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National Gorilla Suit Day:
Cory Doctorow:
Today is National Gorilla Suit Day, inaugurated by Mad Magazine's Don Martin. "Every National Gorilla Suit Day, people of all shapes and colors around the world get their gorilla suits out of the closet, put them on and go door-to-door."
(Thanks, David)
What's next? Are they going to test the kid for excess sugar or trans fat that they might eat outside of school? I'm so glad my daughter is going to be out of school in 2 years.
High School to Expand Alcohol Testing:
PEQUANNOCK, N.J. -- Some teenagers who drink over the weekend could be in big trouble come Monday morning: A New Jersey school district plans to institute random urine tests capable of detecting whether alcohol was consumed up to 80 hours earlier.
Pequannock Township High, with about 800 students, said it will begin administering the tests next Monday.
"This is a major issue for America," School Superintendent Larrie Reynolds said Tuesday. "There are more kids that die each year in alcohol-related traffic deaths than there are soldiers who have died in Iraq. The numbers are staggering."
At least one other New Jersey high school, in Middletown, employs the EtG test, which screens for ethyl glucuronide, a substance produced by the body when it metabolizes alcohol.
Pequannock teenagers who participate in sports or other extracurricular activities, or drive to school, are already tested for illegal drugs, under a 2005 program prompted by the heroin overdose of a student.
Students who test positive for alcohol will not be kicked off teams or barred from extracurricular activities. Instead they will receive counseling and their parents will be notified, Reynolds said.
"That's going to give our kids riding in the back seat of someone's car a very powerful reason to say no," he said.
Drug tests, similarly, can detect drug use that occurred days earlier.
The new test worries civil-liberties advocates and others who oppose school drug testing as an invasion of privacy.
"Medical care and treatment are issues between parents and children," said Deborah Jacobs, executive director of the American Civil Liberties Union of New Jersey.
They also say that common household products such as mouthwash can produce a positive test result. Reynolds said that the test has been recalibrated so that for students to test positive, they would generally have to consume one or two drinks.
The EtG test costs about $20, Reynolds said. The school's overall testing program is funded by a three-year, $120,000 federal grant.
"No one's really taking it seriously. If you want to go to a party, you're still going to go to a party," senior Matt Huber said.
WIRED Blogs: 27B Stroke 6:
Maine Says Will Opt-Out of De Facto National I.D. Law
Maine's legislature overwhelmingly passed a resolution refusing to implement the REAL ID Act which requires states to standardize their drivers licenses according to federal standards, saying the bill would cost the state $185 milllion, turns the state into an extension of the federal government, and would invade privacy. The resolution also calls on Congress to repeal the rule, which was slid into a defense spending bill in 2005. Though the final standards have yet to be announced, after May 11, 2008, federal agencies won't accept non-compliant identification cards, which if the law weren't changed and Maine opted out would mean that Maine residents would have a very difficult time flying and couldn't enter federal courthouses, among other things.
"This is the beginning of the end of Real ID," said Barry Steinhardt, Director of the ACLU's Technology and Liberty Project. "The Real ID national ID scheme is pointless if one or more states refuse to participate, because the whole premise of the program is the creation of a single uniform national identity document and database."
Since this is only a resolution, Maine has not officially opted out, but the ACLU says statutory language is likely to be passed soon. At the end of the last session of Congress, Senators Daniel Akaka (D-HI) and John Sununu (R-NH) introduced a bill that would rollback many of the rules in the REAL ID Act, a warning shot to the Administration that the issue would be in play in the Democrat-controlled Congress in 2007. Legislators in other states including Georgia, New Hampshire and Montana have also introduced anti-REAL ID bills.
US House votes to strip felon lawmakers of pensions:
[JURIST] The US House of Representatives [official website] unanimously passed a bill [HR 476 text] Tuesday to deny retirement pensions to any member of Congress "convicted of any of certain offenses," including fraud, bribery and perjury. Currently, federal lawmakers can only be stripped of their benefits for treason or espionage. The new legislation, passed by a vote of 431-0 [roll call], adds to the list the crimes of bribery, acting as a foreign agent, breaking restrictions on becoming a lobbyist, committing perjury, convincing another person to commit perjury, and conspiracy to commit one of these crimes. Some legislators even sought to go further, including Rep. Mark Kirk (R-IL) [official website] who failed to secure passage of an amendment that would have also put crimes such as tax evasion, wire fraud, and racketeering on the list. The House bill still needs to be reconciled with the Senate's version before a final vote can be held. Neither the House nor Senate version of the bill is retroactive.
Tuesday's unanimous vote signals House lawmakers' desire to improve their image after a year in which several bribery and influence-peddling scandals made headlines. Most notably, former US Rep. Tom DeLay (R-TX) [official profile; JURIST news archive] was forced to resign [JURIST report] and former US Rep. Bob Ney (R-OH) [Wikipedia profile] was sentenced [JURIST report] to prison for their connections to lobbyist Jack Abramoff [JURIST news archive]. Meanwhile, former Rep. Randy "Duke" Cunningham (R-CA) [Wikipedia backgrounder] received a record sentence [JURIST report] in March 2006 for taking bribes from a defense contractor, and Rep. William Jefferson (D-LA) [JURIST news archive; official website] came under investigation in a separate bribery investigation. AP has more.
If you can't control your child enough to make them get in their damn seat for takeoff you shouldn't be on the airplane in the first place.
Toddler's Temper Ousts Family From Plane:
ORLANDO, Fla. (AP) - AirTran Airways on Tuesday defended its decision to remove a Massachusetts couple from a flight after their crying 3-year-old daughter refused to take her seat before takeoff.
>AirTran officials said they followed Federal Aviation Administration rules that children age 2 and above must have their own seat and be wearing a seat belt upon takeoff.
"The flight was already delayed 15 minutes and in fairness to the other 112 passengers on the plane, the crew made an operational decision to remove the family," AirTran spokeswoman Judy Graham-Weaver said.
