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November 30, 2004

Roderick Jackson

I don't know how the case will turn out, but based on what I know about Roderick Jackson, he's awesome. He's the kind of person who makes me wish I was rich, so I could drop a generous genius grant or "Profiles in Courage" award on him. Kudos too to the National Women's Law Center. Here's why:

STATEMENT OF RODERICK JACKSON, PLAINTIFF IN JACKSON V. BIRMINGHAM BOARD OF EDUCATION, ON TITLE IX CASE BEFORE THE SUPREME COURT

Good afternoon. My name is Roderick Jackson, and I am a teacher and the Acting Head Coach of the girls’ basketball team at Ensley High School in Birmingham, Alabama. I am glad to be here to talk about my case.

From 1999 until May, 2001, I was the head coach of the girls’ basketball team at Ensley. We had a good team. They played good ball, they worked hard, and they won many games. In fact, six of my seven seniors who graduated in 2001 received college scholarships.

But my team didn’t have it easy, and the girls were treated worse than the boys in many ways. The girls were not allowed to use the new, regulation, gym used by the boys’ team; instead, the girls had to practice and play in the old gym with its wooden backboards, bent rims and no heat. Although the boys’ team was transported to away games by bus, the girls had to make their own arrangements to travel by car when their games were scheduled at different times from the boys’ games. The girls also couldn’t get to some of the amenities available to the boys, including the ice machine. On one occasion, for example, I was forced to break into the ice machine with a screw driver to put ice on an injured player.

Money was another major problem. The girls were routinely denied any share of the money donated to the school athletics program by the City of Birmingham – of the $8,000 donated one year, for example, the girls never saw a dime. While the boys’ team was allowed to keep the money from admissions and from concession sales during their games, the girls were not. To add insult to injury, the fact that teams had to pay for their own game officials meant that not being able to keep those funds caused very serious problems.

To me, this is just unfair. So I went through the chain of command – from the school Athletic Director, to the Principal, to the Athletics Director of the system, to the Director of High Schools in Birmingham, and to the Deputy Superintendent of Instruction, who is the second in command of the system -- to try to level the playing field for my team. I was astounded that no one cared. Worse than that, they got angry and fired me from my coaching job.

Why I was fired is clear cut. I spoke up on an issue that no one was ready to deal with, an unpopular issue, and I got penalized for it. I not only lost the pleasure of coaching; I lost the extra income I earned and the higher retirement benefits I would have gotten based on that money. I was labeled a troublemaker and for two and one-half years was turned down for every coaching position I applied for at other schools. And the young ladies at Ensley lost the only person who was willing to speak up for them.

So I went to court to try to get my job back. I didn’t have a lawyer at the time of the court of appeals argument, and the court ultimately dismissed my case, saying that in Title IX, Congress was silent on whether retaliation was specifically prohibited and that I couldn’t sue. I’m not a lawyer, but that doesn’t seem right to me. I never got a chance to present, and the court never got a chance to hear, the merits of my case: the facts on the inequities the girls suffered or the subsequent retaliation against me.

That’s why I’m so pleased that the National Women’s Law Center took up my case, and I hope that the Supreme Court will consider it.

Since last fall, I have been serving as Acting Head Coach for the Ensley basketball team. I was rehired in this capacity once there was a change in the school administration and once my case started getting some publicity in the local press. But I do not know whether I will be offered a permanent position as the Head Coach again, and many of the inequities about which I originally complained have not been corrected. For example, my girls’ team is still forced to frequently practice in the old, unheated gym because the team is not allowed access to the new gym until after the boys’ team has finished its practices – which would mean having to stay at school until very late in the evening. And the girls are still not allowed to get the admissions money that’s taken in during their games. There is more to be done before Ensley’s sports program is fair.

I have a son and a daughter, and I want them both to be treated equally in their educational opportunities. I want the law that requires that, Title IX, to be enforced. And that is true for other civil rights laws too. I want to be able to do my part to ensure that my son and daughter, and the girls on my team, are treated fairly when they play sports. I hope that the Supreme Court will agree that I have the right to do that and that my school can’t punish me for speaking up. Thank you.

Click here for more information.

Guardian Names DJ Spooky's Book among Best of 2004

From Diran Adebayo, Writer

Paul Miller - aka DJ Spooky, that Subliminal Kid - is an underground treasure. An African-American cultural theorist-cum-musician, his Rhythm Science (Mediaworks £7.99) is a sharp, sweetly designed little number, a manifesto for his way of looking at the world. Tracing connections between Duchamp, Debussy, the Wu Tang Clan and the everyday creativity he saw growing up in Washington DC, he shows how art and idealism can activate each other in this era of sampling and 'multiplex consciousness'. In its range of reference and its fruitful speculations, it reminds me of our own Kodwo Eshun's groundbreaking More Brilliant Than the Sun (Quartet £10) of a few years back.

A Soldier Returns From Iraq

This is a first person account of the life of a soldier who has returned from the Iraq War, originally posted on DailyKos and re-posted here.

Nightmare #1
I am in command of a four-vehicle convoy in Iraq. We are skirting the edge of a town on our way back to our camp after having performed a mission elsewhere. My vehicles are unarmored HMMWV's mounted with a variety of machineguns. Although we are not expecting contact, we are loaded for bear.

There is a scattering of buildings around, but none of them appear to be residential. I look down to check my map when there is a large explosion to my front. I look up and my lead vehicle has been blow off the road and spun at a 90-degree angle. Smoke is pouring from it, but it is not completely destroyed.

Nightmare Continued:

I have just enough time to mutter, "Fuck..." when bullets start pinging of the hood of my vehicle. "RPG LEFT!" my gunner shouts and I see the rocket streaking towards us from a building about 100 meters away. The RPG explodes in just in front of my vehicle and shreds the engine block. We stall. I'm hit by shrapnel, and so is my gunner. My driver looses control, and we crash into a low brick wall. My head slams into the windshield cracking it.

Bullets are bouncing around in the vehicle, and smoke is pouring out of the engine. My driver is trying to frantically start the engine. I yell at him to get out of the truck, take cover behind the wall, and return fire. It probably sounds something like this:
GetthefuckoutBehindthatfuckingwallAstartshootingthosemotherfuckers.

"Where the fuck are they?" I shout to my gunner.

"Fucking building on the left," he shouts back. He is heroically staying up on our .50 cal machinegun. "Can't ID a fucking target."

"Fuck it," I shout. "Light it up. Hit all the windows and doors."

He begins systematically tearing the building to shreds, and I work the radios trying to take control of the situation. I get out of the vehicle too and crouch next to it so I can use my M-4 if necessary. We are still taking heavy fire from the building.

I think I see a muzzle flash from a doorway, and more bullets buzz around me. I duck walk to the back of the vehicle and pull an out an AT-4 rocket launcher. I start getting the rocket ready for launch, but my hands stop working. I can't arm the rocket no matter how hard I try to get my hands to move.
I try to yell something to my gunner, but I can't get any words to come out. I try to force myself to speak, but nothing comes out. I'm making a low gurgling sound. I try harder to say something, and I finally get something to come out...

...I wake up shouting in a cold sweat.

Nightmare #2:

We have broken the ambush, and I have assaulted one of the buildings that we have taken fire from. We find civilian casualties behind the building. Two women. A man. And a little girl. The little girl's body is shattered. We will evacuate her, but she dies in the helicopter. The medics apparently spend almost an hour trying to revive her.

The girl looks up at me with piercing eyes like she has something to tell me. She opens her mouth...

I wake up in a cold sweat.

Nightmare #3:

The phone rings. It's my reserve unit. We're getting sent back to Iraq...

My Homecoming

I've been a Kossack for only a short time, but I think I have a unique perspective. I've seen a lot of talk about Iraq on this site. I keep seeing the phrase "war criminal" over and over, and it hurts me deeply. So, I wrote this diary to give you all some perspective. I am hoping that you understand who you are pointing a finger at, and the emotional impact.

I got back from Iraq last fall. I had been called back to active duty from the reserves right after Sept 11th, and I had been gone more or less ever since. I spent the first year supporting other operations, but I was sent to Kuwait in early 2003 as part of the buildup for Iraq. We crossed the "berm" into Iraq three days behind the main invasion force, and my team moved around throughout the country for the next several months. The ambush that I described above happened towards the end of my deployment. My wounds were superficial, and I now only bear faint scars.

It took us a few days to get home from Iraq. I was only coming back with a few people that I knew. People in my original unit had more or less been farmed out all over to different units and operations. But, our mobilization time had run out. So they sent us back, but I was coming home with only a few guys/gals from my actual unit. We left behind most of the people who we had been in Iraq with. Two days after we left, one of them lost an arm and the use of his leg in another ambush.

We flew back in a big Air Force transport plane filled with soldiers to an Army post in Texas. When we landed, we went into one of the hangars. It was filled with friends and families, and there was even a band. I cannot describe to you how I felt when I got out of that plane. When I saw my wife rushing towards me, I was in the deepest state of bliss that I have ever felt.
I imagine that hangar must be what heaven is like. You are safe and surrounded by people you love and care deeply about. And everyone around you is surrounded by love and joy. And for a brief, fleeting moment there is no pain or fear or doubt. You are home and all is right.

They gave us a couple days off, and my wife and I spent them mostly in bed. She made a lot viagra jokes. After my time off was up she went home, and I stayed at the Army post.

The reservist in my group began out-processing. We filled out a bunch of forms, got the briefings that tell us not the beat our wives when we get back, had a little cheesy ceremony where they played a tape of Lee Greenwood's "Proud to Be an American", and then they let us go home.

I got in my truck, popped in Robert Earl Keen's "The Road Goes on Forever", and drove home across the Texas hill country. All was right with the world. Everything was going to be fine.

I got to the outskirts of the "blue" city where I live, and as I left the suburbs, I started noticing changes. The "we support our troops" signs and American flags gave way to peace symbols and "American For Peace" yard signs. I was dressed in my desert uniform, and I started getting funny looks at stop signs.

When I was in Iraq, I was the token liberal officer. At the time, I believed in what we were doing even though I didn't like President Bush. I thought we were right as a nation despite who our leadership was, and I was angry with the war protesters. But, I would still argue other liberal points of view. One night, a senior officer who was very conservative, but whom I deeply respect told me this: "You know they hate you, don't you? You are a smart talented warrior. You are among the finest of your generation, but they cannot accept that the world needs men like you. They hate you and everything you stand for."

I disagreed with him, but as I drove deeper into "blue" territory; I was beginning to think he was right.

My wife had warned me that I might not be happy with the neighborhood when I got back, and I could see why when I pulled on to my street. There were only two yellow ribbons on display in our neighborhood. One was in front of my house, and the other in front of the Vietnam vet at the end of the block. The rest were a mixed bag of "peace" signs, and each and every one of them felt like a kick in the gut. I had a deep and viscerally angry reaction when I saw them. I believed in what I had done in Iraq, and I was insulted.

The Vietnam vet, who has since moved, was the only one of my neighbors who made an effort to check up on my wife. Everybody else more or less ignored her.

I pulled up to my house, and started unloading my stuff. My wife wasn't home from work yet so I was alone. One of my neighbors, who is a true-believer Nader-type, came up to me in the yard looking like he had something to say.

"Welcome back," he said. "I just want you to know that I don't agree with what you were doing over there." Another kick in the gut.

"Been waiting to say that long?" I asked in a tone that tells him he just fucked up. "The truth is I don't give a shit what you think and why don't you get out of my sight."

I finished unloading my truck and went in the house and fumed. By the time my wife got home, I was on my fourth or fifth beer.

We went out with some friends later that night to celebrate. I was jumpy and felt out of place. It felt like people didn't know how to treat me. I ended up getting very drunk.

My wife had told my neighbors that I was coming home and not to worry if they started seeing a strange man around. The only one of them that came over "welcome" me back was the Vietnam vet. He asked me if I was okay. "I'm fine. Everything is fine." He didn't look like he was buying it. He was right.

Things began to get worse. I had almost sixty days of leave built up, and I didn't want to go back to work. I was tired, and I wanted a break. But, I wasn't getting much sleep because I was used to only getting a few hours a night so I stayed up too late watching too much news and drinking to much beer. I started getting up in the morning and making a pot of coffee. I would guzzle the coffee, get wired, and begin obsessively catching up on the news.

I also began obsessively writing angry emails and letters. The whole time I was in Iraq, I kept a "heap of shit" list of people who had pissed me off. The Dixie Chicks. Susan Serandon. Janine Garafalo. A bunch of reporters. Magazines. Blogs. Everybody got a letter.

I found myself getting angry and impatient all the time, especially to my wife. Nothing moved at the pace I was used to. Everyday life seemed trivial, and I had a tough time connecting with people in my life. I was so angry all the time. I was on edge, and my jaw started hurting because I kept it clenched so much.

I was filled with an impending sense of dread, and the bad dreams began. I started drinking more, but I didn't notice it. I was on vacation damn it. I could have a beer for breakfast if I wanted. I glared at my neighbor every time I saw him.

My wife and I took a trip, and things got better for while. I could finally relax, but things came to a head at Christmas. I grew up in a bitterly divorced household so I more or less hate the holidays anyway. My family was fawning over me giving me more attention than I wanted or deserved. And they were loud. I can't take loud anymore. Loud means bad things are happening.

One of my stupid but well-meaning Jesus-freak relatives gave me a copy of "Chicken soup for the Veteran's Soul". I went ape shit.

"What the fuck did you get this for?" I shouted. "You think I'm weak? You think I need this shit? I'm fine. Everything is fine."

I stormed out. We were out of beer, and I went to look for somewhere that's open so I can pick some up. It was Christmas morning.

After Christmas, I got home from my family's house. My wife found the Chicken soup book in the trashcan, and she scolded me for it.

"You're taking their side?" I shouted. "Fuck this. You're taking their side over me?"

She told me that I'm being an ass. She's not one of my soldiers, and I can't boss her around. She says that I'm treating everyone around me like shit.

"Great," I shouted. "How's this for shit. I hate this house. I hate this neighborhood. I hate this marriage. And I'm beginning to hate you."

I stormed out, and got in my truck. I revved the engine and screeched down the street. I stopped about two blocks away, and sat for a few minutes. I know what I should have done. I should have turned around, and gone back to the house. I should have gone in, embraced her, and apologized. This was the beautiful woman I promised to love and cherish, and I was shitting all over that.

"Fuck it," I decided. "I'm right. She's wrong."

I got out my cell phone and called my buddy. He met me at bar not far from a college campus. I began ranting about how unhappy I was and how I'm going to divorce her. He was shocked because he believed that we have a good marriage. Everyone believed we have a good marriage. In fact, we did, but I was slowly destroying it.

The bar got crowded. My buddy and I are sitting a big table and some college kids asked us if they could join us. Somehow it came up in conversation that I just go back from Iraq. One of the kids, a frat boy, says cool.

"It's about time we started kicking some ass," Frat boy said.

"We?" I asked. My mood darkened, but he didn't notice.

"Yeah, we should kick all their asses."

"You mean me, right? You joining up?"

He was drunk enough to think I was joking.

"You ever shoot anyone over there?" he asked.

"You should never ask anyone that question," I said and thought of the little girl. "You might not like the answer you get."

"Hah! That means you didn't."

I stood up. "Listen here you little motherfucker. I've killed plenty of people, and I'm fixin' to get me one more. I'm going to knock your fucking teeth down the back of your throat, and then I'm going to go to work on you. You're gonna have a couple months in the hospital to think about where you fucked up."

He stood. "Let's go."

My buddy grabs me. "It's not worth it," he pled.

"The hell it isn't," I answered, and I stepped forward. I was going to fuck this kid up. Some evil piece of my mind told me that the cops would side with me. I would get away with it. I looked over to the kid. He was backing away, fear in his eyes.

"Its not worth it," my buddy pled again. I was suddenly aware that everyone was looking at me like I'm a monster. I was one.

I went home, and begged my wife to forgive me. She said that she didn't know if she could. I promised to get help.

The next morning I called the VA. The waiting list for counseling was months long. I have kept civilian insurance from my wife's company so I called them. I wasn't covered. I was still eligible for TRICARE (military HMO) benefits so I called them. They told me to call the VA. I felt like Yosarian in "Catch 22".

So I did what I've done my whole life. I called my grandparents (who I'm diaried about) and asked for help. My grandfather told me to come visit, and I complied. I went to their town alone. I was scared that I had totally fucked up my life.

When I got there we ended up talking for hours. My grandmother had done her homework. She boned up on everything from the bible to Dave Grossman's "On Killing". ) She had battle-tracked the entire war, and saved all my letters and emails. She prayed. I suspect that she has also had a long talk with my wife.

We talked long on into the night, and my granddad and me have a few beers. We both needed them to loosen up. He told me some things about WWII that he's never talked about. I grew up listening to his stories, and he told me that he blames himself for glorifying the military to me. He talks to me about a close friend who survived many, many missions in WWII who got home and hung himself. He told me about some of the bad shit that he had seen and done.

My grandmother was firm with me about how I was treating my wife. I was wrong, and she made me see my behavior for what it was. She died this year. Her life had been filled with many generous and kind acts, and I think her final act of kindness to me was saving my marriage.

I went back home, and my wife and I started going to counseling. It turns out that we were both suffering from post-traumatic stress. Her company had been having lay-offs, she had been running the household completely on her own, and she had been gripped by fear the entire time I was in Iraq. She had even gotten into a confrontation with a clerk in a "hip" store here in town that was displaying some particularly offensive anti-war rhetoric. Our community and the Army reserves did not provide her any support, and she suffered for it.

I went back to work, and tried to immerse myself in staying busy. I went on anti-depressants for a while, and we worked through it. Before I left, I had been working part time on a master's degree. I finished it. I cut down the beer to three a week. I still glared at my neighbor, but fuck him. I'm only willing to mend so many fences. And besides we ended up moving across town into a bigger house so we could start a family. We thought about going back into the active-duty army where we had been part of one big extended family. But, we decided to stay out.

Time passes on. Most of the "we support our troops" signs have been taken down or are faded. Yellow ribbons have become faddish accessories to stick next to your George Bush sticker on your SUV.

I'd like to say that I'm not angry anymore, but it would be a lie. I am deeply pissed off at over 50 million of my fellow countrymen, and despite what John Kerry says, I can't forgive and forget. I don't care about healing. I want a reckoning, and I want my party to deliver.

Time has given me some distance from the war, but Iraq won't go away. I feel like I'm living with a knife at my throat. More and more of my friends and my soldiers get sent over there. A close friend got killed, and the funeral was tough. I began obsessing over Iraq and counter-insurgencies. I got involved in the election. I found DailyKOS, and I started posting. I jump all over anything that has to do with Iraq, and I worry about making an ass out of myself. But, I can't help it. I want my story told.

For me there is no closure. I will probably get called back up. It's only a matter of time. So I can't forget about Iraq or Afghanistan. I have to keep learning. I have to keep my mind in the game, and sometimes my civilian job suffers for it.

As I write this, my wife is in the kitchen making dinner. I am safe and sound at home. I can say I'm "fine" and it's the truth. I'm okay and getting better everyday. But, I will never be the same. I saw something in myself that I am still scared of.

I don't want to go to war again, but I will if I get called back. It's my duty and maybe I'll handle my homecoming better this time. I'm also going to stay in the Army Reserves because those soldiers deserve good leadership that I think I can provide.

I am pessimistic about Iraq, and I think the anti-war movement in this country is going to gain momentum and grow in scale. I'm pessimistic about that too. I've seen some heated rhetoric on this site, and out there in the liberal bloodstream. Hatred for Bush has pushed some of our ideology into the extreme, and I think it's going to get worse. The reaction to the Vietnam anti-war movement and the 60's pushed this country far to the right, and we all suffer for it. I think we should be extremely cautious in how we approach this problem. If there is to be an anti-war movement, it should be Middle Americans doing it and not the anti-everything protest crowd. They will only push more people away from us.

I know many soldiers who have gone through more or less the same thing that I did, and our government and society don't do enough to understand or help.

Here are some of my suggestions as to what you can do:

Avoid Chicken Soup books.

If you know of meet someone who has been in the war, please don't confront them with your politics unless they open the discussion. You will only piss them off and you could be in danger. The nicest thing to do is welcome them home and leave it at that.

If you are close to someone who has just returned, do not be surprised if things are not perfect. Do your best to understand what they went through. Shelter your loved one from reality for a while. If you have been paying the bills, mowing the yard, and generally doing all the work, do it for a little while longer. They need time to decompress.

Be a good listener if you are close to someone who has been in the war. Do research into the signs of deteriorating mental health.

If you are a benefits manager or in human resources at a corporation, insure that veterans are covered for counseling.

If you are a mental health professional, look for a way to volunteer time to veterans.

Write your congressman and demand more mental health benefits for veterans.

If you care about the war, I think you should care about the warriors. You don't have to support the war to be decent to those who fought it. Some of them have done some really bad stuff, most of us haven't. We didn't create this mess. So I would encourage you to be careful with the "war criminal" label. Think of it as the ultimate "super troll" rating and save it for special occasions.

