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.

Continue ReadingFlickr the Censorer

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:

Continue ReadingThe spammers win one at the 9th Circuit

Government-Hating: An American Value

G.O.P. Chairman Michael Steele made a few remarkably in-your-face comments recently about the health care debate. Here, in his own words, is pretty much where he thinks the nation is going, why it shouldn't go there, and what the Republican Party stands for. This morning on NPR he tangled with Steve Inskeep, in particular over this. One quote in particular caught my eye: " Simply put, we believe that health-care reform must be centered on patients, not government." When you listen to the NPR interview it's clear that we're hearing another in the now decades-long tirades against the government which has become the hallmark of Right Wing politics in this country. In this country, in theory, the government is supposed to be us, the people. We elect our representatives, we tell them how we want them to vote, we change our minds, we are supposed to be in charge. In theory. Obviously, the reality is far from that. For one, we are not a full-fledged democracy, we are a republic, and while we elect those who operate the machinery of the republic on our behalf, we do not have a direct say in the running. Nor could we, really. it is simply too complex. We send our representatives to the various points of departure---state capitols, Washington D.C., county seats, city halls---to do that for us because it is a big, complex, often indecipherable melange of conflicting goals, viewpoints, and problems. We do not have the time to pay the necessary attention to do that work ourselves, so we pay people to do it for us. So why do we distrust it so much? Well, because we distrust each other.

Continue ReadingGovernment-Hating: An American Value

On the importance of disagreement

The beginning of thought is in disagreement - not only with others but also with ourselves. –Eric Hoffer Honest disagreement is often a good sign of progress. –Mohandas Gandhi Greetings all! I would like to introduce myself. My name is Brynn, and I'll be joining the fantastic stable of authors at Dangerous Intersection. I'm flattered that Erich asked me to be a part of what is being built here. Lots of very talented people are contributing their thoughts to the ongoing discussion generated on various topics, and I'm honored to be a part of that. I’ve been a regular reader of DI for about a year, and I’ve been impressed with the quality posts as well as the engaging discussion that often occurs in the comments following the post. One thing that is never shied away from is disagreement. Nor should disagreement be avoided. There is no party line here, there is no heresy. What is abundant is the type of quality discussion and debate that is the hallmark of a vigorous, open community.

Too often in contemporary American society, honest debate is stifled. Politicians have learned to speak in sound bites. Media commentators have learned to present insipid and truncated stories to a largely passive and apathetic audience. The constraints of time or column inches prevent a lengthy examination of any given issue. Talking points are adopted by the major parties’ respective constituencies as though they were absolute truth. The vehemence with which one holds an opinion has become a substitute for thoughtful reflection on the reasons why one holds an opinion.

This must change. The staggering array of challenges that face us demand a well-informed and engaged citizenry . . .

Continue ReadingOn the importance of disagreement

An army of 50,000 highly motivated citizens condemning health care reform

Who are all of those outspoken citizens attending the town hall meetings where health care reform is ostensibly being discussed? The Raw Story reports that 50,000 of them are not simply concerned citizens:

A spokesman for America’s Health Insurance Plans, the industry’s trade group, admitted in an article published Monday that as many as 50,000 industry employees are involved in an effort to fight back against aggressive healthcare reform . . . “The health-insurance industry is sending thousands of its employees to town-hall meetings and other forums during Congress’s August recess to try to counter a tide of criticism directed at the insurers . . . Employees of the health insurers have also been given talking points . . .
Question: Who is more motivated to show up and speak up at public meetings concerning health care? A) Ordinary citizens or B) Employees of health care insurers who are being PAID to show up and who are being provided talking points? The obvious answer is B), and they are contaminating discussions from coast to coast. The bottom line is that what is going on is not honest spirited debate out at town halls. Rather, what we are being subjected to is corrupted debate, to match the corrupted debate inside of Congress, where six highly paid health care lobbyists are assigned to each member of Congress, as reported by the LA Times:
Every one of those 534 members of Congress now has six (6!) lobbyists working on them -- and that's just for healthcare. A total of 3,300 lobbyists have registered to drive the sizzling healthcare issue in Washington -- three times the brigade of lobbyists representing the entire defense industry.
It makes you want to throw up your hands (and sometimes, just throw up), thinking that we are sending sheep to the wolves whenever we hope that regular folks would be able to make as much focused noise on the topic of health care reform (and especially health care insurance reform) against financially motivated and highly-trained armies who are not attending these meetings to do anything other than advocate the pre-determined positions of their employer corporations and to prevent any meaningful discussion. Based on what I am reading and hearing, the presence of these highly vocal and highly biased participants is all the worse because they aren't identifying themselves as such at public hearings. In most things, we ask people of bias to identify themselves, because we should downplay the positions of biased people, because they are less trustworthy. They should be impeached for their positions of biased, the way we impeach biased witnesses in courtrooms. But there is no practical way to identify these financially motivated people at town hall meetings. They are presenting themselves are neutral ordinary citizens when they are anything but. For me, this "health care" debate is increasingly turning into a question of how (or whether) we are able to have any meaningful national discussion where one of the sides is financially powerful. This is especially a concern where investigative reporting is disappearing (but thank you, LA Times).

Continue ReadingAn army of 50,000 highly motivated citizens condemning health care reform