Julie and Gerry Kulesza, who were headed home to Boston on Jan. 14 from Fort Myers, said they just needed a little more time to calm their daughter, Elly.
"We weren't given an opportunity to hold her, console her or anything," Julie Kulesza said in a telephone interview Tuesday.
The Kuleszas said they told a flight attendant they had paid for their daughter's seat, but asked whether she could sit in her mother's lap. The request was denied.
She was removed because "she was climbing under the seat and hitting the parents and wouldn't get in her seat" during boarding, Graham-Weaver said.
The Orlando-based carrier reimbursed the family $595.80, the cost of the three tickets, and the Kuleszas flew home the next day.
They also were offered three roundtrip tickets anywhere the airline flies, Graham-Weaver said.
The father said his family would never fly AirTran again.
And all other passengers of AirTran are grateful for the decision :-)
SPECIAL AIRSPACE ALERT: WASHINGTON, D.C. AREA:
According to AOPA, general aviation is banned from the skies within 40 nm of Washington, D.C., tonight during President Bush's State of the Union address. The event has triggered a temporary flight restriction closing all 3,000 square miles of the Washington Air Defense Identification Zone (ADIZ) to GA flights between 8 p.m. and 11 p.m. EST tonight.
Of course, commercial airliners, far more capable of destructive actions, with most cargo completely unscreened, are free to fly happily over the same ADIZ. Trucks, boats, busses, SUVs, bulldozers, etc. are also free to roam unimpeded under the same ADIZ. People on the "no fly list" will be allowed inside the Capitol for the proceedings.
With all the possible "evils" out there to contend with, prohibiting general aviation should be the least of their worries. One definitely would have hoped that this "band aid" approach to national security would be over by now. Sadly, it seems that the majority of the public is gullible as ever.
Homeless Men Save Boat Owner Who Slips Into Channel:
WASHINGTON - Three homeless men are being hailed as heroes, except no one knows who they are.
When a Washington Marina boat owner slipped on an ice-covered dock and fell into the Washington Channel Monday night, one of the three homeless men heard his cries.
>That man jumped a fence and ran down the dock. The man couldn't pull the boat owner from the water but he did hold on. As he held on, two other homeless men flagged down D.C. Harbor Patrol Officer Hilliard Dean who had already been called to the area to look for somebody in the water.
The two homeless men boosted Dean over a 7-foot fence so he could get to the scene. Dean and the first homeless man pulled the boat owner from the frigid waters right near the Fish Market.
"He couldn't pull himself out. He was too cold," Dean said.
The victim later told Dean, "All he knew was the homeless person who was holding on to his one arm had told him to stay with him. 'I got you. You're not going to go anywhere. You're not going to die tonight. I have you. I have.'"
The victim, who suffered hypothermia, said he had been wearing dress shoes on the icy dock when he slipped. Once he was in the water, he says he slipped under the water and the homeless man pulled his head back up.
Appeals court dismisses Kahle et al. v. Gonzales:
Xeni Jardin:
Rick Prelinger says,
Unfortunately, we've lost again.In this appeal (passionately argued by Larry Lessig) we hoped to establish that "the change from an “opt-in” to an “opt-out” copyright system altered a traditional contour of copyright." A successful appeal would have opened uncountable orphaned works (especially books and films) to unrestricted public use.
The 9th Circuit disagreed and affirmed the District Court's decision, saying "The Supreme Court has already effectively addressed and denied Plaintiffs’ arguments" in Eric Eldred's case.
Both the Internet Archive and the Prelinger Library will continue to digitize public domain materials and make them available online for free.
ITU Stops Trying to Take over Internet:
For some time there's been a possibility of the functions of ICANN
being subsumed by the ITU, but it appears that's not going to happen:
The Internet should continue to be overseen by major agencies including
ICANN and the ITU, rather than any new "superstructure," the new head of the International Telecommunications Union said on Friday.
Hamadoun Toure, who took up the reins of the
United Nations agency this month, said the ITU would focus on tackling cyber-security and in narrowing the "digital divide" between rich and poor countries.
Internet should be run by key players: new ITU boss
Reuters,
Fri Jan 12, 1:04 PM ET
Given the track record of properly constituted international bodies such
as ITU and networking (I'm thinking of the ISO-OSI protocols),
the current ad hoc and limited nature of ICANN is a good thing.
Sometimes ICANN even remembers that it's not supposed to be doing governance;
it's supposed to be doing technical oversight in a few limited technical areas.
Most of the real work of coordinating the Internet is actually done by
the root and ccTLD domain registrars and operators, the various regional
address assignment authorities, and numerous other groups, companies,
and individuals who just get on with it.
The Internet has many problems which need addressing, including phishing,
spam, and speed, but more governance in the ITU or UN (or U.S. Dept. of
Commerce) sense seems unlikely to solve any of them.
-jsq
PS: Thanks to
James Seng.
Qantas Boots Man for Wearing Bush Shirt:
MELBOURNE, Australia (AP) - An Australian man said he is considering suing national carrier Qantas for refusing to let him onto an international flight because he would not take off a T-shirt calling U.S. President George W. Bush a terrorist.
Allen Jasson said on Monday he was turned away last Friday at a Qantas departure gate in the southern city of Melbourne when he tried to board a flight to London while wearing a shirt with the a picture of Bush and the slogan "World's #1 terrorist."
Qantas Airways Ltd. said in a statement: "Whether made verbally or on a T-shirt, comments with the potential to offend other customers or threaten the security of a Qantas group aircraft will not be tolerated."
Jasson said he wore the shirt unchallenged through official security checks, then approached a Qantas staff member at the gate to draw attention to it because he had been asked to remove it before boarding a domestic flight days earlier.
"I raised the issue, but I wanted primarily to thank Qantas for relenting when he told me: `I'm surprised you got this far, the staff should have stopped you'," Jasson said.