What Goes Around Comes Around

Colleges Can Bar Army Recruiters, by Adam Liptak in the NYT:
"Universities may bar military recruiters from their campuses without risking the loss of federal money, a federal appeals court ruled yesterday. A three-judge panel of the United States Court of Appeals for the Third Circuit, in Philadelphia, found that educational institutions have a First Amendment right to keep military recruiters off their campuses to protest the Defense Department policy of excluding gays from military service.

The 2-to-1 decision relied in large part on a decision in 2000 by the United States Supreme Court to allow the Boy Scouts to exclude gay scoutmasters. Just as the Scouts have a First Amendment right to bar gays, the appeals court said, law schools may prohibit groups that they consider discriminatory. ...

The appeals court said the law violated First Amendment rights of the schools in two ways. First, Judge Thomas L. Ambro wrote, the schools are entitled not to associate with groups whose policies they oppose. "Just as the Boy Scouts believed that homosexual conduct is inconsistent with the Scout Oath," Judge Ambro wrote, "the law schools believe that employment discrimination is inconsistent with their commitment to fairness and justice." Second, Judge Ambro said, the presence of military recruiters on campus forced universities to convey a message with which they disagreed. That is, he said, a form of compelled speech prohibited by the First Amendment." ....

And the homophobia of the Boy Scouts made it all possible. Had the Boy Scouts not convinced the Supreme Court that they were constitutionally permitted to be homophobic and still receive support from the government, the law schools would have had a much harder time convincing the court they had a right to bar military recruiters!

Raucous Song Parody

Parody of the Beatie Boys' "No Sleep 'til Brooklyn" here. It is called "No Sleep 'til Whitehouse" and has a strongly political bent. It contains a fair amount of vulgarity, so it is not really "work safe," unless you work at home!

The Future of Media?

One dystopic prediction about the future of news media, EPIC 2014, is here, produced by the "Museum of Media History."

What Would Jesus Do At Harvard?

"Liberation theology, which originated among Catholic theologians in the wake of the Second Vatican Council, held that Christians should take their lead not from church doctrine or hierarchy but from the example of Jesus, especially with respect to his identification with the poor and outcast."

What would Jesus do at Harvard?
By Naomi Schaefer Riley | November 28, 2004

WALKING OUT OF Harvard's Divinity Hall on a recent afternoon, Harvey Cox's mood does not seem affected by the cold, damp weather or the deafening sounds of nearby construction. All the way back to his office, he's happily singing the much-covered reggae song "By the Rivers of Babylon." The lyrics, of course, are not entirely original. They're adapted from Psalm 137, and Cox, one of the country's most prominent theologians, has just used them in his graduate seminar on Jerusalem to demonstrate how the exiling of the Jews from the city in 587 BC echoes today as far as Rastafarian culture. The theme of exile is reiterated as Cox plays to his class the solemn Latin chants from the Maundy Thursday service, in which Catholics commemorate the Last Supper, and has students read responsively from the book of Lamentations, which Jews chant on the holiday Tisha B'Av to mourn the destruction of the Temple. By the end of two hours, a student could be forgiven for wondering if he's studying religion or practicing it.

Indeed, Cox has spent his four-decade-long academic career negotiating such delicate boundaries: between scholarship and political activism, between the commitments of faith and the norms of a secular university, between the rational study of religion and an experiential understanding of it. On that last question, Cox is adamant. "Frankly," he tells me in his office atop the main divinity school building, "I think to teach religion and the ethical significance of religious traditions and pretend that it doesn't have emotional, spiritual, and symbolic elements, is to falsify it. It's simplifying unduly what religious traditions are about.

"Of course, conveying a sense of the experience of religion in a graduate divinity school seminar is one thing. Doing it for a mixed group of undergraduates within a secular liberal-arts curriculum is quite another. But through his course "Jesus and the Moral Life," Cox brought his vision of Christianity to students of all faiths and no faith, and some with no interest in faith -- and the students it seems, couldn't get enough. For 15 years, Cox attempted to teach students how to use the Bible and texts inspired by it in order to wrestle both intellectually and emotionally with problems ranging from poverty and racial injustice to abortion, the allocation of health care, and the termination of life support.

Cox's course -- described in his new book "When Jesus Came to Harvard: Making Moral Choices Today" (Houghton Mifflin) -- was consistently ranked one of the most popular on campus, often enrolling more than a thousand students a semester. But more than simply helping a generation of Harvard students find a moral path (or fulfill a graduation requirement), "Jesus and the Moral Life" was Cox's attempt to answer some of the most pressing questions facing American society today: How do you talk about religion in a pluralistic society with a strong Christian and a strong secularist tradition? And how can people come together to explore and derive guidance from a religious tradition they might not share?

When Cox was approached in 1981 by some of his fellow professors about teaching a class based on Jesus in the newly founded "moral reasoning" section of Harvard's core curriculum, he balked. "I had my doubts about the idea," he writes in his new book. "I wasn't sure that morality was something one could teach in the classroom." Cox worried that the moral reasoning courses -- charged with teaching students to "discuss significant and recurrent questions of choice and value that arise in human experience" -- might produce students who "could debate moral dilemmas with flair and proficiency but who lacked any moral conviction about them." In the end, though, Cox relented. His became the first Harvard course with the word "Jesus" in the title since George Santayana taught one in the early decades of the 20th century.

Cox was no stranger to the idea that religion could be a powerfully transformative force. Raised in a small Pennsylvania town in the Baptist tradition, which he describes as "very oriented toward the life and teachings of Jesus," Cox graduated from the University of Pennsylvania and then Yale Divinity School. (He was also ordained a Baptist minister in 1956.) In 1962, shortly after receiving his doctorate in the history and philosophy of religion from Harvard, he served for a year as an "ecumenical fraternal worker" in Berlin, traveling almost daily across the divided city to maintain contact between the two sides. Back in the states he was one of the founders of the Boston chapter of the Southern Christian Leadership Conference under Martin Luther King Jr., a relationship he calls "the single most influential" one in his life.

In 1964, Cox published "The Secular City," which argued that the growing secularization of Western society represented not a threat to religion but an opportunity, freeing divine presence from institutional confines and loosing it on the messy, complex, pluralistic real world. The book became a surprise bestseller -- within a few years it had sold almost a million copies around the world and was translated into 14 languages -- and provoked heated debate in theological circles and beyond. But perhaps its most fateful ripples were felt in Latin America, where a Spanish translation was debated and built upon by the exponents of the nascent "liberation theology" movement.

Liberation theology, which originated among Catholic theologians in the wake of the Second Vatican Council, held that Christians should take their lead not from church doctrine or hierarchy but from the example of Jesus, especially with respect to his identification with the poor and outcast. God, according to a famous statement issued by the conference of Latin American bishops in 1968, had a "preferential option for the poor," and it was the duty of clergy to work not just for the salvation of the poor but for the betterment of their life on earth through political and economic justice movements. (In practice, this sometimes meant support for Marxist revolutionaries, which in part led Pope John Paul II to later rebuke the advocates of liberation theology.)

Cox does not claim credit for liberation theology or any of the other liberal lay movements that have swept the globe in the past four decades. Yet as he wrote in 1990, "I like to think that `The Secular City' helped create the climate that forced church leaders and theologians to come down from their balconies and out of their studies and talk seriously with the ordinary people who constitute 99 percent of the churches of the world.

"The students in "Jesus and the Moral Life" did not read much liberation theology per se, but the syllabus reflected Cox's longtime focus on Jesus as a living force that moves in an ever-changing world. (Not that the course was apolitical: "As a Samaritan, you are asked to join a newly organized Judeo-Samaritan Liberation Front to seek to overthrow . . . Roman rule over Palestine," began one essay question.) Among the central ideas of "Jesus and the Moral Life" are that Jesus was a storyteller, and that the great power of his moral lessons comes at least in part from the way in which they are told.

Cox is hardly the type to wear one of those "WWJD" bracelets that were popular a few years ago. And he worries that people who ask "What Would Jesus Do?" sometimes come up with "downright silly" answers. (He's particularly critical of fundamentalists who try to simply translate the words of the New Testament into literal lessons for modern life.) But he doesn't think the question itself is absurd. To respond today, though, he writes, "requires a huge step beyond the parameters of most biblical scholarship and ethical theory. It requires a leap into situations Jesus never faced: a leap of imagination. . . ."

According to former students contacted through an alumni list-serv, Cox's class served two main purposes beyond a chance to fulfill the moral-reasoning requirement. For believing Christians, the class demanded that they approach their faith in a more critical and intellectual way. And for curious non-Christians, it gave them a way to approach the subject of Jesus and Christianity without having to attend a religious service or a church-sponsored class.

Some enrolled in the course for other than purely educational reasons. Matthew Florence, who grew up in what he describes as a "Christian fundamentalist home" in rural Tennessee, says he was encouraged to enroll his sophomore year by other members of the Harvard Christian Fellowship, an evangelical student group. "It was part of our effort to counteract the course's supposed liberal biases," he explained in a recent interview. (Cox says he was unaware of this campaign and the other students seemed mostly oblivious to their professor's reputation outside the classroom.)

But in Florence's case, the plan backfired. Florence, who graduated in 1989 and is now living in the Bay Area doing nonprofit work with AIDS patients, remembers that before he took the class, "I thought the written word of God was infallible." It was in Cox's lectures that he first learned that the Gospels give varying accounts of the same events, and that some of them were written decades after Jesus lived. Florence eventually broke with the HCF and helped to form the Seymour Society, a discussion and social service group headed by Rev. Eugene Rivers (founder of Boston's Ten Point Coalition), that, according to Florence, "combined a very liberal social-justice theology with conservative moral theology."

Cox emphasizes that he did not want to teach the class "like an expos." If anything, he wanted to give believers a chance to broaden and deepen their faith. "I find it pathetic that a lot of people have sophisticated notions about poetic theory or biology, but when they talk about religion they are still in 7th-grade Sunday school class," he says. But this wasn't an easy task. "How do you help students move beyond an adolescent conception of their own tradition without feeling they have to kick it?" he asks.

Will Meyerhofer, who is Jewish, says that he opted for taking "Jesus and the Moral Life" because he thought it would be untaxing compared with the other moral-reasoning course offered that semester, on German philosophy. (More than one student I interviewed cited the course's nickname, "Jesus and the Easy Life.") Meyerhofer, who graduated in 1989 and is now a psychotherapist in New York, also says he was curious about the New Testament. "I wanted to know what the excitement was about," he says. "This class gave me a sneaky excuse to read it." Meyerhofer remembers being particularly struck to learn that the Last Supper was a Passover Seder. "I remember being a little stunned. These were Jews, this was a Jewish thing."

To Cox, the Jewishness of Jesus is absolutely central. "Some people interpret Christianity as being a sharp break from the Jewish heritage," says Cox. "This is not the way I approach it. The more we study late Judaism and early Christianity and the more things we discover like the Dead Sea Scrolls and the Gnostic texts, [the more it] underlines the continuity." Indeed, his own household exemplifies that continuity. His wife, who teaches Russian history at Wellesley, is Jewish, and they are raising a Jewish child, something he describes in his 2001 book "Common Prayers."

"Personally," Cox says, "my going to Torah studies at synagogue or participating in Yom Kippur or a Sabbath meal helps me at a deep emotional and spiritual level to appreciate Jesus more."

Cox's former students might be surprised by how he's changed since they took the course. He's still got the look of the "kindly priest" that Meyerhofer remembers. But he doesn't seem the firebrand he once was. For one thing, the religious and political landscape around him has changed. The countries where Cox was fighting for political change, he acknowledges, are now democracies in one form or another. And the central message of liberation theology -- that God has a preferential option for the poor -- Cox says, has become mainstream, even in evangelical circles. Even his liturgical tastes -- he's been attending an Episcopal church rather than his usual Baptist one -- are also getting more conservative. He acknowledges feeling comfortable with more formal liturgies and even the pronounced presence of a church hierarchy.

While he did take the bullhorn in the recent student-led living-wage campaign at Harvard, Cox no longer thinks students should become activists during college. Over the course of teaching "Jesus and the Moral Life," Cox came to believe that "a lot of the important battles are going on in the battle of ideas," he says. "The fact is that you are going to have other opportunities to join the picket line, but you're not going to have quite the leisure and the stimulation to think systematically about these issues."

But after an election season marked by sharp polarization over "moral values" and the role of religion in politics, Cox's activism may be called for once again. "The evangelical conservatives have a point," he says. "There is something missing in the public discourse about policies and values and moral choices and so on. . .." But he's wary of any approach that boils morality down to "hot-button issues, like abortion or stem cell research, which obscure the larger issues of war and peace and poverty" that Jesus addressed. Cox worries, though, that progressives "haven't thoughtfully related their position on issues like poverty to a larger moral tradition, possibly a religiously informed moral tradition, in a way that's plausible to people."

Cox says that if he were to offer "Jesus and the Moral Life" today, he would still teach it the same way. But he does think students' reactions would be different. For example, if he were to invite students to join in with a recording of Handel's `Hallelujah Chorus,' as he once did, he wouldn't be surprised if some complained. Today, he says, "nobody quite knows where the line of separation between church and state or education and indoctrination is."

We Continue to Torture People

Despite being SHOCKED by the torture at Abu Graib, the United States military continues to torture detainees at Guantanamo.

From The New York Times:

Red Cross Finds Detainee Abuse in Guantánamo By NEIL A. LEWIS

WASHINGTON, Nov. 29 - The International Committee of the Red Cross has charged in confidential reports to the United States government that the American military has intentionally used psychological and sometimes physical coercion "tantamount to torture" on prisoners at Guantánamo Bay, Cuba.

The finding that the handling of prisoners detained and interrogated at Guantánamo amounted to torture came after a visit by a Red Cross inspection team that spent most of last June in Guantánamo.

The team of humanitarian workers, which included experienced medical personnel, also asserted that some doctors and other medical workers at Guantánamo were participating in planning for interrogations, in what the report called "a flagrant violation of medical ethics."

Doctors and medical personnel conveyed information about prisoners' mental health and vulnerabilities to interrogators, the report said, sometimes directly, but usually through a group called the Behavioral Science Consultation Team, or B.S.C.T. The team, known informally as Biscuit, is composed of psychologists and psychological workers who advise the interrogators, the report said.

The United States government, which received the report in July, sharply rejected its charges, administration and military officials said.

EFF to fight threat to Blogspeech

explains how libel law continues to mess with Web expression.

Ukraine as Inspiration

Jamie Galbraith writes in Salon.com:


Democracy inaction
If  U.S. officials who are complaining about election fraud in Ukraine applied the same standards in Ohio, then our own presidential election certainly was stolen.
...

But if the Ukraine standard were applied in Ohio -- as it should be -- then the late lamented U.S. election certainly was stolen. In Ohio, the secretary of state in charge of the elections process was co-chairman of the Bush campaign in the state. He obstructed the vote count systematically -- for instance, by demanding that provisional ballots without birth dates on their envelopes be thrown out, even though there is no requirement for that in state law. He also required that provisional ballots be cast in a voter's home precinct, ensuring that there would be no escape from long lines. Republicans fielded thousands of election challengers to Democratic precincts, mainly to try to intimidate black voters and to slow down the voting process. A recount, demanded and paid for by the Green and Libertarian parties, has been stalled in court, so that it won't possibly upset the certification of Ohio's electoral votes.

In Franklin County, Ohio, there was rampant abuse, with voting machines added in Republican precincts and taken away in Democratic ones, as documented by the Columbus Dispatch. The result was a crippling pileup at the polls; many thousands did not vote because they simply could not afford to wait. I witnessed this with my own eyes. And Sen. Lugar could have, too, for much less than the price of airfare to Kiev. ...

November 29, 2004

Pentagon Figures Out Muslims Do Not "Hate Our Freedoms"

A Pentagon report accessible here concludes:

'Muslims do not hate our freedom, but rather they hate our policies. The overwhelming majority voice their objections to what they see as one-sided support in favor of Israel and against Palestinian rights, and the long-standing, even increasing, support for what Muslims collectively see as tyrannies, most notably Egypt, Saudi Arabia, Jordan, Pakistan and the Gulf states. Thus, when American public diplomacy talks about bringing democracy to Islamic societies, this is seen as no more than self-serving hypocrisy.'

The NYT describes the report here. The Christian Science Monitor weighs in here.

Smile for Your Passport Photo and the Terrorists Win

From Salon.com:

Nov. 29, 2004 | PITTSBURGH (AP) -- Imagine being denied a passport for, of all things, your teeth. It could happen, but not because they're crooked. Under new rules for visa photographs that began this summer, the State Department doesn't want to see them at all, according to a story published in Sunday's Pittsburgh-Post Gazette.

The new guidelines permit people to smile for passport and visa pictures but frown on toothy smiles, which apparently are classified as unusual or unnatural expressions. "The subject's expression should be neutral (non-smiling) with both eyes open, and mouth closed. A smile with a closed jaw is allowed but is not preferred," according to the guidelines.

So why does the State Department frown on smiles? Smiling "distorts other facial features, for example your eyes, so you're supposed to have a neutral expression... The most neutral face is the most desirable standard for any type of identification," said Angela Aggeler, spokeswoman for the State Department's Bureau of Consular Affairs, which handles travel-document guidelines.

A photograph of a person's face is considered the international standard for a "biometric" or physical identifier by the International Civil Aviation Organization, a United Nations agency that sets international aviation safety standards. Last year, the organization announced standards for machine-readable passports which would include physical characteristics that computers could use to confirm people's identities.

"To allow for best possible comparison, if you smile or blink your eyes or turn your head, there would be fewer comparison points. So when you go to the counter, you will look at the camera in neutral face to offer the best comparison to the matching points on the picture in the passport," said Denis Chagnon, a spokesman for the International Civil Aviation Organization in Montreal.

Some photo shops and even immigration attorneys say they were blindsided by the prohibition against flashing pearly whites.

Mark Knapp, an immigration attorney with Reed Smith in Pittsburgh, said he knew about some of the other new guidelines for photographs but not the no-teeth rule. Knapp said he learned about the new guidelines from a colleague whose client's photo was rejected because of a toothy smile.

"You can't make this stuff up, honestly," Knapp said.

"What is interesting is the idea that you can't smile anymore and that they're rejecting photos. The idea that you can't smile is what most immigration lawyers find absurd," Knapp said.

Janet Stewart, who works at a downtown Pittsburgh photo shop, said she learned about the guideline the first day it went into effect because she had a photograph rejected.

"I'm the only photographer that says, 'Don't smile,'" she said.

The Napsterization of Lynne Cheney

When it became politically beneficial to pose as a paragon of morality, "Second Lady" Lynne Cheney distanced herself from her novel "Sisters." If you'd like to see why, click here, where "Mrs. Tarquin Biscuitbarrel" has posted every steamy chapter. Thanks to Rittenhouse Review for bringing this, um, masterpiece (mistresspiece?) to the world's attention.

November 28, 2004

Republican Jesus

From the hilarious Jesus' General:
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The Catholic Guild on Communism

"Treasure Chest was a monthly comic book published by the Catholic Guild from 1946 to 1972. Each issue featured several different stories intended to inspire citizenship, morality, and patriotism." Read the series about "Godless Communism" courtesy of the Authentic History Center here. The second page is an endorsement by J. Edgar Hoover. The Communists move the nation's Capital to Chicago for some reason at page 5, and "lawyers are no longer needed" by page 6.

November 27, 2004

There is a Time and a Place for Inappropriate Humor

I like it when judges have a sense of humor, but inserting jokes into a judicial opinion is bad form. A recent example of such "cleverness," reported here and here, comes from Judge Roberto Gigante, in the case of Dr. Gil Lederman, the physician who allegedly asked former Beatle George Harrison to autograph a guitar for his son while Harrison was dying and bedridden. Gigante agreed to give Lederman a requested change of venue, writing:

"Something in the folks he treats
Attracts bad press like no other doctor
He's in our jurisdiction now
He gets Beatle autographs somehow
And all I have to do is move this trial
Somewhere they don't know George Harrison
If this case I were to keep
Defendant would gently weep."

Atrios on Kristof

Atrios' Eschaton has a very astute critique of today's Nicholas Kristof column in the NYT which begins: "Iraqis are paying a horrendous price for the good intentions of well-meaning conservatives who wanted to liberate them. And now some well-meaning American liberals are seeking a troop withdrawal that would make matters even worse."

Here is Atrios:

Poor Kristof. There are always these well-meaning liberals doing and saying things he doesn't like. Frequently they're unnamed. Now, it is true of course that there are perhaps some well-meaning liberals who are calling for a troop withdrawal. There are also probably some well-meaning conservatives calling for the same. And, there are also some batshit crazy conservatives who got us into this mess in the first place who still actually have some power and influence over our foreign policy who are... calling for a troop withdrawal.

Now, if you had a column in the Times which would you write about? Unnamed, unspecified "well-meaning liberals" who, as always seems to be the case, are causing serious death and suffering according to Kristof. Or, you know, the people actually responsible.

