25 Years of Internet Mail:

Well, it depends on what you count as the beginning of Internet mail,
but Sendmail, Inc., naturally counts from when Eric Allman wrote
the first version of Sendmail in 1981, and is holding a shindig

tomorrow, 25 October 2006 at the Computer History Museum in Mt. View, California.

Of course, Ray Tomlinson beat that by a decade when he implemented the first known networked mail system in 1971, and Tom Van Vleck implemented mail on CTSS at MIT in 1965, as well as Multics mail, about 1969.

But the Internet didn't exist back then, and at least the experimental Internet did in 1981, so Eric's got a fair claim on the beginning of Internet mail.

-jsq

Posted by mikki at 08:59 PM | Permalink | Comments (0)

Great...yet another way that the politicians can bug the hell out of us. A friend already has told me horror stories about them clogging up his answering machine with recorded messages of "vote for ME." I guess we know where these candidates stand on privacy issues.

California shoppers, Schwarzenegger is watching you - CNN.com:


LOS ANGELES, California (AP) -- Gin or vodka? Ford or BMW? Perrier or Fiji water? Does the car you buy or what's in your fridge say anything about how you'll vote?

Gov. Arnold Schwarzenegger's campaign thinks so.

Employing technology honed in President Bush's 2004 victory, the Republican governor's re-election team has created a vast computer storehouse of data on personal buying habits and voter records to identify likely supporters. Campaign officials say the operation is the largest of its kind in any state, at any time.

Some strategists believe consumer information can reveal a voter's politics even better than a party label can.

"It's not where they live, it's how they live," said Josh Ginsberg, the Schwarzenegger campaign's deputy political director.

The idea is an outgrowth of techniques that businesses have long used to find new customers. Using publicly available data, the Bush campaign in 2004 knew voters' favorite vacation spots, religious leanings, the music and magazines they liked, the cars they drove.

Few people might realize how much information is publicly available, for a price, about their lifestyles. Companies collect and sell consumer information they buy from credit card companies, airlines and retailers of every stripe.

Using microtargeting, as the practice is known, Bush's campaign teased out supporters in swing states such as Ohio. Schwarzenegger -- whose political operation is run by two Bush veterans, campaign manager Steve Schmidt and strategist Matthew Dowd -- is ripping a page from that book.

Posted by mikki at 07:16 PM | Permalink | Comments (0)

So the ridiculous band-aid defense zone that does nothing but inhibit law abiding citizens has taken two lives.

Pilot Entered Restricted Airspace Before Crash:


ODENTON, Md. (AP) - The pilot of a small plane that crashed near Fort Meade last week was told by an air traffic controller shortly before the accident that he was flying in restricted air space, a recording of air traffic control transmissions shows.


"You are violating the (Air Defense Identification Zone). You need to land at Tipton immediately, and I'll have them give you a phone number for air defense," the unidentified air traffic controller said, according to a recording posted at LiveATC, which provides live and archived air traffic control traffic.

Daniel L. Eberhardt, 57, of Downers Grove, Ill., and a friend, Bobbi Getz, 56, of Pittsburgh, died in the crash. The two were in a Piper Malibu PA46 owned by Eberhardt that crashed shortly after takeoff Thursday at Tipton Airport near Fort Meade. Family members said Eberhardt was piloting the plane.

David Muzio, the National Transportation Safety Board inspector in charge of the investigation, said the pilot spoke to air-traffic controllers moments before the crash but did not broadcast a distress call. Muzio, who said he was waiting to listen to official Federal Aviation Administration recordings, told The (Annapolis) Capital said the plane appeared to be returning to the airport when it hit the tree, sheering branches at a 40-degree angle.

The ADIZ restricted air space extends about 40 miles from Washington, D.C. General aviation pilots are allowed to fly in the zone, but must first obtain clearance.

"It kind of sheds a different light to it (the crash)," said Stan Sypien, Eberhardt's son-in-law. "Our thought was that it was something mechanical, as far as the fast turnaround."

Eberhardt's brother, Tom Eberhardt, said his brother strayed into the zone once before and paid a fine.

An initial investigation has not found any obvious problems with the engine or the airplane, Muzio has said.

Posted by mikki at 04:55 PM | Permalink | Comments (0)

Boy Scouts shill for MPAA with copyright merit badge:


Cory Doctorow:

The Boy Scouts of America will offer rewards to Scouts who absorb a brainwashing regime written by the MPAA. The merit badge in "respecting copyright" will almost certainly not include any training on fair use, anything about the fact that the film industry is located in Hollywood because that was a safe-enough distance from Tom Edison that the its founders could infringe his patents with impunity; that record players, radios and VCRs were considered pirate technology until the law changed to accommodate them; or that the entertainment industry enriches itself without regard for creators, who are routinely sodomized through non-negotiable contracts and abusive royalty practices. I'm sure it won't mention the anti-competitive censorship masquerading as the Hollywood "rating" system, or the way that the studio cartel's copyright term extensions have doomed the majority of creative works to orphaned oblivion, since they remain in copyright, but have no visible owner and can't be brought back into circulation.

Bravo, Scouts -- letting an industry group brainwash the children in your charge is the only way you could sink lower than being mere religious bigots -- now you're religious bigots who shill for a cartel of Fortune 100 companies.

Boy Scouts in the Los Angeles area will now be able to earn a merit patch for learning about the evils of downloading pirated movies and music.

The patch shows a film reel, a music CD and the international copyright symbol, a "C" enclosed in a circle.

The movie industry has developed the curriculum.

"Working with the Boy Scouts of Los Angeles, we have a real opportunity to educate a new generation about how movies are made, why they are valuable, and hopefully change attitudes about intellectual property theft," Dan Glickman, chairman of the Motion Picture Association of America, said Friday.

Link

(Thanks, Kingkong, Cyrus, Jeffrey, Dolface, and Jdaisy!)

See also

Boy Scout badge in Intellectual Property

Posted by mikki at 04:39 PM | Permalink | Comments (0)

Slowing the Net:


What does a repressive regime do to avoid free discussion?

TEHRAN (Reuters) - Iran's internet service providers (ISPs) have started
reducing the speed of Internet access to homes and cafes based on new
government-imposed limits, a move critics said appeared to be part of
a clampdown on the media.

An official said last week that ISPs were now "forbidden" by the
Telecommunications Ministry from providing Internet connections faster
than 128 kilobytes per second (KBps), the official IRNA news agency
reported. He did not give a reason.

Internet technicians say speeds of 256 KBps, 512 KBps or higher are
increasingly common internationally. Iranian surfers will now find it
much slower to download music or anything else from the Web. Businesses
have not been affected by the move.

Iran cuts Internet speeds to homes and cafes
Reuters, Wednesday October 18, 03:41 PM

Meanwhile, in no doubt completely unrelated news:

Michael Chertoff, head of US Homeland Security, warned that people
don't need to travel to a country with "-stan" in its name to become
radicalized and commit acts of violence. Instead, they can now turn to
the Internet. "They can train themselves over the Internet. They never
have to necessarily go to the training camp or speak with anybody else
and that diffusion of a combination of hatred and technical skills in
things like bomb-making is a dangerous combination," Chertoff said at a
conference of international police chiefs, according to Reuters. "Those
are the kind of terrorists that we may not be able to detect with spies
and satellites."

