Subcontracting War, part II

Erich's comment on my post about the increasing use of contractors as warfighters reminded me of a couple of issues that I had forgotten to raise. First, the use of these contractors also makes is easier possible for the Executive Branch to fight unpopular wars. CNN released a poll yesterday showing that the oppostion to the war in Afghanistan is at an all-time high, and even über-conservative George Will has said it's now "Time to get out of Afghanistan." Imagine how much more forcefully the nation would be calling for withdrawal from Afghanistan if the draft had to be re-instated in order to continue to attempt to impose our will on Afghanistan. Jeremy Scahill reports that According to new statistics released by the Pentagon, with Barack Obama as commander in chief, there has been a 23% increase in the number of “Private Security Contractors” working for the Department of Defense in Iraq in the second quarter of 2009 and a 29% increase in Afghanistan, which “correlates to the build up of forces” in the country.... Overall, contractors (armed and unarmed) now make up approximately 50% of the “total force in Centcom AOR [Area of Responsibility].” This means there are a whopping 242,657 contractors working on these two US wars.

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Missouri’s Turn for Anti-Science Ridicule

A minor brouhaha erupted over a t-shirt in Sedalia Missouri. But this isn't about an uppity student. The band director designed an official band t-shirt to illustrate the evolution of brass music. What image did he choose to evoke the idea? Yep, a common ascent-of-man icon from the early 20th century. After some parents saw the shirt proudly worn at the Missouri State Fiar parade, they complained. From the Saint Louis Post-Dispatch:

"I was disappointed with the image on the shirt," said Sherry Melby, a band parent who teaches in the district. "I don't think evolution should be associated with our school."

What sort of science program do you think she had? What sort do you think she would vote for? The school quickly recalled the t-shirts, eating the cost of their production, and will be designing new shirts that don't offend by presenting an image that obliquely refers to actual science. Naturally, Pharyngula jumped on it. And in the Sedalia Democrat, they quote the assistant band director about pulling the shirts,

"If the shirts had said ‘Brass Resurrections' and had a picture of Jesus on the cross, we would have done the same thing," he said.

Apparently there is a strong belief that science is a religion that should not even be tangentially promoted over any other belief. And people wonder why I sometimes write that I live in the state of Misery.

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Flickr the Censorer

Flickr is a private company. Therefore, it is free to censor photos and comments, which it apparently does with pride and gusto. Flickr is a private company, of course, so it is no subject to any legal argument regarding "free speech." At some point, however, after tens of millions of people adopt Flickr as their photo and comment community, it does seem to function like a government. But, again, Flickr is a private company and it can do what it wants. We have the same potential problem with many private entities that now control the flow of huge amounts of information (e.g., Google). It will be interesting to see how this situation evolves, especially to the extent that these private companies seek to distort the flow of information for private gain or for capricious exercise of power. It's not like it hasn't happened before--think of the mass media. But also consider the telecoms: one increasingly hot angle on this issue is net neutrality.

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The spammers win one at the 9th Circuit

As I’ve indicated before, I would LOVE to sue the spammers who deluge this site with thousands of fake comments. I’m still researching whether that kind of suit would be possible under the law. Today, I was reminded of my own frustrations with spammers when I read a recent opinion by the 9th Circuit Court of Appeals, a case titled Gordon v. Virtumundo, Inc. L 2393433, 3 -4 (C.A.9 (C.A.9 (Wash.),2009), 2009 WL 2393433 In Gordon, a professional plaintiff tried to sue spammers based on the federal CAN-SPAM Act, which was enacted in 2004. The Court turned him down because A) he didn’t qualify as an Internet Access Service Provider, B) the Court did not consider him to be “adversely affected” by the statutory violations (the receipt of spam on his email accounts), and C) His state law claims failed because they were precluded by the Act's express preemption clause The "pro-marketing" forces, those who think that they should be allowed to trash my email accounts with special offers for penis enlargement techniques and a wide variety of drugs, are elated by this decision. Here is how the Court sees the overall legal landscape:

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Support the Internet Freedom Preservation Act of 2009

Early this week, Representatives Ed Markey and Anna Eshoo introduced the Internet Freedom Preservation Act of 2009. It's common sense and it's fair, but just watch as the telecoms now do everything they can to destroy it. Why do we need this Act? Here are a few recent examples:

The issue of unrestricted Internet access has gained new traction on Capitol Hill in the wake of reports that Apple and AT&T are each blocking or preventing users from accessing services for the mega-popular iPhone, which is exclusive to AT&T at the moment. FCC chairman Julius Genachowski recently sent letters to Apple, AT&T, and Google asking why Google Voice, the company's popular free calling service, was rejected for use on the iPhone.

Representatives Markey and Eshoo made this statement about the need for this net neutrality bill:

The Internet is a success today because it was open to everyone with an idea,” said Rep. Markey. “That openness and freedom has been at risk since the Supreme Court decision in Brand X. This bill will protect consumers and content providers because it will restore the guarantee that one does not have to ask permission to innovate. The Internet has thrived and revolutionized business and the economy precisely because it started as an open technology,” Rep. Eshoo said. “This bill will ensure that the non-discriminatory framework that allows the Internet to thrive and competition on the Web to flourish is preserved at a time when our economy needs it the most.”

Here's a summary of the bill:

H.R. 3458, the Internet Freedom Preservation Act, is designed to assess and promote Internet freedom for consumers and content providers. The bill states that it is the policy of the United States to protect the right of consumers to access lawful content, run lawful applications, and use lawful services of their choice on the Internet while preserving and promoting the open and interconnected nature of broadband networks, enabling consumers to connect to such networks their choice of lawful devices, as long as such devices do not harm the network. The legislation also directs the Federal Communications Commission (FCC) to promulgate several rules relating to enforcement and implementation of the legislation, including rules to ensure that providers of Internet access service fulfill the duties and disclose meaningful information to consumers about a provider’s Internet access service in clear, uniform, and conspicuous manner.

To do your part, click on this tool to determine the phone number of your representative, then call to ask for his or her position on this bill. You are then given a further option to report the result to Free Press/Save the Internet. I made the call and spoke directly with a legislative assistant. She didn't know the answer (re Representative Russ Carnahan), but promised to find out and report back to me. The entire process only took a couple minutes. You can also sign a Petition that will be delivered to Congress by visiting Save the Internet. Again, it only takes a minute. Your grass roots investment of a few minutes can counteract tens of millions of dollars the telecoms will spend on lobbyists, misleading media campaigns and wads of cash that the are putting into the palms of your elected representatives. Be empowered!

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