November 26, 2004

Banana Guard

banana.jpg
Are you fed up with bringing bananas to work or school only to find them bruised and squashed? Our unique, patented device allows for the safe transport and storage of individual bananas letting you enjoy perfect bananas anytime, anywhere.

The Banana Guard was specially designed to fit the vast majority of bananas. Its other features include multiple small perforations to facilitate ventilation thereby preventing premature ripening and a sturdy locking mechanism to keep the Banana Guard closed. The Banana Guard is of course dishwasher safe for easy cleaning.

Frequently Asked Questions
Q: "Not all bananas are the same size or shape, so how can the Banana Guard fit them all?"
A: The Banana Guard was specially designed to accommodate the majority of banana sizes. Our testing indicates that over 90% of commercially available bananas will fit into the Banana Guard. Highly curved bananas can be straightened ever-so-slightly without harm to fit the Banana Guard shape. The opposite holds true of very straight bananas....

Q: "How can I clean it?"
A: The Banana Guard is made of a polypropylene plastic that can be safely placed in a dishwasher....

Q: "Is there a battery attachment?"
A: No. The Banana Guard was designed for its intended purpose only as a device to prevent banana trauma during transport.

Wayne Madsen's Article About the Rigging of the Election

Yes I know, wacky conspiracy theories, sore losers, blah blah blah, but just for fun, read it!

Online Journal link here:

November 25, 2004—According to informed sources in Washington and Houston, the Bush campaign spent some $29 million to pay polling place operatives around the country to rig the election for Bush. The operatives were posing as Homeland Security and FBI agents but were actually technicians familiar with Diebold, Sequoia, ES&S, Triad, Unilect, and Danaher Controls voting machines. These technicians reportedly hacked the systems to skew the results in favor of Bush.

The leak about the money and the rigged election apparently came from technicians who were promised to be paid a certain amount for their work but the Bush campaign interlocutors reneged and some of the technicians are revealing the nature of the vote rigging program.

There have been media reports from around the country concerning the locking down of precincts while votes were being tallied. In one unprecedented action in Warren County, Ohio, election officials locked down the facility where votes were being counted. The officials said this was in response to a Level 10 high-threat terrorist warning being issued by the Department of Homeland Security and the FBI for Warren County. George Bush won 72 percent of the vote in Warren County, much larger than his percentage of victory statewide.

The money to rig the election in favor of Bush reportedly came from an entity called Five Star Trust, largely based in Houston but a worldwide entity that is directly tied to the Saudi Royal Family. Five Star Trust was termed "a well-protected vehicle" that has been used to support both Bush and Osama bin Laden in the US and around the world.

Other money used to fund the election rigging was from siphoned Enron money stored away in accounts in the Cook Islands, which was once the base of one of the more questionable and Saudi-linked BCCI subsidiaries. Cook Islands banks also handled some of the weapons smuggling financing of the Iran-Contra scandal. A former Justice Department attorney who helped prosecute the BCCI case said the use of the Cook Islands by the Bush reelection team indicates they wanted the bank arrangements to be a "quick folding tent" operation that would cease to exist when the election was over. He said the Cook Islands was notorious for not requiring any documentation for such operations.

In fact, the Cook Islands has been a favorite location for various covert intelligence activities. This most recent use of the islands is a continuation of a scandal discovered in New Zealand in the early '90s called the "Winebox Affair." In 1992, a computer dealer named Paul White bought some secondhand computers and floppy disks from the Citibank office in Auckland, New Zealand, that had earlier sold them to a scrap dealer.

White later discovered the floppies (and 10 paper files) detailed a scheme to use the European Pacific Bank in the Cook Islands to bilk foreign governments and banks for a phony 15 percent tax bill assessed on various transactions by the Cook Islands government (at the time run by Tom Davis, a former US Army and NASA research scientist who was allegedly on the payroll of the CIA). European Pacific reaped millions of illegal dollars from the New Zealand Treasury and a number of Japanese banks, including Mitsubishi Bank. Paul White later died in a suspicious auto accident.

As detailed in the book "The Paradise Conspiracy" by New Zealand journalist Ian Wishart, the Cook Islands scheme also involved several CIA operatives, including Lawrence John Fahey, who had an interest in InterAir of Nevada, one of the airlines used by Ollie North to funnel arms to Iran. It also involved William Raupe, a CIA officer stationed under cover as a USAID employee at the US embassy in Suva. Raupe had once worked for Air America in South East Asia. Another CIA agent active in the Cooks was Robert C. Allen, known to New Zealand authorities as a US agent who was formerly with the CIA proprietary firm Bishop, Baldwin, Dillingham, Wong Ltd. In addition, along with the late former Treasury Secretary William Simon, Gerald Parsky was also involved in the European Pacific Bank's Cook Islands operations. Parsky is George W. Bush's chief fundraiser and adviser in California (he led Bush's 2000 California campaign) and supported Simon's son's unsuccessful bid for the governorship of California against Gray Davis and then again in the recall of Davis. Enron was involved early on with Arnold Schwarzenegger at a meeting in 2001 at the Beverly Hills Hotel at the same time Enron was bilking California utility customers with increases as high as 1000 percent This scheme eventually led to Davis's recall and his replacement by Schwarzenegger.

The Cook Islands-Citibank-European Pacific fraud appeared to have been cooked up to take the place of other "outed" CIA banking activities, including Nugan Hand Bank in Australia. European Pacific also involved assets of BCCI, in particular the Commercial Bank of Commerce in Rarotonga, Cook Islands, a BCCI subsidiary. MIchael Hand, a former Green Beret who reportedly served with Deputy Secretary of State Richard Armitage in Laos (and whose partner, Frank Nugan, was found shot to death in 1980 in Australia) later turned up associated with Euromac (European Manufacturing Center) Ltd., a British company that tried to sell nuclear trigger krytrons to Saddam Hussein before the first Gulf War. Nugan Hand's chief counsel, William Colby, a former CIA Director, was found floating in the Chesapeake in 1996.

The sale of nuclear material to Iraq was funded through Saudi operations in Houston, including those associated with George H. W. Bush, George W. Bush, James R. Bath, and Saudis Abdullah Taha Baksh, and Kamal Adham, as well as Lebanese businessman Ghaith Pharaon (who was also involved in the collapse of Miami's CenTrust S&L, a bank that had ties to Jeb Bush). This gang, along with Salem Bin Laden, the older brother of Osama, funneled over $1 million into failed Bush ventures, including Arbusto, Spectrum 7, and Harken Energy. Some of the Saudi money also financed Enron Oil and Gas Resources (later EOG Resources) in the Belspec Fusselman Field in Midland, Texas, a deal in which George W. Bush had a financial stake. In fact, Saudi planes in the 1980s landed in Houston with mountains of cash used to buy nuclear material for Saddam to possibly use against the Iranians. The money was laundered through Houston's Main Bank, a bank close to the Bush family. Skyway Aircraft of Houston, owned by Bath, was invested in by Abu Dhabi's ruler (the main owner of BCCI) and whose parent company in the Cayman Islands was used by Ollie North to collect foreign money for his Iran-contra enterprise.

Another person involved in the Cook Islands bank defrauding scheme was a Lebanese-American named Samir Bashout (alias Dr. Khalaf B. Bashout) who set up Midland International Bank and Trust Ltd in the Cook Islands with no real capital. Bashout's Midland had nothing to do with Midland Bank of the UK but may have been named for Midland, Texas, of George W. Bush fame. Bashout was later convicted of beating his wife in Rancho Park, Calif., amid a nasty divorce. She claimed he secreted away much of his money. Bashout's Metro Bank (Philippines) account in Los Angeles was found to contain only $10,000, not the $10 million he claimed to Cook Islands' authorities. US Treasury agent John Shockey alerted the Cook Islands internal auditor to Bashout's repeated attempts to bounce a check for $5 million. In January 2002, Hamilton Bank failed after it lost $500 million due to loan scandals and money laundering charges. The recipient of a $5.5 million loan was Metro Bank International, headquartered in Vanuatu, an offshore banking location similar to the Cook Islands. Metro Bank was thought to contain some of the billions of dollars laundered by the CIA and the Cook Islands International Trust Corp. on behalf of Ferdinand Marcos. Marcos's CIA intermediaries in the Cooks were Eldon William Morris, James Centers, and Dante Dominigo Agdeppa. Morris was under investigation by the Queensland Special Branch and the FBI in Hawaii and California.

Bashout was also involved in the defunct World Arabic Television News (WATN), an Arabic television network that attracted the attention of the Houston-based Arab Times newspaper as not delivering on its promises and defrauding investors.

Wayne Madsen is a Washington, DC-based investigative reporter. He was also the Operations Officer at Naval Facility Coos Head, Oregon from 1980 to 1982 and assisted the FBI and NIS in the investigation as a temporary special agent.

Which Corporations Donate Large Sums to the GOP?

Lots of facts and figures here. Very depressing, I expected as much from Wal-Mart and K Mart but I had higher hopes for Target...

November 25, 2004

Declaration of Independence Not Banned, Duh...

From The Blue Lemur:

Declaration Of Independence banned!

The seemingly preposterous headline made major waves on the conservative Drudge Report and Fox News network Wednesday, joining Reuters and the Associated Press, in a misleading story that exhibited serious reportorial negligence, RAW STORY has learned.

The story, which reports that a California teacher has been banned from giving students documents from American history that refer to God, including the Declaration of Independence, is said a product of right-wing spin.

In fact, Cupertino public school principal Patricia Vidmar banned documents relating to God because the teacher had been forcing students to listen to what some felt was Christian propaganda, a media watchdog site reports. According to the site, the school had told him to stop but he did not comply, at which point the principal required that he submit his lesson plans to her in advance.

The teacher, Steven Williams, sued for discrimination and is now being represented by a conservative Christian legal group, Alliance Defense Fund.

Alliance Defense Fund boasts of other legal “successes,” including the right of Boy Scouts to refuse gays from ascending to leadership positions.

According to People for the American Way, a watchdog group, ADF was founded by 30 Christian ministries to serve as a counterbalance to the American Civil Liberties Union.

The organization defends the right of Christians to “share the gospel” in workplaces and public schools, asserting that efforts to curb such speech at work and schools are “anti-Christian.”

None of the major news agencies reporting on the story included quotations from the school or the principal, stating that a spokesman had referred them to a staff attorney. The articles suggest they did little research beyond the statements provided by William’s attorneys.

Reuters included scant information about the group who sued on Williams behalf, saying only that the group advocates “religious freedom.”

A media watch site, Seeing the Forest, first caught the story Wednesday evening.

“The school did not ‘ban the Declaration of Independence’ – that is just a lie,” Editor Dave Johnson, who is a fellow at the Commonweal Institute, wrote. “This story is like when you hear that a man was ‘arrested for praying’ and you find out he was kneeling in the middle of a busy intersection at rush hour and refused to move.”

California’s Education Code does allow “references to religion or references to or the use of religious literature … when such references or uses do not constitute instruction in religious principles … and when such references or uses are incidental to or illustrative of matters properly included in the course of study,” as William’s lawyers have pointed out.

It does not, however, allow for forced religious dogma in public schools.

Thanksgiving Terror Threat Level: Yellow

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Dialect Survey

Geographical maps reflecting numeric results of dialect survey here. For example, what is the distinction between dinner and supper? It's mapped out here. The point of the enterprise? "The Dialect Survey uses a series of questions, including rhyming word pairs and vocabulary words, to explore words and sounds in the English language. There are no right or wrong answers; by answering each question with what you really say and not what you think is "right", you can help contribute to an accurate picture of how English is used in your community." Noticed it at Daily Kos.

November 24, 2004

Giving Thanks

Thanksgiving is a great day to be a sentimental mushball. I give thanks for my wonderful family and friends, for good books, and movies, and art, and blogs, and a job I really truly love most of the time. Y'all might be surprised at how bright, energetic and kind-hearted my students are, by and large. And one more quick appreciative nod to John Kerry and John Edwards, two very special and courageous people. And thanks to Siva, already covered under "friends," but now specific thanks for allowing me to join this enterprise.

Disturbing

Gunning for funds at school


Parents group raffling off 2 rifles to raise money for some new fencing

Associated Press

LAMPASAS - Hoping to raise enough money to fence in a portion of a school in this Hill Country town, a local group is holding a raffle featuring a deer rifle.

"We're moms using guns as tools to protect our kids," said Marta Ellison, a member of the Hanna Springs Intermediate School parent-teacher-student organization and part of the trio that put the raffle together. They're trying to raise nearly $15,000.

"Bake sales are a thing of the past," she said. ...

Thanks to Michael Thomas in Houston.

Internet Filtering in Saudi Arabia

Results of an Open Net Initiative study here (thanks to Abu Aardvark). Here is the summary:

The Kingdom of Saudi Arabia controls the information its citizens can readily access on the World Wide Web through a sophisticated filtering system that draws upon commercial software from the United States (Secure Computing's SmartFilter) for technical implementation and site blocking suggestions, expert local staff for operations and additional site identification, and Saudi citizen input to suggest over- or under-blocking according to stated filtering criteria. The OpenNet Initiative (ONI) has tested filtering in Saudi Arabia over a three-year period. We found that the Kingdom's filtering focuses on a few types of content: pornography (98% of these sites tested blocked in our research), drugs (86%), gambling (93%), religious conversion, and sites with tools to circumvent filters (41%). In contrast, Saudi Arabia shows less interest in sites on gay and lesbian issues (11%), politics (3%), Israel (2%), religion (less than 1%), and alcohol (only 1 site). Unlike filtering in states such as China, the policies, procedures, and philosophy for Saudi Arabia's filtering system are relatively transparent and documented on the Web site of its Internet Services Unit (ISU). Users who try to access forbidden sites see a Web page informing them that the site is prohibited. Despite this openness about filtering, the system inevitably errs, resulting in overblocking of unrelated content.

Science Textbook Disclaimer Stickers

This link courtesy of faithful Sivacracy reader and commenter Jardinero1. You can buy apparel bearing the "Evolution Disclaimer" stickers adopted by the Cobb County, Georgia, School District here.

What Part of Thanksgiving Are You?

Silly holiday quiz with not so subtle subtext of promoting Jones Soda here.

November 23, 2004

Friends of Lulu

Friends of Lulu "is a national nonprofit organization whose purpose is to promote and encourage female readership and participation in the comic book industry." One FOL project is BROAD APPEAL, "an anthology of illustrated stories that engagingly showcase the diversity of female artsists writing and drawing comics today. From Dramatic mystery and humorous fantasy to insightful narratives, this unique, spirited collection offers something for everyone."

Fuzzy Dayglo Velvet Jesus Bank

fuzzy.jpg

Also, Bobble-Head Jesus! Mother of God Air Freshener! Sweet Jesus Candy For Christians Psychedelic Crucifix Pops! Christian Panties! Nativity Fridge Magnets! Buy them all here, where the motto is "What A Trend We Have In Jesus."

Irish Accent Mouth Spray

Minty! Sheep sold separately. Buy some here. Link from Pen-Elayne.

"They Don't Get It" Addendum

We learn today from Ezra Klein at Pandagon that comparing citation numbers with competitors is "interblog dick-measuring" (see "We Beat Lileks" posting). We also learn from his citation source that Pandagon got cited less than both Wonkette and Michelle Malkin. Of course, Malkin gets a lot of citation action when other bloggers point out the odiousness of her writings, and now Pandagon has gotten two trackbacks from me for being sexist. Strange world.

Angry Song About the Election

This song has cuss words and everything, hope the FCC doesn't have jurisdiction over blogs.

Our President is an Embarrassment, once again

Check out this photo. Unbelievable. The guy can't even put his clothes on.

Memories of November 2004?

What will you remember most about the 2004 election? Reports of software glitches, computer errors, irregularities disproportionately affecting minorities, machines counting backwards, curious predictions by Republican congressmen, the possibility of machines being hacked, bizarrely incorrect exit polls, people waiting in 3-hour long lines, machines recording votes for one candidate as votes for another candidate, uncounted provisional ballots, assorted other voter irregularities, apathy about voting irregularities, or the lack of attention paid by the media (linked-to articles excepted!)?

Thanks to the Democratic Underground for many of the links and much of the phraseology!

Sneak Attack on Abortion Rights

From Ms. Magazine:Congress Passes "Back-Door" Abortion Gag Rule An anti-abortion provision with potentially widespread impact will remain intact as part of the Labor, Health and Human Services, and Education Appropriations Bill for 2005, in spite of efforts by pro-choice Senators to block the measure. President Bush is expected to sign the omnibus spending bill.

On Friday, nine female Senators, including Olympia Snowe (R-ME), sent a letter to chair of the Appropriations Committee Senator Ted Stevens (R-AK), requesting that the language of the clause be changed and protesting the fact that the Federal Refusal Clause had not been discussed in committee, nor had it been put to a vote on the Senate floor. According to the women Senators, the clause, sponsored by Rep. Dave Weldon (R-FL), would “allow a broad range of health-care companies refuse to comply with federal, state, and local laws and regulations pertaining to abortion services. Should this provision become law, federal, state, or local governments may no longer require any institutional or individual health-care provider to provide, pay for, or refer abortion services. This will mean that medical providers in hospitals and clinics across the country will likely be victims of demonstrations and intimidation as this provisions allows that they be forbidden from providing abortion care to women who need it, and also to deny women referrals to another provider.”

Moreover, according to the women Senators, the provision “will interfere with the authority of Attorneys General to reject, approve, or impose terms on the sale or transfer of asset by nonprofit health entities as under current law. For example, an attorney General could no longer reject a merger proposal on the grounds that the result would be diminished community access to full reproductive health services.”

After threats by Senator Barbara Boxer (D-CA), one of the signatories to the letter, to use procedural motions to delay the vote on the bill, Senate Majority Leader Bill Frist (R-TN) guaranteed that he would hold a separate vote on the provision in the Senate next spring.

House Minority Leader Nancy Pelosi (D-CA) told the Los Angeles Times that the Federal Refusal Clause is “an extraordinary sneak attack on women’s rights,” maintaining that “federal dollars should not be used to deny the federally protected right to choose.”

In response to the addition of the Federal Refusal Clause, Senator Tom Harkin (D-IA) told the New York Times that he plans on forcing a vote next year to show support for Roe v Wade. “I think it is time the women of American understand what is happening here,” Harkin said.

Must See Lecture by Ed Felten

Ed Felten, the coolest computer scientist in the world, gave a tremendous lecture about digital copyright. It's posted in various forms here. Check it out. It's under a Creative Commons license. So do what you can with it.

They Don't Get it

A few days ago the wonderful feminist blogger Echidne of the Snakes posted something she titled They Don't Get It #1. She wrote: This is a new weekly series I'm planning to begin right now. The idea is to pick something I come across in my surfing on the net that shows why feminists are still very much needed. Not something big and obviously relevant, but something that might not even seem sexist, something that will make people tell me that I have no sense of humor or something more important to do. Something to put a little thorn under our collective fingernails. Why not?.... Ok. Here's number one. It comes from one of Saturday's Eschaton threads: Democrats: always on the defensive. Always worried about what other people will think, or how something will "look". Grow some balls and fight like a man.

I think her idea is great, so while watching for her future contributions, I'll be posting my own as well. Here is today's nominee. It is a posting by Ezra Klein at Pandagon on 11/22/04 called "Clear The Zone" that begins: "Democrats, we all know, have the message clarity of a coed at her first kegger." It inspired a comment exchange that reads in pertinent part:

Ezra, sometimes you have the best similes. :) "Message clarity of a coed at her first kegger" That conveyed the precise idea.
Posted by Ted at November 22, 2004 08:18 PM
....
Could we maybe lose the sexism? Co-ed at a kegger? Sheesh.
Posted by arna at November 22, 2004 10:57 PM

and like a coed at her first kegger the democrats always wake up the next day with their panties off and a vaguely familiar taste in their mouths.
Posted by pablo at November 22, 2004 11:00 PM

I rest my case.
Posted by arna at November 22, 2004 11:03 PM

Boy I can't wait for an entire productive discussion to get derailed over one goddamn simile.
Posted by agrajag at November 23, 2004 12:35 AM

Newsflash, fellows, there are more female Democrats than male ones and you do no service to party unity when you alienate people you otherwise might inspire and lead.


How's the Style of Sivacracy.net?

I have been tinkering with the style of this site. Ever since I switched to Movable Type I have been learning some new things and making some mistakes.

Please use the comments tab below to tell me if this site is readable, if the RSS is working, etc.

Feel free to make constructive suggestions to make this site better.

November 22, 2004

Passive Aggressive Communications Solutions

Learn about "punctuation substitution" here.

Utterly Stupefying New Video Game

Article from CNN follows in its entirety:

A new video game to be released on Monday allows players to simulate the assassination of U.S. President John F. Kennedy. The release of "JFK Reloaded" is timed to coincide with the 41st anniversary of Kennedy's murder in Dallas and was designed to demonstrate a lone gunman was able to kill the president. ...


"It is despicable," said David Smith, a spokesman for Massachusetts Sen. Edward Kennedy, the late president's brother. He was informed of the game on Friday but declined further comment.

