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December 31, 2004

Christian Right's Compassion Deficit

Article by Bill Berkowitz at Working For Change, excerpt below (thanks to Rittenhouse Review for posting it):

....It's business as usual at the web sites of the American Family Association, the Family Research Council, the Christian Coalition, Focus on the Family, Concerned Women for America, and the Coral Ridge Ministries.

These powerful and well-funded political Christian fundamentalist organizations appear to be suffering from a compassion deficit. Organizations which are amazingly quick to organize to fight against same-sex marriage, a woman's right to choose, and embryonic stem cell research are missing in action when it comes to responding to the disaster in southern Asia. None of their web sites are actively soliciting aid for the victims of the earthquake/tsunami.
....
Over at the Family Research Council's web site, the powerful Washington, DC,-based family-values lobbying group is outraged that Christians are getting cheated out of Christmas, with two stories, "Is the Grinch Stealing Christmas?" and "Merry BAH HUMBUG-mas!" focusing on this. There are no alerts about the earthquake/tsunami.

At the Christian Coalition's (CC) web site, the organization's president, Roberta Combs, is busy thanking CC supporters for their "time and effort in getting millions of Christian Coalition voter guides (English & Spanish) distributed to your family, friends, churches, Christian bookstores and neighborhoods all across America."
....
Over at falwell.com, the Rev. Jerry Falwell is explaining "The True Meaning of Christmas," recruiting for his new organization, The Moral Majority Coalition, and soliciting cruisers for a late July sojourn aboard the Queen Mary II....

Happy New Year

fireworks.jpg
Give thanks for unknown blessings already on their way.

New Year in Madras

It's been a pretty sedate and somber New Year here in South India. All celebratons were cancelled. The usual barrage of fireworks never ignited. People are still tense and sad.

We had a quiet dinner with family at my uncle's place. We had hoped to watch the annual BBC New Year around the world thing. But BBC was too busy reporting on death and destruction to break for celebrations.

We spent the day checking out how Madras was dealing: Quite well, considering. We saw many small crowds of people waiting for relief supplies. And at St. Thomas Cathedral we visited with some newly homeless children who had received new clothes. Marina Beach cleanup seems to be going very well.

Still, everyone has that dazed look and all conversation works itself back to Sunday morning.

Tomorrow we will visit some temples. Sunday we will drive down the coast to check out more sites and more tsunami damage in Mahabalipurum and Pondicherry. Things are much worse farther south.

2004 is over and good riddance. Outside of Ukraine, Spain, Afghanistan, and India the world got a lot worse. My country led the way with irresponsible and short-sighted leadership. The scars are everywhere.

2005 offers us a chance at redemption. Can we move from this horrifying end of a year to an inspirational beginning? Can we move beyond the provincial, bigoted, and superstitious to a place in which the whole specied comes together for common purposes? Can we recognize that these huge deadly oceans connect all of our fates? Can we be a little less arrogant with each other and with our planet?

Let's bring a little peace to our lives this year. Let's spread love and hope.

Let's be better.

Joe Belk's Movie Picks 2004

Joe Belk here. This is my first post to Sivacracy.

Here's the first draft of my 2004 Best Movies list: yet another disadvantage of being a Blue Man in a Red State is that the best films get here two months late. My favorite film of 2003, The Barbarian Invasions, didn't reach Austin until Leap Day and San Antonio until Spring Break or so. So there's some potentially terrific stuff (the Almodovar and Eastwood films, for example) that won't get here for weeks. But what has arrived has been pretty much over par. It's a small consolation, I know, but a year so disastrous in other ways-- from politics to basketball-- turned out to be a good time to go to the movies.

Best picture
1. Sideways
2. House of Flying Daggers
3. Kill Bill, Volume 2
4. Before Sunset
5. I (Heart) Huckabees
6. The Aviator
7. Hero
8. Maria Full of Grace
9. Finding Neverland
10. Mean Girls
11. The Flower of Evil
12. The Motorcycle Diaries

Best Actress
1. Catalina Sandino Moreno, Maria Full of Grace
2. Julie Delpy, Before Sunset
3. Laura Linney, Kinsey
4. Sandrine Bonnaire, Intimate Strangers
5. Kate Winslet, Finding Neverland

Best Actor
1. Paul Giamatti, Sideways
2. Jamie Foxx, Ray
3. Jamie Foxx, Collateral
4. Leonardo DiCaprio, The Aviator
5. Clive Owen, I'll Sleep When I'm Dead

Best Supporting Actress
1. Virginia Madsen, Sideways
2. Naomi Watts, I (Heart) Huckabees
3. Sandra Oh, Sideways
4. Maggie Cheung, Hero
5. Kirsten Dunst, Eternal Sunshine of the Spotless Mind

Best Supporting Actor
1. Tony Leung, Hero
2. Michael Madsen, Kill Bill, Volume 2
3. Jude Law, I (Heart) Huckabees and The Aviator
4. Peter Sarsgaard, Garden State and Kinsey
5. Thomas Haden Church, Sideways

December 30, 2004

Court Backs Firing of Bartender Who Didn't Wear Makeup

SAN FRANCISCO (Reuters) - A female bartender who refused to wear makeup at a Reno, Nevada, casino was not unfairly dismissed from her job, a U.S. federal appeals court ruled on Tuesday. Darlene Jespersen, who had worked for nearly 20 years at a Harrah's Entertainment Inc casino bar in Reno, Nevada, objected to the company's revised policy that required female bartenders, but not men, to wear makeup. A previously much-praised employee, Jespersen was fired in 2000 after the firm instituted a "Beverage Department Image Transformation" program and she sued, alleging sex discrimination.

In a 2-1 decision, a three-judge panel of the U.S. 9th Circuit Court of Appeals upheld a lower court ruling in favor of Harrah's. All three judges are males appointed by Democratic presidents. "We have previously held that grooming and appearance standards that apply differently to women and men do not constitute discrimination on the basis of sex," Judge Wallace Tashima wrote for the majority.

He cited the precedent of a 1974 case in which the court ruled that a company can require men to have short hair but allow long hair on women. The Lambda Legal Defense Fund, a gay rights group that backed Jespersen's suit, had argued that forcing female employees to have different standards than men was unlawful under rules, known as Title VII, against discrimination on race, color, religion, sex or national origin.

The ruling found, however, that the casino's appearance standards were no more burdensome for women than for men. In a dissenting opinion, Judge Sidney Thomas backed the reasoning of the plaintiff. "Harrah's fired Jespersen because of her failure to confirm to sex stereotypes, which is discrimination based on sex and is therefore impermissible under Title VII," he wrote.

"The distinction created by the majority opinion leaves men and women in services industries, who are more likely to be subject to policies like the Harrah's 'Personal Best' policy, without the protection that white-collar professionals receive," he wrote.

Create an E-Snowflake

Make-a-Flake here.

G.O.P. to Make Ethics Inquiries Harder to Begin

Anyone surprised? NYT story here.

"Desperate Vitality"

After our first day in Madras, Melissa and I got up way too early (time zones, you know) and were whispering about our impressions of this place while my aunt and uncle slept. This is my seventh visit; her first.

She was struck by the signs that life seems fleeting and almost disposable: no one wears helmets or seatbelts when driving motorcycles or cars. Electric transformers sit unfenced and unprotected, just waiting for children to climb up and play on them. Everyone intensely focused on the matters at hand that they barely notice what we read as hazards and threats. She said the streets of Madras are filled with a sense of "desperate vitality."

Yet clearly, life here is dear and precious. There is just so much of it. Everyone is powerfully alive. Losing a couple thousand of your neighbors can remind you pretty fast about that feeling. We went through such feelings a few years back in NYC. But this is a much bigger deal. This tsunami is the sort of event that reminds us how small and fragile we all are. We are very weak little animals in a big, powerful universe. And the universe does not always share our values and plans.

Everyday life continues. The shops are teeming. The horns are honking. The dogs are barking. The children are playing cricket. But conversation everywhere lingers around the events of last Sunday. Everyone has a story. Everyone was touched.

The thing that keeps events in Madras in perspective is the clear fact that Sri Lanka got it worse than we did and that Indonesia got it worst of all.

Life went on for tourists like us as well. We wanted to get to the beach immediately and check out the damage and relief efforts. But the police had closed all the roads. It seems that rumors had spread (by the government and others) that a second tsunami was headed this way on Thursday. So people panicked and ran. Police reacted. No one was hurt, as far as I can tell.

We have some familiarity with governments stirring up panic. But here it seemed like a stupid mistake. There seems no clear way to exploit panic for political gain (unlike in some large countries that will remain the United States). Governments always like to seem like they are doing something, even when there is no imminent threat. Something is better than nothing, they figure. This was ulitmately not a serious situation. But this incident indicates just how tense things are here.

So we could not go to the beach. Instead, as good Americans, we did what our president told us to do in times of crisis: shop.

Melissa and I are obscenely tall. Well, maybe not for the United States and Western Europe. But we stand out here pretty starkly. At least my tan skin gives me a little cover. Mel turns heads. It's pretty funny to watch.

We did some sari shopping and rode around in my uncle's car yesterday. Mel was struck by the intensity of driving in India. The roads are made for bullock carts, not cars and busses. But these days every road is choked with cars. Traffic laws are a mere suggestion. Driving in Manhattan seems like a dream compared to this place.

Today will will survey the beaches and the damage. And we will shop some more.

More soon.

Happy New Year.

December 29, 2004

Huh?

Click here for the website of the world's most dynamic e-business marketing, design and consulting agency. They provide distinct clients with groundbreaking business strategies and cutting-edge designs to aggressively and creatively compete in an changing economy.

Their consulting ideas will entice and excite you. Their professional design solutions will give you the confidence to succeed. And their web site will make you think they know what they are doing.

Their name will confuse you, but, you have to admit, the logo design is pretty cool. And they are good at turning regular words into "e-words," such as "e-consulting," "e-business" or "e-sexual harrassment."

Their office is really modern and they've got nice computers and stuff. If you ever saw it, you'd say "Wow, cool office. These guys are legit."

Hmmm...

Something seems wrong about this.

North v. South Misunderstanding

So picture two friends walking around a small town in New York, ruefully noting all of the shuttered storefronts and general seediness of what was previously a lively, if downscale, main street. Having grown up there, and returned periodically to visit family, they had seen various businesses come and go, and so began naming the enterprises that had operated in particular locations - craft stores, jewelry stores, pizza parlors, a Woolworth's. The Southerner pointed to an empty building and the Northerner said, "That was a porn shop!"

"No," corrected the Southerner, "It was a hock shop."

"It was a porn shop, I remember distinctly," said the damn Yankee, confidently.

"It was a hock shop, a place where you could take your belongings and get cash for them," the Southerner replied forcefully, straining to remain gentile. Having grown up in New York, Southern politeness was not exactly second nature.

"Right, a PORN shop, P-A-W-N, porn!" shouted the North, triumphant again.

The Hallmark Reject Squishily Sentimental Entry

A relative died unexpectedly yesterday, and together with the unbelievable scale of the earthquake/tsunami tragedy, I've been thinking a lot about the fragility of life. At the risk of sounding like a cloying, insipid greeting card, it is so important to recognize and appreciate the good things and good people we are lucky enough to have around us. Think I'll go have a second helping of dessert, too! Wishing Siva and Melissa and anybody else reading this safe travels and lots of joy and laughter, which always seems to surface when most needed.

December 28, 2004

We Will Be in Madras

Barring an official warning about public health emergencies we will be going to Madras this week. So far it seems to be OK for those who were not on the beach (or those who did not lose a loved one on the beach). I will post to Sivacracy.net from there and from Delhi the next week. I might be doing some radio interviews as well. Stay tuned. This is going to be heavy.

Going to Delhi Next Week?

If so, please stop by this lecture series/conference:

The Contested Commons/ Trespassing Publics" - *Public Lecture Series*

The Public Service Broadcasting Trust, the Sarai Programme of the CSDS, Delhi and Alternative Law Forum, Bangalore present a series of three public lectures by world renowned scholars, which examine the fate of the commons after new conflicts over the public domain, and intellectual property.

I. 6th January, 2005 Thursday, 7 pm, Auditorium, India Habitat Center, Lodi Road, Delhi

"Between Anarchy and Oligarchy: The Prospects for Sovereignty and Democracy in a Connected World "*

Siva Vaidhyanathan,
New York University

Information communication technologies have collapsed distances and lowered the price of connections and transactions around the world. We have only just begun making sense of the changes wrought by the new methods and habits fostered by these technologies. But we have no shortage of grand, totalizing visions that aim to capture the changes we are experiencing. In the 1990s we went through a phase dominated by naive visions of globalized monoculture and consensus, with the "end of history" considered to be the apex of "cultural evolution." Since 2001 the world has been viewed by some (Bush and Bin Laden, chiefly) as torn among "Civilizations." Now we hear explicit calls for a new Western imperialism, based on assumptions of universal benevolence. In opposition to such panicked or triumphal calls for a New World Order, Antonio Negri and Michael Hardt have issued a description of a new global anarchistic state of mind ("Empire" and "Multitude") based on the emerging forms of opposition to the mainstream forms of globalized corporate centralization. This paper finds fault with both Bush and Negri. It argues that efforts to create a world polarized on models of oligarchy and anarchy do not enrich most lives in meaningful ways. Instead, this paper argues for a careful consideration of the democratic potential of the new information ecosystems, and points out specific points of hope and models of optimism that can guide our global future toward a more just state, opening possibilities without sacrificing the granularity of the local, the specific, and the experimental.

Siva Vaidhyanathan is a well-known cultural historian, media scholar and public intellectual. He is the author of the classic Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity (New York University Press, 2001)

II. 7th January, 2005 Friday, 7 pm, Auditorium, India Habitat Center, Lodi Road, Delhi

"U.S Path to Wealth and Power: Intellectual Piracy and the making of America"

Doron Ben-Atar
Fordham University

During the first decades of America's existence as a nation, private citizens, voluntary associations, and government officials encouraged the smuggling of European inventions and artisans to the New World. These actions openly violated the intellectual property regimes of European nations. At the same time, the young republic was developing policies that set new standards for protecting industrial innovations. The American patent law of 1790 restricted patents exclusively to original inventors and established the principle that prior use anywhere in the world was grounds for invalidating a patent.

But the story behind the story is a little more complicated - and leaders of the developing world would be wise to look more closely at how the American system operated in its first 50 years. In theory the United States pioneered a new standard of intellectual property that set the highest possible requirements for patent protection-worldwide originality and novelty. In practice, the country encouraged widespread intellectual piracy and industrial espionage. Piracy took place with the full knowledge and sometimes even aggressive encouragement of government officials. Congress never protected the intellectual property of European authors and inventors, and Americans did not pay for the reprinting of literary works and unlicensed use of patented inventions.

What fueled 19th century American boom was a dual system of principled commitment to an intellectual property regime combined with absence of commitment to enforce these laws. This ambiguous order generated innovation by promising patent monopolies. At the same time, by declining to crack down on technology pirates, it allowed for rapid dissemination of innovation that made American products better and cheaper.

Doron Ben-Atar is professor of history at Fordham University and co-director of Crossroads of Revolution to Cradle of Reform: Litchfield Connecticut 1751-1833. He has won numerous grants and awards, including most recently from the Dorothy and Lewis B. Cullman Center for Scholars and Writers at the New York public library. He is the author of numerous articles and a guest speaker on radio and television stations in the New York area. Ben-Atar's books include The Origins of Jeffersonian Commercial Policy and Diplomacy (Macmillan 1993), Federalists Reconsidered (University Press of Virginia, 1998) and Trade Secrets: Intellectual Piracy and the Origins of American Industrial Power (Yale University Press, 2004).

III. 8th January, 2005 Saturday, 7 pm, Auditorium, India Habitat Center, Lodi Road, Delhi


"Magna Carta and the Commons"*

Peter Linebaugh
University of Toledo

Magna Carta has been ignored as a medieval document of little relevance to the modern world at best, or at worst it has been derided as a false facade of liberal intention by Anglo imperialism. Partly as a result of this neglect, fundamental protections against tyranny and aggression have been eroded, such as habeas corpus, trial by jury, prohibition of torture, and due process of law. These cannot be restored without the root and branch recovery of the entire Charter of Liberty which includes the Charter of the Forest. This lost but extraordinary document holds a constitutional key to the future of humanity insofar as it provides protections for the whole earth's commons, particularly its hydrocarbon energy resources, whether these take the form of wood, coal, or petroleum. The key is turned by the women of the planet in Chiapas, Nigeria, India (to name a few places) who have taken the lead in the process of re-commoning what has been privatized and profiteered. Hence, the significance of "widow's estovers" in the Magna Carta as revised after 9/11!


Peter Linebaugh is Professor of History at the University of Toledo in Ohio. He is the author of The London Hanged, co-author of The Many Headed Hydra, an editor of Albion's Fatal Tree, and forthcoming studies of the Irish insurrectionist, Edward Despard, as well as Magna Carta.

He was raised and educated between two empires, British and American. Schooled in London in the 1940s, tested in Cattaraugus (New York) and Muskogee (Oklahoma) during the 1950s, he finished secondary school at the Karachi Grammar School, before matriculating at Swarthmore College, the liberal, Quaker, college in Pennsylvania. Active there in the civil rights struggle, he then removed to Columbia Univesity in New York until anti-war upheavals of May 1968 when, shaking the dust from his feet, he joined E.P. Thompson at the Centre for the Study of Social History at the University of Warwick. An educator who respects the organizer and the agitator, he has published in the Nation, Viet-Report, New Left Review, Times Literary Supplement, Midnight Notes, and his occasional essays may be read on www.CounterPunch. org.


- ALL ARE INVITED -

Reminder: If the Bush Administration Were Your Roommate

In case you missed it when Ann blogged this some weeks ago, here is a brilliant series of short videos from P2P-Politics.org.

Blogging the Tsunami

From the New York Times:

Blogs Provide Raw Details From Scene of the Disaster
By JOHN SCHWARTZ

For vivid reporting from the enormous zone of tsunami disaster, it was hard to beat the blogs.

The so-called blogosphere, with its personal journals published on the Web, has become best known as a forum for bruising political discussion and media criticism. But the technology proved a ready medium for instant news of the tsunami disaster and for collaboration over ways to help.
...
That makes blogs compelling - and now essential - reading, said Dr. Siva Vaidhyanathan, an assistant professor of culture and communication at New York University and a blogger. Once he heard about the disaster, "Right after BBC, I went to blogs," he said.
...
Dr. Vaidhyanathan said he was leaving for a long-planned trip to India today and, if possible, hoped to visit relatives in Madras. "As long as there is electricity and Internet access, I'll blog," he said.

December 28, 2004
THE INTERNET

Blogs Provide Raw Details From Scene of the Disaster
By JOHN SCHWARTZ

For vivid reporting from the enormous zone of tsunami disaster, it was hard to beat the blogs.


The so-called blogosphere, with its personal journals published on the Web, has become best known as a forum for bruising political discussion and media criticism. But the technology proved a ready medium for instant news of the tsunami disaster and for collaboration over ways to help.


There was the simple photo of a startlingly blue boat smashed against a beachside palm in Jaffna, Sri Lanka, at www.thiswayplease.com/extra.html. "Every house and fishing boat has been smashed, the entire length of the east coast," wrote Fred Robart, who posted the photo. "People who know and respect the sea well now talk of it in shock, dismay and fear."


At sumankumar.com, Nanda Kishore, a contributor, offered photos and commentary from Chennai, India: "Some drenched till their hips, some till their chest, some all over and some of them were so drenched that they had already stopped breathing. Men and women, old and young, all were running for lives. It was a horrible site to see. The relief workers could not attend to all the dead and all the alive. The dead were dropped and the half alive were carried to safety."


His postings included a photo of a body on a sidewalk with a buffalo walking by. "It now seems prophetic," he wrote, "for according to the Hindu mythology, Lord Yama (the god of death) rides on a buffalo."


Bloggers at the scene are more deeply affected by events than the journalists who roam from one disaster to another, said Xeni Jardin, one of the four co-editors of the site BoingBoing.net, which pointed visitors to many of the disaster blogs.


"They are helping us understand the impact of this event in a way that other media just can't," with an intimate voice and an unvarnished perspective, with the richness of local context, Ms. Jardin said.


