is partly because other states provide more voting facilities than South Carolina does. For example, California precincts allocate 1 voting machine for every 200 voters. In South Carolina, the law requires only 1 machine for every 250 voters. From the South Carolina Code:

SECTION 7-13-1680. Number of voting machines; type and use; repair; custody. [SC ST SEC 7-13-1680] The governing body of any county or municipality providing voting machines at polling places for use at elections shall provide for each polling place at least one voting machine for each two hundred fifty registered voters or portion thereof or as near thereto as may be practicable. The machines shall be of the type approved as provided for in this title and shall be kept in complete and accurate working order and in proper repair. The machines may be used in such election districts or precincts in the county or municipality as the officials holding the election or conducting the primary may determine. The governing body of the county or municipality owning the machines shall have custody of such machines and other furniture or equipment of the polling places when not in use at an election.

In Ohio in 2004, in precincts that averaged 170 voters per machine, some people had to wait five hours to vote. My precinct had 8 machines for 2,076 voters this morning (1093 women and 983 men), one machine for every 259 and a half voters. The polling places in SC are open from 7 am to 7 pm. If all the registered voters show up, each machine will have to accomodate 21.72 voters per hour, which would be highly unlikely. It took me 90 minutes to vote (most of which I spent in line), during which time at most twelve other people voted. Some politicians blame this situation on the voters, claiming they inadequately prepare ahead of time, and then take too long to vote, reading and re-reading the proposed statewide constitutional amendments that are on the ballot interminably. Well, I'm glad people read the proposed amendments carefully. Who wants to accidentally vote for hate? Who wants to accidentally vote to have poor and middle class taxpayers subsidize the McMansions of the rich? ("Balanced" overviews of all of the proposed constitutional amendments on the SC ballot are available here and here.)

The brand new, HAVA funded electronic voting machines (which lack a paper back-up, naturally) are complicated to use. After I selected all my candidates and weighed in on all the proposed amendments at issue I got to a screen that told me to touch the "vote button" when I was finished making my selections, but I couldn't find a "vote button" anywhere on the screen. What I actually needed to do, it turned out, was touch the "next button." After I touched "next" I needed to push an analog vote button that wasn't even on the touch screen, but on a different part of the voting machine altogether, several inches above it. A poll worker had to point it out to me. I pushed it and can only hope my votes registered correctly.

November 6, 2006

One Weird Mobile Billboard

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Stupidly, I thought it was a joke. It wasn't:

...No Democrat has won the district in more than 30 years, but Paccione is putting up such a challenge that Bush came to town to try and give Musgrave a boost three days before the Election Day.

"She has worked to prevent the institution of marriage from being redefined by activist judges," Bush said to thousands rallying for the GOP at a cavernous event center. "She understands your values, and that's another reason to send her back to the United States Congress."

Outside, Musgrave's critics drove a truck mounted with a billboard that criticized the Republican position on gay marriage and its plan in the war on terror: "Stop gay marriage now, so Osama doesn't get away."

Ant Farm!

"Let's Paint, Exercise, & Blend Drinks TV!"

Some of the callers are harsh!

Fair Use experts: Give a hand to Georgia Harper

Georgia Harper is one of my favorite people in the world. For years she has guided students and faculty of the University of Texas (that's National Champion University of Texas to you) through the perils of copyright and fair use through her work in the general counsel's office. Now she is using her new blog, Lifelong learning: The third degree to help her construct a winning argument about fair use of digital materials through electronic course management systems like Blackboard.

Please check out her posts and give feedback.

... I've been working on, struggling with, a paper on the fair use argument for electronic reserves and digital distribution of reading materials (and other materials) in course management systems like Blackboard. I want to experiment with collaborative authoring in a scholarly context, so I'm going to work with the text here, inviting comments and suggestions. I've already solicited comments privately, as is the norm in academe, but I'm still concerned about the argument, the reasoning, the factual predicates, and most of all, the conclusion I reach. So if it's not working, what better opportunity to try a new approach. Further, like other authors today, I am excited about the possibilities in collaborative authoring, and networked texts. I want to see how it works. What better way? ...