Kirk Ewing, managing director of the Scottish firm Traffic Games, which developed the game, said he understood some people would be horrified at the concept, but he insisted he and his team had nothing but respect for Kennedy and for history.

"We believe that the only thing we're exploiting is new technology," said Ewing, a former documentary filmmaker and senior executive with Scottish developer VIS, responsible for games like "State of Emergency." He said he sent Edward Kennedy a letter before the game's release.

Ewing said the game was designed to undermine the theory there was some shadowy plot behind the assassination. "We believe passionately there was no conspiracy," he said. Traffic Games said the objective was for a player to fire three shots at Kennedy's motorcade from assassin Lee Harvey Oswald's digitally recreated sixth-floor perch in the Texas School Book Depository.

Points are awarded or subtracted based on how accurately the shots match the official version of events as documented by the Warren Commission, which investigated Kennedy's assassination. Shooting the image of Kennedy in the right spots in the right sequence adds to the score, while "errors" like shooting first lady Jacqueline Kennedy lead to deductions.

Each shot can be replayed in slow motion, and the bullets can be tracked as they travel and pass through Kennedy's digitally recreated body. Players can choose to see blood by pressing a "blood effects" option.

Players can view the motorcade from a number of angles, including the perspective of filmmaker Abraham Zapruder and a view from the "grassy knoll" where some conspiracy theorists believe a second gunman was stationed.

The game will be available via download for $9.99.

I'm guessing any sequel simulating the assassination of a REPUBLICAN President is the one that will provoke the "moral values" outrage...

Perilous Times

Excerpt from a review by Christopher Capozzola (in the 11.21.04 Washington Post) of the book PERILOUS TIMES, Free Speech in Wartime: From the Sedition Act of 1798 to the War on Terrorism By Geoffrey R. Stone (Norton 2004):

On July 4, 1951, at the height of Cold War tensions, a reporter asked 112 people in a park in Madison, Wis.consin, to sign a petition containing nothing more than quotations from the Declaration of Independence and the Bill of Rights. All but one refused. ["Many Found Wary of July 4 Petition," New York Times, July 29, 1951, p. 43. Also reported elsewhere: Time, Washington Post, Nation.* yes, OK] Bitter ironies like this abound in Perilous Times, Geoffrey R. Stone's masterful history of free speech in wartime America. With clarity, moderation and some 2,000 footnotes, Stone explains how Americans could come to fear their own founding documents. We have long needed this book, though perhaps never as badly as we do today.
....
Stone provides a Profiles in Courage for the Sept. 11 generation. But he rejects a simple story of heroes and villains, perhaps because the ragtag assembly of wartime victims in Perilous Times includes some truly unsavory characters: doctrinaire Stalinists, American Nazis, and Northern Copperheads who opposed Lincoln not because war was unhealthy for children and other living things but because they resented the "Negro mania" of the Great Emancipator. Crusaders like Emma Goldman, Roger Baldwin and Fred Korematsu get their due, but Stone reserves his deepest respect for history's unsung heroes: second-tier Justice Department officials in World War I who reined in the Bureau of Investigation, and War department attorneys in World War II who questioned Japanese internment. Stone cherishes men and women with faith in the Constitution; with faith that the cure for bad speech is more speech; with faith, as Hugo Black noted in 1951, "that free speech will preserve, not destroy, the nation."
....

Read the whole review if you get the chance, and of course the book too!
Leaned about this at the Rittenhouse Review.

November 21, 2004

Moonshine

Site about North Carolina moonshine, which I learned about from Uncle Horn Head.

DeLay's Legal Defense Fund

From "DeLay Rakes It In," by Michael Isikoff and Holly Bailey in Newsweek:
....
A NEWSWEEK tally shows that a special legal-defense fund created by DeLay in 2000 has collected more than $932,000, including $370,000 in the past four months alone. That's when Austin prosecutor Ronnie Earle began stepping up his investigation into allegedly illicit fund-raising by a political committee set up by DeLay to push a controversial redistricting plan through the Texas Legislature. A huge chunk of the new DeLay legal-defense cash, $200,000, comes from Republican House members who have new reasons to be especially grateful to the majority leader: the success of the DeLay-engineered Texas redistricting plan brought four new Texas GOP members to Washington this month, thereby consolidating Republican control in the chamber.


But much of the rest of the cash comes from a posse of corporate donors such as Texas horse-racing magnate Charles Hurwitz, who, along with his company, Maxxam, has chipped in $10,000 to pay DeLay's legal debts. (Hurwitz also has contributed an additional $24,000 to other DeLay campaign committees in recent years.) Hurwitz and DeLay have a long relationship: when Hurwitz was facing a suit by federal regulators for allegedly defrauding a savings and loan in 1999, DeLay interceded with the chief federal bank regulator in an unsuccessful attempt to get her agency to back off the case. Hurwitz later hosted a golf and marlin-fishing fund-raiser for DeLay at Palmas del Mar, a luxurious resort complex he owns in Puerto Rico.

Hurwitz's most recent cause is getting legislation in Texas to permit video lottery and blackjack terminals at his Houston racetrack. To that end, Maxxam donated $50,000 to the campaign coffers of Texas Gov. Rick Perry as well as an additional $5,000 to DeLay's Texans for a Republican Majority (TRMPAC), the committee at the center of Earle's probe into the improper use of corporate cash in Texas races. NEWSWEEK has learned that Maxxam's donation to TRMPAC, solicited by a DeLay fund-raiser, is among those now being scrutinized by Austin prosecutor Earle. Hurwitz declined to comment last week. DeLay spokesman Stuart Roy said he couldn't say if Hurwitz had sought DeLay's help for the Texas gambling legislation, but if he had, "it wouldn't make any difference." Why? "Tom is not supportive of the expansion of gambling, period." In any case, Roy added, contributors to DeLay "only get two things: good government and a good meal." Earle, who was denounced by one House Republican last week as a "partisan crackpot district attorney," declined to say whether he will ultimately indict DeLay or any more of his corporate donors. But he strongly hinted to NEWSWEEK there is more to come. "This investigation is a little like clowns coming out of a Volkswagen in the circus," he said. "There's always another clown coming out."

The DNA of Literature, free and unpatented!

The Paris Review presents "The DNA of Literature" here!
From the site:

Welcome to the DNA of literature—over 50 years of literary wisdom rolled up in 300+ Writers-at-Work interviews, now available online—free. Founder and former Editor George Plimpton dreamed of a day when anyone—a struggling writer in Texas, an English teacher in Amsterdam, even a subscriber in Central Asia—could easily access this vast literary resource; with the establishment of this online archive that day has finally come. Now, for the first time, you can read, search and download any or all of over three hundred in-depth interviews with poets, novelists, playwrights, essayists, critics, musicians, and more, whose work set the compass of twentieth-century writing, and continue to do so into the twenty-first century.

Women v. Wal-Mart

Below is an excerpt from: "Women vs. Wal-Mart" (at Salon.com), By Corrie Pikul, in which "Selling Women Short: The Landmark Battle for Workers' Rights at Wal-Mart," author Liza Featherstone is interviewed.

Nov. 22, 2004 | In 2000, a 54-year-old Wal-Mart worker named Betty Dukes filed a sex discrimination claim against her employer. Despite six years of hard work and excellent performance reviews, Dukes said, she was denied the training she needed to advance to a higher, salaried position. Dukes was fed up -- and she wasn't the only one. The suit, Dukes vs. Wal-Mart Stores, Inc., was eventually expanded to represent 1.6 million women, comprising both current and former employees, making it the largest civil rights class-action suit in history. The suit charged Wal-Mart with discriminating against women in promotions, pay and job assignments, in violation of Title VII of the 1964 Civil Rights Act (which protects workers from discrimination on the basis of sex, race, religion or national origin). This past June, a California judge ruled in favor of the women. Wal-Mart is appealing the decision.

In her new book, "Selling Women Short: The Landmark Battle for Workers' Rights at Wal-Mart," journalist Liza Featherstone follows the Dukes case from start to finish. Through interviews with lawyers, plaintiffs and witnesses -- and analyses of reports from both sides -- she paints a picture of Wal-Mart as a hypocritical, falsely pious, exceptionally greedy corporation that creates a massive sinkhole for working women. (Wal-Mart officials refused to be interviewed for the book.) Female employees from stores all over the country tell of being repeatedly passed over for promotions, enduring sexist comments from male co-workers, and worst of all, getting paid significantly lower salaries for doing the same amount of work, or sometimes even more.
....

Salon spoke to Featherstone about the details of the Dukes case, red-state and blue-state retailers, and Wal-Mart's paradoxical relationship to the Republican Party.
....
The way that Wal-Mart underpays women and doesn't promote them, despite the fact that so many women who work there are supporting their families, is shockingly hostile. As one of the plaintiffs pointed out, "They don't even pay you enough to pay a babysitter." In their company culture, they've always had the idea that to move into management, people have to be willing to relocate. [Uprooting the family] can be tremendously disruptive to families for either men or women. It's clearly something that can be avoided, especially now that there are so many Wal-Marts everywhere. You hardly need to be sent to another state to work at a different Wal-Mart.
....
Now, when Wal-Mart says, "We're bringing low-cost goods to the community," it's hard to argue with that. Wal-Mart really will offer lower-cost goods than many small retailers. It's hard to counter that by saying the public costs don't always show up on the receipt, that there are hidden costs to Wal-Mart that you aren't always aware of.

Are those hidden costs what you were referring to when you called Wal-Mart "one of the biggest welfare queens of our time"?

Yes. American taxpayers chip in to pay for many full-time Wal-Mart employees because they usually require incremental health insurance, public housing, food stamps -- there are so many ways in which Wal-Mart employees are not able to be self-sufficient. This is very ironic, because Sam Walton is embraced as the American symbol of self-sufficiency. It is really troubling and dishonest that Wal-Mart supports Republican candidates in the way that they do: 80 percent of their corporate campaign contributions go to Republicans. But Republicans tend not to support the types of public assistance programs that Wal-Mart depends on. If anything, Wal-Mart should be crusading for national health insurance. They should at least be acknowledging that because they are unable to provide these things for their employees, we should have a more general welfare state.
....
Wal-Mart has been called a red-state retailer, while other stores like Target and Costco are seen as more blue state because they have more progressive policies.

I found Wal-Mart to be a really interesting analog to the Republican Party, in the way that party convinces ordinary people, especially in rural areas, that it shares their interests and embodies their culture. The Wal-Mart CEO has even said, "City people don't understand Wal-Mart. Wal-Mart is for country people." That's so similar to the way that Republicans convince rural people that "we get you, we understand you, we support you." And it's really amazing and instructive how powerful that language is.
....

NYTimes on "Street Law"

Today The New York Times style section has a nice summary/review of Neeraja Viswanathan's cool and funny new book, The Street Law Handbook.

... Nearly as practical as Ms. Ettus's "Experts' Guide" is Neeraja Viswanathan's lawyerly guide to sex, drugs and petty crime. She's a New York lawyer who has practiced corporate litigation and criminal defense. She's got a sharp tongue and a lot of trenchant answers for those who crave more legal advice than is on offer from "Law & Order."

It's good to know that thongs are sometimes O.K. on a beach, but not in an office supply store, and that mooning is outlawed in all 50 states. In fact, in Michigan, you don't have to be seen to be charged. Intent to moon is offense enough. (Well, it's more like an existential principle: if a man moons in a car and nobody sees him, is it a crime? Yes, if he's in Michigan.) It's also helpful to know that you won't be charged for having sex in your own house if you keep the shades down, and if you pay your spouse to have sex with you the exchange is not considered prostitution, except maybe in Washington, D.C.

California is probably the best place to be caught smoking a joint (first-time offenders are automatically sent to rehab and given probation). Las Vegas and Miami are probably the worst. The amount of drugs on your person — whether a marijuana seed or an ounce of cocaine — has no effect on the charge of possession, contrary to popular belief. And selling fake drugs carries the same penalty as an attempt to sell the real stuff.

Ms. Viswanathan's best lesson? A gentle prod to consider a career switch if you find yourself breaking the law — and getting caught — often.

Disclosure: Neeraja is my cousin. Buy this book. It's really good.

Republicans Want to See Our Tax Returns

From Talking Points Memo:

"As you've probably heard, the congress is pushing through a big omnibus spending bill this weekend. And at the last minute, Republican leaders tried to slip in a provision that would give certain committee chairman and their staffers unlimited access to any American's tax return, with none of the standard privacy protections applying.

You heard that right.

They could pull anyone's tax return, read it over and do whatever they wanted with the information. Those who would have this power would be the chairs and ranking members of the senate and house appropriations committees and subcommittees and "their designees."

The key is that the privacy rights provisions, and criminal and civil penalties that go with them, don't apply for the appropriations committees.

At the last minute, Senate Democrats caught the language (keep in mind these omnibus bills can be like phone books), protested and the Republicans beat a hasty retreat. Some of it is discussed in this AP article at MSNBC, though they lamely call it a "tax-disclosure gaffe."

The Republicans are acting like it was all an innocent mistake. And it seems clear that there are Republican senators who didn't know anytihng about it and are pissed. But clearly this was no accident, unless provisions have started to write themselves."

November 20, 2004

Almost Two Hundred Million Dollars a Day on War

According to this UPI story, the U.S. is spending almost $200 million dollars a day on the Iraq war. Imagine if that money was being spent on education, or health care, or roads, or parks, or on the development of alternative energy sources...

Iraq War Topping $5.8 Billion A Month, United Press International, 11/18/04

WASHINGTON - The Pentagon is spending more than $5.8 billion a month on the war in Iraq, according to the military's top generals.

That is nearly a 50 percent increase above the $4 billion-a-month benchmark the Pentagon has used to estimate the cost of the war so far.

The Army alone is spending $4.7 million a month while the Air Force is spending $800 million a month transporting soldiers and flying combat missions. The Marine Corps is spending $300 million a month, the four service chiefs told the House Armed Services Committee Wednesday.

Since 2003, the Pentagon has received some $160 billion for the wars in Iraq and Afghanistan in supplemental funding -- that is, in addition to its annual budget. It will be requesting another multibillion-dollar supplement early next year to cover the continuing cost of the war.

Will Sen. Bill Frist Apologize?

A newly declassified document vindicates counter-terrorism expert Richard Clarke from the slander of Senate Majority Leader Bill Frist, By Joe Conason, at Salon.com
Excerpt below:

Nov. 19, 2004 | Short memories confer immunity on politicians, who are rarely accountable for the opportunistic, irresponsible or dishonest remarks they so often utter. In Washington's fetid culture of personal destruction, the powerful and privileged can trash an adversary's reputation without concern that the truth will embarrass them when it emerges months or years later. Consider the case of Senate Majority Leader Bill Frist.

Last March, Frist rose on the Senate floor to demonstrate his fealty to the White House by attacking Richard Clarke in the ugliest and most personal terms. Seeking to discredit the former counter-terrorism chief after his stunning appearance before the National Commission on Terrorist Attacks Upon the United States, Frist essentially accused the former counter-terrorism chief of committing perjury.

But now we know who was telling the truth and who wasn't, thanks to the release of a newly declassified document. That document is the transcript of Clarke's testimony before a closed, joint congressional hearing in June 2002, when he discussed "the evolution of the terrorist threat" leading up to 9/11 with members of the Senate and House Intelligence Committees. While the declassified text contains lengthy redactions, it also shows conclusively that Frist slandered Clarke last spring.

....
"Mr. Clarke has told two entirely different stories under oath," said Frist. "In July 2002, in front of the Congressional Joint Inquiry on the Sept. 11 attacks, Mr. Clarke testified under oath that the administration actively sought to address the threat posed by al-Qaida during its first seven months in office ... .[It] is one thing for Mr. Clarke to dissemble in front of the media. But if he lied under oath to the United States Congress it is a far more serious matter. As I mentioned, the intelligence committee is seeking to have Mr. Clarke's previous testimony declassified so as to permit an examination of Mr. Clarke's two different accounts. Loyalty to any administration will be no defense if it is found that he has lied before Congress."

Clarke reacted by urging the immediate declassification of the entire six-hour transcript of his secret testimony, confident that he would be vindicated. Eventually, Frist's own spokesman admitted that his boss hadn't read Clarke's testimony -- and that his only "evidence" was gossip from other unnamed legislators who had called the majority leader to complain that Clarke's "tone" differed from what he had said two years earlier. Some Republicans who had heard Clarke's testimony quietly suggested that Frist didn't know what he was talking about, including Senate Intelligence Committee chairman Pat Roberts, R-Kansas.
....
Neither criticizing nor praising the administration's efforts, Clarke offered a dry factual account of the bureaucratic approach toward terrorism taken by the president's appointees and advisors during the months that preceded 9/11. Clarke allowed the lawmakers to draw their own conclusions -- if they chose to do so -- by contrasting the slow official process with his vivid recollection of CIA warnings during the summer of 2001, when al-Qaida was preparing an "imminent" offensive that might include "multiple, simultaneous attacks, some overseas and some in the U.S." He didn't say one word that was later contradicted by his far more dramatic testimony before the 9/11 Commission.
....

November 19, 2004

Co-Sponsor Legislation!

With John Kerry! Learn more here.

Worse than Ashcroft?

Ted Rall argues Gonzales will be worse than Ashcroft here.

Below is an excerpt:

If Bush gets his way, the nation's chief law enforcement official will be a man whose warped interpretation of presidential power, contempt for due process and gleeful deconstruction of fundamental human values puts him at odds with every patriotic American.

Gonzales is the author of the infamous August 2002 "Standards of Conduct for Interrogation under 18 U.S.C. 2340-2340A," a legal opinion issued while on his current job as White House Counsel. The 50-page "torture memo," which provides government interrogators justification to torture suspects in the war on terrorism, isn't just another memo. It's a benchmark position paper, a document that Administration figures from Bush and Rumsfeld down to CIA interrogators at Guantánamo and Abu Ghraib still rely upon to protect themselves from possible future prosecution for war crimes.

....Even the extreme mistreatment Gonzales still calls "torture," says Gonzales, is permitted--up to and including the death of the victim. This is because a post-9/11 torturer "would be doing so in order to prevent further attacks on the United States by...Al Qaeda."

The military's judge advocate generals (JAGs), not known for squishy liberalism, say that Gonzales is nuts. "It's really unprecedented," says a senior military attorney. "For almost 30 years we've taught the Geneva Convention one way. Once you start telling people it's okay to break the law, there's no telling where they might stop." ....

In Defiance of All That is Bad Around Us

Below is an excerpt from this essay by Howard Zinn called "The Optimism of Uncertainty":

We don't have to engage in grand, heroic actions to participate in the process of change. Small acts, when multiplied by millions of people, can transform the world. Even when we don't "win," there is fun and fulfillment in the fact that we have been involved, with other good people, in something worthwhile. We need hope. An optimist isn't necessarily a blithe, slightly sappy whistler in the dark of our time. To be hopeful in bad times is not just foolishly romantic. It is based on the fact that human history is a history not only of cruelty, but also of compassion, sacrifice, courage, kindness. What we choose to emphasize in this complex history will determine our lives. If we see only the worst, it destroys our capacity to do something. If we remember those times and places-and there are so many-where people have behaved magnificently, this gives us the energy to act, and at least the possibility of sending this spinning top of a world in a different direction. And if we do act, in however small a way, we don't have to wait for some grand utopian future. The future is an infinite succession of presents, and to live now as we think human beings should live, in defiance of all that is bad around us, is itself a marvelous victory.

I struggled with what to title this posting. "Fighting the Good Fight" came to mind but lately I'm wary of allusions to violence even in positive contexts, which similarly ruled out "Soldiering On." Finally, obviously, I just lifted Zinn's words. He is quite remarkable, a treasure really.

Still Time To Find The Truth

That's the conclusion of this article in the Orlando Weekly about election irregularities. Time runs out December 12, 2004.

Shatner Does "Rocket Man"

Access link via News From Me It's life, Jim, but not as we know it....

November 18, 2004

Voting machines may have boosted Bush totals

by Tim Grieve, from Salon.com on 11/18/04

"It’s not proof of voter fraud -- at least not yet -- but it seems that somebody has some explaining to do about the election results from Florida. In a report released this morning, researchers at the University of California, Berkeley, say that George W. Bush received 130,000 more votes in Florida in 2004 than he should have received, and that the only real explanation has something to do with electronic voting machines.

Through multiple-regression analysis, the Berkeley researchers examined the increase in Bush’s support, on a county-by-county basis, between 2000 and 2004. Their conclusion: A county’s use of electronic voting machines resulted in a "disproportionate increase" in votes for Bush which "cannot be explained away by other factors."

The disparity between the votes Bush received and the votes statistical models said he should have received was largest in those e-voting counties where Al Gore was strongest in 2000: Broward, Palm Beach and Miami-Dade. Michael Hout, the Berkeley sociology professor who presented the researchers' findings today, said that he could not explain why the disparity was so high in counties that favored Gore in 2000, nor could he explain how the electronic voting machines might have over-counted Bush votes. But he said that there’s virtually no possibility -- a one in 1,000 chance that he called "trivial" -- that the voting disparities arose by chance.