Jasson, an Australian who lives in London, said Qantas had offered to put him on another flight if he does not wear the shirt. But he has so far declined.
"I might forfeit the fare but I have made up my mind that I would rather stand up for the principle of free speech," he said.
He said he was considering suing the airline, but it was not immediately clear under what law.
Pa. Man's Letter Brings Secret Service - Newsday.com:
BETHLEHEM, Pa. -- An elderly man who wrote in a letter to the editor about Saddam Hussein's execution that "they hanged the wrong man" got a visit from Secret Service agents concerned he was threatening President Bush.
The letter by Dan Tilli, 81, was published in Monday's edition of The Express-Times of Easton, Pa. It ended with the line, "I still believe they hanged the wrong man."
Tilli said the statement was not a threat. "I didn't say who -- I could've meant (Osama) bin Laden," he said Friday.
Two Secret Service agents questioned Tilli at his Bethlehem apartment Thursday, briefly searching the place and taking pictures of him, he said.
The Secret Service confirmed the encounter. Bob Slama, special agent in charge of the Secret Service's Philadelphia office, said it was the agency's duty to investigate.
The agents almost immediately decided Tilli was not a threat, Slama said
"We have no further interest in Dan," he said.
Tilli said the agents appeared more relaxed when he dug out a scrapbook containing more than 200 letters that he has written over the years, almost all on political topics.
"He said, 'Keep writing, but just don't make no threats,'" Tilli said of one of the agents.
It wasn't Tilli's first run-in with the federal government over his letter writing. Two FBI agents from Allentown showed up at his home last year about a letter he wrote advocating a civil war to unseat Bush, he said.
First day of snow has hit the Washington, DC area, causing the locals to again drop into catatonia, and line up at their nearest supermarket to clean the shelves of bread, milk, and toilet paper. Even the lactose intolerant and those with celiac disease stand in line purchasing these staples of DC life, whether they can use them or not.
So far, a 1/2 inch of snow has fallen, and already the Fairfax County Schools have issued a closure notice for activities this afternoon/evening. They will make a decision about tomorrow early in the morning.
MELTING! I'm MELTING! What a WORLD!!!!!
Airline pilot is stricken after takeoff, dies - CNN.com:
McALLEN, Texas (AP) -- The pilot of a Continental Airlines flight became ill after takeoff and was later pronounced dead after the plane made an emergency landing Saturday, a company spokeswoman said.
The 210 passengers on the flight, which departed from Houston, Texas, were never in danger and the co-pilot landed the plane safely, Continental spokeswoman Macky Osorio said.
The airline said only that the pilot suffered a "serious medical problem." Continental believes the pilot died of natural causes, Osorio said. The pilot's name was not released.
The flight, bound for Puerto Vallarta, Mexico, took off from Houston's George Bush Intercontinental Airport and was diverted to McAllen-Miller International Airport.
The flight continued to Mexico with a new crew, Osorio said.
MIT writer says Vista drove her to Mac:
Filed under: Switchers, Education
There's a tiny thrill when you hear about the "Macpiphany" moment from a long-time Windows user; that cognitive gear shift where suddenly, out of the blue, they get it. How Ironic. Our Attorney General tells the legislative branch that the domestic surveillance program now has the checks and balances of the judiciary, so they no longer need to worry about it. BUT, then won't reveal exactly what PARTS of it the judiciary actually is checking! Utterly mind boggling.
Gonzales balks at releasing FISC order authorizing domestic surveillance:
[JURIST] US Attorney General Alberto Gonzales told the Senate Judiciary Committee [official website] Thursday that it is not "[his] decision" whether or not the Justice Department agrees to release the text of the order granted by the Foreign Intelligence Surveillance Court (FISC) [FJC backgrounder] authorizing government surveillance of transmissions coming into or going outside of the country where one party was suspected of association with a terrorist organization. Gonzales notified the Committee of the order [JURIST report] via letter on Wednesday. Gonzales was unresponsive when ranking committee member Sen. Arlen Specter (R-PA) asked whether the order provides the FISC with blanket authority to approve all DOJ wiretap requests. During the oversight hearing [SJC materials], the committee released a letter from presiding FISC judge Colleen Kollar-Kotelly agreeing to release any documents relating to FISC oversight of the domestic surveillance program [JURIST news archive], pending approval from the Justice Department. Also on Thursday, National Intelligence Director John Negroponte told the House Intelligence Committee that releasing the text of the order could implicate separation of power issues.
The Justice Department has not decided whether to drop its appeal [JURIST report] of an August district court decision [PDF text] declaring the NSA domestic surveillance program unconstitutional [JURIST report]. The case may now be moot, as Gonzales' letter [PDF text; JURIST report] makes clear that the program as challenged will no longer exist. In October, the US Court of Appeals for the Sixth Circuit [official website] ruled [text, PDF; JURIST report] that the program could continue to operate during the appeal process. AP has more.
'Poe toaster' visits writer's grave for 58th year - CNN.com:
BALTIMORE, Maryland (AP) -- For the 58th straight year, a mysterious visitor left birthday cognac and roses at Edgar Allan Poe's grave Friday, and he was watched by more onlookers than ever, a faithful viewer said.
Jeff Jerome, curator of the Poe House and Museum, said 55 people braved a chilly morning to glimpse the annual ritual of the mysterious visitor known as the Poe toaster.
"If I were the Poe toaster, and I saw and heard that crowd, I wouldn't show up," Jerome said before the ceremony.
As in years past, the visitor placed a half-empty bottle of cognac and three red roses at the grave on Poe's birthday, Jerome said.
Once it realized who he was, the crowd rushed to one of the cemetery's entrances to get a glimpse, and the toaster slipped out another way, Jerome said.
He said this year's crowd was large but well behaved, unlike last year when watchers tried to interfere with the tribute.