That makes blogs compelling - and now essential - reading, said Dr. Siva Vaidhyanathan, an assistant professor of culture and communication at New York University and a blogger. Once he heard about the disaster, "Right after BBC, I went to blogs," he said.


"This notion that we now have eyes and ears around the world is more than something we've grown accustomed to; we've grown to demand it," he said.


Bloggers at worldchanging.com, some of them living in the affected nations, began chattering immediately after the waves hit and began discussions of ways to help. South Asian bloggers created tsunamihelp blogspot.com to direct people to aid organizations. "I haven't seen this level of people saying, 'You know what? We can do something here. We can connect the pieces,' " said Alex Steffen, who lives in Seattle and edits worldchanging.com. "It's mind-blowing, and it's inspiring."


Howard Rheingold, the author of "Smart Mobs: The Next Social Revolution," about the use of interactive technologies like text-messaging to build ad hoc coalitions, said that using blogs to muster support for aid was a natural next step. "If you can smartmob a political demonstration, an election or urban performance art, you can smartmob disaster relief," he said.


One veteran of the online medium said he was initially "a little disappointed" in the reports he got from the blogs. Paul Saffo, director of the Institute for the Future in California, said that with the widespread use of digital cameras and high-speed digital access, he was expecting to see more raw video and analysis.


He said that upon reflection he realized that it was difficult to get information out of hard-hit areas and that putting digital video online is still the domain of "deep geeks" with significant resources. "This brought home to me just how far we have to go," he said.

Ms. Jardin of BoingBoing said people online often argued about whether blogs would replace mainstream media. The question is as meaningless, she said, as asking "will farmers' markets replace restaurants?"


"One is a place for rich raw materials," she continued. "One represents a different stage of the process."


Blogging from the tsunami, she said, is "more raw and immediate," but the postings still lack the level of trust that has been earned by more established media. "There is no ombudsman for the blogosphere," she said. "One will not replace the other, but I think the two together are good for each other."


Dr. Vaidhyanathan said he was leaving for a long-planned trip to India today and, if possible, hoped to visit relatives in Madras. "As long as there is electricity and Internet access, I'll blog," he said.

December 27, 2004

The Hindu on Relief Efforts

2004122809640101.jpg

One of the best places to get up-to-date information on relief efforts for India and Sri Lanka is the Madras-based English-language newspaper, The Hindu. The paper has also set up a relief fund. But I would still recommend giving to the International Red Cross/Crescent. It directs funds to places in the world that need it most. Many places were harder hit than India was, although Sri Lanka may have suffered the greatest loss of life.

New Blog to Follow/Help with Tsunami Relief

Click here..

The list of instant tsunami blogs is increasing every minute. I will try to link to the best of them.

LATER: Here is another blog that gives ways to help tsunami relief.

WorldChanging is a Good Blog to Follow

From WorldChanging.com

Worldchanging responses to the Tsunami Disasters

Money as a Tool – Finance, Venture Philanthropy, Trade and Economy

The tragedy in Asia has touched many of us deeply. You might be asking yourself, "What can I do?"

We can't claim special insight into this relief effort, but Worldchanging folks and our allies are involved in a bunch of good efforts.

Rohit and Dina helped get Tsunami Help going. Also known as "The South-East Asia Earthquake and Tsunami" page, it has become the best clearing house to be found on the web for information on how to give to relief efforts. One thing everyone can do is spread the word and give wisely and generously according to your means.

One cause we're supporting is AFH's reconstruction fund. As Cameron Sinclair, head of Architecture for Humanity (and Worldchanger), explains:

As with previous natural disasters Architecture for Humanity was contacted by a number of regionally based NGO's for assistance. This morning we have set up a reconstruction fund, via the AFH site, specifically to deal with rebuilding issues.

We are appealing to our newsletter readers not only for funds but local architectural and engineering contacts for possible consultation work. As with all our disaster relief operations we are committed to zero overhead and admin. costs.

All design/consulting services are being donated pro-bono and we are communicating with potential partnerships, like we did in Bam, with locally based NGO's that will use locals in the rebuilding process.

Finally, some allies have sent email saying they are working on putting together a site explaining how people in South/ South-East Asia who want to work directly on relief/ reconstruction efforts can most effectively get involved. We'll post as more info becomes available.

(Related news: ReliefWeb, a UN Office for the Coordination of Humanitarian Affairs project, has created a rapidly-updated list of reports about the quake and tsunami, with a focus on relief efforts. )

Indian Fishermen Save Hundreds

Boing Boing reports.

Boing Boing also has a great list of bloggers from around the Bay of Bengal and Southeast Asia who are reporting live on the disasters and relief efforts.

Heading to India

Melissa and I are going to India on Tuesday. Our plans have been complicated by the tsunami that hit Madras on Sunday. We are undecided about whether we will stay in Delhi for the whole trip or continue on to Madras. We will be back 8 January.

We are of many minds about visiting Madras. I feel like I grew up on Elliott Beach and Marina Beach. I spent many early mornings of my childhood watching the fishermen launch their wooden sailboats in the golden-orange dawn over the Bay of Bengal. Now I fear all those fishing villages are gone. So part of me very much wants to go see what happened, check out the relief efforts, maybe even lend a hand.

On the other hand, Madras will be a mess. Cholera and typhoid are certain to break out. Sewage will be everywhere. Fresh water will be precious. It will be no place for American immune systems.

I am relieved to report that my uncle, who lives just a half-mile from the beach, is OK. I very much want to see him. But he might have no time to entertain us now.

We will make up our mind later today. I hope to post to this blog from India.

Regardless, please consider that the earthquake the tsunami constitute perhaps the largest natural disaster in a century. Many millions will suffer for many months. Please give to the International Committee of the Red Cross. The committee does so much important work everywhere in the world.

More soon.

December 25, 2004

The Women in Blogging Reader

As written by Utopian Hell, reposted here because it *so* deserves to be read:

It is time once again to step back and look at that subject we love to hate: Women in Blogging. For those of you keeping score at home, about once every three months someone brings up the question on his blog (I’ve yet to see a woman do this) as to why there aren’t more women blogging about X. The conversation spills on and on into page after page of comments, all of which hash over the same points.

So, as a public service to every progressive male out there that suddenly decides he needs to address the reason why his progressive web site is run by white men, or why he doesn’t link to many women, I’ve put together this reader. In it, you will find all of the arguments used, and all of the excuses painted as to why there aren’t more women bloggers. Please, if you feel the need to rehash this issue yet again, follow the reader and come up with something new.

After reading through countless comment threads and watching how this argument flows, I’ve managed to knock it down to five basic categories of reasons. If you have something that I’ve missed, please feel free to leave it in a comment.

Interest
Women aren’t interested in X.
Women don’t write about X enough on their blogs.
Women don’t create blogs that are single-topic.
Women’s issues aren’t talked about enough in politics.

Interest is often the reason first trotted out, either in the beginning comments, or in the post itself. It is the first and easiest grasped-at reason, but is sadly wrong. If you’re a woman and you read these things long enough, you start to wonder just what women are interested in. Apparently, we’re not interested in politics, economics, academia, video games, programming, engineering or sports. In fact, all it takes for women to ‘not be interested’ in something is for it to be made some sort of guy thing.

Yet, this is solidly untrue. My blogroll, alone, is chock full of women interested in many of the things listed above, and that’s just the tip of the iceberg. There are other blogrolls that contain many, many, MANY more. This is a cop-out, and an underhanded way of saying that women are only interested in fashion, shopping and babies.

This is often then pared down to the assertion that women’s issues aren’t discussed enough in politics, which is actually quite true. Unfortunately, men in politics perpetuate this, and tend to lump things under ‘women’s issues’ that are really everyone’s politics. Feminism is not a bad word, and it isn’t a soft subject, either. Feature discussions about abortion, the wage gap, glass ceilings, old boy’s clubs, classism, sexism, and racism and you’re sure to get more women readers and commenters. What’s more, they’ll stay on for the other things. It’s important to note that these subjects aren’t fluff subjects.

Not if you’re serious about women, that is.

Writing Style
Women don’t stick to one topic.
Women add personal touches to their blogs.

What gets me about this particular argument is that it’s not really a gender-based argument, but more of a blogging-style based argument. This is typically brought up by bloggers who are much more interested in pretending to be journalists than they are interested in actually taking part in the informal act of blogging. To them, any site that delves into any personal stories doesn’t deserve to be counted as a site about their subject.

Somehow, this has come to be a gender thing. More women, apparently, use their blogs as sounding boards not only about politics, but how politics affect their personal lives, and men find this somehow repulsive. I’ve seen men who write about their personal lives just as much as women who write about their personal lives. This is a writing-style issue, and it isn’t a gender issue. If you narrow the qualifications enough, it will be hard to find a diversity of people.

The top two categories allude not-so-gracefully to the next category.

Domestic Concerns
Women don’t have time.
Women write about children and baking too much.
Women are too practical.
Women don’t have many hobbies.

Some supposedly enlightened men like to make the argument that women have less time to do this, and if only they’d have more time away from balancing their career and domestic issues, they’d be able to blog more. They do this in a way that makes it seem as if they’re bucking up their sisters in the blog world by applauding all of the hard work they do, then get befuddled when they get soundly and completely eviscerated by women in the comments section.

Somewhere, somehow this draws on deeper stereotypes that fuel the two categories above this one. Men aren’t interested in cookie recipes, so they don’t link to women’s blogs. Men aren’t interested in reading about Timmy’s cold, so they don’t link to women’s blogs. Men don’t find that women who write about abortion or feminism are writing about politics, so they don’t link to women’s blogs.

For those of you that might be too dumb to realize this, these are all stereotypes of what women are, and they are very hurtful to women. Acknowledging the stereotype does nothing other than perpetuate it, so if you really are interested in helping the world be a bit more of a balanced place, then do us all a favor and shut the fuck up.

Often, this category comes with flavored comments describing how boys were always interested in building model airplanes while girls were interested in playing house. This is fueling a stereotype about gender and it instantly alienates any women who share your interests. If you truly want more women readers/writers, then steer away from this category all together.

Like Attracts Like
Men link to other men, women link to other women.
Most of the ‘top blogs’ are males.
Men don’t have time to look at their blogrolls.

This is one of those little truths that you don’t actually want to every address. Yes, men have a tendency to group with men, and women have a tendency to group with women. HOWEVER, women around the blog world have already noticed this and have carefully started linking to more men so as to lead by example. If you bring this up, you’re pointing a huge neon arrow at yourself as someone who didn’t do that, and you open yourself up to a great deal of criticism by women.

Whether or not this is true, it’s a big, fat excuse. If you want to bring this up, you’d best bring it up in a post that also goes on to describe how you, yourself, have started paying more attention to how many links of each gender you’re putting out there.

Competition/Aggressiveness/Self-Esteem
Women don’t compete like men do.
Women aren’t as aggressive as men are.
Women lack the self-esteem to be criticized.

I can’t tell you how many comments and blog posts I’ve read talking about why it is that men are called on in classrooms more than women. Men are more aggressive, men take more chances. Men aren’t afraid of being criticized. Men aren’t afraid to make assertions, whereas women just ask questions. So on and so forth. Every one of these comments is designed to make men look more ‘manly’, and women look more wimpy.

The blogging world isn’t really the dog-eat-dog world that people make it out to be, and for the record I’ve never seen a man take gracefully to someone criticizing his work in a blog comment. Avoid this ‘reason’ at all possible costs. It’s nothing more than a group of stereotypes dressed up and trotted out to dance as some real reason.

Ultimately, the ‘reason’ that there aren’t many women blogging is that men don’t want to take the time to look for them, or categorize them out of their field of vision. If you’re a man, and you’ve come to the conclusion that you need to start paying more attention to the women, then start by looking for them. You’ve found one, and through me you can find others. There are whole blogs that are dedicated to women who write blogs.

You’ll notice I haven’t linked to any of them in this post. Go find them. The biggest excuse I’ve heard yet is that serious bloggers don’t have time to go through their blogrolls, get rid of the dead blogs, and try to make an effort to even out the gender ratio. If you have enough time to write complicated essays about why it is that less women blog about your subject, then you have enough time to go and find more of the ones that do.

I’ll end this by saying this … don’t post the question, and don’t post your reason. Don’t do it if you’re a man, and don’t do it if you’re a woman. Just don’t do it. All of the above are reasons why there aren’t more women bloggers, but the biggest reason is because we continue to constantly enforce stereotypes by giving them attention. Don’t stoop to the level of the stereotypes by airing them and giving them a bunch of attention. Instead, find a woman blogger and feature her on your blog today, then start asking the harder question…

Basic Books Does Good

Lawrence Lessig has announced that he will be revising his brilliant work Code and Other Laws of Cyberspace (Basic Books, 1999) via an open-source process and a Wiki. He invites your comments on the revisions.

So here's something cool that I'm happy to be able to announce. Five years ago, I published Code. It's time for an update. But rather than update in the old fashioned way, Basic Books has agreed to the following:

Beginning in February, we'll be posting Version 1 of Code to a Wiki. "Chapter Captains" will then supervise updates and corrections. Depending upon the progress, sometime near June, I will take the product and edit and rewrite it to produce Code, v2. The Wiki will stay live forever (under a Creative Commons license). The edited book will be published in the fall. I have donated my advance for Code, v2 to Creative Commons. All royalties beyond the advance will be donated as well.

Anonymous Lawyer

NYT article about the Anonymous Lawyer blog available here, excerpt below:

....Hilarious, poignant, maddening (even the readers chide one another for their high-priced whining), the blog, which began appearing in March, has become an anonymous, online 24-hour confessional for disaffected associates at large, elite law firms around the country. (Many comments are posted late at night when, presumably, the readers are still at the firm.) ....

For his course on the law firm as a business organization, Professor Henderson cites Anonymous Lawyer quoting an early morning e-mail message from an associate: "I just gave birth to a daughter this morning at 4:13 a.m. So I will not be at the office today. I will be checking my BlackBerry throughout the day, so feel free to let me know if you need anything.

To The Extent Jesus Was Politically Active...

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Anonymous Donors Thwart Censorship

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Bush Monkey Picture Shown on Giant Billboard

NEW YORK (Reuters) - A portrait of President Bush using monkeys to form his image that was banished from a New York art show last week amid charges of censorship was projected on a giant billboard in Manhattan on Tuesday. "Bush Monkeys," a small acrylic on canvas by Chris Savido, created the stir last week at the Chelsea Market public space, leading the market's managers to close down the 60-piece show.

Animal Magazine, a quarterly arts publication that had organized the month-long show, said anonymous donors had paid for the picture to be posted on a giant digital billboard over the entrance to the Holland Tunnel, used by thousands of commuters traveling between Manhattan and New Jersey.

The original picture will be auctioned on eBay, with part of the proceeds donated to parents of U.S. soldiers wishing to supply their sons and daughters with body armor in Iraq. Secretary of Defense Donald Rumsfeld came under fire from soldiers in Kuwait earlier this month who complained that they had to use scrap metal to armor their vehicles.

"Many of my friends are over in Iraq," Savido said in a statement. The painting offers a likeness of Bush but the image is made up of monkeys swimming in a marsh. It was originally priced at $3,500 in the show's catalog. Organizers expect more than 400,000 drivers to see the billboard each day for the next month.

Pirate Radio Station Calling For Protests of Inauguration

Story here, excerpt below:

An unauthorized radio station in the nation's capital called for "massive protests" in the week leading up to the January 20 presidential inauguration.
The station broadcast Wednesday at 1680 AM and identified itself as "Guerrilla Radio, WSQT."

During the identification message, an announcer said, "WSQT is a project of urban activists in the D.C. area working on housing issues, homeless issues, issues of war, issues of occupation both at home and abroad, and issues of the environment that we all have to live in."
....

A number of anti-Bush groups have planned protests around Inauguration Day. Organized events range from demonstrators turning their backs on President Bush to war protests.

The anti-war, anti-racism group known as ANSWER has announced a demonstration along Pennsylvania Avenue as the president travels from the U.S. Capitol to the White House.

A statement at www.ANSWERcoalition.org calls for participants to claim spots by 9 a.m.

Another group has urged demonstrators to come to the official public ceremonies and then, at a set time, to turn their backs collectively on the president. The group is organizing on the Web at www.TurnYourBackOnBush.org.

A third group, www.ReDefeatBush.com, seeks to focus attention on perceived voting irregularities in the November election.

Season's Greetings From Landover Baptist!

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If you are a Betty Bowers fan, you'll love her "Christmas Letters to Laura Bush" column available here.

December 24, 2004

If You Celebrate Christmas, Hope It's Merry!

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Warmest wishes for peace on earth, and goodwill toward all!

Funny Account of my MIT Talk

From an audience member:

I don't mean to offend anyone when I write this. Vaidhyanathan is a well-built fellow with a shaved head wearing a black suit. He looks like the kind of person Law & Order picks to play thugs and bodyguards. I'm thinking, "I'm glad this guy is on our side of the copyright law issues."

My New Year (Farewell) Column from openDemocracy.net

Heartbreak Hotel

Siva Vaidhyanathan
30 - 12 - 2004

The eleventh and last of his “Remote Control” columns finds Siva Vaidhyanathan contrite over the American election result, and worried about the frightened and angry country it reflects.

“They’ll be no more FDRs”

Steve Earle, ‘Christmas in Washington’

The attempt to explain a place as large, diverse, and maddeningly energetic as the United States of America to a global audience is a daunting prospect. It’s even harder when the nation itself is betraying its core values, abandoning its most honourable traditions, and acting in bad faith on so many fronts.

There are heartbreaks everywhere in the world today. But the United States offers a special kind. Before 2000 it was very close to reaching its great potential as a democratic republic. It was leading by example – flawed, as always, but just good enough to cheer. Just four years later it seems so far from realising the goals of universal dignity for its citizens, enlightened leadership from its officials, and transparency in its deliberations, that one might be tempted to give up hope.

That would be a grand mistake. When I started writing this column in the spring of 2004, I did so with the full understanding that most of openDemocracy’s readers were disinclined to love the United States as much as I do. They would discount any professions of ideals, any hint of patriotism, or any boastful optimism about America’s “mission” to spread hope and justice throughout the world.

Good times, bad times

As a result, very little of that stuff – all of which I feel and believe – made it into my “Remote Control” columns. I now regret such omissions. In every American child there is hope. In every American school there is talent. In every American family there is love. And when times get easier, when Americans stand at ease once again, America will be good and great.

I have to force myself to remember these hopes. I have been so angry at my (formerly unelected; now over-elected) president and his party of liars, thieves, and torturers that I let the urgency of the 2004 election distract me from my own mission: exploring America’s uniquely disengaged engagement with the rest of the globe.

I had hoped to present in this space a multidimensional view of America’s cultural politics, its stunning topography and fascinating geography, its breadth and depth. I fear I have failed. The bitter election spoiled the taste of everything else.

As I flew over the Grand Canyon in April, I could only think about western water policy and federal land policy, and how the government is betraying our commitment to preserve this gorgeous place. As I crossed from Vancouver into Seattle in May, I could only reflect on the cold paranoia that both sides of the border demonstrate, instead of the glorious pluralism that Canada and the United States share. When I went diving among the coral reefs off the Florida Keys, I could only see the coral heads dying from pollution and global warming, not the reef ecosystem that remained brilliant and alive. These things used to take my breath away. Now they furrow my brow.

The week after the election of 2004 I immersed myself in conversations about possibilities that the election was “stolen” by untrustworthy voting machines. I find myself unconvinced that the three-and-a-half-million-vote gap between George W Bush and John Kerry was the result of nefarious technology. Some votes were certainly corrupted. But I am sad to report that the will of just more than 50% of American voters will be appropriately reflected when Bush takes his oath again in January 2005, his right hand on a book he has read so many times yet fails to understand.

When he stands in chilly Washington to deliver his address, Bush will expound on how he interprets my country’s mission in the world. He will use words that spoken by almost anyone else would generate a sense of respect and hope throughout America. But Bush has credibility in few quarters of the world beyond that 51% of the electorate. His words will hurt, not heal.

So let me do what he can’t do. Let me tell you what America can and should do for the world and for itself.

The least we can do

First and foremost, America should accept responsibility for its citizens and for its actions in global affairs. If Bush has mutated anything about the American political tradition, he has managed to divorce any sense that actions and policies are attached to any particular official whom we should hold accountable. The man who advised Bush that torture could be legal and that the Geneva Conventions are “quaint”, Alberto Gonzales, will be the next attorney-general of the United States.