"Our approach is like a smoke alarm, and it’s beeping," Hout said on a call with reporters this morning. "We're calling on officials in Florida to investigate to see if there's a fire."

Hout said the researchers applied their same tests to electronic voting in Ohio and discovered no such disparities. And even if the Berkeley researchers are right about Florida, their numbers don't change the overall result of the election there. As things stand now, Bush won Florida by about 311,000 votes. If the 130,000 "extra" votes the Berkeley researchers have found were "ghost votes" – that is, votes that were never cast but simply added to Bush’s total – then Bush's margin would drop to about 181,000 votes. But if the 130,000 votes were Kerry votes that somehow got switched to Bush votes, then Bush’s margin in Florida would drop to 51,000."

Why I'll Never Run For President

Reason Number 687: I like green tea.

According to this article, green tea was a problem for Kerry:

....During a luncheon speech Monday to the Forum Club of the Palm Beaches, CNN political correspondent Candy Crowley shared an early memory from the campaign trail that may explain why John Kerry will not be president next year. In January 2003, when his campaign was still young enough that Kerry would actually sit down with reporters in a relaxed setting, he and Crowley met for breakfast at the Holiday Inn in Dubuque, Iowa.

"I'd like to start out with some green tea," Kerry told the waitress, who stared at him for a moment before responding, "We have Lipton's." Lipton's would be fine, Kerry said, but the memory stayed with Crowley.

"There were many green tea instances," she told the sell-out crowd of 450 at the Kravis Center's Cohen Pavilion. "There's a very large disconnect between the Washington politicians and most of America and how they live. Bush was able to bridge that gap, and Kerry was not."

If the Democrats hope to regain the White House, she said, they will have to close the green tea gap.

As Hullabaloo points out (and that is where I became aware of the green tea "problem"), widely reported research suggests chemicals in green tea are useful in fighting cancer and may aid in keeping some cancers in remission. John Kerry's father died of prostate cancer and he is a prostate cancer survivor himself. He probably drinks green tea as part of an effort to stay healthy. If that puts him on the wrong side of the "green tea gap" there is something fundamentally and abhorently wrong with this nation. Or maybe it's just that "CNN political correspondent" Candy Crowley is a flaming idiot.

Additionally, Mediamatters.org notes:

...[G]reen tea may not be quite the highbrow delicacy Crowley seems to think. In fact, Lipton itself makes more than a half-dozen different varieties of green tea. Lipton's website even reveals that green tea accounts for 20 percent of all tea produced. And, according to Lipton's product locator, you can buy green tea in Dubuque, Iowa, at that gourmet market known as ... Kmart.

So, who is the real out-of-touch elitist -- John Kerry, for drinking green tea, or Candy Crowley, for assuming that simple Iowa folk couldn't possibly be familiar with the beverage?

Don't Eat it!

Steve is strange and rude, and also funny at The Sneeze.

November 17, 2004

Missing Dead

According to this article in the 11/15/04 NYT, the U.S. military claims to have killed 1,200 to 1,600 "insurgents" in Fallujah. Here is an odd development: Some portion of the 1,200 to 1,600 "insurgent" dead bodies have disappeared. The same article reports:

"American commanders said 38 American servicemembers had been killed and 275 wounded in the Falluja assault, and the commanders estimated that 1,200 to 1,600 insurgents - about half the number thought to have been entrenched in Falluja - had been killed. But there was little evidence of dead insurgents in the streets and warrens where some of the most intense combat took place."

And, the piece later follows up with the observation that: "The absence of insurgent bodies in Falluja has remained an enduring mystery." Let's consider two possible solutions to this mystery. Maybe the military is greatly exagerating how many people it killed. That is actually my preferred explanation, because otherwise I'd have to conclude that the military itself has disposed of the bodies to prevent observation and identification of the corpses. Why would they do this? Because they do not want it revealed that many of the dead are elderly, very young, and/or female, and/or obviously civilians, people with no history of violence caught in the wrong place at the wrong time.

A few days ago (11/13) the author of Baghdad Burning wrote: "People in Falloojeh are being murdered. The stories coming back are horrifying. People being shot in cold blood in the streets and being buried under tons of concrete and iron... " I hope that the stories are mistaken.

p.s. See also this Greg Palast posting, and the "Iraqi Body Count" site as well.

The U.S. v. the E.U.

A book review ("Welcome to the New Cold War," by Andrew O'Hehir) at Salon.com notes:

...."The U.S. has fallen significantly behind the EU's Western European nations in infant mortality and life expectancy, despite spending more on healthcare per capita than any of them. (While 40 million Americans are uninsured, no one in Europe -- I repeat, not a single person -- lacks some form of healthcare coverage.)

European children are consistently better educated; the United States would rank ninth in the EU in reading, ninth in scientific literacy, and 13th in math. Twenty-two percent of American children grow up in poverty, which means that our country ranks 22nd out of the 23 industrialized nations, ahead of only Mexico and behind all 15 of the pre-2004 EU countries. What's more horrifying: the statistic itself or the fact that no American politician to the right of Dennis Kucinich would ever address it?

Perhaps more surprisingly, European business has not been strangled by the EU welfare state; in fact, quite the opposite is true. Europe has surpassed the United States in several high-tech and financial sectors, including wireless technology, grid computing and the insurance industry. The EU has a higher proportion of small businesses than the U.S., and their success rate is higher."....

Marvel Sues Over MMOG

Comic book publisher Marvel Entertainment has sued NCsoft and Cryptic Studios for allegedly designing their massively multiplayer online game "City of Heroes" -- in which about 200,000 people play superheroes in a cyber-world in which "comic books come alive" -- to knowingly allow players to fashion their characters to look like and be named after famous Marvel icons like The Hulk, Captain America and Spider-Man, thereby "directly, contributorily and vicariously infringing upon Marvel copyrights and trademarks."

More here and here.

Al Jazeera in Iraq

From Abu Aardvark:

In an interview with al Arabiya, Iyad Allawi renewed his attack on al Jazeera, claiming that it has continued its activities in Iraqi territory despite the ban imposed on it, and he threatened to take unspecified actions against anyone working for al Jazeera under the provisions of the recently declared martial law.

Al Jazeera responded by again expressing its surprise and dismay that the temporary Iraqi government has failed in its promise to move towards an opening towards and consolidation of the principles of freedom of the media and freedom of expression.

The Bush administration had no comment on the question of media freedoms in Iraq.

Supporting Farm Workers

Delores Huerta of the United Farm Workers asks folks "to take a stand now to help the dairy workers at Threemile Canyon Farms who have been struggling to get a contract for the last 20 months, by signing their online petiton today. Workers have been the victims of harrassment, retaliation, discrimination and ongoing workplace abuse.

Of the 150 employees at this dairy, there are two women. It's hard to believe that's a coincidence. Last month, three women filed suit in Oregon against the dairies over sexual discrimination. They had all applied to work, but were never called for a job while men were hired. A fourth woman has joined the suit. These allegations of sexual discrimination are just the latest in a long list of abuses at Threemile Canyon Farms."
More information and petition available here.

The Grey Video

Download this NOW and distribute it before it goes dark. This is a brilliant video to match the Grey Album.

Afghan Women

Below is the opening paragraph of "Suffragette City" a review of a new PBS documentary that "looks behind the veil at the women of Afghanistan," By Dana Stevens, Posted to Slate.com Nov. 16, 2004. She notes:

"President Bush loves to talk about the 19-year-old Afghan woman who was the first to cast a vote in October's presidential election. In the last few weeks before the election, he could hardly mount the podium without getting dewy-eyed over the thought of this spunky, once-veiled young lady casting her vote, not just for the candidate of her choice, but for Western-style democracy. What the president neglects to mention (besides the fact that the election was widely regarded as troubled and fraudulent) is that the girl in question, Moqadasa Sidiqi, voted absentee. A refugee from Afghanistan's two decades of war, she has been living in Islamabad, Pakistan's capital city, since her family emigrated there twelve years ago. In an interview after voting, she said she had voted for peace in the hope that her country would one day be safe enough for her family to return."

Though I suppose Bush didn't *technically* lie about this, I certainly bought into an image of an Afghan woman voting IN AFGHANISTAN! She got to be the first voter because polls in Pakistan (for refugees!) opened before polls in Afghanistan, photos of her voting are here and here. But she and her family obviously feel Afghanistan it is not a safe place to live! In any event the documentary looks interesting.

Republicans and Homophobia

Astute comments from Body & Soul about columns by David Brooks and Charles Krauthammer entitled "Values-Vote Myth," and 'Moral Values' Myth," respectively:

"....Neither one of them feels comfortable being part of the Christianist Party -- I admit, I sympathize -- and so they must insist that evangelical homophobes played a very small role in this election.

Fair enough. But if they really believe that, the people they need to get angry at real fast are that little insignificant sliver of their party that is claiming credit -- even divine intervention -- and demanding power, the chief political adviser to their president who seems to have bought into what they're calling a "myth," and above all a president who's dancing as fast as he can to the theocrat's tune.

If that's not your party, David Brooks, have the guts to stand up and say so, and get pissed at the people who are taking it over, not the people who are pointing out that they're taking over. If that's not what you voted for, Charles Krauthammer, tell your president he's pandering in places better left unpandered.

The firm believers in the "moral values myth" are in the White House. And you put them there. Tell them they've got it wrong. Right now you're talking to the wrong people. It doesn't matter if I believe homophobes gave George Bush the presidency. It matters very much if George Bush believes it.

More important, you may not think the religious nuts won the election for you (and I pray you're right), but they think so. If those bigots in the party are both embarassing and insignificant, then it should be very easy for you to tell them flat out that there's no place for them in your party. You don't need their votes, right?...."

November 16, 2004

Free Link to Chronicle Profile

I believe this link is open to non-scubscribers.

UK to be Smoke-Free Soon!

Ireland, Scotland, and now England will ban smoking in public places soon.

Now if we can only get the rest of the world to go along with this great idea. I was in Atlanta for four days last week. Minimal exposure to second-hand smoke has messed up my lungs and throat.

NYC has been a much better place to live since we banned smoking.

IP Law in Iraq

Soon after the invasion of Iraq, Paul Bremer rewrote the patent and copyright laws of Iraq.

Today we learn from news@uspto.gov (the Patent and Trademark Office newsletter):

USPTO Hosts Iraqi Delegation
Last Friday, the USPTO hosted a delegation of 33 high-ranking Iraqi government and private sector officials for an all-day seminar on the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs). The delegation comprises the Iraqi National Committee on WTO Accession and comes from 14 different Ministries: the Ministries of Justice, Planning, Trade, Finance, Industry and Minerals, Health, Transport, Science and Technology, Central Bank of Iraq, Foreign Affairs, Culture, Interior, Agriculture, Communications, as well as the Iraqi Industrial Federation and the Chamber of Commerce, two private sector organizations.

Deputy Under Secretary of Commerce for Intellectual Property Steve Pinkos opened the seminar and noted, "it is indeed remarkable that we are hosting you today. It wasn't long ago that contact between our governments at this technical level was impossible." Patent, trademark, copyright and enforcement experts from the Office of International Relations gave presentations on the background and obligations in each area of intellectual property. A negotiator from the U.S. Trade Representative's Office discussed the future of the TRIPs Agreement.

The Government of Iraq received WTO Observer Status in February 2004. To prepare for their accession process, the Iraqi National Committee on WTO Accession, is spending two weeks visiting Washington agencies to discuss all WTO disciplines. This 2-week program, organized by the Department of Commerce's (DOC) Office of Iraq Reconstruction and Investment Task Force, includes participation by DOC, USTR, State Department Customs, The U.S. Department of Agriculture, Treasury, the World Bank and various private sector groups.

The Government of Iraq is very committed to regaining its leadership position in its region, through membership in the world multilateral trading system. Under Saddam Hussein, Iraq had repudiated membership in the WTO.

Iraq's accession to the WTO will be greatly assisted by the fact that their current intellectual property laws are largely compliant with TRIPs substantive obligations. Previous Iraqi intellectual property laws dated to the 1950s and 1970s. However, USPTO officials working with the Coalition Provisional Authority (CPA) undertook the modernization of Iraq's intellectual property laws with the approval of the Iraqi Governing Council. Adequate and effective enforcement of these laws will be necessary to facilitate Iraq's accession process.

The USPTO has already been active in providing technical assistance to Iraq. In August, the USPTO co-hosted a judicial training program with the Jordanian Intellectual Property Association and the World Intellectual Property Organization (WIPO) in Amman, Jordan. In addition to several hundred Jordanian judges, Government officials, and private sector representatives, six Iraqi judges participated. This program provided an important opportunity for the Iraqi judges to exchange experiences with their Jordanian counterparts as well as with USPTO and WIPO experts.

I take it one is supposed to assume that the "delegation of 33 high-ranking Iraqi government and private sector officials" compris[ing] the Iraqi National Committee on WTO Accession and com[ing] from 14 different Ministries..." will still be in power (and will have some credible authority) after the elections, and will enforce the new intellectual property laws imposed by Bremer.

Profiles in Courage

Scenes from Election Day 2004 from "Video the Vote" here.

Net Filtering

Actual "Letter to the Editor" published in the 11/14/04 London Times (located via 18minutegap.com):

Sir, It is not only children who need protecting from dubious internet sites (letter, October 15) — we adults could do with a little help, too.

A few months ago, I discovered that many online “school uniform suppliers” deal in more exotic apparel than grey woolly socks, and I had to resort to a restoratory gin. Searches for a particular mouthwash and various natural history topics led me down avenues best left unexplored and, in the interests of sobriety, I installed a safety filter.

For reasons sometimes beyond my comprehension it blocked, among others: ski resorts with snow and riding stables which mentioned horse; ironmongers selling pokers and horticultural sites offering advice on how to stake one’s beans; builders’ merchants selling paint stripper; the Bloody Assize; the Whore of Babylon and a host of academic sites. Twiddling with the thresholds did little to improve the situation, and I duly uninstalled the damned thing.

I now wish to purchase some jewellery components, but I fear I lack the robust constitution required to search for stud ear screws.

Yours faithfully,
PAT EGERTON,
58 Waterloo Road, Wokingham, Berkshire RG40 2JL.
November 13.

Another E-voting Story

From the Daily Kos blog:

Here's a place were election machine shenanigans may actually have miscalled an election. From the subscription-only Roll Call:

The Indiana Democratic Party on Friday requested a recount of votes cast in the 9th district, where Rep. Baron Hill (D-Ind.) was narrowly defeated by Republican Mike Sodrel on Nov. 2.
The recount request was made after an election-equipment malfunction was discovered in Franklin County, which is not in the 9th district.

On Nov. 3, Hill conceded defeat to Sodrel, a trucking company owner, and the most recent vote tally available from the Indiana secretary of state?s office showed Hill trailing by 1,485 votes. As of midday Friday, Sodrel had 142,257 votes to Hill?s 140,772.

An emergency meeting of the state?s recount commission was held Friday afternoon and the machines, ballots and all other material relating to the election were ordered impounded. The commission will meet again on Tuesday to decide the next course of action and to hear cross petitions from Republicans.

"They want to hear from the other side as well," Kate Shepherd, a spokeswoman for the Indiana secretary of state?s office, said Friday.

Last week, Rock Island, Ill.-based election equipment vendor Fidlar Election Co. acknowledged that some of its vote-scanning machines counted straight Democratic ticket votes as Libertarian votes.

Hill was the only Democrat incumbent outside of Texas to lose his election.

November 15, 2004

Wa-ha-ha!

Found this link at Pandagon:

Hostettler mounting campaign to change the name of Interstate 69
By August Wayne, THG News

John Hostettler, the Congressman representing the 8th district of Indiana, has been convinced by local religious groups to introduce legislation in the House that would change the name of an Interstate 69 extension to a more moral sounding number.

There are plans to extend the interstate from Indianapolis through southwestern Indiana all the way through Texas into Mexico in the coming years. While most believe this highway will be good for the state’s economy, religious conservatives believe “I-69” sounds too risqué and want to change the interstate’s number.

Hostettler, a proponent of the interstate extension, agrees. “Every time I have been out in the public with an ‘I-69’ button on my lapel, teenagers point and snicker at it. I have had many ask me if they can have my button. I believe it is time to change the name of the highway. It is the moral thing to do.”

As a matter of fact, naming the highway’s extension I-69 is a violation of the Interstate Highway System’s rules for numbering roads. Interstates numbers are to increase from west to east. If the extension through southern Indiana is named I-69, then 69 will be west of I-65, a direct violation.

“Naming the road I-63 not only follows numbering guidelines, it doesn’t have the sexual undertones that I-69 has,” says Hostettler, “It is a win-win situation.”

The change will more than likely be introduced in committee when Congress convenes after the first of the year.

See also this.

Falluja in Photos

Hard to look at, easy enough to avoid if you read only the mainstream U.S. newspapers. Seriously, take a deep breath before you click here.

Another Great Bloggereview of Anarchist

From Librarian.net

The Anarchist in the Library      by Siva Vaidhyanathan (2004)

read: 10 November 2004
rating: [+]

Since it’s November I think I can safely put this book on the 2004 top ten list. I read it on the plane on the way to a workshop on The Information Commons which was somewhat less interesting than this book. Siva is only sort of flirting when he talks about anarchism since his conclusion basically says “we don’t want anarchy, but we need something better than this” He’s a scholar but one who uses the tools he discusses. That, combined with a very readable style and a good sense of humor make this book a must read.

He goes deep into the models for sharing information and explains how our previous pathways to free and open sources of information are being shut down by people who want to be able to charge us for it. Not only that, they have been re-framing the debate, so that wanting to access this information in an easy and user-friendly way gets us branded as criminals ["anarchists"] by the powers that be. They basically make the argument that they’re keeping us safe by adding all these levels of copy protection and legislation when in reality they’re just protecting their own private proerty model and revenue stream that comes from that model.This is, of course, a horribly brief synopsis of a complex and wonderful book. If you’d like more from Siva, feel free to read the FAQ about this book, or just start reading his blog.

The Diebold Variations

Enjoy here!

Light at the End of the Tunnel or Oncoming Train?

From the 11/15/04 Washington Post, Page A01 :

Trouble Spots Dot Iraqi Landscape, Attacks Erupting Away From Fallujah By Karl Vick

BAGHDAD, Nov. 14 -- The fighting started in Mosul two days after U.S. tanks entered Fallujah. Armed men appeared in a sudden tide on a main street in Iraq's third-largest city, a wide avenue where so many American convoys had been ambushed that locals nicknamed it "Death Street."
....

U.S. and Iraqi officials said they knew that Ramadan would bring attacks, and that the widely publicized offensive in Fallujah would spark violent provocations in other predominantly Sunni Muslim centers. But the scale of the Mosul attack surprised the U.S. forces in the city. And the disintegration of the city's police force recalled the debacles of April, when a suddenly rampant insurgency shattered faith in the security forces that are expected to assume the ever more difficult task of making Iraq at least reasonably safe.
....

As fighting winds down in a Fallujah that has been returned by overwhelming force to the sovereignty of the new Iraq, U.S. forces are turning to the many other cities besieged by a fresh wave of insurgent attacks. The resistance remains concentrated in regions dominated by the Sunni Muslim minority, further complicating the interim government's stated desire to include Iraq's entire population in January elections.

U.S. tanks and attack helicopters on Sunday swooped into Baiji, the midway point between Mosul and Baghdad, where insurgents destroyed a key highway bridge and claimed the city. Masked men carried guns aloft in a protest Sunday in Baqubah, a chronic trouble spot for U.S. forces just northeast of the capital. U.S. forces also engaged fighters in Tall Afar, a largely Turkmen city west of Mosul, and in Hawija, northwest of Baghdad.

Bands of armed men moved freely at night in several neighborhoods of Baghdad, where the number of attacks on U.S. forces has more than doubled from a week ago. Ramadi, 30 miles west of Fallujah, remains a rebel stronghold.

And U.S. and Iraqi forces continue to fight in Samarra, the city advertised as a model for the assault on Fallujah when 1st Infantry Division tanks rolled in there six weeks ago to reclaim the city from insurgents. Under the curfew again in effect there, Samarra residents are allowed on the street for only four hours each morning, and over the weekend its latest police chief, installed just last month, quit.
....

"The city is a mess," said Bahaa Aldeen Abdulaziz, owner of the Casablanca Hotel. "The shops are closed. There's no security. And the reason for all this is because the Americans invaded Fallujah."And Fallujah will never finish. It has gotten into people's blood."

"I believe the situation will continue like this, and Mosul will become another Fallujah," said Noofel Mohammed Amen, a shoe salesman. "And later on all the cities of Iraq will be Fallujah."
....

Wilco's Jeff Tweedy on p2p and Music

Via Furdlog:

WN: What are your thoughts on the RIAA’s ongoing lawsuits against individual file sharers?

Tweedy: We live in a connected world now. Some find that frightening. If people are downloading our music, they’re listening to it. The internet is like radio for us.

