Studies show that texting while driving is dangerous

According to the NYT, studies have shown that texting while driving is dangerous because those who text take their eyes off the road for extended periods while reading or sending a text. Hmmm. Why did it take a study to come to this conclusion? Why not simply follow this logic:

A) You need to take your eyes off the road to read or send texts. B) This is dangerous.
We certainly don't need studies to say equally obvious things, such that it is dangerous to drive while
A)watching Youtubes on your smartphone, B) eating corn on the cob; C) reading novels on your Kindle; or D) playing the trumpet.
An easy test for me is to ask whether you would mind riding on a public bus on which the bus driver was both texting and driving. I'm fully in agreement that no one should be texting while driving--I'm glad that the issue is getting some attention.

Continue ReadingStudies show that texting while driving is dangerous

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

Just A Question Or Three

Just a couple of what seem to me like obvious questions. (I know, I've been writing a bit on the health care debate, and I'll try to do some other things after this, don't want to bore anyone, especially myself.) I see a lot of protesters waving signs that contain something like this: HEALTHCARE REFORM YES, GOVERNMENT TAKEOVER NO. TORT REFORM NOW! Something about that doesn't quite add up. If health care is to be reformed, who is going to do it? The industry isn't, not without a threat. Which means there will have to be something outside the industry doing the threatening. What might that be? Hmm. The government? And the nature of the reform, if it isn't to be entirely self-serving on the part of the industry, will have to be devised by a somewhat disinterested party. Who might that be? The government? And tort law...well, that's, as it says, Law. Which is legislation. Which is---wait for it!--- the government! So what is being asked for here? That the government enact reforms that do not involve the government, do not make use of government authority, do not engage government offices, and will not grant the government any power to enforce. So how will that work exactly? Or is there some third party out there we haven't been told about capable of doing all this reforming? Oh, the market! Which basically is consumers, which is, well, all of us. The people. But wait...isn't the government supposed to be the duly elected voice of the people? So if the people are demanding reform, how are the people supposed to both express such a desire and then implement said reforms? I guess, through their duly elected voice---the government. But if the government is not to be trusted, I guess that means the people aren't to be trusted. The people don't know what they want, what is good for them, or how to go about managing the reforms they've demanded and, somehow, achieved. So there will have to be an appointed body of presumed experts who do know how to manage all this to act on the people's behalf... Who might that be? The industry? Hmm. Well, since it's the industry that needs reforming and the people who have demanded reform, handing management of the reform over to the very thing that needs the reform would seem, well, not to put to fine a point on it, stupid. So I guess we'd have to elect a representative body to manage the reforms. Oh, wait, don't we already have such a body? Yeah, it's the government. So by demanding reform of an industry, it would seem reasonable that we not trust the industry (that already doesn't do what we want it to do) to reform itself. It would be silly to create a whole other body to oversee all this when one already exists that has over two centuries of expertise in doing exactly this sort of thing. So how is anything is going to change otherwise? Just wondering, you know, because some of the demands sort of don't make any sense.

Continue ReadingJust A Question Or Three

Stop Discriminating against Sick People!

Stop Discriminating against Sick People! Jonathon Alter was a guest on "the Ed Show" tonight on MSNBC. In a noisy debate with Ed, he said that the goal of healthcare reform should be "to end discrimination against sick people". He said that the path to reform was largely irrelevant. That whether or not there was a public option was largely irrelevant. That healthcare reform is a civil rights issue, and that reform had nothing to do with the mechanics of that reform. To be clear, Mr Alter stated that he was personally very much for a public option. But he was also very clear that regardless of the public option, this reform needed to pass. I agree with Jonathon. Discrimination against sick people must stop. Discrimination against people with 'pre-conditions' must stop. Discrimination against people, must stop. It's time to act. Call your congressman. Enact healthcare reform.

Continue ReadingStop Discriminating against Sick People!

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!

Continue ReadingSupport the Internet Freedom Preservation Act of 2009