The man who is currently losing control of Iraq, Donald Rumsfeld, will retain his job as secretary of defense in a second term. Bush himself is responsible for a medical program its subscribers abhor and an economy teetering on the verge of collapse. No one seems to be holding these incompetent leaders accountable for their failures.

Yet Bush seems intent on shaming such noble public servants as UN weapons inspectors Hans Blix and Mohammad ElBaradei, both of whom have been proven right about the imaginary harms that Saddam Hussein could have unleashed on the rest of the world. The responsible suffer and the irresponsible prosper.

Enough about Bush. What about us?

Domestically, there are promises we have vowed to keep as Americans that reflect the broad values of millions of citizens. These are commitments we made to the betterment of the nation and the species.

In the 1930s, we promised our parents we would ensure they would have a constant (if modest) income in their later years, paid for by the able-bodied workers of today. We can keep this minimal promise by celebrating its genius and defending President Roosevelt’s social security system from foolish attempts to privatise it.

In the 1950s, we promised that children could get a decent education at public expense. In the 1970s and 1980s we promised young people that we would not send them recklessly into combat without a clear set of achievable ends and unambiguous evidence for the need to intervene. In the 1990s we pledged to the world that we would respect international law and forge broad alliances when executing military actions.

In the 1970s we promised generations to come that our air and water would be clean, that we would seek more sustainable ways to keep our lights burning, and that we would hold those who poison children accountable for cleaning up their messes.

No more couch-potato politics

We can no longer simply blame an unelected president as we systematically renege on these promises. Those of us who voted for him must answer future generations when they ask why their rivers are poisoned and their schools crumbling.

Those of us who worked against Bush will have to realise that we have yet to articulate a lucid enough case for the need to remain responsible and accountable – that government should be a place for grownups. We didn’t speak firmly enough to sway the two million or so voters who would have made the difference. We are as much to blame as any candidate, consultant, or system.

I called this column “Remote Control” because that phrase, and the device to which it refers, represents how I see America’s relationship with the world. We push buttons and watch the colours change. But we never seem to feel the effects of our choices. We never take stock of the costs or credit for the benefits of our actions. But perhaps the false comforts of “remote control” are gone. It’s getting harder to ignore our effects on the world (and the world on us) as Iraq grows darker and bloodier, and as America grows angrier, more frightened, and less open.

I had hoped to walk through the issues that concerned me in this column with a light and lyrical voice, employing humour and irony where I could. I failed. I’m too young to espouse the grizzled, cynical comic detachment of a Mark Twain. I’m too old and bitter to assume the spiritual wilful naïveté of a Walt Whitman. The times I inhabit are not as brutal or absurd as the times Whitman and Twain witnessed. But I lack the ears, eyes, and voice required to do the job right. For that, and for many other things, I can only offer the rest of the world heartfelt apologies on behalf of myself, and 49% of my country.

December 23, 2004

Kos on Fraud 2004 in Ohio

Read the entire thing.

Was there fraud, in this election, in Ohio?

Yes.  Absolutely.

When you filter out the unproven, the half-proven, and the sheer nonsense among the various assertions, there is still a core there which is unambiguous, which is serious, and which is Fraud.  Specifically, it has been established at this point that there were, in the battleground states, organized and deliberate voter suppression efforts, many of which relied on the deception of voters in order to render their votes either invalid or uncastable.

Why Are We Losing Iraq?

Maybe because the general in charge is an idiot.

Gen. Richard Myers at today's Pentagon briefing: "This attack [in Mosul], of course, is the responsibility of insurgents, the same insurgents who attacked on 9/11, the same type of insurgents who attacked in Beirut, the same insurgents who -- type of insurgents who attacked the Cole, Khobar Towers, and the list goes on."

If you don't know who you are fighting, how can you win?

December 22, 2004

On Conservative Crybabies

I have been pondering the familiarity of the rhetorical move to create this imaginary "attack on Christmas." Many liberal bloggers do a great job dismissing it as ridiculous. Charles Pierce even goes so far as to present evidence of Christmas practice remaining alive and well in the deepest blue corners of this great nation.

Something troubles me, though. We should not need anyone to demonstrate the absurdity of the claim. All you have to do is look out your window in America. Go ahead. Take a minute to look out the window. See! There is Christmas. Now turn on your television. See! More Christmas. Some of it is profoundly religious. Ain't nothing wrong with that. It's downright beautiful. Peace, goodwill to mankind, charity, single mothers raising long-haired babies. Real Christmas is a liberal's dream. And it's everywhere.

But see, evidence and argumentation don't seem to matter because someone is crying. Conservatives have been come the biggest crybabies in history. And the "attack on Christmas" whining is just the latest version of this.

While I am worried that they waste all of our time and energy with these absurd assertions and responses, I am more worried about what is underneath these conservative complaints.

Look around. White male Christian conservatives run everything: big industry, big government; big farms; big media; big lies. Yet we hear nothing but whining out of their mouthpieces. Poor conservatives. They can't get into the faculty lounges. They can't get their ideas taken seriously by major media. Green-tea-drinking Volvo drivers are in secretly in charge. That ideal vision of a heterosexual, male-dominated nuclear family is under attack by people who kind of want to live under different arrangements.

We know these cries are lies. We have written many books, articles, and blog entries debunking the crybaby claims of conservatives. But still they see themselves as voiceless victims.

Remember when conservatives used to attack liberals for pleading victimization on behalf of their constituents? Seems so long ago. Of course, there is ample historical (and present) documentation of widespread oppression of women, gays, African Americans, immigrants, Jews, union organizers, and just about every other group in the liberal pantheon. So at least our side was being true to our values and the truth.

How do we impeach this victimization rhetoric? We have to do better than swat at f(lies) with heavy facts. Why can't these conservative guys just slap high-fives and move on to cutting down old-growth forests with glee? Why must they always complain?

What troubles me most is how such victimization rhetoric echoes Dreyfus-era European anti-Semitism. Getting nowhere by demonizing Jews per se, they have just pasted the attributions of the imaginary Jewish conspiracy on all other non-Christian, book readin', tea sippin', public-school supportin' cosmopolitan liberals.

What's fascinating about hearing overt anti-Semites like O'Reilly and Buchanan play this crybaby victim game is that they are either incapable or unwilling to use the code. They won't follow the script dictated by Richard Viguerie or Grover Norquist. They just go ahead and attack Jews by name rather than by working at the level of the general "rootless cosmopolitan conspiracy." Compare and contrast how Ann Coulter and Rush Limbaugh attack the "liberal" to how O'Reilly and Buchanan do. They are all doing the same work, generating indignation that distracts Americans from real threats (Wal-Mart, Archer Daniels Midland, Osama Bin Laden) and lets them scream about the imaginary threats (Madonna, Kofi Annan). But O'Reilly and Buchanan come right out and say it. Coulter and Limbaugh are following the party line.

We need a better strategy than the reality-based one we employ so well. The new strategy should not replace the facts of the matter. But it should frame our defenses in such a way that it reveals the true nature of these cries of victimization.

There is more at work here than Bill O'Reilly pushing for holiday rantings and ratings. There is more at stake here than Christmas carolers and secular public schools. We are facing true hatred and evil at work in this country. It's time we started calling it by name and challenging its perpetrators to defend themselves.

Republicans Slam Poor Blue State College Students

From The Chronicle of Higher Education:

In December Surprise, Education Dept. to Issue Policy That Could Remove 90,000 Students From Aid Rolls By STEPHEN BURD Washington

About 90,000 students could be disqualified from receiving Pell Grants and other forms of federal and state financial aid under a change, scheduled to be issued on Thursday by the U.S. Education Department, in the formula the government uses to calculate a student's need for aid.

The department plans to announce in the Federal Register that it is, for the first time in a decade, updating the amount it forgives most families for their state and local tax payments when determining how much income the families have left over to pay college costs.

According to an analysis by the American Council on Education, about 1.3 million students and their families will see their eligibility for federal financial aid drop next year, when the formula change takes effect, because the new formula will show them to have more money available for college than before. The families of some of the 90,000 students disqualified from Pell Grants could also appear to be rich enough under the change, according to the council, that they will be ineligible for state and institutional aid as well.

Despite opposition from Democratic lawmakers, college lobbyists, and advocates for students, Congress gave the department the green light to make the change to the federal needs-analysis formula when it approved a vast budget bill this month for the 2005 fiscal year.

The Senate version of the bill, passed in July, had contained a provision blocking the department from making the formula change. But Republican Congressional leaders dropped the provision when hammering out the final version of the spending bill.

Over the last several weeks, Bush-administration officials had been cagey about whether they were going to exercise the authority they had been given. Lobbyists were not surprised that the department's leaders decided to announce the change two days before Christmas.

"It's not unusual for federal agencies to release unpleasant news when people aren't paying attention," said Terry W. Hartle, senior vice president for government and public affairs at the American Council on Education.

Department officials would not comment on Wednesday about the change. But they have said in the past that the Higher Education Act, which governs most federal student-aid programs, requires them to make the update. They have noted that the current formula relies on tax data from 1988. The new formula derives from 2002 tax data.

Rep. John A. Boehner, the Ohio Republican who is chairman of the House of Representatives education committee, applauded the department for updating the formula. A spokesman for the congressman said that the change would ultimately benefit the neediest students who rely on Pell Grants because it would help reduce a $4-billion shortfall in the Pell Grant program's budget.

The administration and Republican lawmakers have been wary of increasing the maximum grant, which for the third year in a row is $4,050, until the program's deficit is eliminated.

"If opponents succeed in forcing the Bush administration to continue using the outdated tax tables, it will likely mean wrongly adding hundreds of millions of dollars to the current Pell budget shortfall, making it harder than ever for Congress to increase the maximum Pell Grant award for the poorest students in the nation down the road," said David Schnittger, a spokesman for Mr. Boehner's committee.

But college lobbyists and student-aid experts say the formula change will make only a small dent in the shortfall, as Congressional budget officials have estimated that the change will save the government about $300-million.

The advocates and experts say that a loss of eligibility will probably not force too many students out of college, as those who will be most affected are those who are receiving the minimum grant award of $400.

"This will probably not lead too many students to drop out," said Mr. Hartle. "But it will cause these students to work more hours, borrow more money, or reduce their course loads."

More worrisome, said Brian K. Fitzgerald, staff director of the Advisory Committee on Student Financial Assistance, is that these same students could find that they are no longer eligible for other types of aid as well. The committee advises Congress on student-aid issues.

"The real concern here," he said, "is that the change will have a significant trickle-down effect because many states and colleges use the federal formula when awarding need-based aid."

According to the ACE's analysis, the 90,000 students will be concentrated in 21 states, including Massachusetts, New York, South Carolina, and Virginia. Students in two states -- Connecticut and New Jersey -- will actually see their grants increase.

A U.S. senator from one of those states had choice words for the formula change. "I am outraged that the Bush administration is going forward with these punitive cuts in Pell Grants," said Sen. Jon S. Corzine, the New Jersey Democrat who led an effort in the Senate to block the department from making the formula change.

"For these students who are simply working to get ahead," said Mr. Corzine, "this is a scene from 'The Grinch who stole my education.'"

More on Making Documentary Films Illegal

Michael Madison puts it in perspective.

Final Paper Drama

This is the sort of thing professors get in their in boxes the day after a paper is due. Please note that I warned students that I do not want any e-mail attachments:

On Monday after my last final I decided to go out with my friends and celebrate, at a Chinese restaurant that serves free wine with oyour meal. Later that evening I experienced one of the worst feeling that I have ever felt in my life, food poisoning. For over 24 hours now I have been consistently sick, won't go into detail, and I have not left my house, or two rooms rather. I have wireless connection on my laptop, and unfortunately I do not get great or dependable connection at my house here in the boonies of Staten Island, and i know that you said you preferred not to get emailed papers anyway, so I decided to burn my paper to a CD and my friend agreed to print and fax it to your office for me. About 45 minutes ago my friend called apologizing because it was after 8pm by the time she was able to drive to Staples to fax my paper, and it was closed. I should not have depended on someone else to deliver my paper to you, and I know that I should not have waited until! now to email you, but until now I was sure everything would work out. I am so sorry for the inconvenience that this is causing you, and I can have my friend fax it to your office between 12-12:30 but right now I am worried about getting the physical copy of the paper to you, and I feel more secure sending it to you via email while I can. Please accept this emailed paper!! I understand that it is late, and again I apologize for this inconvenience Professor Vaidhyanathan.

    Stay away from Chinese restaurants that serve free boxed wine!!

'Eyes on the Prize' Now Illegal in the United States

Frank Field has the details.

This truly a shame and a crime.

Our history is being stolen from us.

December 21, 2004

Wal-Mart Moral Values

Heads up for last minute holiday shoppers: You can buy guns at Wal-mart, but not books by George Carlin or Jon Stewart.

Cool Blue Ambrotoon

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Find other great cartoons by John X. Ambrosavage here!

Nonsense

"Nonsense is nonsense, but the history of nonsense is scholarship."
---Burton Dreben, quoted in Future Pasts: The Analytic Tradition in Twentieth-Century Philosophy, ed. J. Floyd & S. Shieh (Oxford University Press, 2001), via the Leiter Reports.

The Google Libroogle Boondoogle

Read the NYT's 12/21/04 editorial entitledThe Electronic Library and see if it makes as little sense to you as it does to me. Below are some Annotated (get it?) excerpts:

"Last week, Google announced an ambitious new plan to start converting millions of books into digital files in partnership with several major libraries, including the New York Public Library and the libraries at Harvard, Stanford and Oxford. This is a logical step for Google, which says its mission "is to organize the world's information and make it universally accessible and useful."

Google's mission, especially now that it is a publicly traded company, is by definition to make money for its shareholders, so one might assume they mean "universally accessible and useful to the universe of people who can afford the fees or are willing to submit to the monitoring and advertising." I hope that public libraries and university libraries will not be lured by the promise of revenue streams, but they very well may be. What kinds of bargains libraries have struck with Google, and what these arrangements might ultimately mean for patrons, concerns me greatly, though apparently not the NYT.

"The library is the heart of every university, and one of the basic tasks a university performs is to preserve books and control access to them. No matter how liberally a university chooses to define "access," its books are restricted by geography at the very least. Google wants to make the books it scans freely available in searchable, full-text forms to anyone, anywhere, with an Internet connection. It will also provide information for finding the nearest copy of the real physical book.".....

To paraphrase Richard Stallman, there is a difference between free speech and free beer. When Google says "freely available" I'd like to know what the company means. Surely Google will get paid somehow.

".... But there are some serious concerns. One is about copyright. At the outset, this project will be limited to books that are old enough to no longer be under copyright. This is as it should be. It will serve as a demonstration of the immensity - and the immense cultural value - of works in the public domain, and could well kindle a new appreciation of the significance of the public domain."

This is not at all as it should be. The idea that libraries will start differentiating between books containing materials in the public domain, and books containing copyrighted materials, is very worrisome. And while there are many books in the public domain, the impact of distingushing between books based on copyright status will be felt much more powerfully by some users than by others. Those who study history and literature will have a lot of public domain material to work with, but would you want to be treated by a medical doctor who had access only to written resources published before 1923? How many computer science books are likely to be in this collection?

"Beginning with older books will also give Google, the libraries and book publishers time to sort out the problem of creating a comprehensive digital library of books that are currently under copyright. As always in negotiations over intellectual property, the trick will be to balance public utility, corporate profits and the welfare of writers, scholars and editors, and to do so, if possible, without the intervention of Congress."

These tensions pre-dated the Google announcement by years. If you are interested in a "freely accessible" scholarly account of these very issues, written by me, click here. Unlike the NYT, I actually favor Congressional intervention, because an unfettered "free" market is likely to be quite hostile to the mission of nonprofit libraries.

You Left A Note On My Car

From LAist. Honk if you suspect it has something to do with Los Angeles.

Police Knotty Dah

"Police Knotty Dah" was an excercise in unintentionally parodic musical artistic license by a neighorhood child, sung to the tune of "Feliz Navidad." If you want to hear an even more nontraditional holiday song, click here. Warning: Cuss words. And here is a song about curling, the sport - cool, eh? Both songs via Evil Hippy.

Girl Guitars

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daisy1.jpg

The Daisy Rock Company seems to have found an attractive market niche with "girl guitars," which I find kind of depressing. Girls don't need "special" guitars, but obviously some girls want them.

Republican Jesus

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Another brilliant cartoon by Jesus' General!

The Destruction of Christmas

Body and Soul reports "destroying Christmas is way down at the bottom of my To Do list. Today I'm baking gingerbread and helping to sandpaper and paint the salt dough stars, and tomorrow, I still have some wrapping to do. At the rate I'm going, I won't have time to destroy Christmas at least until Sunday, and by then, what's the point? The siege will just have to wait until next year."

How Do We Fight the Conservative Victim Mindset?

White male Christian conservatives run everything: big industry, big government; big media; big lies.

Yet we hear nothing but whining out of their mouthpieces. Apparently, Christmas is under attack (Where? Not NYC!). And the traditional heterosexual nuclear family is under attack (WHere? Not NYC!).

How do we impeach this victimization rhetoric? Why can't these guys just slap high-fives and move on to cutting down old-growth forests with glee?

Impact of Iraq Invasion on Iraqi Christians

Irony doesn't even begin to describe this report, excerpt below.

"Fearing insurgent attacks, Christian bishops across predominantly Muslim Iraq recently announced they would call off the usual Christmas celebrations. Some churches will forgo Christmas Eve mass, unheard of even during the Saddam Hussein regime.

"More than 700 people once packed Haddad's church during the holidays. Last Sunday, 27 worshipers showed up.

"Christians have lived in Iraq for hundreds of years, enjoying peaceful relations with Muslims for most of that time. But after the U.S.-led invasion, insurgents began targeting the community, accusing Christians of cooperating with American "infidels" by working as translators, house cleaners and merchants. Harassment became so bad that many Christian women began wearing a hijab, or Muslim head scarf."

December 20, 2004

It Takes All Kinds

You might think an airline barf bag collection would be sort of dull, and you'd be right, but the commentary at this site is sort of funny...

Chanukah Push Back

Parody called "The Jewish Hey Ya" here!

Siva Fixes Social Security

Jardinero1 asked, so here it is.

In a Sivacracy (government by me), I would do the following to fix Social Security:

1) Tax all income. Right now we only pay Social Security tax on the first $65,000 of wage income. And we pay nothing on capital gains. So tax it all to spread the burden across all wealth at all levels. Right now the working poor and middle class pay a disproportionate share.

2) Reduce payroll taxes. We don't need a 14-percent rate if we are taxing more broadly. Maybe 10 percent? I dunno. We would have to run the numbers.

3) Index up the age for receiving SSI benefits. We are getting older and healthier. So let's creep toward 75 from 65.

4) Encourage immigration. This makes America better in so many ways. It's the best way to balance out the donor-recipient ratio.

5) Be honest with Americans. First, an ethical government would tell the people that Social Security is not an "account" to which you have paid and from which you should expect an annuity. It is a system of shared risk through which active workers pay for those who are retired and unable to work. Second, a truthful government would stop lying about the SS system being "broken" or "headed for bankruptcy." It's solvent (in fact, in surplus) and will remain so until at least 2054, probably much longer. Even when it stops running a surplus, the program can still run temporary deficits until we make a demographic/economic correction (babies, immigration, productivity, etc.). Third, a responsible government would explain that markets do not always go up and that even in growing markets there are losers for every winner. Think Enron.

There. Social Security is not in "crisis" and does not need to be "fixed" by some privatization scam. In fact, the only thing threatening Social Security is the Bush administration.

Let's save it. Improving it woul be nice. But saving it from Republican crooks is our most urgent need right now.

Beatles' Christmas Messages 1963-69

Available for listening and downloading here, site found via A Moveable Beast.

MSN Blogs -- Bill Gates Owns Your Work!

From Adina Levin:

MSN Blogs - what's yours is mine

Catching up on the RSS reader and the furor over MSN Spaces, the new Microsoft blogging service. Most of the noise was about the nifty censorship features, but to my mind, the most offensive bit of the terms of service is the sharecropper's intellectual property clause.