WN: You don’t agree with the argument that file sharing hurts musicians’ ability to earn a living?

Tweedy: I don’t believe every download is a lost sale.

WN: What if the efforts to stop unauthorized music file sharing are successful? How would that change culture?

Tweedy: If they succeed, it will damage the culture and industry they say they’re trying to save.

What if there was a movement to shut down libraries because book publishers and authors were up in arms over the idea that people are reading books for free? It would send a message that books are only for the elite who can afford them.

Stop trying to treat music like it’s a tennis shoe, something to be branded. If the music industry wants to save money, they should take a look at some of their six-figure executive expense accounts. All those lawsuits can’t be cheap, either.

[..] Tweedy: A piece of art is not a loaf of bread. When someone steals a loaf of bread from the store, that’s it. The loaf of bread is gone. When someone downloads a piece of music, it’s just data until the listener puts that music back together with their own ears, their mind, their subjective experience. How they perceive your work changes your work.

Treating your audience like thieves is absurd. Anyone who chooses to listen to our music becomes a collaborator.

People who look at music as commerce don’t understand that. They are talking about pieces of plastic they want to sell, packages of intellectual property.
I’m not interested in selling pieces of plastic.


Bruce Schneier on E-Voting

The openDemocracy series continues.

What’s wrong with electronic voting machines? Bruce Schneier 9 - 11 - 2004 The United States election of 2004 reinforces a vital lesson: truly safe and accurate voting machines do not exist, says computer security expert Bruce Schneier.


In the aftermath of the American presidential election on 2 November 2004, electronic voting machines are again in the news. Computerised machines lost votes, subtracted votes, and doubled some votes too. And because many of these machines have no paper audit trails, a large number of votes will never be counted.

While it is unlikely that deliberate voting-machine fraud changed the result of this presidential election, the internet is buzzing with rumours and allegations in a number of different jurisdictions and races. It is still too early to tell if any of these problems affected any individual state’s election, but the next few weeks will reveal whether any of the information crystallises into something significant.

The US has been here before. After the 2000 election, voting-machine problems made international headlines. The government appropriated money to fix the problems nationwide. Unfortunately, electronic voting machines – although presented as the solution – have largely made the problem worse. This doesn’t mean that these machines should be abandoned, but they need to be designed to increase both their accuracy, and peoples’ trust in their accuracy.

This is difficult, but not impossible.

Before I discuss electronic voting machines, I need to explain why voting is so difficult. In my view, a voting system has four required characteristics:

• Accuracy. The goal of any voting system is to establish the intent of each individual voter, and translate those intents into a final tally. To the extent that a voting system fails to do this, it is undesirable. This characteristic also includes security: It should be impossible to change someone else’s vote, stuff ballots, destroy votes, or otherwise affect the accuracy of the final tally.

• Anonymity. Secret ballots are fundamental to democracy, and voting systems must be designed to facilitate voter anonymity.

• Scalability. Voting systems need to be able to handle very large elections. Nearly 120 million people voted in the US presidential election. About 372 million people voted in India’s May 2004 national elections, and over 115 million in Brazil’s October 2004 local elections. The complexity of an election is another issue. Unlike in many countries where the national election is a single vote for a person or a party, a United States voter is faced with dozens of individual election decisions: national, local, and everything in between.

• Speed. Voting systems should produce results quickly. This is particularly important in the United States, where people expect to learn the results of the day’s election before bedtime. ...

Ballot Issues in Washington Gov. Race

This story tells it all. It's like Florida 2000.

Should FCC Stand for "Federal Censorship Commission"?

From the newsobserver.com:
WUNC-FM sponsor can't say 'rights'
Station says underwriting announcement could be politically provocative

By DAVE HART, Staff Writer

CHAPEL HILL -- The use of a single word in a sponsor's on-air underwriting announcement has thrown a spotlight on a local public radio station's effort to remain politically neutral. WUNC-FM recently informed Ipas, a Chapel Hill-based international women's rights and health organization, that the phrase "reproductive rights" in the group's on-air announcement could be interpreted as advocating a particular political position. The station required Ipas to use "reproductive health" instead.

WUNC made the change to avoid trouble with the Federal Communications Commission, general manager Joan Siefert Rose said. The FCC prohibits public radio stations from airing underwriting announcements that advocate political, social or religious causes. "We can accept sponsorships and make announcements from advocacy groups, but we can't use advocacy language," Rose said. "Unfortunately, the FCC doesn't specify what that is. There's no list of forbidden terms. The only way to find out if you've stepped over the line is if someone challenges it and the FCC issues a fine. So we are always pretty conservative in interpreting the announcements we make." [emphasis added]

Anu Kumar, executive vice president of Ipas, said she disagrees with WUNC's interpretation. She said the original phrase has an internationally understood meaning that better conveys the scope of the organization's work.

" 'Reproductive rights' is not a euphemism for abortion," Kumar said. "Among other things, it means the right to infertility treatments, the right to contraception, the right to information, the right to live free of rape and violence. In global forums, those meanings are universally understood. And 'reproductive health' doesn't convey all of that. It's important to say that our work is about rights as well as health."

Kumar said she is less upset about WUNC's decision than with the political climate that led to it. "What concerns me is the chilling effect of the world we're living in, which makes everybody super-cautious about what they say," she said. "The issue of reproductive rights, like many others, has been cast as an 'either you're with us or you're against us' issue, and so much of the language is assumed to be code for something else."

Rose said the red-flagging of the phrase in Ipas' announcement came as part of a routine review of underwriting announcements. She said she planned to meet with Kumar to discuss the issue and try to reach a resolution that would satisfy everyone involved.

"This really was not an unusual situation except in the attention it's drawn," Rose said. "I have a duty to be a good steward of our FCC license, and we go over the underwriting announcements with all of our sponsors. Almost always, there's some language that needs to be changed for various reasons. And in just about all the cases, we find a way to do that in a way that's mutually acceptable."

Chronicle of Higher Ed Profiles Siva

Siva Vaidhyanathan, one of academe's best-known scholars of intellectual property and its role in contemporary culture, sits under a portrait of Elvis Presley painted on black velvet and talks about file sharing on campuses, the Digital Millennium Copyright Act, pressures on libraries from the USA Patriot Act, and the ground that arts and culture are losing to corporations and governments in the digital age.

The file-sharing controversy, he says, offers a perfect opportunity to discuss how easily swapping songs, files, and ideas can benefit and strengthen society.

"I resent a legal system that makes it too difficult and too expensive for creators to play around with the culture," says Mr. Vaidhyanathan, an assistant professor of culture and communication at New York University. "I resent the fact that copyrights last so long that things that should be free and convenient to use are locked down and lost forever."

Mr. Vaidhyanathan, 38, first gained attention three years ago with the release of his book Copyrights and Copywrongs, a popular history of copyright law. It argues, in part, that although digital technology has allowed artists, librarians, and academics to advance and analyze culture in new ways, copyright law is hampering those innovations. He has been a vocal opponent of the recording industry's attempts to stifle file sharing and a proponent of the Creative Commons alternative-copyright project, co-founded by Lawrence Lessig, a law professor at Stanford University.

Mr. Vaidhyanathan's new book, The Anarchist in the Library, released in May, picks up similar themes, describing the digital revolution as a battle between those who would free culture and those who would use technology to lock it down.

"To participate in culture is to share," he says, "and now, all of a sudden, our laws are telling us that we may not be cultural."


From the issue dated November 19, 2004

http://chronicle.com/weekly/v51/i13/13a02901.htm

In the Copyright Wars, This Scholar Sides With the Anarchists


NYU's Siva Vaidhyanathan wants to keep the stuff of culture out of the hands of the information oligarchs

By SCOTT CARLSON

New York

Siva Vaidhyanathan, one of academe's best-known scholars of intellectual property and its role in contemporary culture, sits under a portrait of Elvis Presley painted on black velvet and talks about file sharing on campuses, the Digital Millennium Copyright Act, pressures on libraries from the USA Patriot Act, and the ground that arts and culture are losing to corporations and governments in the digital age.

The file-sharing controversy, he says, offers a perfect opportunity to discuss how easily swapping songs, files, and ideas can benefit and strengthen society.

"I resent a legal system that makes it too difficult and too expensive for creators to play around with the culture," says Mr. Vaidhyanathan, an assistant professor of culture and communication at New York University. "I resent the fact that copyrights last so long that things that should be free and convenient to use are locked down and lost forever."

Mr. Vaidhyanathan, 38, first gained attention three years ago with the release of his book Copyrights and Copywrongs, a popular history of copyright law. It argues, in part, that although digital technology has allowed artists, librarians, and academics to advance and analyze culture in new ways, copyright law is hampering those innovations. He has been a vocal opponent of the recording industry's attempts to stifle file sharing and a proponent of the Creative Commons alternative-copyright project, co-founded by Lawrence Lessig, a law professor at Stanford University.

Mr. Vaidhyanathan's new book, The Anarchist in the Library, released in May, picks up similar themes, describing the digital revolution as a battle between those who would free culture and those who would use technology to lock it down.

"To participate in culture is to share," he says, "and now, all of a sudden, our laws are telling us that we may not be cultural."

Pop-Culture Junkie

His arguments are tied both to personal convictions and to a love of popular culture and the arts, especially music and sports. He grew up in Buffalo, N.Y., but enrolled as an undergraduate at the University of Texas in part to be near Austin's vibrant music scene, and his grades suffered for all the time he spent at clubs and Longhorn football games.

In his cluttered office at NYU, he has some 4,000 music files in his Apple computer, by artists as different as Bruce Springsteen and the rapper 50 Cent. A baseball with Presley's signature printed on it sits next to the computer on his desk. A letter rejecting his offer to become the commissioner of Major League Baseball hangs on the wall.

In the past, Mr. Vaidhyanathan has held down jobs as a journalist and as a volunteer on local and national political campaigns. He often works outside of the ivory tower, making the subjects of intellectual property and digital technology digestible for the masses. His byline has appeared in The New York Times Magazine, The Nation, and the online magazines Salon, Slate, and openDemocracy. He is frequently in front of microphones, cameras, and crowds -- he has recently been on National Public Radio and ABC-TV's Nightline, and at conferences on copyright law at major universities.

Mr. Vaidhyanathan counts as friends both Mr. Lessig and Eric Alterman, a prominent media critic and professor of English at Brooklyn College of the City University of New York. Like them, he runs a politically charged blog, although it tends to highlight developments in intellectual-property issues (when it's not trashing the Bush administration or bemoaning irregularities in the 2004 election).

His work draws mixed reviews. "What makes Siva special is that he is not a lawyer," says Gigi B. Sohn, president of Public Knowledge, an organization that pushes for copyright reform. "He comes at this from an artist's perspective and a librarian's perspective, and not a legal perspective. That really helps when you are trying to build a broad audience for copyright reform."

Joseph Turow, a professor of communication at the University of Pennsylvania, says one of Mr. Vaidhyanathan's strengths is his ability to mix legal scholarship and humanistic research. "It takes strong beliefs and confidence to do that when you know that law professors will be looking over your shoulder," Mr. Turow says.

But Adam Mossoff, an assistant professor at Michigan State University's law school, says Mr. Vaidhyanathan's vehemence compromises his scholarship: "Siva has an agenda he is pushing. He wants to see substantive changes in how copyright is perceived and defined today."

Defending Hip-Hop

Mr. Vaidhyanathan came to his academic career in copyright not through an interest in law but as a fan of hip-hop music. In college he loved how rappers used samples of recorded music to form the backbones of their songs, which brought new meaning to both the rap lyrics and the sampled, looped tune.

Despite poor grades, he slipped into graduate school -- also at Austin -- and took a course on American music. At the time, hip-hop was getting "bum rushed," he recalls. Established songwriters were threatening rappers with copyright lawsuits, effectively stripping a whole creative element out of the music.

"I decided I had to read everything I could on copyright," says Mr. Vaidhyanathan. "I went looking for a clearly written book for laypeople to read, and I found that there wasn't one. I thought I should probably write one."

The history of copyright, it turned out, was a little-studied topic, which became a gold mine for a pop-culture junkie like Mr. Vaidhyanathan. He found that Mark Twain, a favorite author of his, was an early advocate of strengthening U.S. copyright law, and that important copyright skirmishes and battles had been waged over television, film, and even video games. As he was completing Copyrights and Copywrongs, record companies and music lovers were clashing over Napster, the original music-file-trading service. Mr. Vaidhyanathan included an early examination of file sharing in the book.

His argument is that while copyright was designed to give artists and other creators incentives to produce work and profit from it, the protection has limitations. The book shows how copyright was expanded as it moved toward the digital era, becoming what Mr. Vaidhyanathan says is a tool for monopoly, censorship, and -- in the case of rap artists versus white songwriters -- racial oppression.

A Book on 'Core Values'

Tracy B. Mitrano, who directs Cornell University's Computer Policy and Law Program, says Copyrights and Copywrongs is assigned reading in many of her courses.

"Much of American society may have never known, and our legislators don't seem to want to remember, that copyright was a policy balancing innovation between incentive and public domain," she says. "Copyright, in its American origins, was tied to a robust democratic republic. Now it seems to be locked in a debate about property in the way that we think about physical property. This book is important because in outlining its history, we are reminded of how important copyright is to the core values of our society."

In The Anarchist in the Library, a sharply written digital-age manifesto, Mr. Vaidhyanathan focuses on what he sees as a technological battle between anarchy and oligarchy, pitting the forces of freedom and liberty against those of ownership and control in realms as diverse as file sharing, digital television, terrorism, libraries, and academe. Those who want a free culture stand against those who want to profit from culture.

This battle between anarchy and oligarchy was contentious even when culture was distributed through word of mouth, paper, or vinyl. In the digital age, he writes, when an artifact of culture can be an easily duplicated file moving at light speed, the battle is frenetic and the stakes are high -- creating a technological arms race.

The "oligarchs," Mr. Vaidhyanathan says, favor setting up instruments of control, like encryption programs, copy-control technology, or even a whole new Internet that is subject to more surveillance. The "anarchists" are fighting back by hacking those controls.

Take, for example, the popularity of file sharing and music swapping at colleges. Entertainment companies have tried to stop sharing by encrypting the information on CD's and DVD's, but those encryptions are soon broken by hackers and computer-savvy students. Some colleges block parts of their networks to stop file sharing, but students are almost always able to find ways around those blocks.

That struggle between anarchists and oligarchs is spreading to libraries, which are "under increasing pressure to conform to a pay-per-view model," Mr. Vaidhyanathan writes. The model of database companies like Reed Elsevier and Thomson is oligarchic, he says: They maintain control of and access to information. If a library gives up a subscription to an electronic database of journals, it loses access even to issues published when the subscription was in effect. But libraries -- "leaks in the information economy," Mr. Vaidhyanathan calls them -- tend to follow the anarchist's model by making information cheap or free. They are, in a sense, hacking the established system as they talk about setting up their own publishing models, like online, open-access journals.

In the race to bottle up information and culture, Mr. Vaidhyanathan says, government and content holders are trying to use technology to solve problems that are essentially social. He says people tend to be afraid of the free flow of information and rush to create laws and write code to stop that flow. The Digital Millennium Copyright Act, which makes breaking digital protections on files illegal, is an example, he says.

"Those are the sorts of moves that we make, either in policy or technology, that are destined to fail," he says, "because we think that we can invent a machine to fix the problem that the last machine caused."

While many in academe sympathize with Mr. Vaidhyanathan's perspective on property and technology, his books have drawn plenty of criticism. Edward Rothstein, a cultural critic for The New York Times, wrote that Mr. Vaidhyanathan's approach to freeing and sharing culture in The Anarchist in the Library was too optimistic -- part of a rosy "countercultural romance" that unrealistically "yearns for a preindustrial world in which an unbounded terrain of entertainment and folk art is somehow made freely available."

Marshall Leaffer, a professor of law at Indiana University at Bloomington, says Mr. Vaidhyanathan is part of a group of scholars who subscribe to a "politically correct" and "libertarian" view of intellectual property that is in vogue in academe now.

"In their zeal to provide a libertarian notion of copyright, they sometimes overlook the real challenges of the digital age," Mr. Leaffer says. He does not sympathize with the "passionate hatred" that Mr. Vaidhyanathan and others have for the Digital Millennium Copyright Act, which the Indiana professor says still needs to be vetted by the courts but in the meantime provides needed protections for copyright holders.

"And I have never understood the romantic appreciation of Napster that was manifested in his book," Mr. Leaffer says. "You can take the [recording industry's views] with a grain of salt, but if you look at what file sharing has done, it has undermined the incentives to distribute records."

"He presents an extreme view, and his extreme view might in the long view might be merited," Mr. Leaffer says. "But it's too early to tell."

A Jeremiad

The Anarchist in the Library started out as a sequel to Copyrights and Copywrongs. It was intended as a jeremiad against the recording industry, modeled on an article on file sharing that Mr. Vaidhyanathan wrote for The Nation in 2000 called "MP3: It's Only Rock & Roll and the Kids Are Alright." In that article he called the file-sharing trend a "rational revolt of passionate fans" against expensive CD's.

He was an assistant professor in the library-science school at the University of Wisconsin at Madison and had finished two-thirds of the book when the September 11 terrorist attacks hit. After that he had trouble writing, as his whole perspective had changed. He no longer cared if the rock band Metallica was going to get money from a company that facilitated the illegal sharing of its songs, and he became embarrassed by the shallow "triumphalism" of his Nation article.

He leans back heavily in the chair behind his desk, which is practically buried in books about culture and politics, like Benjamin R. Barber's Jihad vs. McWorld and Neil Postman's Amusing Ourselves to Death. "The things I used to get worked up about I could no longer care about," he says.

But in the months after September 11, he started to find a new theme. "There were all these panicky stories about terrorists using libraries," he says. He saw policy makers clamping down on technology with the USA Patriot Act and the proposed Total Information Awareness program, a huge database that would have tracked Americans' electronic lives. While working in a library, he says, "I started thinking about the role of libraries and the value of openness."

Mr. Vaidhyanathan says he is ready to give up his stake in intellectual-property scholarship and move on. But he plans to continue engaging the themes of politics, culture, and control well into the future -- his next book will be "a technocultural history of voting," to be published in time for the 2008 election. The book will very likely address voting in developing countries, the 2000 Florida recount, and the Diebold controversy, in which a voting-machine manufacturer tried to shut down Web sites that posted its memorandums about machines' security lapses.

"Voting technology fails all the time, but you never know it because most elections aren't close," he says, adding that his book will examine how Americans put faith in technology to mediate the country's most important decisions.

"I get frustrated sometimes with the fact that I spend way too much of my time worrying about the music industry, which I don't think has that much influence on the world," Mr. Vaidhyanathan says. "I see the ballot book as a nice meeting place of a variety of my interests -- democracy, technology, information control, software, all coming together in a way that has the greatest possible influence on the real world."

'CULTURE IS ANARCHISTIC IF IT IS ALIVE AT ALL'

Siva Vaidhyanathan, in his own words, from The Anarchist in the Library (Basic Books, 2004):

"The hacker ethic rests on openness, peer review, individual autonomy, and communal responsibility. Anarchism built the Internet. But the threat of anarchy has launched a decade-long effort to rule it and rein it in. The outcome of this battle is far from clear, but the battle itself has damaged the progressive potential of this powerful communicative network of networks."

"If books became streams of data rather than objects for sale, they could be metered, rendering libraries superfluous or relegating them to vendor status. There would be nothing 'public' about them. ... A patron would enter a credit card or debit card to access databases of text, music, video, or facts. The computer would charge the card by the minute or the megabyte. ... The emerging pay-per-view regime could signal the death of the liberal Enlightenment project and thus the public library itself."

"Culture is anarchistic if it is alive at all. ... Anarchists believe that culture should flow with minimal impediments. Oligarchs, even if they are politically liberal, favor a top-down approach to culture with massive intervention from powerful institutions such as the state, corporations, universities, or museums. These institutions may be used to construct and preserve free flows of culture and information, but all too often they are harnessed to the oligarchic cause, making winners into bigger winners and thus rigging the cultural market."

http://chronicle.com
Section: Information Technology
Volume 51, Issue 13, Page A29

November 14, 2004

Eyewitness Description of Falluja

From the BBC:

Eyewitness: Smoke and corpses
US troops, backed by Iraqi forces, are locked in a fierce fight to wrest the city of Falluja from rebel control. The BBC News website spoke by phone to Fadhil Badrani, an Iraqi journalist and resident of Falluja who reports regularly for Reuters and the BBC World Service in Arabic. We are publishing his and other eyewitness accounts from the city in order to provide the fullest possible range of perspectives from those who are there:

A row of palm trees used to run along the street outside my house - now only the trunks are left.

The upper half of each tree has vanished, blown away by mortar fire.

From my window, I can also make out that the minarets of several mosques have been toppled.

There are more and more dead bodies on the streets and the stench is unbearable.

Smoke is everywhere.

A house some doors from mine was hit during the bombardment on Wednesday night. A 13-year-old boy was killed. His name was Ghazi.

I tried to flee the city last night but I could not get very far. It was too dangerous.