Ratemyprofessor.com now includes professor photos

Can this really be a good idea?

Won't this just encourage the shallowest reactions to professors? Won't it enable stalking, etc.?

Will universities have to institute photo policies for the classroom?

Thoughts?

November 5, 2006

False Advertising

I received these two voter guides in the mail, which purport to be from the Democratic Party. They recommend against voting for Proposition 87 in the relatively small print, alongside a list of official-sounding and otherwise plausible endorsements. Of course, the California Democratic Party has encouraged a "yes" vote on Proposition 87, the alternative energy research initiative to be funded by a tax on oil, not the "no" these mailers advise.

The mailers are very vague about their sponsors; they were mailed by "Democratic Voters Choice" in Burbank and "Voter Information Guide" in Sherman Oaks. However, it is being widely reported in the blogosphere that they could only be the handiwork of the oil interests in the state.

As a rhetorician, it is interesting to see all the appeals to patriotism, pride in history, and human identification with the smiling faces of familiar state and local candidates. Had it not been for a MoveOn.org e-mail this morning, I would have assumed that they were legitimate.



Checking back in...

With PostSecret:

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and with academicsecret:

The power to walk away: I almost got sucked into a really unnecessary online discussion about some topic that's close to my heart. Does everyone here know what trolls are? Trolls are people who seem to be engaged with you in a discussion seriously, but in reality are just trying to derail the conversation. They are to be avoided. The only outcome of engaging in a discussion with a troll is rising blood pressure and major frustration. Oh, plus lots of time lost. So stay away from them. ...

The Weepy Little Professor: This semester, I noticed a group of students who basically sit in the back and laugh the whole time. Turns out (perhaps sadly), this is nothing new. But for some reason, it's bothering me a lot. It feels like they're lauging at me.

As a result, I'm finding myself growing more and more self conscious, and I'm losing my lecturing mojo. I'm constantly checking my fly, touching my nose, the whole nine. It's stupid, but it's bothering me.

The thing that's so weird about it is the way they laugh. They look at me, but turn their heads, and put their hand up in front of their faces to whisper something to the others. Then they all giggle. While staring at me. With their hands over their mouths. Imagine a 7th grade lunchroom, and you've got the idea.

The thing is, they're not really disrupting the class, just themselves and me. I once made a joke directed toward the entire class to the effect that the lecturing stage was not, in fact, a television, and that I could actually see them chatting. The class laughed. For once, the little group did not.

But they also didn't stop. ...

Remembering the Racist and Misogynist Not So Distant Past

Read Popular Culture, Then and Now and The Good Ole Days That Weren't by Y. Carrington at The Primary Contradiction. In these posts she offers an astute and eye-opening critique of the Merrie Melodies cartoon Coal Black and de Sebben Dwarfs (1943), "a supposed hot jazz retelling of Snow White and the Seven Dwarfs, animated and produced by Warner Brothers animator Robert Clampett." She notes that: "This short is one of the infamous “Censored Eleven,” eleven Looney Tunes and Merrie Melodies shorts that were yanked from rebroadcast syndication in 1968 to accommodate that era’s swiftly-changing racial climate."

November 4, 2006

Online Mourning: The Dead Get Dissed

From this NYT article:

If the Internet has increased the ease and anonymity of communication, it has also weakened inhibition and decorum.

“When they’re face to face at a funeral, people don’t have the guts to do something like that and write something offensive,” said Justin Rowan, embalmer for the Freyvogel Sons Funeral Home in Pittsburgh. “On the Internet, people might not even know the guy, but they might feel free to write something.” ...

...Pamela Tay said she felt ill when she discovered a discussion on MyDeathSpace about her 18-year-old daughter, Kelli Laine, who was killed by a drunken driver in 2001.

“It was Mother’s Day when I came across it, and that is the hardest day of the year for any mother who has lost their child,” Ms. Tay said. “They were joking about her sexually. They were saying it was my fault for letting Kelli go out that night.”