Jerome said he would no longer describe the visitor or what he was wearing because of last year's unruly spectators.
One onlooker Friday dressed up to look like the Poe toaster had in a previous year, said Jerome, who has seen the mystery visitor every January 19 since 1976.
Starting in 1949, a frail figure made the visit to Poe's grave. In 1993, the original visitor left a cryptic note saying, "The torch will be passed." A later note said the man, who apparently died in 1998, had handed the tradition on to his sons.
Poe, who wrote poems and horror stories such as "The Raven" and "The Telltale Heart," was born in Boston and raised in Richmond, Virginia. He died October 7, 1849, in Baltimore at the age of 40 after collapsing in a tavern.
WIPO anti-podcasting treaty refuses to die:
Cory Doctorow:
The WIPO Broadcast Treaty meeting is back underway -- this is a treaty to birth a new kind of copyright that goes to broadcasters, web-hosters, and other people who don't create, only distribute. Under the rules proposed by WIPO, it wouldn't matter if copyright lets you make use of some material (because of fair use, Creative Commons, public domain, etc) -- you'd also need permission from the company that hosted or distributed the material.
Slashdot has picked up the story and has some great, vigorous discussion about it.
If YouTube, et al have done anything, it's show that a different business model can work: the value is not in production of the material, it's in delivering it.
Previously, if I had wanted lame videos of punk skateboarders doing tricks, angsty teenagers venting their mixed-up feelings, middle-age housewives body-popping, etc. I would have had to spend countless hours trolling the murky depths and dark recesses of the Internet to find them. Thanks to YouTube, I have a single, convenient place to satisfy my disgusting and perverse needs.
Seriously though, can we please stop trying to create artificial scarcity? We don't really need it; TV shows, movies, and music worth paying for are already scarce enough.
See also:
WIPO wants to give webcasters the right to steal from public domain, Creative Commons and GPL
European podcasters to WIPO: Stay away from us!
WIPO meets to screw up podcasting, Barcelona, June 21
Secret WIPO memo: rich countries to kill Broadcast Treaty, Development Agenda
WIPO pulls out dirty tricks to kill participation from consumer groups
How the US is boning the developing world at WIPO
WIPO Broadcast Treaty: consolidated three-day notes
Copyright treaty laid bare: watch your governments make sausage!
Tech companies tell WIPO: we don't want your "protection"
WIPO playing dirty tricks to keep public interest groups out
Ministers launch petition to stop Bush library - CNN.com:
DALLAS, Texas (AP) -- A group of Methodist ministers from across the nation launched an online petition drive Thursday urging Southern Methodist University to stop trying to land George W. Bush's presidential library.
The petition, on a newly created Web site, http://www.protectsmu.org, says that "as United Methodists, we believe that the linking of his presidency with a university bearing the Methodist name is utterly inappropriate."
"Methodists have a long history of social conscience, so questions about the conduct of this president are very concerning," said one of the petition's organizers, the Rev. Andrew J. Weaver of New York, who graduated from SMU's Perkins School of Theology.
Yoo & Wu Debate Net Neutrality:
There is a great paper just posted on SSRN (hat tip to Larry Solum, of course) that consists entirely of a bloggy debate between info/law profs Christopher Yoo and Tim Wu about network neutrality. A version of their exchange originally appeared last spring as part of the late, lamented Legal Affairs Debate Club (indeed, as the last installment). Hopefully by putting it up on SSRN, Yoo and Wu will reach a new audience, just as Congress starts to dig in to the difficult job of resuscitating the telecom bill and returning to this issue.
Yoo has set himself apart as one of the most thoughtful and consistent opponents of legislated limits on service providers’ discrimination among content. He suggests that we should instead look for “network diversity” and worries that forced equality among dramatically different applications with different needs (technical and otherwise) will stifle innovation. Wu has been a supporter of mandatory network neutrality, although a careful one who warns that it will be very important to get the precise definition of neutrality requirements exactly right. (My co-blogger Derek pointed out months ago that there is a similar challenge in defining the precise approach on a technical level.)
As with many issues that become politicized, a lot of the debate around net neutrality has gravitated toward competing horror stories. Proponents of regulation paint a picture of gargantuan ISPs like Comcast maintaining a stranglehold over the “last mile” conduit to our computers and favoring highly commercial content that pays for the privilege of loading fast — and consigning smaller or newer content providers to snail-like load speeds that effectively deprive them of an audience. The other side suggests that “regulating” the internet with network neutrality rules will discourage investment, freeze technology in place, and prevent exciting but bandwidth-intensive innovations such as interactive or otherwise enhanced video.
Yoo and Wu are much more thoughtful than that. Personally, I am more persuaded by Wu — especially because, as I have said before, even if competition for last mile service becomes robust (still an open question!), individual consumers are unlikely to have the necessary information to choose among network providers based on their different treatment of content. Rather than competition in a world of “network diversity” I fear lock-in of one set of favored content. But Wu (and Derek) are absolutely right that simply declaring, “No differential treatment of content!” is an unacceptably broad and simplistic solution.
This will be an interesting case to watch, albeit sad that something bad like this happened.
MySpace Sued by Victims' Parents:
News Corp. is sued by the families of four underage girls sexually abused by men they met on the social networking site. By the Associated Press.
The Press Republican - Plattsburgh, NY:
HUNTINGTON, W.Va. (AP) -- A giant bird's nest littered with dozens of cigarette butts is leading investigators to believe that a feathery firebug may have torched a Huntington office building.
Fire Capt. David Bias said a pigeon or another kind of bird may have carried a smoldering cigarette into the Ratcliff Place on Jan. 10. Either that, or the mere volume of decomposing material in the nearly 5-foot-wide nest found in a ceiling may have combusted.
It's just a theory at this point, Bias said, one that he's "taking a good bit of ribbing over."
"People are telling me we should have a pigeon lineup," he said Wednesday.