US: Terrorists telecommuting to work
by Nate Anderson,
10/17/2006 11:22:49 AM

Yesterday, FBI Director Robert Mueller showed up at the same conference
and delivered a similar message. "Terrorists coordinate their plans
cloaked in the anonymity of the Internet, as do violent sexual predators
prowling chat rooms," he said, according to CNet.

Mueller took a further step, though, arguing that the US needs stricter
data retention guidelines. "All too often, we find that before we can
catch these offenders, Internet service providers have unwittingly
deleted the very records that would help us identify these offenders
and protect future victims," Mueller said. The solution? Forcing ISPs
to retain data for set periods of time.

FBI head calls for data retention rules
by Nate Anderson, 10/18/2006 10:29:11 AM

Well, I'd better get back to the no doubt
completely unrelated net neutrality posts.
The U.S. already has Internet connections far faster than those in Iran.
A tenth as fast as those in Korea and Japan.
So this can't be a problem for the U.S., can it?

-jsq

Posted by mikki at 04:37 PM | Permalink | Comments (0)

EFF Sues for Information on Huge FBI Database of Personal Information:


'Investigative Data Warehouse' Includes Hundreds of Millions of Entries

Washington, D.C. - The FLAG Project at the Electronic Frontier Foundation (EFF) filed suit against the Department of Justice today, asking for records concerning the FBI's "Investigative Data Warehouse" (IDW) -- a huge database that contains hundreds of millions of entries of personal information.

According to the FBI, the IDW was developed to collect a wide swath of personal information -- like "photographs, biographical information, physical location information, and financial data" -- for use in anti-terrorism investigations. The FBI said earlier this year that there were over 560 million items in the IDW, and that nearly 12,000 law enforcement agents had access to the information. EFF filed its suit after the FBI failed to respond to two Freedom of Information Act (FOIA) requests for records disclosing the criteria for inclusion in the database and the current privacy policy protecting this sensitive information, among other critical issues.

The FBI has failed to file a public notice describing the database and the criteria for including personal information, as required by the Privacy Act of 1974.

"Americans deserve to know what information is collected under what circumstances, and who has access to it," said EFF Senior Counsel David Sobel, the director of the FLAG Project. "And what if this database contains false information about you? How would you correct that? These are serious questions that the FBI needs to answer."

EFF's FLAG Project, launched last month, uses FOIA requests and litigation to expose the government's expanding use of technologies that invade privacy. A lawsuit filed earlier this month demanded that the FBI release records concerning DCS-3000 and Red Hook -- tools the FBI has spent millions of dollars developing for electronic surveillance of personal communications.

"The public needs as much information as possible to evaluate tools that put our privacy at risk," said EFF Staff Attorney Marcia Hofmann. "The Department of Justice must abide by the law and publicly release information about these surveillance programs."

For the FOIA complaint filed against the Department of Justice:
http://www.eff.org/flag/idw/IDW_complaint.pdf

For more on the FLAG Project:
http://www.eff.org/flag/

Contacts:

David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org

Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org

Posted by mikki at 10:46 AM | Permalink | Comments (0)

ACSBlog: The Blog of the American Constitution Society: How Not To Speak To a Judge:


Florida attorney Jack Thompson recently lost a case seeking to enjoin the sale of "Bully", a video game which puts the player in the shoes of a high school ruffian. In response to his loss, Thompson delivered a letter to the judge in the case:

Dear Judge Friedman:
Now that you have consigned innumerable children to skull fractures, eye injuries from slingshots, and beatings with baseball bats, without a hearing as to the danger, let me tell you a few things, with all respect for your office and with no respect for the arbitrary way in which you handled this matter. I can handle an adverse ruling by a judge. I’ve had plenty of those in my lifetime, and that’s fine. But the way you conducted yourself today helps explain why a great Dade County Judge, the late Rhea Pincus Grossman, could not abide you. She was not the only one . . . .

Thompson, who said of himself that "I am a Christian. I am not charged with winning these battles; I am charged with fighting them. I have done the right thing," concludes his letter with a threat to the judge:

Next time you promise a “hearing,” I’ll bring a parent with me whose kid is in the ground because of a kid who trained to kill him or her on a violent video game. Try mocking that person, I dare you.
The full text of the letter is available here.

Posted by mikki at 10:43 AM | Permalink | Comments (0)

BBC NEWS | Business | YouTube cuts 30,000 illegal clips:



YouTube users now watch more than 100m clips per day
Video-sharing service YouTube has wiped nearly 30,000 files from its website after Japanese media companies said their copyright was being infringed.
The Japan Society for Rights of Authors, Composers and Publishers found 29,549 music video, movie and TV clips had been posted without permission.

YouTube was recently bought by search giant Google for $1.65bn (£883m).

Critics of the deal have warned that Google could face a barrage of lawsuits over copyrighted material on YouTube. Launched in February 2005, YouTube shows about 100 million clips per day.

YouTube mostly hosts homemade videos, but it also contains clips of copyrighted

Posted by mikki at 10:39 AM | Permalink | Comments (0)

Sensor battles senseless houseplant death | CNET News.com:


Plants can't bark. That's why Matt Glenn founded PlantSense.

The San Francisco-based start-up has developed a 10-inch, stake-shaped sensor that obtains information about light, moisture, soil composition and other factors that can affect plant growth and health. The sensor is placed a few inches into the soil and connected to a computer, via a USB interface, where it downloads the information to PlantSense's Web site.

PlantSense can then tell users what they're doing wrong (too much sunlight, not enough fertilizer, etc.) as well as provide recommendations on what plants might grow best in a particular microclimate in a home or garden. Subscribers to the site can also keep records of the health histories of various plants and microclimates in their house and yard on the site.

"What we have developed is a plant lifecycle development platform," he said, co-opting some of the buzzwords he likely used while working at Cisco Systems and Xircom.


Killing plants is one of America's favorite pastimes. In 2003, Americans spent $18 billion on indoor and outdoor plants, not including grass. That's $160 per household, on average.

Roughly 14 percent of plants die in the first few weeks after being bought, and another 18 percent die within five months. That 32 percent mortality rate partly explains why Americans also spent $23 billion on fertilizer and plant food in that same year.

Posted by mikki at 10:36 PM | Permalink | Comments (0)

Linux anyone?

Forbidding Vistas: Windows licensing disserves the user:

Reading the Windows Vista license is a bit like preparing for breakfast with Lewis Carroll's Red Queen: You should be ready to believe at least six impossible things about what users want from software.

It is unlikely that a home user looking for a computer operating system has any of these "features" of the Vista EULA in mind:

1. Self-limiting software
   
2. Vanishing functionality through invalidation
   
3. Removal of media capabilities
   
4. Problem-solving prohibited
   
5. Limited mobility
   
6. One transfer only
   
   and a bonus,
7. Restrictions on your rights to use MPEG-4 video
   

Details below. While Microsoft should be commended for putting its license into plain English, that doesn't help to make the license restrictions any more palatable. Quoted italicized language comes from the Vista license.

1. Self-limiting software, or Mandatory Activation. "Your right to use the software after the time specified in the installation process is limited unless it is activated. … You will not be able to continue using the software after that time if you do not activate it." Moreover, "[s]ome changes to your computer components or the software may require you to reactivate the software." In order to use Microsoft Vista, you must consent to communication to Microsoft of information about the software and the device on which you have installed it. If you don't do so in time, your software will begin to degrade in function.