After she complained about the postings, they were taken down, only to re-emerge later.

“It is so incredible to me that people say these things,” Ms. Tay said.

With one comment sent every five seconds, Legacy’s workload is steep; the company vets everything before it is posted, unlike smaller sites with obituary content.

“The goal is to ensure no one gets offended and to maintain the quality of the site,” said Ms. Ferguson, the chief operating officer.

Much of the work stems from spammers’ use of the guest books to sell religions, coffins, even Viagra.

Craftier postings are harder to catch. For example, a former parishioner sends a long and fawning testimonial about a priest who has just died and parenthetically includes a link to a site accusing the priest of sexual abuse. ...

Read the whole thing here.

How to Shrink the Deficit

Check out the U.S. Presidential Speeches Tag Cloud. It takes a moment to figure out how to use the slider (numbers on the timeline would have been helpful), but -- once you do -- you can see which topics are important to which presidents, based on the frequency of a given word in their speeches. Clearly, "Constitution" was a big one for for Lincoln, "unemployment," "dictator," and "democratic" loomed large for F.D.R., and for the early presidents "treaty" was a major buzzword of choice.

Notice how the word "deficit," so large in the speeches of Reagan and Clinton, shrinks and disappears in the speeches of George W. Bush, as we approach the present day. From the image above, you can see the word that dominates his rhetoric.

Poor Kids Can Be Smart: Duh.

I'm not aiming my sarcasm at the book "Cross-X," it looks great, but at the tone of the Yahoo News article describing the book, entitled Poor Debaters Triumph Over Rich Kids. If poor kids had the educational opportunities that rich kids had, of course many would prove to be very smart and talented. This is news? Yeesh.

November 3, 2006

Diary of a Mad Poll-Worker, Part Three

Today, I voted well in advance of election day, thanks to a touch-screen voting site. I even have my "I Voted Touchscreen" sticker to prove it. Based on my experiences, I would add a few things to Siva's excellent list of suggestions.

1) The machines offer less privacy to voters not more.
2) The machines slow down the voting process and tax the attention of poll workers rather than improve efficiency.
3) The touch screen interface is surprisingly poorly designed for the visual presentation of information. This is an obvious missed opportunity, given how easily color, dynamic text, and the intuitive movement of icons could have been cheaply used.
4) The machines break down and thus compromise the entire process.
5) The machine's instructions are designed to be literal-minded and thus serve to match the computer's standardized algorithm not the intention of the ballot makers. For example, the text on the touch screen was significantly different from the text on a printed ballot when it came to more complicated "no more than X" elections.

In California, there has been considerable publicity about Sequoia Voting Systems, which makes the machines used in sixteen counties in the state, including nearby Riverside and San Bernadino districts. At issue are possible corporate ties to Venezuela and the government of anti-US firebrand Hugo Chavez. However, the Sequoia company says it welcomes an investigation, according to a story in The Los Angeles Times, "Vote Machine Maker Asks U.S. to Probe Alleged Ties."

Like the rest of the early voters in Los Angeles county, I had to trust my vote to a Diebold voting machine, which has perhaps an even more suspect history of political interest. In today's LA Times, an editorial on how "E-voting may be scarier than hanging chads" points out how vulnerable the machine's security systems are to tampering. Luckily, the ones in LA County have a paper receipt that the voter can review under a plastic shield.

You can read what it was like here. (Scroll down for the gory details.)

My e-voting op/ed: On the cover of MSNBC.COM!

I did a pre-election op-ed for MSNBC that they originally titled: E-voting security flaws can be fixed. Not sure why they decided on that headline, since it's not exactly true. But anyway, they put it on the cover!

UPDATE: The new headline is great. It's "How to Restore Trust."

MSNBCcover110306.jpg


Here is an excerpt:

...This should not be a matter of Democrats versus Republicans. The problem is that election bureaucrats — both Democrats and Republicans — put too much faith in the vendors who build and maintain the machines and too much faith in the technology itself.