Actually, fire investigators haven't ruled out anything yet, Bias said. That won't happen until they receive lab results back on evidence sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Is anyone else concerned that our Attorney General, supposedly the top lawyer in the land, advocates the abolishment of checks and balances whenever anyone invokes the words "national security?" The man who is supposed to uphold the Constitution of the United States would be so quick to trash it for the convenience of the Executive Branch. How terribly sad.
Gonzales disparages judicial competence in national security matters:
[JURIST] US Attorney General Alberto Gonzales [official profile] used the occasion of a Wednesday speech [transcript] to the conservative American Enterprise Institute [website] on the perils of judicial activism to suggest that judges are not the appropriate agents to rule on national security issues, and that they should otherwise exercise extreme caution when declaring executive and legislative action as unconstitutional. Gonzales said:
I do not believe the Framers ever intended for the Judicial Branch – the Supreme Court or the lower courts – to make policy. It is worth recalling Hamilton's famous words, again from Federalist 78: "The Judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them." ...Gonzales' Justice Department has appealed [JURIST report] an August district court decision [PDF text] declaring the NSA domestic surveillance program unconstitutional [JURIST report] on the grounds that the program violates free speech and privacy rights. In October, the US Court of Appeals for the Sixth Circuit [official website] ruled [text, PDF; JURIST report] that the program could continue to operate pending the appeal process. AP has more.
Of course, if a law or an agency action is unconstitutional, then judges, consistent with their oaths of office, should not hesitate to strike it down or prohibit it. But courts should exercise extreme caution. Members of Congress and Executive Branch officials take an oath to uphold the Constitution just as judges do. Courts that rush to invoke the Constitution to strike down the actions of the other branches sell short the wisdom and the prerogatives of the legislature, the President, and the people. ...
A judge with life tenure who gives his own views on political and policy matters greater weight than the considered viewpoint of the elected representatives of the people, or who believes he alone knows what is the best policy, can make great mischief. The Framers understood this. Hamilton said, "It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature." ...
Activist judges – those who on a pretense substitute their own views for the will of the legislatures – can find some rationale to support any outcome they desire. They can find in legislative history some quote to support their viewpoint. They can find a footnote in an earlier decision, and extrapolate from that a new principle despite what the language of the law itself says. But in the end, distorting history or precedent to support a pre-determined outcome weakens the Judiciary, undermines the rule of law, and harms our democracy. ...
We want to determine whether he understands the inherent limits that make an unelected Judiciary inferior to Congress or the President in making policy judgments. That, for example, a judge will never be in the best position to know what is in the national security interests of our country. That a judge cannot hold hearings or conduct studies to understand all the possible implications of a policy decision.
Concorde Fans Hope For Legislative Support:
British fans of the Concorde are not giving up in the fight to restore one of the elegant birds to airworthy condition, and they are focusing on the London Olympics of 2012 as an event that deserves to be commemorated with a Concorde fly-by. Last week, they won some support in the British House of Commons when a bill was introduced that would promote the maintenance and preservation of "certain vehicles of cultural value." The legislation, if it passes, would authorize the restoration of a Concorde to airworthy condition for use on ceremonial occasions. Britain's Save Concorde Group is encouraged by support for new legislation.
Here we go again. Those who cling to outdated business models who will do just about anything to stop our fair use rights. Go Senator Sununu. BOO HISS Senators Alexander, Biden, Feinstein, and Graham.
Senators introduce bill to restrict Internet, cable, and satellite radio recording:
A new bill (S.256) introduced in the US Senate this week would force satellite, digital, and Internet radio providers (but not over-the-air radio) to implement measures designed to restrict the ability of listeners to record audio from the services. Called the "Platform Equality and Remedies for Rights Holders in Music Act" (PERFORM), the bill is sponsored by Sen. Lamar Alexander (R-TN), Joseph Biden (D-DE), Dianne Feinstein (D-CA), and Lindsey Graham (R-SC).
If the name of the bill sounds familiar, it should. The bill was originally introduced in April 2006 with the support of the RIAA. It died in committee, but the senators are hopeful that the bill will pass this time around.
Like its predecessor, the new legislation would require content protection on all satellite radio broadcasts along with cable and Internet broadcasts. Broadcasters would be required to "use reasonably available and economically reasonable technology to prevent music theft." But that's not bad for consumers, says Sen. Feinstein, who tells us that "consumers' current recording habits" will not be inhibited as they will still be allowed to record by time period or station. However, they would be prevented from automatically cherry-picking all the Shakira songs from the services.
The bill would also get the government into the business of price controls, with content providers required to pay a predetermined "fair market value" for the use of the music libraries. If another company decides to enter the unprofitable satellite radio market in the future, it too, would be forced to pay the same rates as XM Radio and Sirius.
The music industry's overexaggerated fears of piracy are driving the legislation, just as they did last year. "New radio services are allowing users to do more than simply listen to music. What was once a passive listening experience has turned into a forum where users can record, manipulate, collect and create personalized music libraries," said Sen. Feinstein. "As the modes of distribution change and the technologies change, so must our laws change."
Yesterday, Sen. John Sununu (R-NH) announced legislation that would prevent the FCC from creating exactly the same kind of technology mandates that the PERFORM Act would require. At the time, Sen. Sununu said that "misguided requirements distort the marketplace by forcing industry to adopt agency-blessed solutions rather than allow innovative and competitive approaches to develop."
The Consumer Electronics Association was quick to voice opposition to the PERFORM Act. "We are disappointed that this legislation, which faced vocal bipartisan opposition last year, has been reintroduced just as consumers are about to enjoy incredible innovation from new content devices launched at the 2007 International CES this week," Michael Pettricone, the CEA's senior vice president of government affairs, told Ars in a statement. "This bill has absolutely nothing to do with piracy, the Internet, or peer to peer redistribution. Instead, it would assault the freedom of consumers to use content they have lawfully acquired for private and noncommercial purposes in the privacy of their homes and vehicles. We will continue our effort to inform lawmakers of the dangers of this legislation to our digital economy and to long established principles of fair use."