2. Vanishing functionality through invalidation. "The software will from time to time validate the software, update or require download of the validation feature of the software. … [if validation fails] you may not be able to use or continue to use some of the features of the software." Again, your computer must make periodic (period unspecified) contact with the Microsoft mothership if you want to continue to enjoy what you thought you paid for. Microsoft, of course, disclaims any liability for the consequences if their servers fail or mistakenly deny you validation.

3. Removal of media capabilities. "When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses." "[C]ontent owners may ask Microsoft to revoke the software's ability to use WMDRM [Windows Media digital rights management] to play or copy protected content." In other words, one movie or music file may take away your ability to play another, if the content owner (not the computer owner) chooses to cut back the Windows Media Player's features. Don't like the reports that Creative is removing radio recording functions from its MP3 players, under music industry pressure? Prepare for that kind of feature flux to be routine in Vista -- you've agreed to it in the license.

4. Problem-solving prohibited. "You may not work around any technical limitations in the software." Microsoft might be referring to anticircumvention of technical protection measures here, but since it's often hard to tell the difference, from the user's perspective, between a TPM and a bug, this reads as a prohibition on user debugging and problem-solving. After all, down-rezzing HD content or refusing to allow users to copy quotes from an e-book don't strike most people as wanted features. Can you work around a document's failure to save properly?

5. Limited mobility. "The first user of the software may reassign the license to another device one time." If you upgrade your machines more frequently than you care to change operating systems, you'll just have to pay again. Don't worry about this applying too frequently, though, because most OEMs will probably keep bundling Windows with their hardware, thanks to Microsoft's pricing encouragement, and Microsoft won't offer refunds if you don't like the terms on those OEM bundles.

6. One transfer only. "The first user of the software may make a one time transfer of the software, and this agreement, directly to a third party…. [T]he other party must agree that this agreement applies to the transfer and use of the software." You can give your old computer to Dad, but if he wants to give his older computer to the neighborhood community center, they'll have to find their own operating system (may I recommend Ubuntu?).

Bonus. MPEG-4 Visual Standard

NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decoding technology. MPEG LA, L.L.C. requires this notice:

USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.

Users never asked for these impossible limitations. Microsoft decided unilaterally to add them, claiming it could abrogate personal ownership, fair use, and first sale rights because "The software is licensed, not sold." If Microsoft faced real market competition on the home desktop, users could vote with their wallets, but anticompetitive practices and network effects make Microsoft a like-it-or-not proposition for most users.

While Carroll's Humpty Dumpty might have been able to choose the meanings of his words at will, on this side of the looking glass, software vendors shouldn't be able to redefine the meaning of "buying software" by the simple attachment of a click-wrap license.

Public domain Tenniel images (1872) from The Victorian Web.

Posted by mikki at 10:30 PM | Permalink | Comments (0)

News - Yorkshire Post Today: News, Sport, Jobs, Property, Cars, Entertainments & More:


Teenager's shock as he nets man eater
A 14-year-old boy fishing in his local pond got a big surprise – when he landed a man-eating piranha.
Josh Boyle hooked the deadly fish in Reddish Vale in Stockport, Greater Manchester.
A keen angler, Josh realised it was a piranha – native to tropical rivers in South America – and held its sharp teeth at arm's length in a towel.
The schoolboy even had the presence of mind to photograph it on his mobile phone to prove to his friends and family he was not telling fishy tales.
"It was easy to get it back on to the bank because I had the net," he said.
"Then I went over to my mate and said 'It's a piranha' and he didn't believe me.
"My brother used to keep piranhas as pets so I know what they look like."
"I was shocked – but it was as shocked as me. It had big teeth but it wasn't trying to bite me and it looked pretty weak."
Josh returned the 3lb fish to the water but later found it dead.
"It was in cold water so it was dying," he said.
"Somebody probably dumped it there.
"I think it's the most exotic fish I'll ever catch. I want to get some piranhas as pets but my mum won't let me."
Josh, who is a member of the Prince Albert Angling Society, was not having much luck when he cast his line into the pond one Sunday in August.
Piranhas are rightly feared in the Amazon and other South American warm freshwaters where they hunt in huge shoals.
Growing up to 40cm (16 inches) in length, they have teeth sharp enough to bite through a human finger.

Posted by mikki at 07:13 PM | Permalink | Comments (0)

Thanks JSQ :-)

Book: White House advisers mock, then exploit, evangelical supporters:


Book: White House advisers mock, then exploit, evangelical supporters
Peter Wallsten
Los Angeles Times
Oct. 13, 2006 12:00 AM
WASHINGTON - A new book by a former White House official says President Bush's top political advisers privately ridiculed evangelical supporters as "nuts" and "goofy" while embracing them in public and using their votes to help win elections.

The former official also writes that the White House office of faith-based initiatives, which Bush promoted as a non-political effort to support religious social service organizations, was told to host pre-election events designed to mobilize religious voters who would most likely favor Republican candidates.

The assertions by David Kuo, the former No. 2 official in the faith-based initiatives program, have rattled Republican strategists already struggling to persuade evangelical voters to turn out this fall for the GOP.

Some conservatives lamented Thursday that the book, Tempting Faith: An Inside Story of Political Seduction, also comes in the midst of the scandal involving former Rep. Mark Foley's interest in male congressional pages, another threat to conservative turnout in competitive House and Senate races.

The book is scheduled to hit stores Monday, but the White House responded to its assertions Thursday as excerpts began leaking out.

In the book, Kuo, who quit the White House in 2003, accuses Karl Rove's political staff of cynically hijacking the faith-based initiatives idea for electoral gain. It assails Bush for failing to live up to his promises of boosting the role of religious organizations in delivering social services.

Posted by mikki at 03:16 PM | Permalink | Comments (0)

The "War Against Civil Liberties" continues....

Criticizing Cheney to His Face Is Assault? | The Progressive:


Steve Howards says he used to fantasize about what he’d say to President Bush or Vice President Cheney if he ever got the chance.

That opportunity arrived on June 16, the same day he says he read about U.S. fatalities in Iraq reaching 2,500.

>Howards says he was taking two of his kids to their Suzuki piano camp in Beaver Creek, Colorado. They were walking across the outdoor public mall area when all of a sudden he saw Cheney there.

“I didn’t even know he was in town,” Howards says. “He was walking through the area shaking hands. Initially, I walked past him. Then I said to myself, ‘I can’t in good conscience let this opportunity pass by.’ So I approached him, I got about two feet away, and I said in a very calm tone of voice, ‘Your policies in Iraq are reprehensible.’ And then I walked away.”

Howards says he knew the Administration has a “history of making problems” for people who protest its policies, so he wanted to leave off at that.

But the Secret Service did not take kindly to his comment.“About ten minutes later, I came back through the mall with my eight-year-old son in tow,” Howards recalls, “and this Secret Service man came out of the shadows, and his exact words were, ‘Did you assault the Vice President?’ ”

Posted by mikki at 11:08 AM | Permalink | Comments (0)

Ok... we've already seen how ridiculous some of this stuff can be. If we look for insult in everything, we will most certainly find it. The Wiccans "insulted and offended" by portrayals of witches on Halloween don't get my sympathy. Christians "insulted and offended" by the Goddess of Justice, Justitita (or Ma'at, or whomever) in front of our courts get my ridicule as well. Please....can we just get over being offended for just a little while and get on to something IMPORTANT like world hunger or the War in Iraq or whatever?