----
"For materials you post or otherwise provide to Microsoft related to the MSN Web Sites (a "Submission"), you grant Microsoft permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the MSN Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Microsoft will not pay you for your Submission."
----

Microsoft infers that, because most bloggers don't make money from their blog content, they therefore don't mind if you sign your rights over to Microsoft. This is tyrannical record-company contract terms transferred to the long tail.


You start as a blogger, and become a successful novelist, inventor, consultant? Sorry darling. Your ideas already belong to Microsoft. Free is pretty darn expensive.


The censorship features wouldn't be so bad, if only they could be turned off. I gave a talk a while ago at a conference on community uses of technology. The main audience questions about the use of blogs in schools and community centers were about obscenity, and trying to keep a kid-friendly environment without overwhelmingly time-intensive moderation.


The problem with general-purpose censorship and IP sharecropping is that it keeps out grownups. Who is MSN Spaces trying to appeal to?

Fafblog's Man of the Year

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Other looney subversiveness also available at fafblog!

Jesus H. Christ-mas

"All over the country, Christmas is taking flak," [Bill] O'Reilly recently announced, as he complained about "the anti-Christmas jihad" that's gripping the nation. "If they could, secularists would cancel Christmas as a holiday. That's how much they fear the exposition of the philosophy of Jesus."

I don't actually know what a "secularist" is, but maybe that is because there aren't any in South Carolina. Every store I go into is chock full of Christmas decorations, as are the homes and yards of many of my friends and neighbors. There are fair numbers of Jews and Pagans and Muslims and Buddhists and Hindus and Athiests and other "not-Christians" here, but they don't seem at all fearful of "the philosophy of Jesus," though I bet many find Bill O'Reilly a tad alarming, I know I do.

The South Carolina State House has a giant illuminated Christmas tree in the front yard, right next to the Confederate Flag.


No Retreat; No Surrender

All good Americans who respect their elders and the genius of spreading risk must stand to defend Social Security from the corrupt fundamentalists who are attacking it.

For information and wisdom in this fight, please check:

Josh Marshall, Matthew Yglesias, and the economists Kevin Drum and Atrios.

Flickr, the Friendster of Photo Sites

Article about Flickr by Katharine Mieszkowski at Salon.com, here is an excerpt:

"Flickr is one of many photo-sharing sites, including, but not limited to, Fotolog, Fotothing, Zoto, Fotki, Smugmug and Pbase. Smugmug enjoyed a moment of fame in early December when the Navy launched an investigation into photos that surfaced on the site that apparently depicted Navy SEALs torturing Iraqi prisoners.

"On most sites, you create your own album or page of photos, and invite your friends to look at them. But on Flickr, you can mingle all your photos with similar images, creating an endlessly beguiling cross-pollination of photos that spark a host of unique communities.

"Flickr allows its more than 176,000 members to meet each other through both images and words in an ever-evolving visual playground. The onslaught of images that appear on the site range from the truly artistic to the bluntly documentary, a pool of more than 2.2 million photos that's growing at the rate of about 30,000 a day. What's unique is that 82 percent of the pictures on the site are publicly available to anyone who cares to look at them and riff off them. Members can keep their photos private, shared only with a specified group of intimates, but most choose not to, allowing the pictures of their cat or car to freely commingle with others."

December 19, 2004

Floating Logos

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Home page is here, image array here. The project statement is as follows:

"The Floating Logos project is inspired by signs perched high atop very tall poles so that they may be viewed from a long distance away. When standing next to these poles, the signs loom over us in such a way that we must crane our necks to see them. The elimination of the poles helps to accentuate the ominous feeling of being beneath these signs as well as serve to disconnect the signs from the ground and reality. The ground is purposefully left out of these images in order to emphasize the disconnect, but hints of terra firma are included in the forms of trees, wires, light poles, buildings and other land-based objects. The floating effect is intended to give the signs a supernatural quality that is meant to call attention to the hegemonic role consumerism and advertising play in our society."

Bull Moose Bull

The Bull Moose blog is often interesting and articulate. But then there are posts like this:
The Moose charges that the elephant is a national security girly man. [emphasis added]
....
The Bush administration has appropriated $34.3 billion on a theoretical missile defense system -- which proved again this week to be an expensive dud in its first test in two years, when the "kill vehicle" never got off the ground to intercept the target missile carrying a mock warhead -- but has been able up to now, according to congressional budget authorities, to spend just $2 billion to armor the vehicles of Americans under fire."

Not only did the Bushies commit too few troops to the war, they have also brought the Reserves and the National Guard to the breaking point. The military is overstretched and the President has spent much of the nation's precious resources that could have been used to expand the armed services to instead reward his wealthy donors with lavish tax breaks.
....
Despite all of their flag waving and chest thumping, the G.O.P. has more important priorities than national defense - fundamentally, as has been said before, greed is the Republican creed. That means the donkey has the opportunity to become the party that is smart and muscular.

Stop letting the elephant bully kick sand in your face! With apologies to Arnold, the elephant is just a girly man.
[emphasis added]

So "the donkey" needs to become "smart and muscular" and avoid being "just a girly man" like "the elephant." Because girliness is abhorent...except of course when politicians attempt to "court the ladies" or "woo women voters." With apologies to ARNOLD? Women comprise more than half the population of this country and more than half of the Democratic party, not that you'd notice by the rhetoric.

Happy Holidays to James Wolcott

Observation about "The Christmas Kvetchers" from Wolcott's blog:

"This "fear of Christmas" is a phantom menace conjured every year so that certain crybaby Christians can adopt victim status and model a pained expression over the sad fact that not everyone around them isn't carrying on like the Cratchits. This thin-skinned grievance-collecting gives birth to all sorts of urban legends and rumors about big institutions being hostile to Christ's birthday, such as the one that swirled on WOR radio last week about how Macy's employees had been instructed not to say "Merry Christmas!" to shoppers. A fiction that was put to rest when the host hit Macy's website and saw its "Merry Christmas" greeting, and Macy's employees chimed in over the phones to say there was no such policy. To read conservative pundits, you'd think everybody was wishing each other Happy Kwanzaa! and averting their eyes from oh so gauche Nativity scenes. I've got news: Even here on the godless, liberal Upper West Side, people wish each other Merry Christmas without staggering three steps backward, thunderstruck and covered with chagrin."

Biker Santa

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In December of 2001 I put a large lighted peace sign in front of my house, which I had constructed out of blue rope lights, a hula hoop, and plenty of craft wire. It was my statement about the impending war with Iraq, which I stupidly thought there was still some small hope of avoiding. My neighbors didn't like my holiday display much, and one asked, "What does a peace sign have to do with Christmas?" Wonder if the folks with Biker Santa in their yard get similar questions.

Pagan Claus

Pagan Claus, A Look At Christmas Symbols, by W.J. Bethancourt III
Excerpt below:

"December 25th occurs about the time of the Winter Solistice, the shortest day of the year. The shortening days were taken as a sign that the Sun was getting weaker. After the Solistice, the days begin to get longer ...... and pagan peoples thought that was an indication that the Sun was getting stronger.

"Thus, the Winter Solistice became the "birthday" of several gods: Attis, Frey, Thor, Dionysus, Osiris, Adonis, Mithra, Tammuz, Cernunnos and so forth. It is a "solar holiday," marking the time that the sun becomes apparently stronger day by day.

"Mithra, by the way, was born on December 25, of a virgin. His birth was witnessed by shepherds and magicians [magi]. Mithra raised the dead and healed the sick and cast out demons. He returned to heaven at the spring equinox and before doing so had a last supper with his 12 disciples (representing the 12 signs of the zodiac), eating mizd, a piece of bread marked with a cross (an almost universal symbol of the sun). Any of that sound familiar?"

Conflicting Reasons for the Season

I always find law students with some background of academic "religious studies" open to the idea that personal values can be a driving force in the development of the law, which makes them more fun to teach, and also, in my view, better lawyers. Even a cursory overview of the tensions, rivalries and splits in the various denominations of Protestantism suggests how unlikely it is there will ever be a coherent, consensus based view of "Christian Law." As one example of things educated people should know but often don't, the article below neatly explains the evolution of Christmas as something less than biblically ordained.

From the London Times: The Arrival of Santa, by Carl Muller
In Europe today, a revolt is being staged against the "Americanization" of Christmas. The trouble is that there is still a lot of to-and-fro natter about the true origins of the festival ever since the Puritans emphasised that there is no true date. In their efforts to deny the legitimacy of the celebration, they insisted that no one could pinpoint the exact day of Christ's birth!

We are told that the shepherds were staying in their fields overnight when Jesus was born (Luke 2:8) - but this makes a December birth unlikely, since it is far too cold to sleep out at night at that time of the year. Scholars think it likely that Christ was born in the spring, but the first Christmas of the Church was officially celebrated in 356 AD, when Pope Julius I fixed Jesus' birthday at December 25, calling it the Feast of the Nativity.

The custom spread to Egypt by 432 AD and to England by the 6th century. Gradually, the date was accepted by all Christian Churches except that of the Armenians who still celebrate Christmas on January 6!

Pope Julius I chose December 25 in an attempt to harness the vigour of "pagan" festivals to the cause of Christianity. In those days, among rural farming communities, midwinter was always a time for festivals and merry-making. After all, there was little farming to do.

The winter solstice signified the beginning of the end of the cold and darkness and the return of longer, warmer days. It was a time when cattle were slaughtered so that they would not have to be fed during the winter and when wine and beer were at last fermented and ready for drinking.

Many "pagan" festivals were celebrated on this date. In Scandinavia, there was yuletide, in which a special feast was celebrated around a fire burning with the Yule log... any spark from which, the Norsemen believed, foretold the birth of a pig or a calf in the coming year. The Romans celebrated Saturnalia, festival of Saturn, the god of the harvest, from December 17 to January 1.

Yet the Church was successful. Educated upper clergy strove to bring in a "spiritual uplift". They banned certain "pagan" customs and instituted new Christian holidays (Holy Days) such as Advent. The last Sunday before Christmas was designated "Dirty Sunday" - the day when Christians were required to clean their homes and take their annual bath!

St. Francis of Assisi is said to have erected the first manger in 1223; the first Christmas Carols were composed by Franciscan monks in 1225. Yet, throughout the Middle Ages, Christmas remained a predominantly "pagan" celebration. Believers would attend church for the day, then go out and get blind drunk in raucous revels. Each year, in a tradition going back to the Roman Saturnalia, a student or beggar would be crowned "Lord of Misrule". The poor would go to the houses of the rich and demand the best food and drink. Rich homes were terrorised if they did not oblige! History tells us that the rich did not stint themselves either. For his Christmas celebration in 1252, King Henry III of England had 6000 oxen slain in addition to salmon pies and roasted peacocks!

Oliver Cromwell and the Puritans were scandalised by these excesses. Cromwell called it "an extreme forgetfulness of Christ, giving liberty to carnal and sensual delights". The observance of Christmas was banned by an Act of Parliament in 1644. The House of Commons was made to sit on Christmas Day and sheriffs were sent out to insist that merchants open for business.

In the New World, the Pilgrim Fathers also shared the Puritans’ hatred for Christmas. The master of the Mayflower, Thomas Jones, banned Christmas on December 25, 1620 and for 200 years thereafter, Christmas was given a hard time in America. Massachusetts banned the celebration in 1659, making it a crime, and anyone found attending a Christmas service was fined five shillings!

The Act was repealed in 1681, but the State Governor of Massachusetts still needed two soldiers to escort him to Christmas services in 1686. In 1706, mobs smashed the windows of a church holding Christmas services in Boston.

Christmas regained its popularity in Britain at the Restoration, but it was only in the Victorian era that it became a family holiday with some of the old "pagan" customs such as holly and mistletoe. In 1846, the Illustrated London News carried a picture of Queen Victoria and her German consort, Prince Albert standing with their children around a Christmas tree. The royal couple were immensely popular, and soon Christmas trees, a German custom, became a fashion.

In France, however, it has never been very popular. It was at about that time that Charles Dickens also wrote "A Christmas Carol". In America, the Puritan legacy was undermined with the influx of Irish and German immigrants. In 1819, Washington Irving wrote "A Sketchbook of Geoffrey Crayon, Gent" - a series of stories about the celebration of Christmas in an English manor house. By 1890, Christmas ornaments for the tree were flooding in from Germany. The Americans wanted their trees to reach from floor to ceiling while Europe kept them at four feet. Today America puts up large trees in city squares across the country.

This brings me to the modern version of Santa Claus and the American version of the 1930s. Let's go back once more, shall we? The direct ancestor of "Father Christmas" is probably Druidic - a "pagan" spirit who regularly appeared in medieval mummers' plays wearing long robes and with holly sprigs in his long, white hair.

These "pagan" origins were sanitised with the introduction of the cult of St. Nicholas (270-310AD), a bishop of Myrna in Turkey who was renowned for his kindness to children. In the 11th century, the saint's remains were enshrined in a church in Bari, Italy which was visited by the first crusaders. These crusaders carried back stories of St. Nicholas to their homelands and the anniversary of St. Nicholas' death on December 6 became a day to exchange gifts. His legend provided a Christian justification for the essentially "pagan" tradition of gift-giving at Christmas.

The Dutch corrupted the name "St. Nicholas" to "Sinterklaas", and the New World adapted this to "Santa Claus". In his earlier incarnations, Santa Claus was depicted as tall, thin, clad in blue and always accompanied by an angel.

Now let us move to Coca Cola and comfort ourselves in the thought that it is a Coca Cola Santa who keeps coming to town! In 1931, Coca Cola hired a Swedish artist, Haddon Sundblom, to design a Christmas advertising campaign. Sundblom redesigned Santa Claus in Coca Cola's corporate colours - red and white - and chose a plump and white-bearded retired Coca Cola salesman to be his model. The campaign was a huge success and the modern Santa was born and will, I suppose, continue to stay that way.

Viacom Afraid of Contracting Girl Germs

From Al Kamen's 12/17/04 WaPo column:

You Can Tell a Republican by His Stripes

Job Alert! There's an excellent job opportunity at media giant Viacom International Inc., which owns CBS among other things, judging from an e-mail we just got from Gail MacKinnon, Viacom vice president for government relations.

MacKinnon sent the note Tuesday to House Republican offices and to the offices of GOP Sens. John Ensign (Nev.), Gordon Smith (Ore.) and George Allen (Va.).

Subject: Looking to fill a position in our office

"Importance: High We need to hire a junior lobbyist/PAC manager. Attached is a job description. Salary is $85-90K. Must be a male with Republican stripes. [emphasis added]
"If you know of anyone who might be interested in interviewing for this position, would you please let me know? Thanks so much. Hope everyone has a wonderful holiday."

Unclear where the stripes are to be located.

Saw this at Alas, A Blog.

Censoring Sex Ed in Texas

Rules restricting teen girls' options for health care cost an estimated $44 million a year, by Eric Berger, in the 12/18/04 Houston Chronicle:

Consequences of two new laws that limit confidentiality of teens trying to obtain reproductive health care in Texas:
• 8,265 additional pregnancies
• 5,372 additional births
• 1,654 additional abortions
• 2,243 untreated chlamydia cases
• 521 untreated gonorrhea cases

"Two laws in Texas that limit teenagers' ability to confidentially obtain reproductive health care cost $44 million a year largely because of additional pregnancies, local researchers have found. The laws were passed by the Texas Legislature in 1999 but only recently enforced.

"One requires teens younger than 18 to obtain parental consent before receiving prescription contraceptives, and the other requires health care providers to report to law enforcement agencies the identity of patients younger than 17 who they think are sexually active.

"Sometimes legislators pass laws with a certain intent, but sometimes these laws have unintended consequences," said Luisa Franzini, an economist at the University of Texas School of Public Health at Houston and the lead author of a study published this month in Archives of Pediatric and Adolescent Medicine.

"In this case, the result is poor reproductive health for teens and increased costs for the state of Texas."

The laws were attached as "riders" to appropriations bills in 1999, and have been renewed during every legislative session. State Sen. Steve Ogden, R-Bryan, who sponsored the riders, did not respond to requests for comment on the study.

The Texas Department of State Health Services postponed enforcing the rules until 2003 because there were conflicts with federal laws for health care spending.

After they took effect, Franzini and her colleagues decided to calculate the cost of the rules, which the researchers think will force more than one-third of girls using reproductive health services, such as birth control, to stop.

The study's authors don't deny that reducing teenage sexual activity and encouraging more communication between parents and teens are good goals.

"But trying to legislate that teens and parents must communicate, and putting barriers to health care if teens do not, isn't going to solve the problem," said co-author Elena Marks, who is Mayor Bill White's health policy director.

Marks, who also is a volunteer at Planned Parenthood, said the paper was written and submitted before she joined White's administration. Another author, Laurie McGill, is vice president of medical services for Planned Parenthood of Houston and Southeast Texas.

Supporters of restrictions on teen access to contraceptives say the issue is not one of costs, but whether parents should know what is happening in their children's lives.

"Whatever the cost, if these laws force even a few teenagers to talk to their parents about these issues, then they're worth it," said James Sedlak, vice president of the American Life League, an anti-abortion group.

"If a young girl is afraid to talk to her parents about using contraceptives, then she knows she's doing something wrong."

The researchers estimated that 37 percent of girls who used reproductive health care services would stop doing so because of the parental notification requirements.

As a result, Franzini and her colleagues calculated that more than 8,000 additional pregnancies would occur annually among Texas adolescents. Because of prenatal costs, births and abortions, the total cost was nearly $44 million.

Locally, Planned Parenthood noticed a chilling effect almost immediately after enforcement of the laws, McGill said. The number of visits by minors in the second half of 2003, compared with 2002, dropped by 30 percent.

An earlier study found that nearly 50 percent of adolescents surveyed would not seek contraceptives from a health care clinic if their parents had to know about it.

The local effect may not be as drastic as the numbers predicted because state law cannot trump federal rules, which say that clinics receiving federal family planning and Medicaid funds must allow confidential access.

A majority of Planned Parenthood clinics in Harris County receive these federal funds, so they are exempt from the new state law regarding contraceptives. But in other Texas cities, such as San Antonio, few, if any clinics receive federal family planning money.

A number of physician groups, including American Academy of Family Physicians, American Academy of Pediatrics and the American College of Obstetricians and Gynecologists, have urged policy-makers to ensure that sexually active, young patients have confidential access to health care and counseling.

December 18, 2004

Torture Begins At The Top

Article by Joe Conason, accessible at Salon.com, excerpt below:

"Renewed exposure of prisoner abuse, torture and even murder by American military personnel in Iraq and Afghanistan is widening already deep divisions between the Pentagon and the intelligence community -- and creating an untenable situation for Donald Rumsfeld, the beleaguered secretary of defense. A recently disclosed FBI memo indicates that "marching orders" to abandon traditional interrogation methods came from the defense secretary himself.

"In recent days, a coalition of human rights groups led by the American Civil Liberties Union and the Center for Constitutional Rights has brought new cases of abuse to public attention. Using the Freedom of Information Act, they have pried thousands of pages of previously secret documents from the Defense Department and other agencies.

"Even after the shock of Abu Ghraib, these substantiated stories of cruelty, sadism and lawlessness are stunning. Files from the Navy's Criminal Investigative Service describe how U.S. Marines ordered four Iraqi teenagers to kneel while a gun was "discharged to conduct a mock execution"; how they inflicted severe burns on a detainee's hands with flaming alcohol; and how they tortured another detainee with an electric transformer, making him "dance." In June, a Navy investigator revealed in an e-mail that his caseload of "high visibility" cases of abuse was "exploding." As a result of such offenses, at least two Marines were convicted and sent to prison." ....

Snow Fight

Snow Fight! Definitely click on and process "define keys" before you play, because this game requires keyboard keys rather than mouse clicks. Credit Pen-Elayne.

Video Games and Gender

Here is a link to an idiotic NY Observer [NO] article about video games, and here is a link to Mouse Musings' [MM] reactions. Below are a few excerpts:

NO: It’s not that all women reflexively hate video games, of course; many fondly remember Super Mario Brothers and Ms. Pac-Man, or the thrill of clobbering their brother at Tecmo Bowl. But it’s inescapable that men just like to play with gadgets more; it’s something about the thumbs.

MM: Since we know that men have thumbs and women don't, of course. Or is it that we can't manipulate a video game controller because we all have expensive manicures? I can't remember.

NO: Part of what keeps these guys playing the game to the point of nausea is simply that it’s hard; it actually requires skill, a weird kind of unlearnable skill. (Many a male noted sympathetically that girls simply don’t have the studied hand-eye coordination that they do.)