So what’s actually happening here is a clash between science and bureaucracy. State and county officials want to get their contracts out and their vote tallies in as fast and as cleanly as possible. They favor the illusion of precision over the necessity of accuracy and fidelity. They don't want to hear or consider bad news.

It’s also a struggle between private contractors and the public interest. Electronic voting vendors capitalize on American faith and fascination with all things flashy and new. As a result, scientific critics of electronic voting and fans of good-old-fashioned paper get dismissed as Luddites or fear mongers. ...

If we do not have a rich, informed, non-partisan, publicly minded nationwide examination about how we vote and how we count our votes, we are in danger of becoming like just another shaky, storefront democracy.

So if Tuesday evening we learn that a handful of seats Republicans thought they had won go the other way amid reports of malfunctioning electronic voting machines — and there is no way to run a recount — perhaps Republicans will join the critics of electronic voting and we can move to restore trust in our balloting system.

We should not wish for chaos and controversy. But without a reason to wonder and worry we are in danger of being too complacent and letting a handful of untrustworthy companies rule our most basic public ritual: the vote.

Don't Stop Believing! Rock On!

Last night I attended a rock concert here in Columbia SC at the Colonial Center, a double feature of Journey (without Steve Perry) and Def Leppard. This is not an event I would have driven very far for, but since it occurred in a venue less than two blocks from the law school, and I actually was able to park in the law school parking lot (which with only seven years seniority I am far too junior to do during the work day) I figured what the heck. It was just as hammy and glammy as you might expect, with an abundance of arena band accoutrements (strobe lights, leather pants, guitars bearing the British flag, pyrotechnically contained fire blasts at regular increments), and many stereotypical Rock Star Moves by the performers, such as pointing at the audience, clapping hands over head, pop and lock dance maneuvers, leaping onto the drummer and keyboarder platforms, pumped fists, and flailing the microphone stand around with vigor.

A singer named Stoll Vaughn was the opening act. He sounded a lot like Bob Dylan, and seems to be actively cultivating a Dylanesque persona. Nothing wrong with that, though it did strike me as a tiny bit heavy handed to title one of his songs "Working Class Man," which referenced denim, I kid you not, and was clearly pitched at winning over what may or may not have been a substantially blue collar audience.

Journey opened with a guitar version of the Star Spangled Banner, which got the crowd on its feet, and led some people in the audience to unfurl and gesticulate wildly with the American flags they had presciently brought along for the occasion. Journey was very loud, and a couple of their songs were completely unrecognizable to me. I couldn't comprehend the lyrics very well, but still managed to sing along to some of the classics that were somehow implanted in my brain. I particularly enjoyed "Wheel in the Sky" and "Lights" and of course "Don't Stop Believing." "Faithfully" and "Open Arms" brought back memories of my Senior Prom, which was sort of a mixed blessing, shall we say.

Def Leppard was somehow even louder than Journey, and a little more anthropologically interesting since most of the original members are still part of the band. I was able to understand the singers' words a little more cogently thanks largely to the fact that two women in front of me sang along with every single song, from beginning to end. Luckily they had pretty nice voices. The band's performance of "Rock On" was great, and so was "Let's Get Rocked" and "Photograph." Their legendary one armed drummer (prepare for obvious cliche) didn't miss a beat.

Mock me if you must, I'd do the same in your shoes, but dood, it was a pretty fun evening. Unfortunately I was spotted by some law students also in attendance, so now all I have to do is come up with a good copyright or trademark law related explanation for my presence at the concert. Suggestions in the comments are very welcome!

November 2, 2006

Doesn't This Sound Like Satire?

Yet incredibly enough, the two paragraphs below come from a news story in the NYT entitled "U.S. Web Archive Is Said to Reveal a Nuclear Guide" and not The Onion:

Last March, the federal government set up a Web site to make public a vast archive of Iraqi documents captured during the war. The Bush administration did so under pressure from Congressional Republicans who said they hoped to “leverage the Internet” to find new evidence of the prewar dangers posed by Saddam Hussein.