Muslim community offended by Apple's Fifth Avenue NYC Cube:

Filed under: Analysis / Opinion, Retail, Cult of Mac

Technorati Tags: analysisopinion, cult-of-mac, retail

Posted by mikki at 01:21 PM | Permalink | Comments (0)

In a step assured to produce yet more litigation which assumes that consumers are utterly stupid and need stupid bills to save them - Shrub signs Yet Another Stupid Trademark Act.

They Signed You Dilution Bill, Now You're A Law:

Bush signed the Dilution bill on Friday. Lyrics to 'I'm just A Bill' here.

Trademark Dilution Revision Act of 2006 (Enrolled as Agreed to or Passed by Both House and Senate)

--H.R.683--

H.R.683

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

To amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

(a) Short Title- This Act may be cited as the `Trademark Dilution Revision Act of 2006'.

(b) References- Any reference in this Act to the Trademark Act of 1946 shall be a reference to the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (15 U.S.C. 1051 et seq.).

SEC. 2. DILUTION BY BLURRING; DILUTION BY TARNISHMENT.

Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended--

(1) by striking subsection (c) and inserting the following:

`(c) Dilution by Blurring; Dilution by Tarnishment-

`(1) INJUNCTIVE RELIEF- Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.

`(2) DEFINITIONS- (A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner. In determining whether a mark possesses the requisite degree of recognition, the court may consider all relevant factors, including the following:

`(i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.

`(ii) The amount, volume, and geographic extent of sales of goods or services offered under the mark.

`(iii) The extent of actual recognition of the mark.

`(iv) Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.

`(B) For purposes of paragraph (1), `dilution by blurring' is association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. In determining whether a mark or trade name is likely to cause dilution by blurring, the court may consider all relevant factors, including the following:

`(i) The degree of similarity between the mark or trade name and the famous mark.

`(ii) The degree of inherent or acquired distinctiveness of the famous mark.

`(iii) The extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark.

`(iv) The degree of recognition of the famous mark.

`(v) Whether the user of the mark or trade name intended to create an association with the famous mark.

`(vi) Any actual association between the mark or trade name and the famous mark.

`(C) For purposes of paragraph (1), `dilution by tarnishment' is association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.

`(3) EXCLUSIONS- The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:

`(A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with--

`(i) advertising or promotion that permits consumers to compare goods or services; or

`(ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.

`(B) All forms of news reporting and news commentary.

`(C) Any noncommercial use of a mark.

`(4) BURDEN OF PROOF- In a civil action for trade dress dilution under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that--

`(A) the claimed trade dress, taken as a whole, is not functional and is famous; and

`(B) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from any fame of such registered marks.

`(5) ADDITIONAL REMEDIES- In an action brought under this subsection, the owner of the famous mark shall be entitled to injunctive relief as set forth in section 34. The owner of the famous mark shall also be entitled to the remedies set forth in sections 35(a) and 36, subject to the discretion of the court and the principles of equity if--

`(A) the mark or trade name that is likely to cause dilution by blurring or dilution by tarnishment was first used in commerce by the person against whom the injunction is sought after the date of enactment of the Trademark Dilution Revision Act of 2006; and

`(B) in a claim arising under this subsection--

`(i) by reason of dilution by blurring, the person against whom the injunction is sought willfully intended to trade on the recognition of the famous mark; or

`(ii) by reason of dilution by tarnishment, the person against whom the injunction is sought willfully intended to harm the reputation of the famous mark.

`(6) OWNERSHIP OF VALID REGISTRATION A COMPLETE BAR TO ACTION- The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register under this Act shall be a complete bar to an action against that person, with respect to that mark, that--

`(A)(i) is brought by another person under the common law or a statute of a State; and

`(ii) seeks to prevent dilution by blurring or dilution by tarnishment; or

`(B) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.

`(7) SAVINGS CLAUSE- Nothing in this subsection shall be construed to impair, modify, or supersede the applicability of the patent laws of the United States.'; and

(2) in subsection (d)(1)(B)(i)(IX), by striking `(c)(1) of section 43' and inserting `(c)'.

SEC. 3. CONFORMING AMENDMENTS.

(a) Marks Registrable on the Principal Register- Section 2(f) of the Trademark Act of 1946 (15 U.S.C. 1052(f)) is amended--

(1) by striking the last two sentences; and

(2) by adding at the end the following: `A mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be canceled pursuant to a proceeding brought under either section 14 or section 24.'.

(b) Opposition- Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by striking `as a result of dilution' and inserting `the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment'.

(c) Cancellation- Section 14 of the Trademark Act of 1946 (15 U.S.C. 1064) is amended, in the matter preceding paragraph (1) by striking `, including as a result of dilution under section 43(c),' and inserting `, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under section 43(c),'.

(d) Marks for the Supplemental Register- The second sentence of section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to read as follows:

`Whenever any person believes that such person is or will be damaged by the registration of a mark on the supplemental register--

`(1) for which the effective filing date is after the date on which such person's mark became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c); or

`(2) on grounds other than dilution by blurring or dilution by tarnishment, such person may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration.'.

(e) Definitions- Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by striking the definition relating to the term `dilution'.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

Posted by mikki at 03:06 PM | Permalink | Comments (0)

Boy, 3, bitten by octopus | NEWS.com.au:


A THREE-year-old boy is in intensive care after a bite from a deadly octopus at a south-east Queensland beach.

Jane Moss said today her son Anthony had been playing with the blue-ringed octopus in the shallows at Suttons Beach at Redcliffe, north of Brisbane, when it bit him yesterday.
He was rushed to hospital unable to breathe, and put on life support overnight.

He was still in intensive care tonight, but could be discharged as early as tomorrow.

Ms Moss said Anthony and his twin brother had been "messing with" the octopus, and Anthony showed symptoms only minutes after they put the creature back in the water.

"He said to me, 'I can't walk,' and his legs were all floppy," she told the Nine Network.

Attacks by the blue-ringed octopus in waters off south-east Queensland are considered extremely rare.

Posted by mikki at 02:05 PM | Permalink | Comments (0)

Note from Robert Anton Wilson and his daughter:


Mark Frauenfelder:

Earlier this week I wrote about writer Robert Anton Wilson's unfortunate situation (the short story: he has no money, has a few months left to live, and was facing eviction from his apartment). Yesterday, I wrote an update.

Today, I received this email from Bob's daughter, which contains a note from Bob. It's very moving. People opened their hearts and their wallets, and Bob is going to be able to live out his remaining days in peace. Thank you all very much.

On behalf of my Dad, RAW (Bob), I want to throw my arms around you "like a

circle 'round the sun!" for your loving graciousness in posting Bob's need

on your site. As of about 5 minutes ago, over $68,000 has come in. We are

all overjoyed as it now means that we can continue to celebrate this phase

of his life in the comfort of his own home, with all the care he needs,

until his passing, honored by the loving support of so, so many wondrous

folks. Just last week I was sick with heartache as we were faced with

giving his notice and now, the world has simply and completely -

transformed. Last night, he dictated a note that he wanted me to forward to

you - below is the text. He is very weak, cannot sit up or eat on his own,

and as he struggled with a whispery voice to express his gratitude, he broke

into tears several times. How my heart swelled as I gazed at this man who

has been both one of the most frustrating - and incredible - beings I have

ever known. I would not be who I am today, had I not grown up with him.