Under the Audio Home Recording Act of 1992, consumers have the right to make noncommercial analog and digital copies of broadcasts. That would change if the PERFORM Act passes this time around, as the ability to record music for one's own personal use would be restricted, marking another erosion of consumers' fair use rights. Be sure to let your senators know how you feel about this legislation.
So, in order to be defended you should be one of the "worthy" who has not been labeled otherwise by our Fearless Leader. How ironic for someone to be charged under US laws yet not afforded protection of those same laws. Gotta love it.
US law deans 'appalled' by Stimson criticism of law firms for representing detainees:
[JURIST] More than 130 deans of US law schools [signatories list] signed a statement [text] released Monday expressing their dismay at comments [JURIST report] made last week by DOD Deputy Assistant Secretary for Detainee Affairs Charles "Cully" Stimson in a radio interview [recorded audio] critizing top US law firms for providing pro bono representation to Guantanamo detainees. "We," the deans wrote,
are appalled by the January 11, 2007 statement of Deputy Assistant Secretary of Defense Charles "Cully" Stimson, criticizing law firms for their pro bono representation of suspected terrorist detainees and encouraging corporate executives to force these law firms to choose between their pro bono and paying clients.The statement was drafted and circulated by Dean Harold Hongju Koh of Yale Law School and Dean Emily A. Spieler of Northeastern University School of Law.
As law deans and professors, we find Secretary Stimson’s statement to be contrary to basic tenets of American law. We teach our students that lawyers have a professional obligation to ensure that even the most despised and unpopular individuals and groups receive zealous and effective legal representation. Our American legal tradition has honored lawyers who, despite their personal beliefs, have zealously represented mass murderers, suspected terrorists, and Nazi marchers. At this moment in time, when our courts have endorsed the right of the Guantanamo detainees to be heard in courts of law, it is critical that qualified lawyers provide effective representation to these individuals. By doing so, these lawyers protect not only the rights of the detainees, but also our shared constitutional principles. In a free and democratic society, government officials should not encourage intimidation of or retaliation against lawyers who are fulfilling their pro bono obligations.
We urge the Administration promptly and unequivocally to repudiate Secretary Stimson’s remarks.
iPhone: Section 8's Day In The Sun:
Note to self: never submit a specimen of use I wouldn't want to see questioned on the editorial page of the Wall Street Journal.
A trademark owner has to submit a Section 8 affidavit in the sixth year of the registration term. The affidavit has to state that the owner is using the mark or is not using for good reason (as in, factory burned down).
It may also submit a Section 15 affidavit at that time, which states that the mark has been in continuous use for 5 years. A Section 15 is optional, but it brings important statutory benefits.
As indicated here previously, Cisco filed a Section 8 use affidavit but not a Section 15 affidavit, by the May 06 deadline, for its iPHONE registration. What appears to have occured is that the original iPhone product was taken off the market, use was interrupted, and resumed no later than the Dec 06 re-introduction. The technical issue would be: was Cisco making trademark use in May 06 when it filed the Section 8.
ZDNet took a look at the specimen for Cisco's Section 8 (detail pictured above - the full specimen is available through TDR at USPTO.GOV) and noted that it appears to consist of an iPhone sticker slapped on a box for a pre-existing product. It implies that Cisco fabricated the specimen, which allegation Cisco has addressed.
I emailed the author about errors in the article (including the assertion that Cisco needed to prove continuous use). I tried to make the point that it's not possible for an outside observer to come to any certain conclusion as to the validity of Cisco's filing. I did make the point that Cisco was ably represented when it filed, and it would have been crazy to fabricate use when (1) it knew Apple was watching; and (2) it could have claimed excusable non-use. My comments were included in this follow up ZDNet story (which article, in my view, muddies the issue in its use analysis. That Cisco didn't 'ship' a product until Dec. 06 is relevant to an analysis of the strength of Cisco's rights but not necessarily relevant to whether Cisco met technical user requirements in May 06).
A traditional view of trademark use is that the trademark user has to be able to take orders, but not necessarily fulfill orders, to satisfy trademark use requirements on a particular date. A classic example would be trademark use with regard to airplanes or oil tankers, where the order is placed years before the product is shipped. So given the expansive definition of use, it's hard for an outsider to come to a definitive conclusion as to Cisco's May 06 activities.
I thought that was that and didn't blog it.
Well, today's Wall St Journal editorial page contains a piece entitled "iFoodfight." It is an interesting essay that makes the point that litigation is the continuation of business by other means (and sort of implies that Apple is the moral favorite here). it also notes that:
"What's more, ZDNet, the online news service, examined the paper trail and finds that Cisco may have failed to meet a six-year deadline to show it was making use of the trademark. Cisco did submit something just before an additional six-month grace period ended, but -- according to ZDNet, which backs up its report with a photo -- the filing consisted of slapping an "iPhone" sticker on a box for its Linksys Cordless Internet Telephony Kit."
Well, if push comes to shove, then maybe someday Apple will put Cisco to strict proof and Cisco will have to explain the circumstances behind the specimen. Cisco did or did not satisfy Section 8 requirements. But in the short term, the ZDNet article, and the WSJ citation of it, creates an unfair inference. A sticker on a re-named box is not itself per se evidence of fraud.
Real note to self: don't submit an affidavit to the PTO that you aren't prepared to explain under cross.
Aside: There may be profound issues here regarding (1) the mainstream press reporting on technical legal issues and (2) lawyers speaking to the mainstream press about technical legal issues, but I will leave those for future posts.