MM: When it comes to this alien concept "fun", suddenly women are all thumbs. But don't forget, when it comes to cooking dinner, women indeed have better hand-eye coordination, since it developed in the caveman days when men were out killing big animals and women were at home doing the cavewoman version of needlework.

And here are a couple of comments the MM post attracted:

43% of video game players are female...More demos here: http://www.games-advertising.com/demographics.html
By Roxanne, at 16.12.04

Roxanne, what you're forgetting is that female gamers tend to be more scary than sexy...and since they aren't sexy, they aren't actually women.
By james d, at 16.12.04

The Google Library

Will we have to call it the Libroogle? 12/18/04 NYT story below:

Questions and Praise for Google Web Library, by FELICIA R. LEE

When Randall C. Jimerson, the president of the Society of American Archivists, heard of Google's plan to convert certain holdings at Oxford University and at some of the leading research libraries in the United States into digital files, freely searchable over the Web, he asked, "What are they thinking?"

Mr. Jimerson had worries. Who would select the material? How would it be organized and identified to avoid mountains of decontextualized excerpts? Would Google users eventually forgo the experience of holding a book, actually seeing a historical document, the serendipity of slow research?

But in recent interviews, many scholars and librarians applauded the announcement by Google, the operator of the world's most popular Internet search service, to digitize some of the collections at Oxford, the University of Michigan, Stanford and the New York Public Library.

The plan, in the words of Paul Duguid, information specialist at the University of California at Berkeley, will "blast wide" open the walls around the libraries of world-class institutions.

David Nasaw, an historian and director of the Center for the Humanities at the City University of New York's Graduate Center, said the ability to use keywords to locate books and documents could save academics travel time and money and ease and broaden the scope of their research.

But Google's plan - which many saw as the first step toward creating a global virtual library - has huge implications for information gathering and use, also raising concerns among those interviewed.

No one forecast a brave new world without actual libraries. Rather, they raised questions.

How will research be improved for students already struggling with, among other things, how to authenticate Internet information? What new roles will librarians play in helping people parse a vast amount of more easily obtainable information? Will libraries have to cooperate to prevent redundancy in their collections?

Each agreement with a library is slightly different. Google plans to digitize nearly all the eight million books in Stanford's collection and the seven million at Michigan. The Harvard project will initially be limited to only about 40,000 volumes. The scanning at Bodleian Library at Oxford will be limited to an unspecified number of books published before 1900, while the New York Public Library project will involve fragile material not under copyright that library officials said would be of interest primarily to scholars.

"This all captures people's imagination in a wonderful way," said Kate Wittenberg, director of the Electronic Publishing Initiative at Columbia University. "But whether it's right or wrong is not the whole question and not the whole answer."

This year Ms. Wittenberg's group completed a three-year study of research habits that included 1,233 students across the country. The study concluded that electronic resources had become the main tool for gathering information, particularly among undergraduates.

But, "What I've learned is that libraries help people formulate questions as well as find answers," Ms. Wittenberg said. "Who will do that in a virtual world?"

On the other hand, she said, an enhanced databank could make it easier for students to research topics across disciplines, changing the questions that professors ask and providing more robust answers. For example, a topic like "climate change" touches on both political science and science, she said, and "in the physical world, the books about them are in two different buildings at Columbia."

And because many students have trouble recognizing reliable Web sources, it cannot hurt that reputable libraries have only published, peer-reviewed materials, Ms. Wittenberg said. But looking ahead, she wondered about the vast amounts of materials and original documents housed outside libraries, in museums and archives.

Mr. Jimerson said, "A scanned image will only tell you some things, and the sheer volume of records makes scanning everything difficult." But he added that he supported Google's plan in theory. "I recall the story of a gentleman being in a library and watching a researcher sniff books," he said. "It turned out that the aroma of vinegar was still embedded in those that had been treated with vinegar to prevent cholera during an epidemic."

Likewise, Robert Darnton, a professor of history at Princeton who is writing a book about the history of books, noted that by looking at a book's binding and paper quality, a researcher can discern much about the period in which it was published, the publisher and the intended audience.

"There may be some false consciousnesses about this breakthrough, that all learning will be at our fingertips," Mr. Darnton said of the plans to enhance Google's database. He saw room for both Google and real-world research.

Some interviewed were concerned that Google could not fully reproduce material that was still under copyright protection, which means all books published in the United States after 1923. And in this day and age, Mr. Nasaw said, far too many students already read excerpts and seldom read the full texts.

It is not an either-or situation. Libraries have already been changed by the Internet, said Paul LeClerc, president and chief executive of the New York Public Library. Libraries will still be needed to collect, classify and store information, he said.

"TV did not replace radio," Mr. LeClerc said, "Videos and and DVD's did not replace people going to the movies. It's still easier to read a book by hand than online."

"The New York Public Library Web site gets three-fourths of a billion hits a year from 200 different countries and territories, and that's with no marketing or advertising," he said. "That's the context in which this new element has to be placed."

"We had 13 million reader visits last year," he continued. "We're serving a multiplicity of audiences - we serve people physically and virtually. It's an enormous contribution to human intellectual development."

Carol Brey-Casiano, president of the American Library Association, forecast a time when local libraries would more closely reflect the needs of their regions and population rather than all offering the same books. It means that libraries will become more collaborative, she said.

Already, libraries buy fewer reference materials because such materials are online, she said. At the same time, the number of library visitors doubled in the last 10 years to 1.2 billion visits a year now, she added, with many visitors seeking help in managing vast amounts of information. As she put it: "People are saying, 'I went on Google and I got 40,000 hits. Now what?' "

Many university leaders realize that for most people, information does not exist unless it is online, said Paul Courant, provost and executive vice president for academic affairs at the University of Michigan.

He said many universities wanted to digitize their holdings and wondered about collaborating on buying books to avoid redundancy in an increasingly digital world. Google's plan answered their needs, he said.

Mr. Courant acknowledged that some people in Michigan's library system were worried about losing the distinctiveness of the university's collection, as part of a vast database. But he theorized that Google would work as a form of advertisement to lead more people to the libraries' doors.

"The librarians will also continue to be responsible for archiving and curating our own material and collecting it," he said. "Many scholars will go online and say, 'I have to go see the book' and come here."Mr. Courant envisioned that in 20 years huge archives would be shared by institutions. While the world needs "tens of thousands of copies of 'To the Lighthouse,' " he said, "we don't need to have a zillion copies of some arcane monograph written by a sociologist in 1951."

Paid for Blogging

South Dakota bloggers take a hit – and a payoff, by David Crisp

"South Dakota just had its equivalent of the CBS forged documents story, and hardly anyone noticed. Actually, what happened in South Dakota might have been worse. At least there’s a chance that CBS was honestly snookered. But the South Dakota case involved a deliberate breach of public trust, with the express intent of affecting a political race.

"So why the silence? Because the South Dakota case involved not a major news outlet but political blogs, opinionated online personal journals that advocates see as the successor to the hidebound, dinosaur-like mass media that Americans have relied upon for decades.

"Ironically, CBS itself called public attention to the South Dakota case. In a column at cbsnews.com, political writer David Paul Kuhn reported that two popular South Dakota blogs, South Dakota Politics and Daschle v. Thune, were written by paid advisers to John Thune, the Republican who upset Tom Daschle in November for a U.S. Senate seat.

"According to the column, John Lauck of Daschle v. Thune was paid $27,000 by the Thune campaign. Jason Van Beek of South Dakota Politics was paid $8,000. Although both blogs wrote extensively about the race with a pro-Thune stance, neither fully disclosed connections to the campaign."

"The response at South Dakota Politics, which now incorporates both bloggers, was predictably pathetic. Mr. Lauck notes that he was criticizing Sen. Daschle long before he was getting paid by Mr. Thune. And he points out that the conflict had been reported elsewhere, even if not on the blogs.

“Blogs never claimed to be ‘objective’ as CBS did,” Mr. Lauck writes. “Anyway, if one read the blog for more than a post they would know it was pro-Thune.”

"Surprisingly, this theme has been picked up in those sections of the blogosphere where blog triumphalism rules the day. In general, the argument seems to go: Mainstream media (commonly abbreviated to MSM on the web) purport to abide by ethical standards of objectivity and fairness. Since they don’t always meet those standards, mainstream reporters are inevitably corrupt. Bloggers abide only by whatever standards they choose; they are therefore intellectually and ethically pure.

“Undisclosed bias is much, much worse than undisclosed financial support, and only the dinosaurs of the MSM don’t recognize it,” writes Hugh Hewitt on his popular conservative blog.

"This aging Apatosaurus certainly doesn’t recognize it. Money is a cold, hard fact. Biases are slippery and unknowable, poking their heads out of hidden pockets when we least expect it. I have biases I don’t even know about, much less disclose, but I don’t take money from anybody.

"This whole debate is difficult for MSM dinosaurs to bend our minds around. If, for example, I were to accurately report that political reporter Jim Gransbery of The Billings Gazette was on the payroll of a political campaign, the scandal would be huge. He would be fired and probably would never work in this business again. And every single one of his colleagues would think he got exactly what he deserved.

"Now, I know Jim Gransbery. I have worked with him, argued with him, hoisted a few beers with him. I think he is about as likely to take a political payoff as he is to go to work wearing a black cocktail dress with a string of pearls. Both of us were weaned on standards that say you don’t take the money, you don’t justify taking the money, you don’t even think about taking the money. And if you do take the money, you set your notebook aside and go into some other line of work.

"I don’t know Mr. Lauck or Mr. Van Beek. But I have followed their blog and even posted a link to it on my own blog, which has been in deep hibernation since I began teaching in September. I never looked to South Dakota Politics for neutral reporting, but I did go there hoping for intellectual honesty.

"And I went there hoping for evidence of the promise of blogging to provide an alternative to the drab dailies that dominate Western states.

"The South Dakota bloggers not only attacked Sen. Daschle relentlessly, they also went after the Sioux Falls Argus Leader, criticizing its alleged pro-Daschle bias and helping to alter the way it covered the Senate race.

"That’s the power of pamphleteering, now with a worldwide reach thanks to the internet. Montana has no equivalent blog that is so tightly focused on political and media developments. I thought South Dakota Politics was giving me a glimpse of the future.

"And maybe it was. Too bad."

December 17, 2004

Monkey's Christmas

The links at this page are funny in a sweet, rated G, barely twisted way. My favorites are The Annual Fruitcake Ritual and Where Do Christmas Trees Really Come From?

Harbin Snow and Ice Festival

ice city12.jpg

More photos here and here.

For the Cuban Dissidents

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Call for Papers: Global Flow of Information

Writing Competition and Call for Papers

The Yale Law School Information Society Project ( ISP ), The Yale Journal of Law & Technology (YJoLT) and the International Journal of Communications Law and Policy ( IJCLP ) are pleased to announce their second interdisciplinary writing competition and a call for papers in conjunction with The Global Flow of Information Conference taking place on April 1-3, 2005 at Yale Law School. We invite students, scholars, policy makers, activists and practitioners to submit papers for the writing competition and/or for publication by YJoLT/IJCLP.

Conference Description


Patterns of information flow are one of the most important factors shaping globalization. Today individuals, groups, countries, and international organizations are trying to promote and control the flow of different kinds of information across national borders— information ranging from intellectual property and scientific research to political discourse, brand names and cultural symbols. And digitally networked environments subject information to ever new methods of distribution and manipulation. Fights over information flow are going to help define who holds power in the global information economy.


The groundbreaking conference on Global Flows of Information, will explore these emerging patterns of information flow, and their political, economic, social, and cultural consequences. We will be looking at the following key questions in six different contexts: (1) governance; (2) economics; (3) culture; (4) politics; (5) science; (6) warfare:


Can the flow of information across borders be controlled? If so, how?

Whose interests are going to be affected by flows of information across borders? Who will be empowered and who will lose influence and authority?

What role can or should law play in securing freedoms, rights, and democratic accountability as individuals, groups, and nations struggle over control of information flows?

What lessons can we learn about how to regulate information flow from past experience with other kinds of flow across borders— for example, flows of goods, services, people, and capital?

For a full conference description, list of speakers, schedule, and resources, please visit the Yale ISP web site ( http://islandia.law.yale.edu/isp/ ).


Writing Competition


Submissions for the writing competition must be received by noon EST, February 1st, 2005. The author of the best paper, as well as two runners-up will be invited to present their work at a panel during the conference. The author of the winning paper will receive coverage of his/her travel to and accommodations at Yale University for the conference. Selected papers will be announced by March 1st, 2005. The authors of the award-winning papers will automatically be invited to publish their work in special Fall 2005 volumes of the Yale Journal of Law & Technology (http://yjolt.org) and the International Journal of Communications Law and Policy ( http://www.ijclp.org ) devoted to the conference topic.


Journal Publication


Submissions for publication must be received by noon EST, May 1st, 2005 . The selection committee, composed of the editorial boards of YJoLT and IJCLP, will review and consider all submissions for publication in the special Fall Volume 2005 of the journals, including submissions for the writing competition. Authors will be notified of acceptance by June 1st, 2005. The journals reserve the right to decide which journal will publish which work, based on the journals' respective audiences and editorial expertise.


Submission Guidelines


All submissions should be written in English in .doc or .pdf format. They should conform to academic citation standards, be no longer than 25,000 words, and include an abstract of up to 250 words. Submissions should be e-mailed simultaneously to Simone Bonetti (simo.bonetti@tiscalinet.it) and Boris Rotenberg (boris_rotenberg@yahoo.it), lead editors IJCLP; as well as to Lawrence Cogswell (lawrence.cogswell@yale.edu), Editor-in-Chief, YJoLT. Inquiries may be addressed to any of the above.

Guess what this is!

pinkyarn.bmp

Answer here.

Important New Election Accuracy Group

Welcome to USCountVotes

A group of independent mathematicians, statisticians and computer professionals has formed a new, volunteer scientific research project to objectively investigate the accuracy of elections in America. 

More on Ohio Vote Tampering

Startling new revelations highlight rare Congressional hearings on Ohio vote by Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman, in the December 13, 2004 Free Press:

Startling new revelations about Ohio's presidential vote have been uncovered as Democratic members of the House Judiciary Committee join Rev. Jesse Jackson in Columbus, the state capital, on Monday, Dec. 13, to hold a rare field hearing into election malfeasance and manipulation in the 2004 vote. The Congressional delegation will include Rep. John Conyers (D-MI), Rep. Maxine Waters (D-CA), Rep. Stephanie Tubbs-Jones, and others.

Taken together, the revelations show Republicans – in state and county government, and in the Ohio Republican Party – were determined to undermine and suppress Democratic turnout by a wide variety of methods.

The revelations were included in affidavits gathered for an election challenge lawsuit filed Monday at the Ohio Supreme Court. Ohio's Republican Electoral College representatives are also to meet at noon, Monday, at the State House, even though the presidential recount, requested by the Green and Libertarian Parties, is only beginning the same day.

On Sunday, John Kerry spoke with Rev. Jesse Jackson and urged him to take an more active role in investigating the irregularities and ensuring a fair and impartial recount. Kerry said there were three areas of inquiry that should be addressed: 92,000 ballots that recorded no vote for president; qualifying and counting provisional ballots; and supported an independent analysis of the software and set-up of the optical scan voting machines.

What follows are excerpts from some of the affidavits for the election challenge.

- In Warren County, where election officers declared a homeland security emergency on Election Day, and barred reporters and others from watching the vote count, it now has been revealed that county employees were told the previous Thursday they should prepare for the Election Day lockdown. That disclosure suggests the lockdown was a political decision, not a true security risk. Moreover, statements also describe how ballots were left unguarded and unprotected in a warehouse on Election Day, and they were hastily moved after county officials received complaints.

- In Franklin County, where Columbus is located, the election director, Matt Damschroder, misinformed a federal court on Election Day when he testified the county had no additional voting machines – in response to a Voting Rights Act lawsuit brought by the state Democratic Party that minority precincts were intentionally deprived of machines. It now appears as many as 81 voting machines were being held back, out of 2,866 available, according to recent statements by Damschroder and Bill Anthony, the chairman of the Franklin County Board of Elections. The shortage of machines in Democratic-leaning districts lead to long lines and thousands of people leaving in frustration and not voting. Damschroder's contradictory statements raise the possibility of perjury.

- Also in Franklin County, a worker at the Holiday Inn observed a team of 25 people who called themselves the "Texas Strike Force" using payphones to make intimidating calls to likely voters, targeting people recently in the prison system. The "Texas Strike Force" members paid their way to Ohio, but their hotel accommodations were paid for by the Ohio Republican Party, whose headquarters is across the street. The hotel worker heard one caller threaten a likely voter with being reported to the FBI and returning to jail if he voted. Another hotel worker called the police, who came but did nothing.

- In Knox County, students at Kenyon College, a liberal arts school, stood in line for up to 11 hours, because only one voting machine was in use. However, at nearby Mt. Vernon Nazarene University, there were ample voting machines and no lines. This suggests the GOP shorting of voting machines was a more widespread tactic than just targeting inner-city neighborhoods.

- Reports in sworn affidavits affirm numerous instances of direct official interference with the right to vote. In Warren County, Democrats were being targeted and forced to use provisional ballots, even if they had proper identification. These ballots were then subjected to more rigorous standards to be counted than were other ballots. In a half-dozen precincts in Franklin County, people who were not inside polling places by 7:30 PM were told to leave - even if they had waited in line for hours. This is a violation of the Voting Rights Act. Sworn affidavits also confirmed reports of old voter rolls being used, meaning that new voters were not on the list and would be given provisional ballots, if allowed to vote at all.

Affidavits were also filed in support of the election challenge suit raising questions about manipulating exit poll results and computer tabulation of county and statewide votes.

In one exit poll affidavit, Jonathan David Simon, an expert witness, notes that at 12:53 a.m. the exit polls altered the projected winner – even though the same number of votes had been cast. "Although each update reports the same number of respondents (872), the reported results differ significantly, with the latter (12:53 a.m.) exit poll results apparently having been brought into congruence with the tabulated vote results." In other words, the exit polls were made to conform to a political decision to declare Bush the victor.

Another exit poll affidavit, filed by Ron Paul Baiman, an economist and statistician at the University of Illinois and University of Chicago, said the swing in national exit poll results, recorded at 12:33 a.m., when Kerry was winning with 50.8 percent of the vote, to Bush winning with 51.2 percent, was, "in lay terms, impossible."

"This is more than a 100 percent swing in the other direction of the exit poll margin, he said. "There is less than a one in 25,000,000 (1/25,507,308) chance of this occurring."

Another affidavit by Richard Hayes Phillips, a geomorphology Ph.D. from University of Oregon with a special expertise in spotting anomalous data, found dramatic examples of erroneous voting patterns – with votes taken away from Kerry - that can only be explained by computer manipulation.

For instance, in 16 precincts in Cleveland, he found votes that were shifted from Kerry to other candidates. In at least 30 precincts, there was ultra-low voter turnout reported – as low as 7.1 percent or 13.05 percent – and seven entire wards where total turnout was below 50 percent. He writes, "Kerry won Cleveland with 83.27 percent of the vote to 15.88 percent for Bush. If voter turnout were really 60 percent of registered voters, as seems likely based on turnout in other major cities of Ohio, rather than 49.89 percent as reported, Kerry's margin of victory in Cleveland has been wrongly reduced by 22,000 votes."

Phillips points to other counties where has says "there is compelling evidence of fraud." In Miami County early on election night, when 31,620 votes had been counted, and later, when 50,235 votes were counted, "Kerry had exactly the same percentage, 33.92 percent, and the percentage for George Bush was almost exactly the same, dropping by 0.03 percent from 65.80 to 65.77 percent. The second set of returns gave Bush a margin of exactly 16,000 votes, giving cause to question the integrity of the central counting device for the optical scan machines. "

He cites many other examples, but summarizes his findings: "It is my professional opinion that John Kerry's margins of victory were wrongly reduced by 22,000 votes in Cleveland, by 17,000 votes in Columbus, and by as many as 7,000 votes in Toledo. It is my further professional opinion that John Kerry's margins of defeat in Warren, Butler, and Clermont Counties were inflated by as many as 37,000 votes in the aggregate, and in Miami County by as many as 6,000 votes. There are still 92,672 uncounted regular ballots that, based upon the analysis set forth of the election results from Dayton and Cincinnati, may be expected to break for John Kerry by an overwhelming margin. And there are still 14,441 uncounted provisional ballots."