Much love, Christina Pearson

BOB'S NOTE:

Dear Friends, my God, what can I say. I am dumbfounded, flabbergasted, and

totally stunned by the charity and compassion that has poured in here the

last three days.

To steal from Jack Benny, "I do not deserve this, but I also have severe leg

problems and I don't deserve them either."

Because he was a kind man as well as a funny one, Benny was beloved. I find

it hard to believe that I am equally beloved and especially that I deserve

such love.

Whoever you are, wherever you are, know that my love is with you.

You have all reminded me that despite George W. Bush and all his cohorts,

there is still a lot of beautiful kindness in the world.

Blessings.

Robert Anton Wilson

Posted by mikki at 04:41 PM | Permalink | Comments (0)

Our typical American response to something we don't like. Censor it.

Man demands that book about book-burning be banned -- during Banned Books Week:


Mark Frauenfelder:

Meredith says: "Last week, a 15-year-old girl at Caney Creek High School (near Houston) complained to her father [Alton Verm] about "bad language" in Ray Bradbury's classic SF novel Fahrenheit 451. Dad complained to the district and pushed for the book -- which tells the story of a man in a futuristic, totalitarian society whose job is to burn unapproved literature -- to be removed from the curriculum. As the icing on the cake, his request came during the last week of September, which just happens to be the American Library Association's Banned Books Week."

Best line in the article:

"It's just all kinds of filth," said Alton Verm, adding that he had not read Fahrenheit 451.

Link

Posted by mikki at 05:48 PM | Permalink | Comments (0)

Beyond Whois - Data Mining IANA Protocol Numbers:

We all know about how the "whois" database is being mined by spammers and other scum.

This morning I woke up to find a scam email in my inbox, nothing odd about that.  What was odd, however, was that it was very clear that this email was created by mining the IANA protocol number assignments.

Posted by mikki at 05:41 PM | Permalink | Comments (0)

Beyond Whois - Data Mining IANA Protocol Numbers:

We all know about how the "whois" database is being mined by spammers and other scum.

This morning I woke up to find a scam email in my inbox, nothing odd about that.  What was odd, however, was that it was very clear that this email was created by mining the IANA protocol number assignments.

Posted by mikki at 05:40 PM | Permalink | Comments (0)

Woman Arrested After Disrupting Flight:


WASHINGTON (AP) - A woman was charged Wednesday with sexual assault after an altercation with a flight attendant on an airplane flying from Charlotte, N.C., to London, an official said.

Conan Bruce, a spokesman for the Federal Air Marshal Service in Washington, said the woman got into an argument with a male flight attendant aboard US Airways Flight 1494.

When the airplane landed at Gatwick Airport, Sussex police charged the woman with disrupting a flight and sexual assault, Bruce said.

Posted by mikki at 12:10 PM | Permalink | Comments (0)

6abc.com: Teens Forgot About Caller ID:


WELLSBORO, Pa. (AP) - October 3, 2006 - A couple of Pennsylvania teens apparently don't know about caller I-D.

The two 17-year-olds have been convicted on charges of making almost 500 obscene calls to 9-1-1. They faced a number of charges, including harassment and obstructing emergency services. Prosecutors in Tioga County say the teens made nearly 200 dirty calls in one day alone. Officials say the flood of obscene calls added a lot of strain to the already stressful job of the emergency dispatchers. Authorities aren't releasing the names of the teens, who've been sent to a local juvenile court center.

Posted by mikki at 12:03 PM | Permalink | Comments (0)

Google ducks a legal bullet | Perspectives | CNET News.com:


In the mostly uncharted territory of Internet jurisprudence, Google's policy of selling keywords has won a legal reprieve--at least for now.

A recent court ruling says Google is within its rights to include Internet links from competitors to a trademark holder when people search on the corporate name.

In a trademark lawsuit, computer franchiser Rescuecom had complained that when people typed its name into the Google search engine, the results would include URLs from competing Web sites. While U.S. District Court Judge Norman Mordue accepted the allegations in the trademark lawsuit Rescuecom filed against Google as true, he still dismissed the case.

Posted by mikki at 11:44 AM | Permalink | Comments (0)

Detroit Judge says Patriot Act suit can proceed:


A federal judge in Detroit has rejected the government's request to dismiss an ACLU lawsuit challenging the constitutionally of the controversial USA Patriot Act, an anti-terrorism measure Congress enacted after the 9/11 attacks.

U.S. District Judge Denise Hood issued the decision without fanfare on Friday, nearly three years after promising a speedy decision in the case. Congress has amended the law at least once since the government's request was argued before Hood in December 2003.

Hood said in a 15-page decision that the ACLU's clients - Muslim charities, social services organizations and advocacy groups - established that they have been harmed Section 215 of the law.

Hood said the ACLU's clients can proceed with their lawsuit and gave them 30 days to amend their initial complaint in light of amendments adopted by Congress in March.

The government had argued that this year's amendments had corrected any constitutional deficiencies in the act. The ACLU disagreed.

Michigan ACLU Executive Director Kary Moss said she was satisfied with the decision and will confer with her clients before deciding whether to

Posted by mikki at 06:50 PM | Permalink | Comments (0)

Flustered Bush Misses Air Force One Flight | The Onion - America's Finest News Source:


Flustered Bush Misses Air Force One Flight

October 3, 2006

CAMP SPRINGS, MD—Despite sprinting through the Andrews Air Force Base south terminal, President Bush narrowly missed his Air Force One flight to Boise earlier today after arriving just moments after the plane's doors had closed.

The 12-person crew was not able to accommodate the president due to strict federal guidelines requiring all passengers to arrive at their departure gate 15 minutes prior to takeoff—guidelines flight offic

Posted by mikki at 03:35 PM | Permalink | Comments (0)

Foley and Scientology: disgraced congressman linked to CoS?:


Xeni Jardin:

Here's a snip from a post on citynoise.org:

There's this, from CNN.com:

"An attorney for Foley, a Florida Republican, confirmed Monday that the former congressman is in an alcoholism treatment center. The fax was apparently sent from Clearwater, Florida, but Roth would not say if that's where Foley is being treated."

So, apparently Foley has gone to a detox center in Clearwater, Fl. What's in Clearwater? Scientologists! So, I followed my intuition and did a little Googling, thinking perhaps Foley is drying out with the Sea Org there.

This is what I uncovered:

"FLORIDA CONGRESSMAN ACCEPTS SCIENTOLOGY AWARD
On May 24, 2003, the "Clearwater Business Association" hosted a brunch in the Fort Harrison’s Ballroom, for Florida Congressman Mark Foley (R).

Also present at this event was "Republican State committee woman" Nancy Riley. Foley is featured on a Scientology web page promoting their anti-psychiatry front group C.C.H.R. ("Citizen's Comission on Human Rights"). The "Clearwater Business Association" (C.B.A.) appears to be primarily a way to bring politicians into the Scientology fold, by way of Scientologist Brett Miller (second from left in photo below). The primary affiliations of the C.BA.appear to be Scientology, W.I.S.E., and C.C.H.R., and not local businesses."

www.fso.org/en_US/news-events/pg005.html
web.tampabay.rr.com/sp/FLA.html (scroll down)

WTF. Hold me, I'm scared.