Today we hear that 60 more civilians were killed in Iraq as an anti-American Shite cleric's band of loons blew up a university. 34,000 civilians were killed in Iraq in 2006. But wait, weren't the Shites supposed to be our friends? After all, Saddam was a Sunni and they must be the bad guys, right? Well gee, after we had the dumbed down version of events from our Fearless Leader, the evil Sunnis had to be stopped from terrorizing the innocent Shias. So wouldn't you think that these Shias would be ever so grateful to the US for saving their butts from oppression and welcome the US with open arms? Oh dear, something seems to have gone terribly wrong in our tidy little calculations, eh? Who ARE the good guys?
I guess I'm not the only one who is confused here. People have been fighting each other in the Middle East for thousands of years. It seems pretty arrogant to me for anyone to believe that any one group could magically appear and stop any of that, especially given the complexities of human emotion and the tendency for certain groups to be driven by revenge and the desire to kill as many of the "other side" as possible, regardless of who gets in the way. It seems pretty laughable to think that a group of armed Americans, hated as we are throughout the Muslim world, could sweep in, take out the ruler of a country, and everyone would suddenly find peace in their hearts and become a country of reformed Grinches. So regardless of who we determine to be the good guys, they hate us and aren't very likely to put flowers on our soldiers' graves. We are there merely to provide a few more targets along the way.
So now our fearless leader feels that the new answer is to add MORE armed Americans. Just a few didn't work, so let's add more to the equation. More guns, more Hum-Vees, more bullets, and of course, more targets. It's hard to believe the man really feels that more soldiers will actually do anything whatsoever to change a mindset of "us vs. them" that has permeated the region for so long. Undoubtedly, we are holding down the amount of violence as the many "sides" of this issue attempt to blow each other up. However, I think we are utterly fooling ourselves to believe that once we finally leave the area, those few little "good guys" that we trained are actually going to be able to accomplish anything close to what we know is peace. They can't even execute war criminals without taunting them or botching it so badly the guy's head comes off. But remember, these are the good guys.
Do I have an answer to this mess? I wish that I did. I'm inclined to view this as a civil war and internal to the country and let them fight it out amongst themselves. It's what they're going to do anyway. If the other groups in the area care about their fellow human beings, they will do something about it. Having it come from someone they don't already despise might actually bring forward a message that will get through. Perhaps some Saudi clerics who are well respected can do something about the Sunnis, and whomever is the equivalent on the Shia side can pacify the Shia. Let THEM step up to the plate and do something to keep their respective flocks from mutual genocide.
More ranting later.
Southwest actually tried very hard and this time succeeded in getting us home. We arrived at the airport quite early, and asked to be put on the standby list for the plane going out at 5:05. This was 4:50 when we did this. 5:00 they called us and said we were on the flight, which was wonderful and saved a lot of angst and grief.
Southwest was having systemwide problems because Houston had bad weather, making it tough for planes to get in and out of there, and most of the northeast was having ice storms. Most of their Manchester flights originate from Houston, except for a few from Tampa. Tampa's weather was good, so I had phoned many hours prior to ask whether we could be put on the 5:05 and was told to forget it, as it was full.
Apparently, all of the Manchester people going to BWI were so totally messed up in the ice that hoards of them cancelled their flights. Almost ALL flights to BWI were very delayed, and the gate people were scrambling to get us out as best they could. They packed about 25 standbys on our flight, which was fabulous since we all got home. My 6:40 flight actually left Manchester at 8:30, arriving at BWI at 9:40, which would have meant that Wes didn't get to bed until perhaps 11pm which would have made him very cranky indeed.
So, kudos to Southwest for a job well done. Kudos to Wes for being chauffeur. Kudos to Grunny for finally letting us visit. And all was well in the house of insanity.
As I sit here in my sister's house in Manchester, NH, I notice that it is grey, icy, and generally ugly. Our flight to BWI "may be cancelled, delayed, or diverted" due to the crappy weather, and Southwest's inability to get aircraft between wherever is currently covered with ice (large portions of the US) and MHT, which is becoming covered with ice. The child wishes to get home to go to school. We will have to see what the weather gods have in store for us, as the day progresses and we figure out whether or not Southwest will be capable of fulfilling our wishes.
We came up here to visit the family, some of which has been accomplished. We saw our parents, my sister and brother in law, and are gazing across the street at my grandmother's house. That's as far as we've been able to get to visiting her, since she didn't answer the phone yesterday, and she "hates visitors unannounced." She's quite the uh.... opinionated woman. 87 and acts 107. We will try again later in the morning so as not to awaken her.
So, here's the blog entry. Hope you are all well in this lovely winter weather.
My favorite author and philosopher of all time, Robert Anton Wilson, author of the Illuminatus!, Cosmic Trigger, and other wonderful books, left his body on the lovely binary date of 1/11/07 after a long battle with polio. His books, writings, and classes touched me deeply, helping me expand my thinking into places I hadn't previously been capable of going.
I will miss him so very very much.
Statement May Allow Gov't to Open Mail - Newsday.com:
WASHINGTON -- A signing statement attached to postal legislation by President Bush last month may have opened the way for the government to open mail without a warrant. The White House denies any change in policy.
The law requires government agents to get warrants to open first-class letters. But when he signed the postal reform act, Bush added a statement saying that his administration would construe that provision "in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances."
"The signing statement raises serious questions whether he is authorizing opening of mail contrary to the Constitution and to laws enacted by Congress," said Ann Beeson, an attorney with the American Civil Liberties Union. "What is the purpose of the signing statement if it isn't that?"
Beeson said the group is planning to file a request for information on how this exception will be used and to ask whether it has already been used to open mail.
White House Press Secretary Tony Snow said there was nothing new in the signing statement.
In his daily briefing Snow said: "All this is saying is that there are provisions at law for -- in exigent circumstances -- for such inspections. It has been thus. This is not a change in law, this is not new."
Postal Vice President Tom Day added: "As has been the long-standing practice, first-class mail is protected from unreasonable search and seizure when in postal custody. Nothing in the Postal Accountability and Enhancement Act changes this protection. The president is not exerting any new authority."