Wear Blue on January 20, 2005

From Free Blue:

On Inauguration Day show the world that you do not support the Bush Administration by wearing a blue shirt. Whether you are a Democrat, Libertarian, Green, Progressive, Independent, or disenchanted Republican on Inauguration Day we will all join together to show a unified front against the Neo-Conservative agenda. On January 20, people throughout the world will form a sea of blue. In what could be the largest demonstration in history, we will let the Bush Administration know that they do not have a “mandate” to do as they please.

Sivacrac M&Ms

mm.jpg

You can order customized M&Ms here! Unfortunately, there is an eight letter maximum.

Tom Tomorrow's Tale

Well, it is Microsoft, after all [accessed here]
"A month ago, I wrote a short essay for Slate (which they used). Today in the mail, I received a large envelope full of numerous forms I have to fill out in order to collect the pittance I am owed. Among the highlights, I am asked to sign away world rights to edit, publish, and distribute the material, as well as to irrevocably and unconditionally waive in perpetuity any rights I may have "under any law relating to 'moral rights of authors' or any similar law throughout the world." In short, if I grant them permission to use the piece in any way they want, forever and ever, then I can collect my one-time fee. Not that any of this matters in a practical sense--this little one-off essay is unlikely to be a hotly contested property--but you have to understand that as a self-syndicated cartoonist, I've been fending off rights-grabs like this my entire career, and am extremely cautious about what I sign. And the thing is, I didn't go to Slate saying, hey can I please work for you? I'll sign anything you want! They asked me to contribute a piece, I agreed--and a month later, I find out that if I want to be paid, I have to sign something I consider morally objectionable. And I am told that if I don't sign, I don't get paid. (It would have been nice to know this before I did the work, of course--I would certainly have passed on the assignment.)

"Additionally, I am instructed to fill out a multi-page New US Vendor application, as if I were simply another eager supplicant petitioning Microsoft, a would-be supplier of silicon wafers or mother boards or bubble wrap or some damn thing. To prove my tax status, I must list 3-5 current clients, including phone numbers, provide my business letterhead, business card, a company brochure, and a copy of my business license. Now, as far as I know, they aren't licensing political cartoonists quite yet, and as for the letterhead, brochure, etc.--I couldn't supply most of that if I wanted to, because I don't have any of it. I do everything via email these days. It's this nifty thing, you do it on computers. Somebody should tell the folks at Microsoft about it.

"Apparently everyone who writes for Slate jumps through these hoops, which I find somewhat astonishing--but I am often astonished by the things other people are willing to do. As for me, at this moment, it looks like I gave Bill Gates a day of work for free. Shit happens, I guess."

Rapture Ready Website Synopsis

From RaptureReady.us:
"I wanted to condense all of the information into an easy-to-read document that could be distributed to those who are left behind. If it has taken place, please photocopy and distribute this information to others. There are few books on the subject and the Internet will most likely shut down the day it happens from people desperately trying to understand what the rapture was. Also be aware that God will send strong delusion (II Thess 2:11) to those who rejected the Gospel before the rapture--just realize that the Christians who love Jesus are the ones who are gone--rely on nothing other than the Bible as the foundation for what you believe."

Well, at least after the Rapture the sinners get fair use! Learned about this at Kung Fu Monkey.

Abe's Treachery Still An Issue in South Carolina

Rep. Brian White
South Carolina House of Representatives

Dear Rep. White,

I salute you, sir, for appointing Ron Wilson, a courageous defender of our great Southern heritage, to the State Board of Education. It was a bold move to put a peddler of anti-Semitic books in a position where he can influence a whole generation of Christian white children.

Sure, there are those who criticize him for organizing the John Wilkes Boothe Camp of the Sons of Confederate Veterans. They call it a racist organization and condemn it for celebrating the execution of Abraham Lincoln. They fail to see the scope of Honest Abe's treachery.

Lincoln was a RINO, a Republican in name only. He abandoned his conservative values, and by extension his God, the moment he signed the Emancipation Proclamation and ended the biblically ordained institution of slavery.

Although respect for slavery is making a comeback in our Christian schools, most people, unfortunately, have been brainwashed into believing that it was an imposition on brown people. In today's touchy-feely culture, that's seen as a bad thing, so Lincoln is celebrated.

.... [read full text here]

Heterosexually yours,
Gen. JC Christian, patriot

December 16, 2004

Where In the World Are My Meds?

New Bush family holiday video entitled "Where in the White House is Miss Beazley?" available here. Exactly the production values you'd expect from the creative team that planned and executed the Iraq war.

Judge Requires Crib Notes on Robe

commandment_robe.jpg

Alabama Circuit Judge Ashley McKathan told The Associated Press that he believes the Ten Commandments represent the truth "and you can't divorce the law from the truth. ... The Ten Commandments can help a judge know the difference between right and wrong." More here.

Great Op-Ed on Haiti

My buddy Ethan Casey just had this published in the Sun-Sentinal:

Listen to the people for a different view By Ethan Casey

December 16, 2004

"Do you believe you're a political prisoner?" I asked Father Gerard Jean-Juste at a prison in Port-au-Prince, a few days before he was released.

Jean-Juste is a popular Roman Catholic priest who runs a feeding program for children at his parish outside the Haitian capital. He was arrested Oct. 13 after a siege by police and released Nov. 29 following international pressure.

"Yes," he told me. "Some hours before my arrest I was talking to President Aristide," the former Miami resident went on. "I told him I was going to spend a month in Florida, to be with the Haitian community. The phone [call] was intercepted. You should ask the American government about that."

Jean-Juste was suggesting he was arrested to keep him from mobilizing Haitian-Americans in South Florida to vote for John Kerry on Nov. 2.
...

"Is Pere Jean-Juste going to be in danger again after this?" I asked his lawyer, Mario Joseph.

"They put him in prison because they're afraid of him," he said. "If they put him in prison, they can kill him, too. I also could be in danger because I work with him."

I asked Joseph if he thought Gerard Latortue, the longtime Boca Raton resident who is now Haiti's U.S.-installed interim prime minister, was mechant, or wicked.

"It's not Latortue himself," he said. "It's the system. It's like asking if Bush is mechant because he went into Iraq. In Haiti we have to say there's a dictatorial government now. This government has all the characteristics of a dictatorial government."

Such views may seem overheated to many on what Haitians call l'autre bord de l'eau -- the other side of the water. But Bay kou blie; pote mak sonje goes a Haitian saying: He who gives the blow forgets; he who bears the bruise remembers. Americans, even in Florida, might forget how intimately our country's history is entwined with that of our poorest neighbor. Haitians don't have that luxury, as they struggle to find some pattern in the onrush of chronically urgent events.

Jean-Juste's friend Dr. Paul Farmer, the Harvard Medical School professor whose work in central Haiti is the subject of Tracy Kidder's book Mountains Beyond Mountains, taught me to listen respectfully to what ordinary -- which is to say, poor -- Haitians say, even if to an American ear it sounds ridiculous. "Bush -- unelected -- overthrows Aristide -- elected," Farmer told me in August. "Haitians see symmetry: Bush I overthrows Aristide I, Bush II overthrows Aristide II. What incentive do the Haitian people have to vote again?"

"When I see you writing, it doesn't make me hate you," Farmer's co-worker Ti Jean Gabriel told me. "When I see Paul with a stethoscope, it doesn't make me feel bad. But when I see an American soldier in Haiti, it makes me want to kill myself."

"This must be a lot like what you heard in the Islamic world," remarked Farmer. "These are the people I work with, and this is how they talk to me."

On Aug. 14, I spent several hours following a pro-Aristide demonstration in Port-au-Prince. In the confused minutes after police killed a man outside the National Palace, I recorded one Haitian's oracular words, translating for another eyewitness:

"When Aristide asked to have help in the country, George Bush preferred to send people in the Dominican Republic to be trained. So they say that they're fighting against terrorism, but they're kind of the father of terrorism. All that the United States is suffering right now in terrorism is because of the policy of the United States over all the world. … The threat is clear on the United States, and if George Bush doesn't stop, maybe it will be worse every day."

Marc Bazin was the candidate supported by the first President Bush in Haiti's historic 1990 election won by Jean-Bertrand Aristide. Perhaps it's a sign of the times that when I asked Bazin whether the Bush administration had been involved in the Feb. 29, 2004, overthrow of Aristide, he did not dismiss the suggestion, but instead replied: "Whether they put the train in motion, whether they engineered the whole thing, is not clear to me. But you are not going to have things taking place here without the U.S. saying yes or no. No way."

Ethan Casey is the author of Alive and Well in Pakistan and of Haitian Revolutions: Two Decades on the Ground, to be published in April. E-mail: ecasey@blueear.com.

Pee Yew

Hummer Fragrance For Men: For when you want to smell like a gas-guzzling road hog?

Santa Baby

santababy.jpg
Buy the above statuary for your lawn here. Might as well stock up on holy water bottles while you are there.

Perseus Blog Survey

Accessible here. Some of the findings:

"Even as MP3 sharing and instant messaging began with teenagers, teenagers have created the majority of blogs. Blogs are currently the province of the young, with 92.4% of blogs created by people under the age of 30."

"Females are slightly more likely than males to create blogs, accounting for 56.0% of hosted blogs."

"When you say "blog" most people think of the most popular weblogs, which are often updated multiple times a day and which by definition have tens of thousands of daily readers. These make up the tip of a very deep iceberg: prominently visible, but not characteristic of the iceberg as a whole. What is below the water line are the literally millions of blogs that are rarely pointed to by others, since they are only of interest to the family, friends, fellow students and co-workers of their teenage and 20-something bloggers. Think of them as blogs for nanoaudiences."

The methodology of the survey is described at the bottom of the page.

Could "Crooked Timber" Be One of Those Double Entendres?

One commentor observed that the postings at Crooked Timber seemed to be mostly by men. Some of the reactions follow:

Yes, why aren’t the female members of the blog being forced to write posts to make it more equitable?

I would be right up for getting a few more birds in round here to raise the tone and look decorative. Do you have any suggestions as to how the CT staff could meet more women? I suspect it might not just be me who’s interested.

“The fact that approximately 3% of the December posts are by women is strong evidence for the hypothesis that CT has a comical, embarassing, hypocritical white-male bias for a blog that portrays itself as hip and leftist.” Deb, is it your contention that women are inherently less productive than men? Why do you hate women?

First of all I don’t see why you think “hip and leftist” = “woman friendly” Secondly I think you’ll also find similar skews one way or the other on Right wing blogs. Thirdly, well crooked timber just aint that woman friendly - you’d be better off with smooth pine! :)

Deb,
What would you like, posting quotas? 50% of posts must be made by women and if it dips below that, males aren’t allowed to post until the females members have gotten the average up to 50%. Would that be good enough?Would you prefer that female bloggers who aren’t up to the standards of CT be asked to join or would you prefer that male posters who are up to those standards be told they’re not posters anymore? Perhaps both? To you, are the terms “hip and leftist” synonymous with “equality of results”?


December 15, 2004

Telegenetic Zell Miller To Join Fox News

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Story from 12/14/04 USAToday.com accessible here.

The FCC Obviously Has Too Much Free Time

The FCC is reportedly investigating the opening ceremony of the Athens Olympics, see Yahoo News story here. After they finish with the opening ceremony, wonder if they will start reviewing tapes of athletes in swimsuits.

NEW YORK (Hollywood Reporter) - The Federal Communications Commission has asked for a tape of NBC's broadcast of the opening ceremony of the Summer Olympics after it received at least one indecency complaint.

An FCC spokesman Friday could neither confirm nor deny whether the agency had begun an investigation into possible indecency. The Aug. 13 tape-delayed broadcast featured a pregnant woman and a man and a woman performing interpretative dances around the history of Athens and Greece. According to photographs on the Athens 2004 Web site, the ceremony also included statues of naked men, though it wasn't clear whether those were broadcast.

Ohio Vote Tampering Updates

Read about the suit that Green Party presidential candidate David Cobb and Libertarian presidential candidate Michael Badnarik, along with Kerry-Edwards 2004, have filed against the state of Ohio over problems with the state's recount, at Raw Story, here.

Resources for my MIT Talk

Frank Field has Posted my PowerPoint Slides. You can get them here.

And a reminder that Frank is blogging the entire conference on Furdlog. Hal Abelson is doing his fabulous show right now.

And here is a PDF file of the uncorrected proofs of a paper that relates to my presentation. It's not final. You can find the final version of it in the latest issue of the Annals of the American Academy of Political Science.

Please send me comments on the paper.

Try Outlawing This

Ed Felten has written a P2P program in 15 lines of code. The point is to show the futility of outlawing such things.

My Presentation at MIT Today

I could not upload the slides to my server. Too large. So here is the outline.

Universal Remote Control: Trends in Global Information Politics A Presentation by Siva Vaidhyanathan http://sivacracy.net New England Chapter of the American Society for Information Science and Technology (NEASIS&T) MIT 15 December 2004
Global Meetings, November 2004 President Bush was in Chile and Colombia talking trade Colin Powell was in Jerusalem talking Road Maps EU leaders were in Paris working on restructuring Iraqi debt WIPO met in Geneva, discussing technological restrictions on broadcasting I.e. global broadcast flag

Global Cultural Policy
Nobody debates “US Cultural Policy”
Yet “culture” is clearly crucial
Global cultural policy is debated globally, but citizens and NGOs have little power
Sites: UNESCO, WIPO, WTO

Right to Culture
The "right to culture" has been a key foundation of cultural policy. In 1948, soon after the United Nations was established, its members declared a "Universal Declaration of Human Rights" which asserted that ”Everyone has the right freely to participate in the cultural life of the community.”

The Global System
The trade system (WTO, NAFTA, FTAA, etc.)
The policy/grant system (UNESCO, World Bank, foundations)
The Copyright System (for lack of a better name)
Not just a regulatory/legal concept
Complex interactions among market dynamics, non-market behaviors, regulatory systems, law, norms, habits, ideologies, cultural capital, social capital, architecture
Actors include publishers, users, regulators, volunteers, rebels, mediators


Disequilibrium
Equilibrium in the copyright system is anomalous
Disequilibrium is the norm over 3000 years
Yet disequilibrium is perhaps more pronounced now than any time in the past 200 years
No one is happy

The Stakes of Disequilibrium
Stakes are higher -- copyrights are the most valuable U.S. export
System is more dispersed and decentralized -- communicative technologies put power at the endpoints of the system
Emergence of global and powerfully connected nodes and endpoints (markets, Diasporic communities, political movements, religious sects, criminal syndicates, etc.)
Local/Indigenous/Traditional Knowledge challenged under threats of global tidal wave

Nobody is Happy
Global connectivity is uncomfortable or for many interests -- “connective anxieties”
Enforcement is harder than ever before
Norms breaking down (if they ever existed)
Basic democratic safeguards threatened
Copyright holders have persuaded policy makers to strengthen the legal regime in new and powerful ways
Digital regulations (Digital Millennium Copyright Act, European Copyright Directive, trade agreements etc.)
Global standardization (WIPO, TRIPS)

Trying to Rule
All parties are trying to establish equilibrium on their own terms
Sides deeply fear the others’ terms of equilibrium
Therefore, no equilibrium in sight
In fact, energized, motivated conflicting interests seem to prevent any establishment of equilibrium
Until all parties agree on principles and mutual respect of interests and stakes, no equilibrium is possible

Remote Control
United States government (at the behest of its copyright industries) is trying to embed its values in the very communicative technologies that have lowered the costs of and barriers to entry.

“Electronic Cultural Policy”
DMCA, Digital Broadcast Flag, “Induce Act”
Local/Traditional Knowledge
Would recognition of communal knowledge demand a new matrix of rights? A sui generis intellectual property right?

Goal: dignity and respect
But “Commons” and “Public Domain” are not satisfying concepts to those in a weaker positions in global culture markets.

Problems with Group Rights
Membership not always clear
Groups, not individuals, must act according to liberal individualistic ideologies -- “possesive individualism” becomes “possesive groupism.”
Corruption and exclusion -- who owns Koran? Saffron? Ram? Swastika?
Rights are alienable, licenseable, exploitable
More rights over more rights might freeze or calcify culture -- culture is sharing, revision, Creolization

Developing Nations and Cultural Policy
Less space for national cultural policy -- constrained by US, WIPO, WTO, etc.

Incubating infrastructure for cultural industries only allowed for “frozen cultures” and tourism
UNESCO and the Nubians
Can’t follow protectionist models of US, UK, etc.
Can’t invest in public media -- Netherlands and Public Service Broadcasting

Open Societies Under Pressure
Corporatism and enclosure
State corruption
Group rights claims
Tragedies of the commons
Tragedies of the anti-commons
Anarchism -- too much openness, not enough society?

Culture is Gumbo
To be cultural is to share
To add to culture is to mix, mash, review, and revise
To be cultural is to be human

Christmas Lights are the Real Killers!

Are The Lights On At the CDC?
From the Center for Consumer Freedom, accessible here:

Today, the Centers for Disease Control and Prevention (CDC) blew the lid off one of the nation's most pressing public health scourges: Christmas lights. While you may think they are little more than an innocent holiday tradition, it is now clear that Christmas decorating is slowly crippling our nation. According to a CDC study reported in the agency's cheery journal Morbidity and Mortality Weekly Report, more than 5,000 Americans suffer "holiday-decorating-related falls" each year. Despite widespread coverage of the CDC's statistical malpractice that led to a massive overestimation of obesity-related deaths, this holiday-decoration study seems gift-wrapped for public health zealots. After all, it is now evident that we have an epidemic of Christmas slip-and-falls.

Recent headlines might lead you to believe that the CDC has shifted its focus from fighting minor annoyances such as AIDS, the Ebola virus, and malaria to more pressing issues like the supposed added cost of airline fuel due to obesity (found in a recent one-page-long "study") and the plague of holiday lights. The CDC's incontrovertible evidence should be a call to action to combat this ominous public health threat before it literally cripples our nation.

Knowing how hysteria follows CDC announcements of this sort, we expect to see the following quotes soon from some of the most insufferable scaremongers:

Santa-sized naysayer Kelly "Big Brother" Brownell:

* "We live in a toxic light environment."
* "This could be the first generation of decorators to lead shorter lives than their parents."
* "In my mind there's no difference between Rudolph and Joe Camel."

The Grinch-like Marion Nestle:

* "The Christmas light industry is just another example of late-stage 20th century capitalism and I can't fix that."
* "Christmas is too cheap in this country."

Not-So-"Wise"-Man Michael Jacobson:

* "You can hang Christmas lights if you want to, but just know that they are going to kill you."
* "We need a one percent tax on every Christmas light. The proceeds would go to a national decoration education fund."
* "I'm not ruining Christmas. Christmas is being ruined by the tree tinsel industry."

Tinsel Terrorist John "Sue the Bastards" Banzhaf:

* "We might discover that it's possible to become addicted to the all-American tradition of Christmas lights."
* "We're going to sue them and sue them and sue them."

The reindeer-obsessed Neal Barnard:

* "To let a child decorate a Christmas tree is a form of child abuse."
* "Christmas lights are just as dangerous to public health as tobacco use ... It's time we looked into holding the light producers and Christmas outlets legally accountable."

Catholics Defend Morality Againt Vaginas

TFP Student Action Launches Protest

"Scandalizing students nationwide, 518 colleges and universities intend to allow performances of the lewd "V***** Monologues" play on their campuses, a piece replete with sexual encounters, lust, graphic descriptions of masturbation and lesbian behavior.

"Perhaps the most disturbing fact is that dozens of prominent Catholic universities have permitted this play on campus year after year during the months of February and March, including Georgetown University, University of Notre Dame, Saint Louis University, Saint Francis University, Fordham University, Loyola Marymount University and others.

"It is difficult to fathom how any Catholic institution of higher learning would give open forum to this play, which explicitly condones mortal sin, and promotes the corrosive agenda of the sexual revolution on campus."

You Can Join the Protest

TFP Student Action has launched its protest against the corporate sponsors of V-Day, the group that issues licenses for the "V***** Monologues" play. To sign and send your e-protest, just click here.