I am getting used to the bombardment. I have learnt to sleep through the noise - the smaller bombs no longer bother me.

Without water and electricity, we feel completely cut off from everyone else. I only found out Yasser Arafat had died because the BBC rang me.

It is hard to know how much people outside Falluja are aware of what is going on here. I want them to know about conditions inside this city - there are dead women and children lying on the streets.

People are getting weaker from hunger. Many are dying from their injuries because there is no medical help left in the city whatsoever.

Some families have started burying their dead in their gardens.

There has been a lot of resistance in Jolan. The Americans have taken over several high-rise buildings overlooking the district. But the height has not helped them control the area because the streets of Jolan are very narrow and you cannot fire into them directly.

The US military moves along the main roads and avoids the side-streets. The soldiers do not leave their armoured vehicles and tanks. If they get fired on, they fire back from their tanks or call in air-strikes.

I saw some Iraqi government soldiers on the ground earlier. I don't know which part of the country these soldiers are from. They are definitely not from any of the western provinces such as al-Anbar. I have heard people say they are from Kurdistan. They are well co-ordinated. When the US forces pull back from an area, the Iraqi soldiers will take over there.

Santorum Family Values

From the Rittenhouse Review:

According to the Associated Press ("Paying for Santorums' School Costs Questioned," by Jennifer C. Yates), Sen. Santorum in 1997 bought a two-bedroom house in Penn Hills, a small town west of Pittsburgh, for $87,800.

Right off the bat that simple statement should raise eyebrows. As you know, Sen. Santorum has a large family: a wife and six children. It's a hard fact to miss given the senator mentions his family at every opportunity and they often travel together around the state. ...

The question some in Penn Hills have raised is not whether Sen. Santorum is adequately caring for his progeny, but rather whether he's sticking his neighbors with the hefty tab associated with the kids' private, home- and road-based education. You see, since 1997 the Penn Hills school district has paid $100,000 for the senator's children to "attend" the Pennsylvania Cyber Charter School, an internet-based educational outfit.

The crux of the matter is that it's doubtful the Santorums ever -- or ever planned -- to live in the town whose taxpayers are paying his tuition bills. According to the A.P., "Santorum's spokeswoman, Christine Shott, said she did not know whether the senator and his wife, who have six children, had ever stayed in the two-bedroom house they own in Penn Hills." In the same article Shott says she doesn't know and can't comment on whether the family ever stayed at the home or rented it out.

More likely, of course, the Santorum family lives in another house entirely: a home in Leesburg, Va., assessed at $757,000 this year. The Santorums pay taxes in both locales, but Pennsylvania law requires the school district in which a student lives to pay the tuition charged by cyber charter schools. Virginia makes no such requirement. So Sen. Santorum has himself a pretty good deal here: Pay the property taxes on a modest, forgotten little Pennsylvania house and let others worry about the cost of the "free-market" choice he's made for his children's education.

Penn Hills school board member Erin Vecchio has asked school superintendent Patricia Gennari to conduct a formal review this week.

More Silliness

Use this to mess with a computer techie. Use this to serenade one.

The Gender Genie Correctly Guessed I Am Female

But it was a close call! Try it out yourself by submitting a writing sample here.

South Carolina had the nation’s highest violent crime rate last year

See e.g. this article, excerpt below:
...
The Palmetto State recorded nearly 800 murders, rapes, robberies and serious assaults per 100,000 residents in 2003, a State newspaper analysis of FBI and State Law Enforcement Division reports found. The state also had the highest per-capita violent crime rate in the U.S. in 2002, ranked fifth in 2001, and ranked second in 2000 and 1999, the data showed.

State officials say the high rankings come largely because South Carolina has a better reporting system than other states.

Serious assaults primarily have driven South Carolina’s high rankings. The state led the nation last year in aggravated assaults per 100,000 residents.
...
Among South Carolina’s largest cities last year, Myrtle Beach had the most violent crime, with 250 crimes per 10,000 residents, followed by Spartanburg, Sumter, Florence and Rock Hill. Columbia, the state’s largest city with 117,000 residents, ranked sixth.

Horry County led in the overall number of total violent and property crimes per resident, with property crimes primarily driving that rating. Myrtle Beach police chief Warren Gall and Greg Hembree, the solicitor for Horry and Georgetown counties, attributes Horry’s ranking to the area’s large number of tourists. “If this place were as bad as these statistics are seeming to say, would we consistently have these 13 million visitors a year?” Gall asked.

Hembree said his office determined that when tourists are accounted for, the county’s rate drops from 834 crimes per 10,000 residents to 633 per 10,000.

South Carolina’s violent crime rate last year was more than 1.5 times higher than the rates in neighboring North Carolina and Georgia, which ranked 20th and 21st, respectively, in the newspaper’s study. North Carolina and Georgia’s rates were nearly identical with the overall U.S. rate.
....

It's because we have better reporting! No, it is because of the Myrtle Beach tourists! Sheesh. So much for taking responsibility, "moral values" red state that we are.

November 13, 2004

Peanut Butter Jelly Time

Silly but funny song and dance here.

Question for Gonzales

A Question For Gonzales
About that juror disclosure form ...

By Timothy Noah
Posted Friday, Nov. 12, 2004, at 12:50 PM PT
Slate.com

Here's a question I'd like to see someone ask Alberto Gonzales at his confirmation hearing for the post of attorney general:

In October 1996, President Bush, then governor of Texas, was summoned to jury duty in Austin. Gov. Bush boasted to the press that he did not intend to use some "feeble excuse" to avoid jury duty. But when Gov. Bush showed up at the Travis County Courthouse, he was assigned to a drunk-driving case. As the public would learn four years later, the governor had once been busted for drunk driving in Maine.

As Gov. Bush's general counsel, Mr. Gonzales, you moved quickly to persuade the judge in chambers that Gov. Bush, despite his public statements, was ineligible on the grounds that he might later be in a position to pardon the person being tried (even though this is not an offense for which people typically request or receive pardons). In retrospect, it seems pretty clear that the reason for Gov. Bush's change of heart was that you advised him that he was sure to be asked during voir dire whether he'd ever been involved in a drunk-driving incident. The judge accepted your clemency argument, dismissed Gov. Bush from jury duty, and inadvertently kept Gov. Bush's secret safe. Later the defense attorney, David Wahlberg, told Texas Monthly that you "snookered all of us."

When Gov. Bush appeared that day for jury duty, he did not fill out the part of the jury questionnaire that asked him to list any previous convictions. When this was revealed in the press in 2000, Bush's presidential campaign claimed that the form had been filled out by a gubernatorial aide. My question is this: Did you instruct Gov. Bush, or one of his aides, to leave that part of the jury questionnaire form blank? If so, was that consistent with your duties as an employee not of George W. Bush, private citizen, but of the state of Texas?

Election Irregularities and the Media

Beyond "conspiracy theories," election irregularities get scant media attention
From Mediamatters.org:

On November 9, the Los Angeles Times reported a voting irregularity during the November 2 presidential election in Youngstown, Ohio, where equipment initially recorded a negative 25 million votes for one precinct. In the 24 hours following the story's appearance, only one television news show -- MSNBC's Countdown with Keith Olbermann -- mentioned the incident.

Though articles about the prevalence of Internet-based "conspiracy theories" regarding voting irregularities have appeared in several major newspapers -- including The New York Times, The Washington Post, and The Boston Globe -- these articles focused on general speculation about voter fraud rather than on the voting irregularities that actually occurred. Media Matters for America previously noted the failure of most television and cable news networks to report on the glitch in one suburban Ohio town's electronic voting system that resulted in 3,893 extra votes for President George W. Bush; the three media outlets cited above did cite that glitch as an incident that has fueled speculation about vote fraud, but each ignored the negative-25-million-vote episode and other irregularities.

National Public Radio Washington correspondent Pam Fessler touched on "the minus-25 million votes that showed up on a cartridge in one Ohio precinct" in her November 12 report on electronic voting irregularities on NPR's Morning Edition. Fessler also recounted the story of an Ohio voter who "pressed the box for John Kerry" and was forced to seek assistance from a poll worker when the machine indicated a vote for Bush. Fessler noted that the voter "worries about all those who didn't get such help" and that, "[i]n fact, there were dozens of reports last week about voters pressing one candidate's name on an electronic touch-screen machine and having another name recorded."

In her November 12 column in The Washington Post, titled "Worst Voter Error Is Apathy Toward Irregularities," columnist Donna Britt outlined how newsworthy reports of voting irregularities have been largely ignored by the media:

[T]he much-publicized voting-machine error that gave Bush 4,258 votes in an Ohio precinct where only 638 people cast ballots preceded a flood of disturbing reports, ranging from the Florida voting machine that counted backward to the North Carolina computer that eliminated votes. ... Much of the media dismisses anxiety over such irregularities as grousing by poor-loser Democrats, rabid conspiracy theorists and pouters frustrated by Kerry's lightning-quick concession. ... The point isn't just which candidate won or lost. It's that we all lose when we ignore that thousands of Americans might have been discouraged or prevented from voting, or not had their votes count.

And on the November 9 edition of MSNBC's Countdown with Keith Olbermann, host Olbermann asked Congressional Quarterly columnist and MSNBC political analyst Craig Crawford if "every news organization [gave] up on this story the moment John Kerry conceded the election?" Crawford offered this perspective:

The glib answer, which is part of the truth, is I think everybody was tired after that election. And it was a grueling one. And so, since John Kerry -- and this is the second factor -- since John Kerry conceded, then there wasn't the great desire to run out to Columbus or wherever and try to figure this stuff out. And the concession is the key, because we're often wimps in the media. And we wait for other people to make charges, one political party or another, and then we investigate it. But this is the time to do this. There's still time before the results are certified. It doesn't mean it will change the outcome, but it is good, and I congratulate you for looking at some of these irregularities.

Plagiarism is Illuminated

Just read "Everything is Illuminated" by Jonathan Safran Foer (Perennial 2002) and it contained this interesting passage (p. 206):

God loves the plagiarist. And so it is written, "God created humankind in His image, in the image of God He created them." God is the original plagiarizer. With a lack of reasonable sources from which to filch -- man created in the image of what? the animals? -- the creation of man was an act of reflexive plagiarizing; God looted the mirror. When we plagiarize, we are likewise creating in the image and participating in the completion of Creation.

I posted this because one of the tenets of the "low barrier" copyright protection philosophy is that we all copy from others, that is a major part of the creative process, so the idea that God also "copied" is both amusing and instructive.

November 12, 2004

Can't Make Up Stuff This Bizarre

High school students pose threat to President with Dylan lyrics
by Katharine Mieszkowski, from Salon.com:

There's nothing like sparking a hysterical visit by the Secret Service to your high school to confirm every worst suspicion that a teenager could have about the idiocy of adults.

The members of "Coalition of the Willing," a band of students from Boulder High School, plan to sing Bob Dylan's "Masters of War" at the school talent show tonight. But when rumors surfaced on local talk radio that the band had changed the lyrics of the song during a rehearsal to threaten to kill the President, the feds were called in, according to multiple local and national news reports.

The lyrics of the anti-war anthem include: You might say that I'm young / You might say I'm unlearned / But there's one thing I know / Though I'm younger than you / Even Jesus would never / Forgive what you do

And the song ends:

And I hope that you die / And your death'll come soon / I will follow your casket / In the pale afternoon / And I'll watch while you're lowered / Down to your deathbed / And I'll stand o'er your grave / 'Til I'm sure that you're dead.

The students maintain they just rehearsed the song as its written. The Secret Service reportedly stayed at the school about 20 minutes on Thursday, and took a copy of the song's lyrics with them when they left, satisfied that President Bush was not in danger from them.

....

Must See TV for Chickenhawks

The rest of us might benefit too. Last Letters Home: Voices of American Troops from the Battlefields of Iraq, read by the families of ten men and women killed in action. More info here.

Biblical Law and Order

This article from the 11/28/03 Boston Phoenix (accessible here) got circulated via e-mail quite a bit but is probably worth posting here:

BIBLICAL SENSE
Making marriage religious
BY MARY-ANN GREANIER


Since the Massachusetts Supreme Court ruled last week that same-sex couples should be allowed to wed, many commentators have reiterated their belief that gay and lesbian couples should be excluded from marriage for religious reasons. But why stop there? If marriages recognized by the Commonwealth must be based on biblical principles, then it’s clear more changes to the law are needed. Below are seven suggested amendments to the Massachusetts Constitution that would bring Bay State family law in line with the Bible.

• Because Jacob and David each had more than one wife, marriage in Massachusetts shall consist of a union between one man and one or more women of his choosing (II Sam. 3:2-5; Gen. 29:17-28).

• A marriage shall be considered valid only if the wife is a virgin. If the wife is found not to be a virgin, "they shall take her to the door of her father’s house and her fellow citizens shall stone her to death" (Deut. 22:13-21). (Here, Governor Romney’s resurrection of the death penalty will come in handy.)

• As Rehoboam, David, and Solomon all possessed concubines, a married man in Massachusetts shall also have the right to keep concubines in addition to his wife or wives (I Kings 11:3; II Sam. 5:13; II Chron. 11:21).

• When Moses said, "Every one of you must put to death those of his people who have committed themselves to the Baal of Peor," he was forbidding the marriage of a believer to a nonbeliever (Gen. 24:3; Neh. 10:30).

• Christ said, "What God has united, man must not divide." Therefore, neither the Constitution nor any state law of the Commonwealth of Massachusetts shall permit divorce (Deut. 22:19; Mark 10:9-12).

• If a married man dies childless, the widow must not marry a stranger outside of the family. Instead, the dead man’s brother must marry the widow. If the brother refuses to marry the widow or refuses to give her children, the law shall fine him one sandal, and he will be forced to go about wearing one sandal for the rest of his days, and he shall be called the Unshod One of Massachusetts (Deut. 25:5-10; Gen. 38:6-10).

• If there are no acceptable men to be found in the town, a woman shall ply her father with wine and have sex with him in order to produce progeny to carry on the family name (Gen. 19:31-36).

No wonder so many of the "moral values" voters have such interesting personal lives!

B.J. University

Text of an Associated Press article available at Salon.com.

Nov. 12, 2004 | GREENVILLE, S.C. (AP) -- Bob Jones III, president of the fundamentalist college that bears his name, has told President Bush he should use his electoral mandate to appoint conservative judges and approve legislation "defined by biblical norm.''

"In your re-election, God has graciously granted America -- though she doesn't deserve it -- a reprieve from the agenda of paganism,'' Jones wrote Bush in a congratulatory letter posted on the university's Web site.

"You have been given a mandate. ... Put your agenda on the front burner and let it boil. You owe the liberals nothing. They despise you because they despise your Christ,'' said the letter, dated Nov. 3.

A White House spokesman said he didn't know whether the president had seen the letter.

Jonathan Pait, a spokesman for the university, said the letter was placed on the school's Web site because Jones had read it to students in chapel and many told their parents about it. He said Thursday that Jones had not received a response from the White House.

Pait said it would be a misreading of the letter to think that ``everyone who voted for the Democrats is a pagan'' or that "if you voted for John Kerry you are a despiser of Christ.''

"For example, there are those who voted for John Kerry because they opposed the war in Iraq,'' Pait said. ``Dr. Jones did not intend to paint everyone with that broad a brush.''

Jones wrote that Bush will "have the opportunity to appoint many conservative judges and exercise forceful leadership with the Congress in passing legislation that is defined by biblical norm regarding the family, sexuality, sanctity of life, religious freedom, freedom of speech and limited government.''

In February 2000, Bush spoke at Bob Jones University when he was running for his first term in the White House. At the time, the school banned interracial dating and included anti-Roman Catholic material on its Web site.

The private Christian college has since dropped the dating ban but still maintains on its Internet site material questioning Catholicism.

Bush came under fire for the visit but defended it. He later wrote Cardinal John O'Connor of New York to apologize.

Iraqi Elections, for a Change

Bush doesn't seem to understand the structure of the government ostensibly being formed in Iraq. From Sadly, No (citing to article in the LA Times):

"Well, I'm confident when people realize that there's a chance to vote on a president, they will participate," President Bush said Wednesday when asked whether the participation of Sunni Muslims would be necessary to make the elections free and fair. [...]
As I reminded our citizens prior to the Afghanistan elections, there's a deep desire in every soul to vote and to be free, and to participate in the presidential elections," he said.

In fact, Iraqis will not choose their president directly. They will be voting to choose a National Assembly of 275 members, which will elect from its members a president and two deputies and write a constitution. [Emphasis added, stupidity in the original.]

The article's headline is "Confusion in White House on Aim of Iraq Election," which seems to be a polite way of saying "President unaware of any facts about the upcoming elections in Iraq."

November 11, 2004

Props to Veterans Everywhere

Years ago I was at a friend's house when a news report came on about the dedication of the Viet Nam War Memorial in Washington, DC, and the friend's usually stone quiet father cleared his throat and said, "I knew at least fifty people listed on that wall."

Here's to you, Mr. K, and to all veterans. "Thanks" is quite insufficient, but it is a start.

Telling the Truth about Gonzales, the Next Attorney General

Jack Balkin nails it:


... He is a team player. It is unclear what his deepest moral convictions are. But however fine a fellow he is, he has done something that is, in my mind, inexcusable. He commissioned and put his name on a series of despicable legal memos that justified torture and prisoner abuse and that tried to avoid America's obligations under international law. In ordinary times, this would in itself be disqualifying. But, alas, these are not ordinary times.

It is time for those who think the Bush Administration has gone too far to stand up to the President, to make the legal case against his Administration's policies and appointments. For years conservatives railed against judicial activism. It is time for liberals to start railing against government officials-- including judges-- who show disrespect for basic Rule of Law values, who flout basic protections of American constitutional law and international human rights law, and who seek to concentate ever greater power in an unaccountable executive. ...


Lockdown in Ohio?


In Warren County, Ohio, election officials took a rather unprecedented action on November 2: They locked down the building where the votes were being tallied, blocking anyone from observing the vote counting process. President Bush won 72% of the vote in the county. We speak with the reporter who broke the story. ...

Check out the transcript of this interview on Democracynow.org.

Eff the FCC

TV stations cancel "Saving Private Ryan"
By Leon Drouin Keith
Salon.com 11/11/04

Several ABC affiliates have announced that they won't take part in the network's Veterans Day airing of "Saving Private Ryan," saying the acclaimed film's violence and language could draw sanctions from the Federal Communications Commission.

Stations replacing the movie with other programming Thursday include Cox Television-owned stations in Atlanta and Charlotte, N.C., three Midwest stations owned by Citadel Communications.

"Under strict interpretation of the rules, we can't run that programming before 10 p.m.," said Ray Cole, president of Citadel, which owns WOI-TV in Des Moines, KCAU-TV in Sioux City and KLKN-TV in Lincoln, Neb.

The Oscar-winning film includes a violent depiction of the D-Day invasion and profanity. "We have attempted to get an advanced waiver from the FCC and, remarkably to me, they are not willing to do so," Cole told The Des Moines Register.

In a statement on the Web site of Atlanta's WSB-TV, the station's vice president and general manager, Greg Stone cited a March ruling in which the FCC said an expletive uttered by rock star Bono during NBC's live airing of the 2003 Golden Globe Awards was both indecent and profane.

The agency made it clear then that virtually any use of the F-word -- which is used in "Saving Private Ryan" -- was inappropriate for over-the-air radio and television.

The Bono case "reversed years of prior policy that the context of language matters," Stone said. He added that broadcaster could not get any clarification from the FCC on whether the movie violates the standard.

Other stations that decided not to air the movie include WGNO-TV of New Orleans, owned by Tribune Broadcasting Corp., and WMUR-TV of Manchester, N.H., owned by Hearst-Argyle Television Inc.

....

"We're just coming off an election where moral issues were cited as a reason by people voting one way or another and, in my opinion, the commissioners are fearful of the new Congress," Cole said.

Terror Threat T-Shirts

From Threatmeter.com!

I AM A LIBERAL!

I can only hope this is satire.

Maureen Dowd on Gonzales as AG

In today's NYT, column entitled "A Moveable Feast of Terrorism," excerpt below:

The president is putting his own counsel, Alberto Gonzales, who wrote the famous memo defending torture, in charge of our civil liberties. Torture Guy, who blithely threw off 75 years of international law and set the stage for the grotesque abuses at Abu Ghraib and dubious detentions at Guantánamo, seems to have a good grasp of what's just. No doubt we'll soon learn what other protections, besides the Geneva Conventions and the Constitution, Mr. Gonzales finds "quaint'' and "obsolete.''

With the F.B.I. investigating Halliburton and the second-term scandal curse looming, Mr. Bush and Mr. Cheney want a dependable ally - and former Enron attorney - at Justice. But since the country is controlled by one party and the press has tended toward the pusillanimous, cowed by the special prosecutor Patrick Fitzgerald as he tries to throw reporters in jail, the White House may be able to suppress any second-term problems.

Tanks Used to Disperse Anti-War Protest in LA

You can see the video here. You can also read about it at the MyDD blog or at Americablog. The tanks were deployed despite the fact that the protest was apparently peaceful.