Sen. Susan Collins, R-Maine, who guided the measure through the Senate, called on Bush to clarify his intent.
The bill, Collins said, "does nothing to alter the protections of privacy and civil liberties provided by the Constitution and other federal laws."
"The Foreign Intelligence Surveillance Act of 1978 and our federal criminal rules require prior judicial approval before domestic sealed mail can be searched," she said.
Sen. Charles E. Schumer, D-N.Y., criticized Bush's action.
"Every American wants foolproof protection against terrorism. But history has shown it can and should be done within the confines of the Constitution. This last-minute, irregular and unauthorized reinterpretation of a duly passed law is the exact type of maneuver that voters so resoundingly rejected in November," Schumer said.
The ACLU's Beeson noted that there has been an exception allowing postal inspectors to open items they believe might contain a bomb.
"His signing statement uses language that's broader than that exception," she said, and noted that Bush used the phrase "exigent circumstances."
"The question is what does that mean and why has he suddenly put this in writing if this isn't a change in policy," she said.
In addition to suspecting a bomb or getting a warrant, postal officials are allowed by law to open letters that can't be delivered as addressed -- but only to determine if they can find a correct address or a return address.
Bush has issued at least 750 signing statements during his presidency, more than all other presidents combined, according to the American Bar Association.
Typically, presidents have used signing statements for such purposes as instructing executive agencies how to carry out new laws.
Bush's statements often reserve the right to revise, interpret or disregard laws on national security and constitutional grounds.
"That non-veto hamstrings Congress because Congress cannot respond to a signing statement," ABA President Michael Greco has said. The practice, he has added, "is harming the separation of powers."
The president's action was first reported by the New York Daily News.
The full signing statement said:
"The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e) of the act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection.
Little did I know what I was in for when that little egg hatched in the garage back in 1992. I already knew that cockatoos are loud, take a lot of work, and demand lots of attention. I was already aware of all of that, having dealt with cockatoos for years. I'm also aware of plucking issues, having had that beautiful little Shiro who plucked. But what I was NOT prepared for was the self mutilation that happens with some of these creatures.
C2 the crazy cockatoo, who had so much stimulation at InterCon always in someone's office, running up and down the hallways looking for people to climb on, etc. has not made a smooth transition to the more sedate life at home. We thought C2 was a boy, until last year when she started laying eggs. Also last year, around breeding season, C2 not only plucked her chest bare, but then began ripping a large disgusting hole in her chest that needed surgery to close.
This year it's become even worse. The bird has an E collar on to prevent her from picking, after the chest wound was again closed. However, now she's throwing temper tantrums where she throws herself onto the floor of the cage, and wraps her wings around the collar, twisting herself so that she rips up under her wings, leaving blood everywhere, and attacking everywhere as I'm trying to clean her up. This is truly quite scary.
So what does one do with a psychotic self mutilating cockatoo? Each "expert" you ask gives you at least one different opinion, sometimes more than one. The suggestions range from the logical to the surreal, and even the avian vets have completely different opinions. I am doing what my avian vet suggests, along with some other things that I consider logical, so now is the long "wait and see" in hopes that something works.
This type of illness is utterly frustrating as you watch a beloved pet continue to hurt herself for unknown reasons. Rushing a bleeding bird to the hospital on New Year's Eve when she'd just been there 2 weeks before is painful, especially with the bird screaming at the top of her lungs for the first 20 minutes (anyone who has heard a Moluccan scream would agree). You go from compassion to anger and back through sadness and frustration, being unable to understand why a creature that you do your best with, would be so upset as to self mutilate. This might be what some parents feel when their children have "gone wrong" despite best efforts.
So what are we doing to try to deal with C2 in hopes that she stops ripping gaping wounds in herself? Step 1 is a mechanical barrier, an E collar to try to keep her stapled chest closed for healing. The E collar has been modified with airline tubing around the rim covered with elastic stretch tape to make it more difficult for her to use to cut herself under the wings. Step 2 is to attempt to give the bird more mental stimulation. To that end I have ordered many puzzle toys that we can put treats in that she has to work to get out. As she is showing signs of being OCD, perhaps she will take her compulsion out on the toys rather than on herself. The vets also suggest rotating toys on a daily basis. That gets really strange, so I think I'll compromise and do as much as I can. I'll get new toys and change them out as often as possible. They also suggest putting small amounts of food in different bowls all over the cage so the bird has to "forage" to find them, covering the bowls with paper or something similar to give the bird something to punch through in order to get at the food. Her cage has also been moved out of the "bird room" with her amazon and macaw friends and put in the kitchen where it's a lot more "busy." We're also varying her food choices.
Step 3 is a bit more controversial. There's a lot of varying opinions regarding whether it is beneficial to begin drug therapy on birds. As with humans, there is a hit or miss aspect to choosing appropriate psycho active medication. The problem with birds, of course, is that they are SO tiny mass wise compared to us that it would be very easy to overdose and have toxic effects. Instead of medication, we're trying "Pluck No More" which is a homeopathic medication which means that it uses tiny amounts of substances that are meant to mimic the "bad" reactions of the body, only in miniscule amounts, similar to how vaccines work, and how allergy therapy works. The hope is that the body then reacts using its own natural defenses in order to reverse the bad reactions. There is quite a bit of controversy in the bird community regarding use of "Pluck no More" because some of the ingredients, over time, can be toxic. However, I feel that if this works, the effect of the compounds are far less than the detrimental effect of a psychotic cockatoo who needs constant surgeries to repair her. The dangers of anesthesia, parmacological interventions, severe injury from throwing herself on the floor, and loss of blood with possible infection are greater, to me, than the possibility of toxic effect from Pluck no More.
So we will see how this all works out. Kind happy thoughts for C2 are always appreciated, as are attempts to come visit the bird and entertain her. I'll keep you updated.