Link. Image: "...Mary Story from the Church of Scientology and Brett Miller from the Clearwater Businessman's Association present leatherbound copies of Dianetics and The Way to Happiness to Republican State Committee woman Nancy Riley and Congressman Mark Foley..." (Thanks James Home and Shelly Rae Scott)

Reader comment: Al Hunt says,

So that's why he was doing this via email. I understand that Scientologists have to do all their molesting silently.

Update: many BB readers who are also fans of South Park have pointed out the eerie similarities between this cluster of news and The Super Adventure Club.

Ajit says,

Following Florida Congressman Foley’s resignation after ABC uncovered his sexual advances towards teenage Pages, there is been a lot of talk about the cover up, specifically by the House speaker who knew about this problem a while back.

Conspiracy of Silence is a documentary from 1994, supposedly banned from the Discovery channel, that documents the pedophile ring within Washington. The quality of the video is quite bad and it clocks in at 55 mins but it is interesting to see how insular Congress is and how little things have changed. Link to video, link to blog post.

Posted by mikki at 03:34 PM | Permalink | Comments (0)

EFF Sues for Information on Electronic Surveillance Systems:

FBI Withholds Records on Tools to Intercept Personal Communications

Washington, D.C. - The FLAG Project at the Electronic Frontier Foundation (EFF) filed its first lawsuit against the Department of Justice Tuesday after the FBI failed to respond to a Freedom of Information Act (FOIA) request for records concerning DCS-3000 and Red Hook -- tools the FBI has spent millions of dollars developing for electronic surveillance.

DCS-3000 is an interception system that apparently evolved out of "Carnivore," a controversial surveillance system the FBI used several years ago to monitor online traffic through Internet service providers. One Department of Justice report said DCS-3000 was developed to "intercept personal communication services delivered via emerging digital technologies" and that it was used "as carriers continue to introduce new features and services." According to the same report, Red Hook is a system to "collect voice and data calls and then process and display the intercepted information."

The FLAG Project first filed its FOIA request for information about the surveillance systems on August 11, 2006. The FBI acknowledged receipt of the request, but the agency has not responded within the time limit required by law.

"Recent allegations of domestic spying by the U.S. government already have both lawmakers and the general public up in arms. Americans have a right to know whether the FBI is using new technology to further violate their privacy," said EFF Staff Attorney Marcia Hofmann. "The Department of Justice needs to abide by the law and publicly release information about these surveillance tools."

EFF's FLAG Project, launched last month, uses FOIA requests and litigation to expose the government's expanding use of technologies that invade privacy.

"Transparency is critical to the functioning of our democracy, especially when the government seeks to hide activities that affect the rights of citizens," EFF Senior Counsel David Sobel, who directs the FLAG Project. "We have recently seen numerous instances where federal agencies have sought to conceal surveillance activities that raise serious legal issues."

For the full FOIA suit filed against the Department of Justice:
http://www.eff.org/flag/dcs/dcs_complaint.pdf

For more on the FLAG Project:
http://www.eff.org/flag/

Contacts:

Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org

David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org

Posted by mikki at 03:32 PM | Permalink | Comments (0)

And they say the terrorists haven't won?

Man questioned and misses flight for speaking Tamil:


A 32-year-old man speaking Tamil and some English about a sporting rivalry was questioned at Sea-Tac Airport and missed his flight Saturday because at least one person thought he was suspicious.

The Port of Seattle dispatched its police officers to investigate the case, which occurred Saturday around noon, said Bob Parker, airport spokesman. The Chicago man was preparing to board an American Airlines flight to Dallas/Fort Worth International Airport.

The man was speaking Tamil, a language largely used in India, Sri Lanka and Singapore, on his cell phone at the departure gate and on the aircraft. An off-duty airline employee heard the conversation and informed the flight crew.

The man also apparently said something in English about a sporting rivalry at his alma mater.

"It's a big misunderstanding," said Parker. "He had a perfectly innocent explanation that all added up."

Parker said it is incumbent on airport officials to investigate reports of suspicious activity.

"It's hard to triage over the phone," he said.

But Parker had no explanation as to why a man speaking Tamil, which is spoken worldwide, would be considered suspicious. The person who contacted airport officials could give an answer to that question, he added.

Parker said the man was cooperative and boarded a later flight to Texas. He told officials that he would not speak in a foreign language on his cell phone at an airport in the future.

Posted by mikki at 02:09 PM | Permalink | Comments (0)

Who Killed TiVoToGo?:

Digital Cable and Satellite DRM Harms TV Fans and Innovators

San Francisco - Digital Video Recorders (DVRs) have changed the way millions of people watch television. But the new TiVo Series 3 for HD lacks a feature that past versions have had -- TiVoToGo, which allows users to move recorded shows to a computer or other device.

In a report released today, "Who Killed TiVoToGo?", EFF gets to the bottom of this digital murder mystery. The plot includes Hollywood, the Federal Communications Commission (FCC), and digital rights management (DRM) -- and it's an ominous tale for television fans looking forward to the widespread adoption of high-definition (HD) television.

"When you upgrade to HD TV, you will lose some of your favorite features on other digital devices," said EFF Activist Derek Slater, the report's author. "DRM restrictions won't stop 'Internet piracy,' but they will hamper your ability to watch recorded TV content wherever and whenever you choose."

Both digital cable and satellite providers must transmit their programming with DRM to satisfy Hollywood's demands -- and because of the Digital Millennium Copyright Act's (DMCA) restrictions on unlocking DRM even for lawful uses, innovators like TiVo have to get permission from Hollywood and the TV providers before creating compatible devices.

TiVo Series 3 HD is one of many new devices that replaces your typical cable set-top box by taking advantage of CableCARD technology. Because TiVo could not get permission to include the TiVoToGo feature in conjunction with CableCARD, the feature was removed.

"Had Hollywood and the TV providers obtained this kind of veto power years ago, the original TiVo might never have been created," said Slater. "Remember, Hollywood tried to stamp out DVRs when they first started to become widespread, suing DVR-maker ReplayTV into bankruptcy and comparing commercial-skipping to 'stealing.' TiVoToGo is the latest casualty in Hollywood's crusade against new technologies."

For the full report "Who Killed TiVoToGo?":
http://www.eff.org/IP/pnp/cablewp.php

To stop cable DRM from getting even worse:
http://action.eff.org/cablecard

Contact:

Derek Slater
Activist
Electronic Frontier Foundation
derek@eff.org

Posted by mikki at 10:43 AM | Permalink | Comments (0)

The White House Warden - Los Angeles Times:


The White House Warden
Congress may give the president the power to lock up almost anyone he thinks is a terror threat.
By Bruce Ackerman, BRUCE ACKERMAN is a professor of law and political science at Yale and author of "Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism."
September 28, 2006

BURIED IN THE complex Senate compromise on detainee treatment is a real shocker, reaching far beyond the legal struggles about foreign terrorist suspects in the Guantanamo Bay fortress. The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights.