November 10, 2004

Free Speech on the Web

From the 11/8/04 Seattle Times:

Gripe-site case may craft limits of Web speech

By Charles Odum
The Associated Press

DALLAS, Ga. — When Alan and Linda Townsend were unhappy with the sprayed-on siding applied to their house, the frustrated couple launched a Web site to complain and to give other unsatisfied customers a forum.

Visitor postings to the Web site said the product, Spray on Siding, cracked, bubbled and buckled. For their efforts, the Townsends got slapped with a lawsuit by the product's maker.

The federal case may help shape the boundaries of online speech.

Companies routinely go after individuals when they feel people are maligning them on the Internet. And often, legal scholars say, the Web site's owners don't fight back.

In this dispute, North Carolina-based Alvis Coatings, which supplied the siding product used in the Townsends' $16,721 project, claims the couple's Web site infringes on the company's trademarks, defames its product and intentionally misleads and confuses consumers.

Alvis is seeking more than $75,000 in damages in addition to unspecified punitive damages and attorney fees.

"We could lose everything, including the house, and still be in debt," said Alan Townsend, whose house is valued at around $150,000.

Though neither side was looking for a brawl over speech rights, the lawsuit is headed that way, said Paul Levy, an attorney for Public Citizen, which agreed to help represent the Townsends.

Internet law expert Doug Isenberg of Georgia State University said the courts need to better define free-speech issues for the Internet, and this case could help.

"The right to criticize is certainly protected in general, but it is not unlimited," Isenberg said. "Some of those limits include how you can use someone else's trademark."

The complaint filed by Alvis alleges that the name of the Townsends' Web site, spraysiding.com, "is confusingly similar" to the official Alvis site, sprayonsiding.com, as well as its trademark "Spray on Siding."

Levy argues that the Townsends have the right to use the domain name they purchased.

Courts have provided greater protection to noncommercial sites, such as the Townsends', "but it is not quite so cut-and-dry to say if it is noncommercial use, it's acceptable," Isenberg said.

Judges also weigh whether a person is likely to confuse the gripe site with the real one, said Wendy Seltzer, staff attorney with the Electronic Frontier Foundation, a San Francisco-based civil-liberties group.

A site that bashes a product is not likely to create such confusion, she said.

Companies have threatened scores of criticism sites with trademark infringement and have lost many of the cases that have actually gone to court, Seltzer said.

But most of the time, she said, the site owners simply agree to stop before a lawsuit is even filed. Thus, the boundaries of their rights are never tested.

Having this case and others like it go to court should help better define permissible conduct — and perhaps discourage companies from such threats in the future, if they know they would likely lose, Seltzer said.

The Townsends' Web site has a message board in which other customers comment. Alvis' lawsuit, filed in September in U.S. District Court in Charlotte, N.C., contends the Townsends are responsible for posting the "false, misleading and disparaging" comments on that message board.

A federal law offers some protections to Internet providers for content their visitors post or transmit, and courts have separately held that criticism when framed as opinion is not libelous, legal scholars say.

But like the trademark challenges, many Web-site owners don't bother fighting in such cases, said Deirdre Mulligan, director of the law and technology clinic at the University of California, Berkeley.

Craig Hartman, Alvis' chief operations manager, said his company sued the Townsends only after months of fruitless dealings with the couple.

"We truly want the people who use our product to be satisfied," Hartman said.

Hartman said the company made three "formal generous offers" to the Townsends that were rejected. He said the lawsuit was a last resort.

The Townsends say one settlement offer from Alvis included a gag order barring them from talking about the product and a demand that the couple sell their site's domain name to the company.

They decided they would rather fight so that other potential customers could be better informed about the product.

"As long as this stuff is on our house, we're going to talk about it," Linda Townsend said. "You could say we're very idealistic about this."

Baghdad Burning

The author of the Baghdad Burning blog reacted to the election as follows:

Well, what is there to say? Disappointment doesn't even begin to describe it...

To the red states (and those who voted for Bush): You deserve no better- I couldn't wish worse on you if I tried. He represents you perfectly... and red really is your color. It's the color of the blood of thousands of Iraqis and by the time this four-year catastrophe in the White House is over, tousands of Americans, likely.

To the blue states (and those who were thinking when they voted): Condolences. Good luck- you'll need it.

I'm thinking of offering up the idea of "Election Condolences" to Hallmark or Yahoo Greetings. The cards can have those silly little poems inside of them, like:

Condolences and heartfelt tears-
You get Bush for four more years!

or

Sympathies in advance
For when they reinstate the draft!
We hope (insert_name_here) stays as safe as he/she can
And writes frequently while in Iran!

or

Bush and Cheney- what a pair!
Who said life isn't fair?
While Iraq gets tanks and occupation-
You have idiots to run your nation!

or

Cheer up...
Your son was too young for Afghanistan.
And it's still a bit early for Iran-
But there's plenty of time for Syria...
And he'll definitely serve in North Korea!

I guess justice was too much to ask for.

Election Irregularities

While I don't expect the outcome to change no matter how many voting irregularities are uncovered, I personally hope there is a continued focus on election related issues, even if it gets loud and fractious. The idea that we should "put this behind us" incentivizes bad behavior in the future and is exactly the attitude vote tamperers are counting on. And I think there is evidence of tampering and manipulation that needs to be scrutinized and publicized, which will only happen if there is sustained interest and political pressure. Hopefully Republicans do not need need to be put on the defensive to engage in debate and assist in the disgorgement of data, but maybe they do.

So many pundits across the political spectrum have so eagerly and vociferously opined about what Kerry did wrong, and why Bush was so appealing, and what everything means, that they are almost as invested as the Republican Party in treating the election outcome as legitimate. Many interests are best served by raising questions and concerns in a measured and temperate manner, but I'd much rather rather have stridency and unsubstantiated conspiracy theories than silence on this issue.

Where Do We Go From Here?

A friend in Columbus asks:


Here at Ground Zero in Ohio, we developed a pretty big network for the election. The number of volunteers in my county was amazing. I had one of the leadership roles in the county Get Out The Vote Effort, and I would estimate that I had four times as many volunteers I needed. Now, of course, everyone is despondent, but in most cases, despondency is giving way to anger (I think sadness is no match for the fears of so many people that they will soon be living in Jesusland. Ashland U., here in Ohio, announced today that they will only hire Christians for all jobs). But now, the question has become what to do. The leadership had a meeting a few nights ago, where we were clearly split. Half the group thinks that this huge, out of nowhere collection of volunteers should be directed to joining the Democratic Club, a moribund arm of the county Democratic Party that sponsors, at least in theory, parties, raffles, charity works, etc. I oppose the idea, for various reasons that are not relevant, I suppose. But the big question to me then was, if we don't merge with the club, what do we do? We need to act fast, before the group falls apart. But where are the progressive organizations emerging from this election to coordinate a grass-roots movement? ACT is disbanding. MoveOn shows no interest. Democracy for America might work, but it is closely affiliated with Howard Dean, which might rub people the wrong way. So, we have a huge list of names and addresses of people who gave time and money to help defeat Bush, but no real organization for them. We could start our own group, some kind of county progressive group, I suppose, but there has got to be a better way.

So where are they? Where are the liberal leaders trying to coordinate this outpouring of mass support into a unified movement? Where is our answer to the Christian Coalition? Where do we go from here? Our group is meeting in a month to vote, and I am supposed to speak on behalf of not joining the Dems. But what alternative can I give them?

choir.bmp

Stick Figure Warning Signs

Found this link at the "Uncle Horn Head" blog. Reminds me of the "Schools Are Open" signs they post around here every fall, complete with stick-figures-in-circle-with-slash quite reasonably interpreted as "no little children with lunch boxes."

Was the Election Stolen?

Farhad Manjoo correctly concludes:

In fact, it probably wasn't; Election Day 2004, like all national elections, saw its share of glitches, ineptitude, fraud and intimidation. The Election Incident Reporting System, a national database of election irregularities compiled by volunteers working with various voting-rights groups, lists 30,000 such incidents for 2004. They range from the tragic (a voter who "didn't know how to read") to the alarming ("Two African-American voters were arrested at the polling place before they had the opportunity to vote").

There's little question that the American election process is a mess, and needs to be cleaned up. But even if this particular election wasn't perfect, it was still most likely good enough for us to have faith in the results. Salon has examined some of the most popular Kerry-actually-won theories currently making the rounds online, and none of them hold up under rigorous scrutiny. For instance, there's an easy explanation for the odd results in Cuyahoga County, Ohio, where Olbermann insists there were 93,000 more votes than voters. According to Kimberly Bartlett, a spokeswoman for the county, the reporting software the county uses to display the unofficial summary of election results on its Web site is simply buggy. For some reason, the software combines absentee ballots from several voting precincts into one precinct, and therefore makes it appear as if there were more votes cast in a particular area than there were registered voters there. But this bug does not affect the final election results, because the more detailed "canvass" of all the votes cast in the county shows the correct count, Bartlett told Salon. For example, this canvass indicates that in Fairview Park, where Olbermann says there were 18,472 ballots cast by 13,342 registered voters, there were actually only 8,421 votes cast in the presidential race -- fewer than the number of registered voters.

November 09, 2004

How to Screw Up an Election

As Ed Felten reminds us, offer no paper trail, and you can lose votes forever.

Free, Authorized Country Joe McDonald

Available here, including the incomparable I-Feel-Like-I’m-Fixin’-to-Die Rag. Give me an "F"!

Spiderman Reviews Crayons

Click here, scroll down, and enjoy the fair use!

Must Read

Lawrence Lessig on the Exit Poll Problem.

An Interesting Parody

Beckett, this time. And there is a good summary of parody-as-fair-use at the end of the site.

Thanks to Michael Thomas of Houston for hipping me to this.

Check out Altercation Again Today

I wrote some stuff.

Vote Irregularities

Watch this clip.

"Asexual Stealth Phrases"

CNN reports here that:

A [Texas] State Board of Education member called on textbook publishers to change the wording in health books being considered for use in Texas schools to clearly state that marriage is between a man and a woman.

Republican Terri Leo said certain books attempt to nullify a Texas law banning the recognition of same-sex civil unions by using "asexual stealth phrases" such as "individuals who marry" instead of husbands and wives.

"I want the reader, the child to know that marriage is between a man and a woman," Leo said in a written statement released during a board meeting Thursday.

The 15-member board is scheduled to vote Friday on whether to approve the books for middle and high schools. The decision could affect dozens of states because books sold in Texas, the nation's second-largest textbook buyer, often are marketed elsewhere.

....

If not the "Christian Right" how about the "Christian Wrong"?

Red-State PC: Why you can't call them "the Christian right."
By Timothy Noah
At Slate.com

Conservatives like to chortle about the ever-changing nomenclature for hypersensitive groups within the Democratic coalition. It's not Negro, it's black. No, it's not black, it's Black. No, it's not Black, it's African-American. It's not crippled, it's handicapped. No, it's not handicapped, it's physically challenged. It's not Hispanic, it's Latino. And so on. Those politically correct left-liberals! They're so busy thinking up new names for themselves that they don't have time to win elections!

But on Election Night last week, I discovered that sometime when I wasn't paying attention it had become an insult to call somebody a member of "the Christian right." Early that evening, White House correspondent Terry Moran killed some time during the wait for election results by briefing ABC News anchor Peter Jennings about Karl Rove's strategy of corralling "evangelical Christians." When Moran was finished, Jennings explained why Moran used that term:

"I just want to make one observation about terminology. I'm not sure that you're gonna hear a lot of new terminology this year you haven't heard before, but "evangelical Christian" is what people used to call, unfortunately, the Christian right. Some people call them conservative Christians. But they are those from those churches in America which take the Bible literally."

Unfortunately? What's wrong with calling the Christian right the Christian right? It's unquestionably Christian and invariably conservative. I smelled a gripe session with a disgruntled minister over stale deli sandwiches around a conference table at ABC headquarters in New York.

ABC News did not, at first, appear eager to discuss this. Jennings did not return a phone call I placed to him, and political director Mark Halperin had an assistant call to say he would not comment. Finally, Julie Summersgill, an ABC News spokeswoman, told me that Jennings' comment did not constitute an "editorial statement." (Bafflingly, she also said that in her transcript, the word "unfortunately" did not appear. I had a Slate colleague look it up again, and "unfortunately" was there.)

I'm willing to grant that it is not yet official policy at ABC News to avoid the phrase "Christian right." But, according to Nexis, ABC's World News Tonight hasn't used the phrase, "Christian right," since Jennings expressed his disapproval this past Tuesday, while World News Tonight has used the phrase, "evangelical Christian" or "evangelical" at least three times to describe this voting bloc. (The latter calculation is based on a Nexis search using the search terms "ABC News," "evangelical," and "Bush.")

John Green, a political scientist and director of the Bliss Institute at the University of Akron, examined the views of evangelical Christians, along with those of mainline Protestants and Catholics, in a survey for the Pew Forum titled "The American Religious Landscape and Political Attitudes: A Baseline for 2004." He assured me that the term "Christian right" has, indeed, been shed by the group it's meant to describe. Why? Partly because liberals, after years of hard work, have finally managed to attach extremist associations to the phrase "the right," in much the same way that conservatives many decades ago established that anything "left" was beyond the pale.

But that isn't the whole answer, he said. It turns out that the Christian right has been renaming itself with a frequency that would make Jesse Jackson blush. In the late 1970s, it was the "religious right." Jerry Falwell favored that term, and the media picked it up. Pretty soon, though, members of the movement perceived that the label had, for some mysterious reason, become pejorative, so the "religious right" was renamed the "Christian right." Now the movement is shedding "Christian right," because that term, mysteriously, has become pejorative, too. The new favored term is "the pro-family movement," but that's so overtly propagandistic—secularists are anti-family?—that it hasn't gotten much pickup. Hence "conservative Christian" or "evangelical Christian."

The trouble with "conservative Christian" is that it confuses the question of whether an individual is conservative in his religious practice with the question of whether that person is conservative politically. (Much of the black church, for example, is conservative in the religious but not the political sense.) Similarly, there are politically liberal "evangelical Christians," and there used to be quite a lot more of them. (In Elisabeth Sifton's book The Serenity Prayer, a memoir of her father, the politically liberal theologian Reinhold Niebuhr, Sifton points out that Niebuhr was an evangelical Protestant.) Even fundamentalists (an evangelical subgroup whom Jennings, incidentally, conflated with the broader Christian right) have some political liberals among them. In ditching the term, "Christian right," Green summed up, the Christian right chose to associate itself with the pool of Christians from which it hopes to draw, not the folks who already belong.

That's the good news for liberals. The bad news is that according to exit polls, the large pool of "evangelical/born-again," which represents 23 percent of those who voted for president, went 78 percent for Bush. So maybe these distinctions are starting to break down. Even if they do, I don't see why we can't call these folks "the Christian right."

Quoting Eschaton on Voting Irregularities

Eschaton nails things pretty well here, I think, saying in pertinent part:

"Yes, there are serious problems with the way we count the votes in this country. Yes, no electronic voting machines without paper trails should exist. Yes, all machine counted votes should have random audits to ensure their reliability even if the election isn't thought to be close. Yes, no one should stand in line for 4 hours to vote. Yes, the media should be demanding, and the authorities providing, answers to obviously legitimate questions about various anomalies, such as more people voting in a county than were apparently registered. And, yes, I'm sure I can think of a few more things.

But, irregularities and questionable results are not necessarily "proof" of "fraud" and "proof" that the "election was stolen. " If people want this issue to be taken seriously they need to stop thinking that any of the information floating around right now - and yes, I've seen it all multiple times - provides proof of any such thing. Yes, legitimate questions have been raised, but I fear people on "our side" have started to confuse the legitimate questions with the answers to those questions they've imagined. I'm fully ready to believe that everything was corrupt in Florida, Ohio, and elsewhere, but thinking and knowing are different things entirely.

It is entirely true that there are a sufficient number of either weird or clearly unacceptable things which happened during this election. It's entirely true that the media should be following up more of these stories; the integrity of our democracy is seriously at stake. But, the cause is not helped by touting inconclusive statistical studies as "proof" or screaming "kerry won! kerry won!" every five seconds.

A "smoking gun" may yet appear, but until that time we need to differentiate between legitimate questions and manufactured answers. And, the cause of improving things by '06 is not helped by turning legitimate questions into conspiracy theories."

November 08, 2004

Ten

A short film about the Ten Commandments here. I think an 11th should be added pertaining to thong underwear.

Counterpunch on Voter Fraud

Votes Aren't the Only Thing Missing in Ohio
Media Black Out on Vote Fraud Allegations
By DAVID SWANSON

Below is an excerpt, the full article is here.

"Specific evidence of miscounting has been uncovered. And, despite the national media's near-blackout of the issue, local reporting has documented some of the problems. In fact, although you won't learn it from the corporate media, three members of Congress have asked the General Accounting Office to investigate irregularities with voting machines in the November 2 election. The Congress Members, John Conyers, Jerrold Nadler, and Robert Wexler, cited a few of the problems that have already arisen, including a machine in a single Ohio precinct awarding Bush an extra 3,893 votes, machines in North Carolina losing 4,500 votes, machines in Florida miscounting absentee ballots, and voters in both Florida and Ohio reporting machines registering votes for Bush that were intended for Kerry.

More troubling than these problems and others like them is the fact that much of the electronic vote counting is in the hands of private companies, produces no auditable record, and can easily be tampered with. A leading investigator of this problem, BlackBoxVoting.org, appeared in 23 "mainstream" media articles or transcripts in the weeks leading up to the election, according to a Nexis search, but only one since then, and that was a mention by a caller to a radio show. BlackBoxVoting has not vanished from the media because it's ceased activity. Rather, it's launched the largest series of FOIA requests in history and announced that it believes fraud took place in the election."

Ed Felten on Careful E-Voting Analysis

Needed: Careful E-Voting Correlation Study

Tuesday’s election created lots of data about voting patterns in places that used different voting technologies. Various people have done exploratory data analysis, to see how jurisdictions that used e-voting might differ from those that did not. See, for example, the analysis cited in Joe Hall’s entry over at evoting-experts.com.

As a commenter on Joe's entry ("Jon") notes, voting technology is not the only difference between Florida counties that might account for the observed differences. Counties that used e-voting tend to be larger, more densely populated, and more Democratic-leaning than those that don’t. Perhaps these differences explain the data.

To answer questions like these would require more sophisticated data analysis, probably performed by a person who does such analyses for a living. Such a person could control for differences in voter demographics, for instance, to see whether there is an e-voting effect separate from the kinds of differences cited above. Such a person could also tell us how big the remaining effect is, and whether it is statistically significant.

It would be great if some hotshot social science data analyst would agree to do such a study. I’m sure that the folks out there who have data would be willing to furnish it, and to suggest theories to test.

It’s also worth thinking about what a particular finding would tell us. It’s one thing to find an anomaly in the data; but it’s another thing to explain what could have caused it. If you can point to an anomaly, but you don’t have a plausible story about how a rational election-stealing strategy would have caused that anomaly, then you don’t have strong proof of fraud, no matter how much evidence of the anomaly’s existence you can present.

If real anomalies exist, I think it’s more likely that they’ll turn out to be caused by errors or technology failures than by e-voting fraud. Either way, a careful study of the data might be able to teach us a lot about how well various voting technologies work in practice.

Progessive Geek Humor

Click here.

Florida Miscounts?

Can anyone out there verify these claims? Just to be clear, it seems that "votes for president" does not mean "votes for THE president." It means the sum of Bush plus Kerry plus others.

According to this election problem site:

Broward County
Early Thursday, as Broward County elections officials wrapped up after a long day of canvassing votes, something unusual caught their eye. Tallies should go up as more votes are counted. That's simple math. But in some races, the numbers had gone . . . down.
Officials found the software used in Broward can handle only 32,000 votes per precinct. After that, the system starts counting backward. Why a voting system would be designed to count backward was a mystery to Broward County Mayor Ilene Lieberman. She was on the phone late Wednesday with Omaha-based Elections Systems and Software.


Collier County
Voter Turnout was 127,409. 128,352 votes were cast for president.

Duval County
Voter Turnout was 379,257. 379,614 votes were cast for president.

Glades County
Voter Turnout was 3,446. 4,188 votes were cast for president.

Highlands County
Voter Turnout was 33,996. 41,491 votes were cast for president.

Lake County
Voter Turnout was 123,751. 123,938 votes were cast for president.

Miami Dade County
Voter Turnout was 716,574. 768,553 votes were cast for president.

Okaloosa County
Voter Turnout was 89,485. 89,707 votes were cast for president.

Orange County
Voter Turnout was 386,104. 387,752 votes were cast for president.

Osceola County
Voter Turnout was 63,589. 82,178 votes were cast for president.

Leon County
Voter Turnout was 136229. 136,314 votes were cast for president.

Palm Beach County
Voter Turnout was 452,061. 542,835 votes were cast for president.

Volusia County
Voter Turnout was 209,052. 228,358 votes were cast for president.