"Our next step will be to contact Catholic university officials where the "V***** Monologues" is scheduled and ask them to immediately cancel the immoral play," said TFP Student Action director John Ritchie. " We hope to generate one million protest messages with this campaign."

Protests are effective. In fact, 16 Catholic colleges canceled the play earlier this year because of protests. Hundreds of protest letters, e-mails, and phone calls flooding into university offices can cause public relations nightmares for college presidents. TFP applauds the university officials that banned the play.

Concerned Catholic Parents

Catholic parents with children at these institutions are deeply distraught. Many assume their tuition goes towards a good "Catholic" education, that somehow guarantees their children's formation in matters of Faith and morals. However, by allowing events such as the lustful "V***** Monologues" on Catholic campuses, administration officials send mixed messages to students, and jeopardize students' Faith.

Bishop Criticizes Production

Bishop John M. D'Arcy of the Fort Wayne-South Bend diocese, Indiana, criticized the "V***** Monologues" in a two-page statement published earlier this year. He said it should have never played at the University of Notre Dame. "The play violates the truth about women, the truth about sexuality, the truth about male and female and the truth about the human body."

Bishop D'Arcy continues: "Freedom in the Catholic tradition, and even in the American political tradition, is not the right to do anything. Freedom in the academy is always subject to a particular discipline. It is never an absolute… Freedom in the Catholic tradition is not the right to do this rather than that. That would be an entirely superficial idea of freedom… Freedom is the capacity to choose the good."

Will Catholic colleges listen?

* * *

You can now send your e-protest to the corporate sponsors of V-Day by clicking here. V-Day 2005 sponsors include BARNEYS NEW YORK, Bobbi Brown, Dramatist Play Service, Eileen Fisher, Hearst, Lifetime Television, Luna, Marie Claire, Tampax, Time Inc. and Vosges Haut Chocolate.

The success of this effort depends on how many people join this peaceful protest. To forward this message to your friends, please click here. Thank you for defending morality.

Justice for Lani Guinier

When Bernard Kerik asserted he asked that his nomination for Secretary of Homeland Security be withdrawn because of a "nanny problem," news reports about other failed nominees erroneously included Lani Guinier. Examples include Jon Stewart on Comedy Central (see clip here, posted 12/14, scroll down).

Lani Guinier absolutely DID NOT have a "nanny problem"! She was too liberal or something for Clinton, too smart and confident would be my diagnosis, but she did ABSOLUTELY NOTHING WRONG. Below is a letter Lani wrote than ran in yesterday's Washington Post, followed by the Washington Post's correction that also was published yesterday:


To Whom It May Concern:

I have been committed since 1993 to correcting the public's unfortunate confusion about my ideas. It has been an uphill battle, more so now because I have to struggle to correct the media's confusion about its role in the story.

The Clinton White House withdrew my nomination in 1993 to be Assistant Attorney General for Civil Rights in response to controversy about my academic writings on democracy. The controversy was fueled by a media firestorm that reported many of my ideas -- and me -- out of context. I was disheartened to read that some reporters on your paper are now writing a revisionist history that lets the media off the hook in 1993 and instead asserts -- inaccurately -- that my nomination was withdrawn because of concerns about domestic help.

Those who are interested in my ideas about democracy, which got me into so much trouble in 1993, might want to read two books I authored explaining those events: The Tyranny of the Majority (Free Press: 1994) and Lift Every Voice: Turning a Civil Rights Setback into a New Vision of Social Justice (Simon and Schuster: 1998).

Sincerely,

Lani Guinier
Cambridge, MA 02138

Here is the actual text of the Post's correction:

Correction
A Dec. 12 article incorrectly said that Lani Guinier's nomination to head the Justice Department's civil rights division under President Bill Clinton was withdrawn because of a "nanny problem." There was no such problem, and the Clinton White House withdrew the nomination because of controversy over Guinier's legal writings

Here is what I am Doing Today

I am at MIT, participating in a great conference on libraries and technology.

Jonathan Zittrain of Harvard Law, Wendy Seltzer of EFF, and Hal Ableson of MIT are joining me on this program.

I was going to blog the event, but Frank Field is already doing a much better job that I could.

Please check out Frank's site for regular updates. Jonathan is on now. Wendy is next. I follow Wendy. Hal bats cleanup.

Censorship On The March

Wal-Mart Sued Over Evanescence Lyrics
By DAVID DISHNEAU, Associated Press Writer, December 11, 2004

HAGERSTOWN, Md. -- Wal-Mart Stores Inc., which promotes itself as a seller of clean music, deceived customers by stocking compact discs by the rock group Evanescence that contain the f-word, a lawsuit claims.

The hit group's latest CD and DVD, "Anywhere But Home," don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy.

But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, "Thoughtless," because it censored the word in a free sample available on its Web site and in its stores.The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland.

"I don't want any other families to get this, expecting it to be clean. It needs to be removed from the shelves to prevent other children from hearing it," said plaintiff Trevin Skeens of Brownsville. Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home.

Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He said the company will investigate the allegations. No hearing dates have been set.

"While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Whitcomb told the newspaper.He told the Herald-Mail that the song sample online was censored by Walmart.com, a separate division of Wal-Mart. Whitcomb didn't return telephone calls Friday from The Associated Press.

The lawsuit also names as defendants Wind-up Records LLC, the New York-based company that recorded the music and decided not to apply parental-advisory stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music Entertainment, of New York.Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls from the AP. The Skeens' lawyer, Jon D. Pels of Bethesda, said he aims to "take this case national, even if that means going state by state."

He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about the censored version of the song. "They are a multimillion-dollar corporation and they certainly can communicate among their various entities," he said.

Notes Roger Ailes: Apparently the song is a Korn cover, and contains the word fuck, a verb popularized by Dick Cheney on the floor of the United States Senate. As for young Miss Skeens, I doubt $74,500 will compensate her for the pain and mental suffering resulting from being the daughter of Trevin Skeens.

December 14, 2004

For Those of Us Concerned about Free Speech, Democracy, and Creativity ...

... it's been a very good year.

Well, almost. In 2004 We played some excellent defense against the Copyright Cabal.

We still have Patriot II and the general secrecy of the Bush administration to defeat. But at least Hollywood is feeling us.

December 13, 2004

Another Surprising Patent

Read about it here.

Judge For Sale on eBay!

A Judge for Sale on EBay, Shipping Included, Isn't Laughing
By JEFFREY GETTLEMAN, in today's NYT:

When Jerald R. Klein, a Manhattan housing court judge, got a call from a reporter yesterday morning, he had no idea why he was being bothered at home on the weekend.He did not know that his face was all over eBay. He did not know that he was for sale.

"What are you talking about?" he said. "Yes, I am a housing court judge. But I'm not for sale."

According to a posting on eBay, an online auction house, the 55-year-old judge would go to the highest bidder. After four days, the best offer was $127.50. The eBay advertisement, titled "Judge for Sale," showed a picture of Judge Klein sitting in a courtroom and grinning at the camera, and then listed a number of accusations criticizing the way the judge dispenses justice. Free worldwide shipping was even included.

Judge Klein has spent 22 years untangling landlord-tenant disputes in New York City Civil Court. As he suspected, a disgruntled litigant was the behind the advertisement, which had eluded eBay authorities. That litigant is Janet Schoenberg, who is being evicted on Thursday from her studio apartment in the East Village. She said she created the ad after exhausting all other avenues to attract attention to her case, which she said was being improperly handled by Judge Klein.

"In today's world, this is how people who are not celebrities can get their voice heard," said Ms. Schoenberg. Ms. Schoenberg, who said that she had never sold anything on eBay and that it was "ridiculously easy" to make the ad, maintained that the listing was intended as a joke.

"I didn't expect anybody to actually bid on this," she said. "It was satire; it was parody."

Ms. Schoenberg posted the ad on Wednesday. By 10:18 yesterday morning, the site had drawn 6,400 hits and 21 bids, which Judge Klein did not find funny.

"I'm outraged that eBay would post this," the judge said from his home on Long Island. "I'd like to know their rules for this. I'd like to know what investigation they did before they put this out there."

EBay conducted no investigation before posting the ad, according to a spokesman, and it never does. Because of the volume of trade - there are more than 30 million listings on eBay, with 3.6 million listings added every day - the company cannot screen advertisements before they are posted on the Internet, said Hani Durzy, an eBay spokesman.

"We rely on our traders and the public to point these things out," Mr. Durzy said. EBay is an Internet intermediary between buyers and sellers, for everything from baseballs to Texas ranchland. Mr. Durzy added that the company did use computer filters to identify improper items and advertisements, but said they were not foolproof.

Strange things have surfaced before on eBay, some getting sold, others eventually getting pulled: a grilled cheese sandwich with an image of the Virgin Mary burned into it; a ghost; a vote from Ohio; even the Internet itself.

But Mr. Durzy said eBay, which is the world's largest Internet retailer, even bigger than Amazon, had never had a judge for sale before.

Within seconds of looking at the ad, Mr. Durzy rattled off a list of rules he said it violated: misleading title, misleading description, unauthorized use of a photo, unauthorized use of a name, illegal product.

"You're not allowed to sell human remains or human beings on eBay," Mr. Durzy explained.

Mr. Durzy also said Judge Klein was listed under the wrong category, maybe a small thing, but another violation nonetheless.

Ms. Schoenberg listed her advertisement under the heading "Sporting Goods, Archery, Arrows, Shafts."

"Shaft has multiple meanings," explained Ms. Schoenberg, who said she once worked as a comedy writer. "Again," she emphasized, "this is parody."

But Mr. Durzy said eBay was no place for parody.

"It's a place for people to buy and sell goods," he said.

Ms. Schoenberg countered that the judge himself was never for sale. In fine print after the list of complaints, in which she accuses Judge Klein of lying and breaking the law, she explained that her posting was a "work of art" and that what was actually for sale was an audiocassette of the judge's proceedings, which are public record. She said the tape proved that she was being wrongly evicted from her rent-controlled studio, where she has lived for the past six years.

But eBay did not buy it.

Within 90 minutes of learning about the ad from a reporter, eBay officials removed it. "It is a thinly veiled personal attack," Mr. Durzy explained.

But before the ad was removed, it had already been posted on dozens of Internet-based message boards, including dozens of sports Web sites, advertising "Crooked judge for sale."

Devereux Chatillon, an expert in First Amendment law at Sonnenschein, Nath & Rosenthal, a New York law firm, said that even though the advertisement was gone, it could still spell legal trouble.

"It doesn't look to me like a parody," Ms. Chatillon said. "It looks like angry commentary. And if it's based on statements that are wrong, it could be libelous."

Ms. Schoenberg said it had never occurred to her that what she was doing could get her into trouble.

"I really didn't think of that," she said.

Judge Klein would not comment on the potential libel issues. He said he was going to discuss with his court administrators what to do next.

"Judges are ill equipped to fight eBay," he said, clearly frustrated yesterday afternoon, before the advertisement had been pulled. "How do I fight eBay?"

Iran

Two years ago if I'd heard a report on NPR's Morning Edition about the "growing pro-American sentiment" in Iran I wouldn't have thought much about it. Hearing it this morning filled me with dread. Is this the start of a campaign to convince us that most Iranians actually want us to invade their country and bomb them into "democracy"?

And what does it mean to have "pro-American sentiments"? Many of the high profile opponents of the current Iranian theocracy proudly identify as liberals and secularists. I wish I knew more about the particular aspects of this country these liberals find admirable, and why exactly their "pro-American" sentiments are "growing" as we continue to wage war in Iraq, if in fact this is truly the case. I'm not expecting NPR to clarify this much.

December 12, 2004

Time to Get Active

Michael Geist has it right: Copyright Reform is Not a Spectator Sport


The education community has the opportunity to emerge as a positive force for change by actively supporting a uniquely Canadian vision of copyright that compensates creators, facilitates access & embraces Canadian culture. Michael Geist argues it is time to get in the game.

December 11, 2004

Another Victory for Sivacracy.net!

After the contstant criticism from Sivacracy.net, Kerik has withdrawn his name from the homeland security post. He says it was about having a nanny who was an illegal immigrant. But we know better. :)

December 10, 2004

Ever Wondered How to Pronounce My Name?

Here is an MP3.

Supreme Court to Consider Outlawing Your VCR

Back in 1984, the U. S. Supreme Court ruled five to four that you are allowed to use your VCR to record Letterman and watch him the next morning. The Motion Picture Association of America almost convinced enough justices that this device was a grave threat to the health of commerce and creativity in America.

The court ruled that because the VCR had "substantial non-infringing uses" the technology itself should not be outlawed, even though in a technical sense it facilitates private, non-commercial infringement.

Today the Supreme Court decided to reconsider (or reaffirm) that principle by granting cert to the Grokster decision which shielded some peer-to-peer software companies from liability based on the same "substantial non-infringing use" standard.

Both Ann and I will have much to say on this matter as we get closer to March, when the Court will entertain arguments.

US Right Wingers Hating Canada

This is amazing.

Have these people no shame? No clue? No health care?

Book Review

The book: Southern Slavery: As It Was by Douglas Wilson and Steve Wilkins

Sample reviews at Amazon.com:

"A Reader": "In this short pamphlet, Christian reconstructionist Doug Wilson and neo-Confederate leader Steve Wilkins claim to set the historical record straight on African-American slavery. In reading this hackneyed work - full of factual misrepresentations, distortions, and outright lies - one is never quite certain whether to laugh hysterically or to vomit from their outrageous claims and paranoid jeremiads. One learns, amongst other things, that the south is God's promised land, racial slavery is biblically-sanctioned and humane, African-Americans enjoy being enslaved, masters rarely indulged in sexual exploitation, the south was a harmonious multi-racial community, and that, by defending slavery, the Confederacy was really defending the word of Jesus. As if this weren't risible enough, the authors then go on to say that slave emancipation has somehow led to sodomy, abortion, feminism, male effeminacy, and a host of other perceived evils in current US society - while all along `liberal' academics have conspired to slander the US south and to keep these blissful 'truths' of slavery from the public. Phew! Needless to say, their work is really nothing more than hate speech masquerading as religious commentary, and this little book has actually generated some public controversy in Oregon and northern Idaho in recent years. Whatever their personal beliefs may be, Wilson and Wilkins have certainly written a racist book skillfully marketed to readers sympathetic to movements like neo-Confederatism, the KKK, the Church of the Creator, Christian Identity, and the Aryan nations. If you aren't into deeply paranoid, hallucinatory, and phobic rantings from the extreme racist right, this book might not be for you."

From "Gen. J.C. Christian, patriot": "That's a question many of us good, God-fearing Christians ask ourselves many times a day. Douglas Wilson has the answer. Jesus would buy and sell his neighbors. It's refreshing to see someone like Wilson stand up and fight for a time-honored moral value like slavery. I hope that more people will do the same. Certainly, the results of the last election suggest that a truly conservative Christianity is back in vogue. We have political capital. We should use it to put people in chains. Then, pehaps we can bring back genocide too. It'll be just like old times."

Told You So: You Should Have Voted for Kerry

Upset about the fact that our brave soldiers are vulnerable in vehicles without armor?

You should have voted for Kerry. He warned us about this.

Concerned about the fact that Bush will employ funny accounting methods (i.e. cheat and lie) to create these new Social Security gambling accounts?

You should have voted for Kerry. He warned us about this.

Frightened that the Department of Homeland Security will be run by an unqualified hack and fear profiteer?

You should have voted for Kerry.

Every single day the Bush administration says or does something that shows that Kerry was right about everything.

Go ahead and try this mantra. It feels good and bad at the same time.

December 09, 2004

Thanks For The Money

In the Spring of 2003 the University of South Carolina opened the brand new Strom Thurmond Wellness & Fitness Center (stop laughing, it's not funny) after reportedly spending $44 million on it.

Now it turns out that Congress has very generously decided to give the University $5 million toward the essentially brand new, already built Center, see Senator Lindsey Graham (Strom's replacement) brag about this here (scroll down). As a faculty member I can't use the Center unless I pay $30 per month for the privilege, which I won't, so I'll have to ask the students if they have noticed $5 million worth of improvements. Thanks y'all!

P.S. By way of comparison, note that the South Carolina Office of Rural Health got $100,000 for facilities and equipment.

Honoring a Guardsman's Request

Column by Lloyd Omdahl, published in the Grand Forks Herald, available here:

In February, I wrote a column upbraiding the national planners for exploiting the National Guard in conducting the war in Iraq. I argued that continuous life-threatening duty was not in the deal made by all of the Guard men and women but that many of them joined up as a means of financing their higher education. They had bargained for weekend training and emergency duty, such as fighting floods, policing events, and serving as a community resource, but not extended months of combat.For choosing Guard service as the price for their higher education, I noted, young people were being exposed daily to roadside bombs, rocket attacks and sniper fire. And even though they were being exploited, they heroically answered the call in the face of an unjust assignment.

This February column found its way to Iraq and several months later I received a lengthy letter from one of the Guardsmen confirming the comments I had made. "I hope you don't forget about us because your writing can help people realize the reality of the situation," he wrote in his first paragraph. Then he went on to explain that he had a dream of going to college and was enticed to join the Guard because of its promise to help finance his education.

When he enlisted, he explained, the major emphasis of the recruiter was on the college education. Nothing was said about the possibility of war, let alone deployment in an optional pre-emptive action halfway around the world.

He was assigned to traveling up and down the highways to locate roadside bombs. It was a dangerous mission and the equipment was inadequate. Instead of an armored vehicle, he was assigned a heavy gravel truck insulated with boxes of sand. Not only was he in constant danger of running over bombs but he was a ready target for snipers along the road.

"I told my family and friends nothing about what I do," he wrote. "I don't want to worry them because to me that is the worst part - having loved ones worried about us."

When he was eligible to take leave, he declined. "We knew everyone wasn't going to get leave so I figured I was young with no girlfriend or real need to go home," he explained. "So I volunteered not to go so someone else would have the opportunity."

With Guardsmen facing a prolonged threat to life and limb and a denial of certain benefits, it is little wonder that his July letter reflected a sense of betrayal and abandonment. There was no question that he felt the Guard was being exploited during these months of constant danger, inadequate equipment, extended tours of duty and logistical miscalculations.

For the Guard, service in Iraq has not improved since his July letter. The danger appears to be greater as insurgents continue roadside bombing and sniping. Tours of duty have been extended time and again; pressure tactics have been used to force re-enlistments; troops have not been allowed to leave when their enlistments were up.

All the while, North Dakota's political and military leaders have been silent about these abuses. Maybe they think that it would be unpatriotic to call abuse for what it is. Maybe they don't want to add to the president's embarrassment by publicly protesting. Maybe they don't regard the situation as abuse. Maybe they believe national defense is not their business. Regardless of their reasons for silence, strong public protest by the governor and the adjutant general would lift the morale of those Guard men and women who feel that they are being unfairly treated.

As for my July correspondent, he will not be taking advantage of that college education he was promised. Spc. Cody Wentz of Williston, N.D., was killed in Iraq a few weeks ago. This column is being written to honor his request that we not forget the Guard and to help people understand the reality of the situation.

Bill Frist Should Lose his Medical License and Senate Seat


Isn't it time to get rid of Bill Frist? He should certainly lose his license for this exchange with George Stephanopoulos last Sunday. Frist simply cannot tell the medical truth. It's heartbreaking.

"STEPHANOPOULOS: Now you're a doctor. Do you believe that tears and sweat can transmit HIV? FRIST: I don't know. I can tell you -- STEPHANOPOULOS: You don’t know? FRIST: I can tell you things like, like -- STEPHANOPOULOS: Wait. Let me stop you there. You don't know that, you believe that tears and sweat might be able to transmit AIDS? FRIST: Yeah, no, I can tell you that HIV is not very transmissible as an element, like compared to smallpox, compared to the flu, it's not. (snip) STEPHANOPOULOS: ...Let me just clear this up though, do you or do you not believe that tears and sweat can transmit HIV? FRIST: It would be very hard...for tears and sweat to -- I mean, you can get virus in tears and sweat. But in terms of the degree of infecting somebody, it would be very hard."

I would love to see Al Gore return to unseat this guy. Frist is corrupt and dishonest. Gore is noble and respected. Let's get it on.

Bernard Kerik is a Hack

He only served as NYC police commissioner for 16 months. He accomplished nothing. He failed spectacularly at training Iraqi police (raising many questions about what went on over there). And he has no serious policy experience.