This dangerous compromise not only authorizes the president to seize and hold terrorists who have fought against our troops "during an armed conflict," it also allows him to seize anybody who has "purposefully and materially supported hostilities against the United States." This grants the president enormous power over citizens and legal residents. They can be designated as enemy combatants if they have contributed money to a Middle Eastern charity, and they can be held indefinitely in a military prison.

Posted by mikki at 10:40 AM | Permalink | Comments (0)

Hit in midair: a jolt, a bang, silence:


Hit in midair: a jolt, a bang, silence
Writer describes 'most harrowing 30 minutes of my life' after collision with 737

By JOE SHARKEY
New York Times

SAO JOSE DOS CAMPOS, BRAZIL - It had been an uneventful, comfortable flight.

With the window shade drawn, I was relaxing in my leather seat aboard a $25 million corporate jet that was flying 37,000 feet above the vast Amazon rain forest. The seven of us on board the 13-passenger jet were keeping to ourselves.

Without warning, I felt a terrific jolt and heard a loud bang, followed by an eerie silence, save for the hum of the engines.

And then the three words I will never forget. "We've been hit," said Henry Yandle, a fellow passenger standing in the aisle near the cockpit of the Embraer Legacy 600 jet.

"Hit? By what?" I wondered. I lifted the shade. The sky was clear; the sun low in the sky. But there, at the end of the wing, was a jagged ridge, perhaps a foot high, where the 5-foot-tall winglet was supposed to be.

And so began the most harrowing 30 minutes of my life. I would be told time and again in the next few days that nobody survives a midair collision. I was lucky to be alive — and only later would I learn that the 155 people aboard the Boeing 737 on a domestic flight that seems to have clipped us were not.

Investigators are still trying to sort out what happened, and how — by some miracle — our smaller jet managed to stay aloft while a 737 that is longer, wider and more than three times heavier fell from the sky.

But at 3:59 last Friday afternoon, all I could see, all I knew, was that part of the wing was gone. And it was clear that the situation was worsening in a hurry. The leading edge of the wing was losing rivets, and starting to peel back.

Amazingly, no one panicked. The pilots calmly starting scanning their controls and maps for a nearby airport, or, out their window, a place to come down.

But as the minutes passed, the plane kept losing speed. By now we all knew how bad this was. I wondered how badly ditching was going to hurt.

I thought of my family. There was no point reaching for my cell phone to try a call — there was no signal. And as our hopes sank, some of us jotted notes to spouses and loved ones and placed them in our wallets, hoping they would be found.

I was focused on a different set of notes when the flight began. I've written the weekly "On the Road" column for the New York Times' business-travel section every Tuesday for the last seven years. But I was on the Embraer 600 for a freelance assignment for Business Jet Travel magazine.

For the next 25 minutes, the pilots, Joe Lepore and Jan Paladino, were scanning their instruments, looking for an airport. Nothing turned up.

They sent out a Mayday, which had been acknowledged by a cargo plane somewhere in the region. There had been no contact with any other plane, and certainly not with a 737 in the same airspace.

Lepore, 42, of Bay Shore, N.Y., then spotted a runway through the darkening canopy of trees. "I can see an airport," he said.

It turned out to be a military base deep in the Amazon.

"We didn't know how much runway we had or what was on it," Paladino, 34, of Westhampton, N.Y., would say later that night at the base in the jungle at Cachimbo.

We came down hard and fast. I watched the pilots wrestle the aircraft because so many of their automatic controls were blown. They brought us to a halt with plenty of runway left. We staggered to the exit.

"Nice flying," I told the two pilots as I passed them.

"Any time," Paladino said with an anxious smile.

Posted by mikki at 10:36 AM | Permalink | Comments (0)

Torture bill: Non-allegiance to president = terrorism:


Xeni Jardin:

BoingBoing reader Eris Siva says,

Here's an article about bill HR 6166, the "Military Commissions Act of 2006" which recently passed in Congress. At first the bill seemed to only concrete the ability of Bush to define the Geneva Conventions and allow torture to be used on detainees. But further analysis digs up the fact that it also defines non-allegiance to Bush as an act of terrorism. It then goes on to include the following into the corral of terrorism: vandals, people who fight near "protected buildings", squatters, petty thieves, and anyone "who with intent or reason to believe that it is to be used to the injury of the United States" collects information (such a broad term) "clandestine" means.

What's more, it also prevents the courts from arguing with it, people from bringing the Geneva Conventions into a defense trial, and prevents people held under these terms from receiving any knowledge of the charges against them - preventing any sort of defense. There is so much more and the bill is over 80 pages long.

It's just outrageous to think that one day BoingBoing might even be considered as enemy activity under these new laws.

Link (Thanks, Waylon)

Ever at the ready with ironic, 100% cotton weapons of freedom, Tim Murtaugh says:

You guys posted about my "I Am Not A Terrorist" shirt a few weeks back. I just created another one that says "Enemy Combatant" (in English this time). Knowing our fear of terrorism (and doing quite a bit to encourage it, in fact), the leaders of the US expect us to ignore them as they change the way our government operates at the highest levels. They are doing a big thing badly, and this is my small effort to raise awareness.

Posted by mikki at 06:26 PM | Permalink | Comments (0)

:: Douglas Rushkoff - Weblog :::


I hope people I've inspired with my work would band together to help me out in my later years if I needed it. Which is at least part of the reason why I'm sending what I can to support cosmic thinking patriarch Robert Anton Wilson, whose infirmity and depleted finances have put him in the precarious position of not being able to meet next month's rent.

In case the name doesn't immediately ring a bell, Bob is the guy who wrote Cosmic Trigger - still the best narrative on how to enter and navigate the psycho-spiritual realm, and co-wrote the Illuminatus Trilogy, an epic work that pushes beyond conspiracy theory into conspiracy practice. Robert Anton Wilson will one day be remembered alongside such literary philosophers as Aldous Huxley and James Joyce.

But right now, Bob is a human being in a rather painful fleshsuit, who needs our help. I refuse for the history books to say he died alone and destitute, for I want future generations to know we appreciated Robert Anton Wilson while he was alive.

Let me add, on a personal note, that Bob is the only one of my heroes who I was not disappointed to actually meet in person. He was of tremendous support to me along my road, and I'm honored to have the opportunity to be of some support on his.

Any donations can be made to Bob directly to the Paypal account olgaceline@gmail.com.
You can also send a check payable to Robert Anton Wilson to
Dennis Berry c/o Futique Trust
P.O. Box 3561
Santa Cruz, CA 95063.

Posted by mikki at 05:44 PM | Permalink | Comments (0)

So, here I am as a parent, with a computer savvy daughter with her own machine, and if she decides to post on her website, hosted in my house, from her own computer that she hates school, thinks the teachers suck, and thinks that one of her friends is a putz, the SCHOOL is going to step in and say that not only does she not have a First Amendment right to do this, but I, as a parent, can't give her permission to express herself? It's fine enough that they attempt to regulate behavior during school time, but when she's with me at my house using my facilities that I've allowed they're going to step in there too and tell me how to parent? I'm damn glad that she graduates high school in 2 1/2 years.

Schools punishing kids for what they say online | IndyStar.com:


Schools punishing kids for what they say online
Critics say policies that extend to posts from home computers are unconstitutional

By Rebecca Neal
A growing number of school officials in the Indianapolis area are trying to punish students for Internet commentary they deem inappropriate -- including postings on home computers -- drawing outrage from teens and free-speech advocates.