But in recent weeks, the site has posted some documents that weapons experts say are a danger themselves: detailed accounts of Iraq’s secret nuclear research before the 1991 Persian Gulf war. The documents, the experts say, constitute a basic guide to building an atom bomb.

"Mr./Ms. Martian, whom would you choose?"

Eric Muller has "An Abstract, Purely Hypothetical Thought Experiment" up at Is That Legal?

Diary of a Mad Poll-Worker, Part Two

Tonight I attended my poll-worker training at a church school auditorium, with a basketball hoop on one side and giant cross on the other. Our very competent teachers were county employees, who came prepared with a PowerPoint presentation, a number of videos, and the necessary scenery for play acting in the form of ballot boxes and polling booths.

I have to admit that the thought of working for the county again, a decade and a half after turning in my keys, amused me.

"You can party all night and do this job," one of our instructors assured us, although willingness to get up early seemed to be the key job requirement.

The house was packed with a relatively diverse crowd, although elderly white women were certainly overrepresented. Several of them had apparently manned a polling place together in the past.

"We take care of everything the afternoon before," one of these sweet senior citizens suggested to the group. "If we set up everything in advance, then we can sleep in a little." (Apparently all the poll inspectors had already picked up the voting supplies earlier in the week.)

The teacher was aghast. "No," she said firmly. "The voting materials can't stay in the polling place unattended overnight."

We watched the first video, which was called "The Perfect Polling Place." It was full of reassuring messages about how easy it would all be with so many experienced people around.

"How many of you are new?" one of our teachers asked. Almost all of the hands in the room shot up.

One of the women who didn't raise her hand said, "Last year, we couldn't reach the coordinator."

We were told that that would be impossible this year, as now every polling team would be issued a cell phone to improve communication.

We were made to repeat the phrase "We throw nothing away!" several times in unison. This included small items like tie snaps and stubs.

At one point, my attention drifted during the presentation, as I became absorbed with the question as to why ballots were white (regular), pink (provisional), or lavender (absentee). What does this say about the feminization of voting, I thought.

We watched another video called "Ballot Inspection," which starred a character named "Perky Cul de Sac."

We were given some "life hacking" tips. The registrar would provide red pencils, but colored pencils would make our lives easier.

Perhaps my favorite moment was the display of sample write-in ballots, which showed Mickey Mouse or Donald Duck being suggested for duty in higher office. I couldn't help but wonder if there were any intellectual property lawyers in the room, who were contemplating slapping the county with a trademark violation.

Then, at last it was time for some hands-on experience with the equipment. Although there was a ballot reader and an audio voting system with a directional keypad, the computerized component of voting was de-emphasized.

"It's not a computer," one of the instructors insisted. "You do more with your microwave."

Strangely, we were told never ever to use the "Help" or "Admin" functions on the device.

A big guy with long greasy hair sidled up to me confidentially. "It's going to be a madhouse," he hissed in my ear. "We'll have lines stretching to the next city with these things."

I thought he was probably overstating the case, given that a voter could choose to bypass the reader entirely and have his or her ballot inserted directly into the ballot box. Besides, the ballot reader only spit the ballot back if there was an overvote or a blank ballot inserted.

"To the next state," the hulking presence next to me predicted.

I was more worried about the digital audio reader, which seemed like it would take a long time, since it read all the choices to the voter, and we were to have a long, unwieldy ballot this year. I asked to try out one of the systems for the disabled, dyslexic, or non-native speaker of English. I began to complete a ballot in Japanese, which was difficult because I was pretty rusty. My choices in the demo were for candidates like "best ice cream flavor."

"A circus," my unlikely Doppelganger said as I was concentrating on the instructions in a foreign language and pushing buttons. I felt like I must have glared at the guy, but perhaps not, because he stayed glued to my side.

The system lapsed into English. I pointed this out to my instructor. "A glitch," she said. "Don't worry. It will be fixed by election time."

"A zoo," my unwanted companion pronounced, as I headed for the door.

November 1, 2006

Substance in Red Wine Extends Life of Mice

Unlike mousetraps and rat poison.

Drink The Kool Aid

With Monkees!