Yet, as Eric Bohlert reminds us, Kerik is a political hack who said some of the most absurd and ridiculous things about John Kerry.

Is it too much to ask the president to appoint qualified, experienced people to the most important positions? For this president, I guess it is.

December 08, 2004

More on E-Voting

20 Amazing Facts About Voting In The United States
By Bob Rowe, here:

1. 80% of all votes in America are counted by only two companies: Diebold and ES&S.
2. There is no federal agency with regulatory authority or oversight of the US voting machine industry.
3. The vice-president of Diebold and the president of ES&S are brothers.
4. The chairman and CEO of Diebold is a major Bush campaign organizer and donor who wrote in 2003 that he was "committed to helping Ohio deliver its electoral votes to the president next year."
5. 35% of ES&S is owned by Republican Senator Chuck Hagel, who became Senator based on votes counted by ES&S machines. [In a major "upset"].
6. Republican Senator Chuck Hagel, a long-time friend of the Bush family, was caught lying about his ownership of ES&S by the Senate Ethics Committee.
7. Senator Chuck Hagel was on a short list of George W. Bush's vice- presidential candidates.
8. ES&S is the largest voting machine manufacturer in the US and counts almost 60% of all US votes.
9. Diebold's new touch screen voting machines have no paper trail of any votes. In other words, there is no way to verify that the data coming out of the machine is the same as what was legitimately put in by voters.
10. Diebold also makes ATMs, checkout scanners, and ticket machines, all of which log each transaction and can generate a paper trail.
11. Diebold is based in Ohio.
12. Diebold employs 5 convicted felons as developers. These are the people who write the voting machine computer code.
13. Diebold's Senior Vice-President, Jeff Dean, was convicted of 23 counts of felony theft in the first degree.
14. Diebold Senior Vice-President Jeff Dean was convicted of planting back doors in his software and using a "high degree of sophistication" to evade detection over a period of 2 years.
15. None of the international election observers were allowed in the polls in Ohio.
16. California banned the use of Diebold machines because the security was so bad. Despite Diebold's claims that the audit logs could not be hacked, a chimpanzee was able to do it! (See the movie at http://blackboxvoting.org/baxter/baxterVPR.mov.)
17. 30% of all US votes are carried out on unverifiable touch screen voting machines with no paper trail. 18. Bush's Help America Vote Act of 2002 has as its goal to replace all machines with the new electronic touch screen systems with no paper trail.
19. All -- not some -- but all the voting machine errors detected and reported went in favor of Bush or Republican candidates.
20. Major statistical voting oddities (odds on the order of 250 million to 1!) -- again always favoring Bush -- have been mathematically demonstrated by experts.

(thanks to Uncle Horn Head)

The Anti-Magnet site

wesupport.gif

From Antimagnet.com. I believe it is meant as an attack on faux patriotism, rather than Chinese manufacturers, but apologies for any offense. Learned about this site at Pen-Elayne.

Cripes! Look at the Stitching!

bushname.jpg
He actually has "George W. Bush, Commander-In-Chief" monogrammed onto the the jacket! Do you think it says "I'm Number 1!" on the back?

Speaking of Eugenics

David Brooks is trafficking in it.

Why do people think Brooks is smart? Is it the tortoise-shell glasses?

Brilliant New Book

Here is a review of Eugenic Design: Streamlining America in the 1930s by Christina Cogdell. This is a brilliant book that should open a substantial re-examination of the cultural history of the 20th century. You might not read about it many other places because it's just a little too smart for major newspapers to consider. It's a real gem. Check out this review and then buy the book here.

Eugenic Design: Streamlining America in the 1930s (2004), Christina Cogdell

    It was the progressive Charles Davenport, founder of the Eugenic Record Office, who asserted around 1910 that the “ability to be Americanized” was a genetic trait. He led the scientific call for the sterilization of social defectives and the scientific breeding of racially superior Americans. A century later, the same exhortations to change American society are once again being foisted upon the American public by scientists, medical specialists, biotech firms, and corporate purveyors of every imaginable consumer product. As Americans are being persuaded that designer genes are merely the latest “new and improved” consumer choice, it is easily forgotten that today’s “genetic engineering” is simply a repackaging of the old, allegedly discredited, pseudo-science of eugenics.
    In her book-length study Eugenic Design, art historian Christina Cogdell sets herself the task of exploring the relationship between the aesthetic design of the 1930s known as “streamlining” and the legacy of early twentieth-century eugenics, by demonstrating how the same design principles underlie both. Just as breeding livestock may be viewed as a matter of applying “streamlining” to the field of animal husbandry, so, too, is it but an inconvenient ethical step further to breeding superior human stock. Her thesis turns on the cultural amnesia, the collective forgetting of just how powerful and influential eugenic thinking continued to be in the United States throughout the 1930s and beyond.

...

Eugenic Design: Streamlining America in the 1930s
Christina Cogdell

Eugenic Design:
Streamlining America in the 1930s
(2004), Christina Cogdell

Related reading:
War Against the Weak: Eugenics and America’s Campaign to Create a Master Race
(2003), Edwin Black

    It was the progressive Charles Davenport, founder of the Eugenic Record Office, who asserted around 1910 that the “ability to be Americanized” was a genetic trait. He led the scientific call for the sterilization of social defectives and the scientific breeding of racially superior Americans. A century later, the same exhortations to change American society are once again being foisted upon the American public by scientists, medical specialists, biotech firms, and corporate purveyors of every imaginable consumer product. As Americans are being persuaded that designer genes are merely the latest “new and improved” consumer choice, it is easily forgotten that today’s “genetic engineering” is simply a repackaging of the old, allegedly discredited, pseudo-science of eugenics.
    In her book-length study Eugenic Design, art historian Christina Cogdell sets herself the task of exploring the relationship between the aesthetic design of the 1930s known as “streamlining” and the legacy of early twentieth-century eugenics, by demonstrating how the same design principles underlie both. Just as breeding livestock may be viewed as a matter of applying “streamlining” to the field of animal husbandry, so, too, is it but an inconvenient ethical step further to breeding superior human stock. Her thesis turns on the cultural amnesia, the collective forgetting of just how powerful and influential eugenic thinking continued to be in the United States throughout the 1930s and beyond.
    Cogdell finds the principle of eugenics, or streamline designing of human beings, expressed in a parallel aesthetic sensibility, of incorporating design principles of aerodynamics, or more precisely, aesthetic interpretations of those principles into consumer design. Breakthroughs in the understanding of aerodynamics, applications to design, and the promise held out, as exemplified in Norman Bel Geddes’ iconic Futurama (the General Motors exhibit at the 1939 New York World’s Fair), fueled the utopian vision of scientists, politicians, and corporate leaders alike. Corporate marketing departments wholeheartedly embraced the vision of a streamlined future, from household appliances and the houses containing them, to cars, highways, and automobilized cities, right up to and including streamlined people. In retrospect, people appear to become mere aesthetic effects to embellish a design model. Today this vision of commodified perfection (including humans as perfectible consumables) saturates and compels the popular imagination more than ever and propagates itself worldwide powered by corporate global expansion.
    Cogdell’s argument seeks to establish a direct, explicit relationship between the two: eugenics opens the door to the thinking which transforms human beings into commodity objects. And this, in turn, according to Cogdell, is the trap door on the slippery slope of the still unresolved ethical issues concerning engineering human beings. While contemporary America is being encouraged to believe genetic engineering is simply taking cosmetic surgery (from a face lift or orthodontic braces to liposuction and organ transplants) one logical, consumer-choice step further (preselecting the eye color or the gender of a test tube baby-to-be or gene splicing away genetic “diseases” and preselecting raw genetic material to improve ”desirable” characteristics, such as intelligence, beauty, heterosexuality, or the ability to “get along with others”), Cogdell begs to differ.
    Cogdell demonstrates how the formerly parallel paths of eugenics and streamlining as a design principle are now no longer two. They have merged together, blurring the line between science and commerce, creating the illusion that everything is really just expanded consume choice. For the general reader Eugenic Design offers a helpful and entertaining overview of the history of eugenics and mid-century design. For the cultural studies scholar, the art historian, the ethicist, and the medical professional it offers instructive interdisciplinary communication. For everyone, it serves as a perhaps small, but persistent thorn in the side, to prick the reader awake. Instead of being lulled by admonitions of “never again,” it is time to see how far down the slippery slope corporate America has taken the world, and how complicit everyone is, as consumers in a consumer society making allegedly straightforward “consumer decisions.”
                                                                                               
 -  Les Wright

Whitewashing Torture

Whitewashing Torture, by David DeBatto, at Salon.com:

On June 15, 2002, Sgt. Frank "Greg" Ford, a counterintelligence agent in the California National Guard's 223rd Military Intelligence (M.I.) Battalion stationed in Samarra, Iraq, told his commanding officer, Capt. Victor Artiga, that he had witnessed five incidents of torture and abuse of Iraqi detainees at his base, and requested a formal investigation. Thirty-six hours later, Ford, a 49-year-old with over 30 years of military service in the Coast Guard, Army and Navy, was ordered by U.S. Army medical personnel to lie down on a gurney, was then strapped down, loaded onto a military plane and medevac'd to a military medical center outside the country.

Although no "medevac" order appears to have been written, in violation of Army policy, Ford was clearly shipped out because of a diagnosis that he was suffering from combat stress. After Ford raised the torture allegations, Artiga immediately said Ford was "delusional" and ordered a psychiatric examination, according to Ford. But that examination, carried out by an Army psychiatrist, diagnosed him as "completely normal."

A witness, Sgt. 1st Class Michael Marciello, claims that Artiga became enraged when he read the initial medical report finding nothing wrong with Ford and intimidated the psychiatrist into changing it. According to Marciello, Artiga angrily told the psychiatrist that it was a "C.I. [counterintelligence] or M.I. matter" and insisted that she had to change her report and get Ford out of Iraq.

Documents show that all subsequent examinations of Ford by Army mental-health professionals, over many months, confirmed his initial diagnosis as normal.

Read the rest here.

December 07, 2004

Epaulets and Insignia?

08bush.184

So Bush addressed some Marines in California today (story here) and my question is, what in the world was he wearing? Perhaps the lets-play-pretend flight suit was in the wash?

Parody and Customs

From Tom Tomorrow:

Citing that material contained therein constituted “clearly piratical copies” of registered and recorded copyrights, a shipment of comics bound for Top Shelf has been seized by US Customs in Charleston, SC. The books in question are copies of the Stripburger anthology containing the stories “Richie Bush” by Peter Kuper, and “Moj Stub” (“My Pole”) by Bojan Redzic. Top Shelf has asked the Comic Book Legal Defense Fund to look in to the matter, and as a result, the CBLDF has retained counsel to challenge the seizures.

According to the CBLDF: "Richie Bush," appearing in Stripburger (Vol. 12) #37, is a four-page parody of Richie Rich that also satirizes the Bush Administration by superimposing the personalities of the President's cabinet on the characters from the comic. "My Pole," appearing in Stripburger (Vol.3) # 4-5, which was published in 1994, is an eight-page ecology parable in Serbian that makes visual homage to Snoopy, Charlie Brown, and Woodstock in three panels. Customs seized five copies of the issue with the Peanuts reference and fourteen copies of the issue containing "Richie Bush." The stories were both published in the middle of their respective issues and no graphics from either story appeared on the covers.

Story. Peter Kuper's a friend of mine; many of you will remember his "Richie Bush" ad, which graced this very page until not too long ago. He's doing what a lot of us do from time to time--momentarily appropriating known characters for the purpose of political satire. Sure, you can't do it every week, you can't make a career out of using those characters, or you're on touchy legal ground--but doing as a one-off is pretty clearly falls under acceptable standards for parody.

My wife and I were watching the local news once, several years ago, and a woman who was being interviewed about her troubles, whatever they may have been, looked into the camera and said, "It's like being nibbled to death by duck-billed creatures." We looked at each other and simultaneously repeated: "Duck-billed creatures?"So that's become the catchphrase around chez Tomorrow, and it's how I feel, every time some new idiocy like this comes down the pike these days: we're being nibbled to death by duck-billed creatures.

Cat Gets MBA From Online University

With a name like "Trinity Southern" you'd expect the highest standards, right? From Salon.com:

The Pennsylvania attorney general's office Monday sued an online university for allegedly selling bogus academic degrees -- including an MBA awarded to a cat.

Trinity Southern University in Texas, a cellular company and the two brothers who ran them are accused of misappropriating Internet addresses of the state Senate and more than 60 Pennsylvania businesses to sell fake degrees and prescription drugs by spam e-mail, according to the lawsuit.

Investigators paid $299 for a bachelor's degree for Colby Nolan -- a deputy attorney general's 6-year-old black cat -- claiming he had experience including baby-sitting and retail management.

The school, which offers no classes, allegedly determined Colby Nolan's resume entitled him to a master of business administration degree; a transcript listed the cat's course work and 3.5 grade-point average.

The state is seeking a permanent injunction, civil penalties, costs and restitution for violating consumer law and restrictions on unsolicited e-mail ads.

Prosecutors said more than 18,000 illegal e-mails were sent out this year with links to Trinity Southern's Web address, including 300 that appeared to originate from the Internet servers of Pennsylvania companies and institutions.

Among the alleged victims are Penn State University and the University of Pennsylvania, as well as numerous Internet service providers, businesses and technology companies.

The defendants are the school; Innovative Cellular and Wireless Inc. of Corpus Christi, Texas; Alton Scott Poe of St. Cloud, Fla., vice chancellor and dean of admission for Trinity; and Craig Barton Poe of Frisco, Texas, president of Innovative Cellular.

A phone message left at Trinity Southern was not returned Monday. None of the other three defendants appears to have a listed or published phone number

Protesting Sexism

Body and Soul on Nicholas Kristof's NYT column about the protests in Ukraine:

Kristof: "The protest organizers have placed gorgeous young women in the vanguard of confrontations with troops, so the troops will be too dazzled to club them."

Body and Soul: "Kristof has always been one of those liberals trying to free the Democrats of all that peace, equality, and social justice nonsense it supposedly tied itself up in while believing in the McGovernment, but he finally seems to have found something from the Sixties that appeals to him: Chicks up front! For those too young to remember, when things got tense in anti-war marches back then, you'd hear the cry, "Chicks up front!" Women were expected to move to the front of the march, to put their bodies between the police and male marchers, because those leftist men, for all their supposed distrust of the police, assumed that the police and national guardsmen were gentlemen who wouldn't beat up or fire on women. They were wrong.

"For years, women had felt that their contributions to the civil rights and anti-war movements had been diminished, and that technique, that willingness to use women's bodies as a shield, was a wake-up call, a radicalizing moment. It helped make a generation of women on the left ask: Are you sure we're on the same side?"

Important Article about the Global Knowledge Economy

Who Owns the Knowledge Economy?
Political Organising Behind TRIPS


by Peter Drahos with John Braithwaite

first published September 2004

Contents

Acknowledgements

Introduction

Global Knowledge Cartels

Box 1: Chemical and Pharmaceutical Patents and Cartels

The Changing Knowledge Game

Box 2: Corporate Laboratories of Knowledge

Changing Strategies

Changing Places For Deciding Rules

"Stealing from the Mind"

Box 3: Intellectual Property History

Protectionism

Getting US Government On Board

Power Through Committees

The Bilaterals: Carrots and Sticks

The Bilaterals: Big Stick Section 301

Global Surveillance

Box 4: Guesstimating Losses to "Piracy"

An Eye to Multilateral Action

Persuading Europe and Japan

Box 5: Re-engineering Patent Law

Living?

Inventive?

Useful?

Getting Intellectual Property on the Negotiating Table

Box 6: Intellectual Property Webs in Biotechnology

Patent Challenges

Persuasion and Principles

Negotiating Circles

At the Negotiating Table

The Puzzle of TRIPS

Other Answers to the Puzzle

The Visions of a Few

Box 7: The University-Industrial Knowledge Complex

The Public Pays

Uniting in Resistance

Notes and References

TRIPS -- the World Trade Organisation's agreement on Trade-Related Aspects of Intellectual Property Rights -- was the most important agreement on intellectual property of the 20th century. It revolutionised the way that property rights in information were defined and enforced. TRIPS effectively globalises the set of intellectual property principles it contains, because most countries are members of, or are seeking membership of, the World Trade Organisation that administers TRIPS.

When TRIPS was signed by more than one hundred government ministers in April 1994, the United States, the European Community and Japan had the world's dominant software, pharmaceutical, chemical and entertainment industries between them and the world's most important trade marks. The rest of the world had nothing much to gain by agreeing to terms of trade for intellectual property that offered these countries so much protection. Why did states sign up to TRIPS?

They did so because of a failure of democratic processes, both nationally and internationally. This enabled a small group of men within the United States to capture the US trade-agenda-setting process; then, in partnership with European and Japanese multinationals, to draft intellectual property principles that became the blueprint for TRIPS. The resistance of other countries was crushed through US trade power.

This briefing paper explores the background to TRIPS and the corporate political organising that orchestrated and paved the way for the agreement.

December 06, 2004

Toyota Advertises Air Conditioning

aircon.jpg
Yep, that's what you are seeing, a still from a Toyota commerical touting how cold their air conditioning will make a person. You can stream it here. How charming. Credit Feministing.com.

Florida Vote Tampering Affidavit

This might be nothing. Or it might be something big.

The Top Seventeen Hotel Chains in Hell

From TopFive.com:

The Top 17 Hotel Chains in Hell

17> Helliday Inn-ferno

16> Discomfort Inn

15> *Reeeeally* Extended Stay America

14> End of Days Inn

13> Iranian Embassy Suites

12> Motel Styx

11> RedRum Inn

10> The St. Regis Philbin

9> Keith-Moon-Is-Staying-in-the--Next-Room Inn

8> The Paris Hellton

7> Leona Helmsley Share-Her-Bed and Breakfast

6> The Walledoff Excoria

5> Hotel Hatpin Through the Eyeball

4> The Forkyard by Beelzebub

3> Zits-Carlton

2> Best Festerin'

and Topfive.com's Number 1 Hotel Chain in Hell...

1> Skewered Johnsons

[ The Top 5 List www.topfive.com ]
[ Copyright 2004 by Chris White ]


Confessions of a Liberal Professor

Confessions of a Liberal Professor
From the December 3, 2004 Boston Globe

I CONFESS. I am one of the liberal Democratic professors that Jeff Jacoby is so concerned about in his attack on politics in academia ("A left-wing monopoly on campuses," op ed, Dec. 2). I do avoid bringing politics into the classroom. In fact, I confess to the following liberal beliefs:

Government policies should be based on the best available evidence, and evidence should be presented in an honest manner. Open and honest debate on issues is valuable and important.

The United States should honor its own laws and its international agreements, including the Geneva Conventions.

Policies should be chosen to benefit the American people as a whole and not special interests.

The government should maintain regulations to protect our environment, and in some cases it should strengthen regulations.

Global warming caused by human activities is an accepted belief by most in the scientific community and should be taken extremely seriously. We should start actions immediately to mitigate its effects.

The deficit, and ultimately the national debt, needs to be decreased, even if part of the solution lies in raising taxes.

People should be treated with respect and fairness regardless of their gender, religion, national origin, sexual orientation, physical appearance, etc.

I find it unfortunate that Jacoby finds my liberalism objectionable. But it is indeed fortunate for academia that Jacoby is not setting the policies.

JAMES B. ORLIN
Professor
MIT Sloan School
of Management
Winchester

Leiter on Posner on Blogs

From the Leiter Reports:

In introducing his blog with Gary Becker, Dick Posner writes:

"Blogging is a major new social, political, and economic phenomenon. It is a fresh and striking exemplification of Friedrich Hayek’s thesis that knowledge is widely distributed among people and that the challenge to society is to create mechanisms for pooling that knowledge....The internet enables the instantaneous pooling (and hence correction, refinement, and amplification) of the ideas and opinions, facts and images, reportage and scholarship, generated by bloggers."

My guess is that Judge Posner has not, understandably, spent much time actually reading the blogs that are out there. There is relatively little evidence I have seen of correction and refinement of ideas, facts, and scholarship, and much more amplification and repetition of existing prejudices and ignorance, or, occasionally, feeding frenzies on trivial mistakes in the mainstream media (only in the U.S. blogosphere would you come away thinking that the media in the United States tilts to the left).

You can read the complete entry here.

Zell Miller Appointed White House Food Taster