As schools across the country adopt blogging policies, parents have challenged their constitutionality. Here are a few cases stemming from the policies:

Colorado: Littleton High School junior Bryan Lopez was suspended after posting comments about his school on MySpace.com in February. On his profile, he discussed the poor condition of his school building and the perceived racial biases of teachers and staff. Lopez contested his suspension and was reinstated.

Ohio: Eighth-grader Jessica Schoch was expelled after posting a parody profile of a school administrator on MySpace in the spring. The Holland, Ohio, teen protested the expulsion, claiming the profile was free speech. The Springfield School Board later reversed the expulsion.

Pennsylvania: Student rapper Anthony Latour, Ellwood City, posted his original rap lyrics and recordings on the Internet. Latour, then 14, and a friend engaged in "battle rap," trying to one-up each other with violent lyrics. Anthony was expelled in May 2005 because of the violent lyrics and arrested and charged with terroristic threatening, though the charges were later dropped. He sued the Riverside Beaver County School District, which settled with Latour's family for $90,000. Latour has since filed a lawsuit against the officers who arrested him.

-- Star research

One student has been expelled at one school, another suspended. One school district has warned students they are legally responsible for postings; another will vote on a similar policy this month.
"Kids look at the Internet as today's restroom wall," said Steve Dillon, director of student services for Carmel Clay Schools. "They need to learn that some things are not acceptable anywhere."
Carmel High School used its harassment and bullying policy to expel a student Dillon said posted sexually explicit comments about a teacher on MySpace. A second Carmel student was suspended for 10 days and given community service for posting racially offensive comments about a teacher on the site, he said.
Another area school district, Clark-Pleasant in Whiteland, is trying to pass a policy that puts students -- and teachers -- on notice that they are legally responsible for anything they post online, including material deemed defamatory, obscene, proprietary or libelous. The proposed policy will come before the School Board on Oct. 17. Beech Grove passed a similar policy in the spring. "If something starts online and spills into school, we want to be able to deal with that and restore order to the school," said Clark-Pleasant Director of Technology Jim White, who crafted the district's proposed policy on responding to Internet activity.

Posted by mikki at 04:45 PM | Permalink | Comments (0)

Please read the entire article linked below. This law now ensures that only the rich who choose to throw money at an issue, will be able to stop governmental establishment of religion in schools, government workplaces, etc. So now, if your child is forced to pray to Jesus before school starts, you'll have to find and pay an attorney to take the case, rather than the contingency funding that used to occur. Large groups like the ACLU will be highly stifled, as they generally have their fees paid through success in these cases. Before you cheer and applaud this result, think for a minute what could happen as the majority in your school zone shifts to a religion you may not be comfortable with....

Erwin Chemerinsky - Legislating Violations of the Constitution - washingtonpost.com:


With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state. The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion.

A federal statute, 42 United States Code section 1988, provides that attorneys are entitled to recover compensation for their fees if they successfully represent a plaintiff asserting a violation of his or her constitutional or civil rights. For example, a lawyer who successfully sues on behalf of a victim of racial discrimination or police abuse is entitled to recover attorney's fees from the defendant who acted wrongfully. Any plaintiff who successfully sues to remedy a violation of the Constitution or a federal civil rights statute is entitled to have his or her attorney's fees paid.

Congress adopted this statute for a simple reason: to encourage attorneys to bring cases on behalf of those whose rights have been violated. Congress was concerned that such individuals often cannot afford an attorney and vindicating constitutional rights rarely generates enough in damages to pay a lawyer on a contingency fee basis.

Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior. Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution. Indeed, the potential for such suits deters government wrong-doing and increases the likelihood that the Constitution will be followed.

The attorneys' fees statute has worked well for almost 30 years. Lawyers receive attorneys' fees under the law only if their claim is meritorious and they win in court. Unsuccessful lawyers get nothing under the law. This creates a strong disincentive to frivolous suits and encourages lawyers to bring only clearly meritorious ones.

Posted by mikki at 12:19 PM | Permalink | Comments (0)

Escaped Hamster Interrupts Jet Flight:


INNSBRUCK, Austria (AP) - It wasn't "Snakes on a Plane," but an Austrian Airlines jet made an unscheduled stop Friday after a passenger sneaked a hamster aboard and the rodent escaped. The flight from Palma de Mallorca, Spain, to the southern Austrian city of Graz made a stop in Innsbruck so officials could search for the hamster and make sure it didn't gnaw through any wiring, the airline said.

It said the flight was diverted after a passenger notified the crew that he had brought a hamster aboard and had lost track of it. Passengers were ordered off the plane, and some were taken by bus to Graz. It was not immediately clear how many people were aboard.

By midafternoon, a search of the aircraft still had not turned up any sign of the hamster, authorities said.

Austrian Airlines said the jet would remain grounded until the hamster was found "because it can't take off that way for safety reasons."

Posted by mikki at 12:10 PM | Permalink | Comments (0)

So, why is a book so dangerous to fundamentalists? Why are authors targeted for death by some extremists, and their books targeted in countries where authors aren't usually shot in the streets? What is it about free thought that frightens so terribly many?

This planet is crazy: US library ban on JK Rowling - most wanted:


Harry Potter creator JK Rowling has been voted the author Americans most want to ban from libraries over fears that her books promote witchcraft.

The American Library Association (ALA), who compiled the list for their Banned Book Week, said there were more than 3,000 attempts to remove the books from libraries and schools between 2000 and 2005.

The ALA said some of the main reasons cited for protesters trying to get controversial books removed from circulation were sexually explicit material, having an occult theme or offensive language.

Other complaints highlighted books with violent content or promoting homosexuality or a religious viewpoint.

Other authors on the list include John Steinbeck, for racism, violent language and sexism in Of Mice and Men, Harper Lee for To Kill a Mocking-Bird and William Golding for Lord of the Flies.

Rowling said: "As this puts me in the company of Harper Lee, Mark Twain, JD Salinger, William Golding, John Steinbeck and other writers I revere, I take my annual inclusion on the list as a great honour."

An ALA spokesman said: "Banned Books Week celebrates the freedom to express one's opinion, even if it is considered unorthodox or unpopular and it stresses the importance of ensuring others have access to those viewpoints."

Posted by mikki at 12:04 PM | Permalink | Comments (0)

Ok folks, does this make any sense? An already strained Coast Guard, patrolling the busy Chesapeake Bay and helping the tens of thousand of recreational boaters who may get themselves into trouble in the DC area, are now charged with getting those horrible little aircraft who stray into the horrors of the ADIZ. Note that the story says that the Dolphins WILL be equipped with civilian radios (gee, think that they have yet? Damn, I hope so)

Let's get rid of this Artificial Defense Irrationality Zone and concentrate on actual threats already? How many more years of spending millions of dollars to catch pilots who may not have been paying enough attention, or who are caught by ATC errors? How many more times do we have to hear that nobody who has been caught had any intention of terrorist activities? What a waste!

Coast Guard Takes Over ADIZ Patrol:


Pilots who stumble into the Air Defense Identification Zone (ADIZ) above Washington, D.C., now will be intercepted by helicopters flown by the U.S. Coast Guard, which takes over the job from Customs and Border Protection. The change was made official on Monday. "The Coast Guard is fully ready to [provide] air defense in the National Capitol Region," said Rear