A Chinese writer posted a withering attack on Chinese corruption and environmental destruction, but disguised it as an attack on the US.

The ploy worked. Not only did it get past the censors, but it’s gone viral in China, gaining 44,000 retweets and 5400 comments.

We are a clever species. There’s always a way to communicate, no matter how hard the shoe of oppression squeezes down. I did some work on a WWII memoir written by a German civilian mom, and her focus was on the jokes ordinary Germans told to demonstrate their opposition to Hitler without getting killed or even in trouble (most of the time).

Wish some of MY articles would get 44,000 retweets! <wink>

 

Thanks to Daniel Lieberman, @damfino11, for passing the link.

Facebooktwitterpinterestlinkedinmail

An Oregon judge ruled that blogging is not protected as journalism under the state’s journalism shield law. If allowed to stand, this sets a truly terrible precedent.

Here’s what the law says:

No person connected with, employed by or engaged in any medium of communication to the public shall be required by … a judicial officer … to disclose, by subpoena or otherwise … [t]he source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public[.]

Notice—there is nothing here about working for a recognized mainstream media outlet. By my reading, a guy in a clown suit standing on a milk crate in the park and haranguing a crowd of random passers-by would not have to disclose sources.

Yet here’s what U.S. District Judge Marco A. Hernandez wrote:

. . . although defendant is a self-proclaimed “investigative blogger” and defines herself as “media,” the record fails to show that she is affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Thus, she is not entitled to the protections of the law

Hello! Since when does being a journalist require working for mainstream media? This country has a history of independent writers serving a journalistic role going back to those 18th-century “bloggers” Tom Paine and Ben Franklin—those guys didn’t write for the London Times, but started their own publications. Are you going to tell me that Daily Kos, Huffington Post, RedState, Drudge Report, Washington Spectator, and even the legendary I.F. Stone’s Weekly of the 1950s and 1960s have no place in the world of journalism? That the thousands of indy-media-istas who attend the National Conference for Media Reform are spitting in the wind?

And meanwhile, investigative blogger Crystal Cox is facing a $2.5 million judgment because she would not disclose her sources. Out-bloody-rageous!

Shame on you, Judge Hernandez!

Abraham Lincoln said, “It is a sin to be silent when it is your duty to protest.” I am protesting. And I hope voices with more clout than mine, such as FreePress.net, the National Writers Union, Authors Guild, American Civil Liberties Union (ACLU), People for the American Way, National Coalition Against Censorship, and opinion journalists working for mainstream media (like Rachel Maddow) jump in and protest as well—with amicus briefs filed for the appeal.

 

Kris Miller Law is a respected and trusted  criminal defense attorney ready to help you with your legal needs.

Facebooktwitterpinterestlinkedinmail

There’s dumb, and there’s dumber, and then there’s really dumb.

Sometimes, it takes an advanced degree to be really dumb. Like the lawyers who work for the fast-food chain Chick-fil-A. In their infinite wisdom, these lawyers apparently decided they own the phrase “eat more,” and went after EatMoreKale.com for trademark infringement.

Sorry, but this doesn’t wash. Coupling the words “eat” and “more” predates Chick-fil-A, I’m guessing, by about 1000 years. Chick-fil-A also deliberately misspells its slogan, which is actually appropriate for trademarking, because trademark law rewards unique spelling (yeah, trademark law is one reason for the dumbing down of our whole culture—but that’s a post for another day). Since its actual slogan is “EAT MOR CHIKIN,” the company might have a claim for “eat” followed by “mor” without the e at the end, all in caps.

But NOBODY except a very dumb lawyer can possibly confuse three cows on a white background, each holding a word of the thin, handlettered-looking misspelled Chick-fil-A slogan, with the thick black letters, bright green circle, and black background of EatMoreKale.com—any more than they’d confuse eating fast-food factory meat with kale.

Is it any wonder that people make so many lawyer jokes? Can somebody please tell the Chick-fil-A lawyers to get a life?

Facebooktwitterpinterestlinkedinmail

For more than 30 years, one of the arguments I’ve made against nuclear power is the chilling effect on our freedom.

Now, it seems that Japan may have passed a law heading down that slippery slope. Or not—I am not so far convinced that the claims are accurate.

A blogger for the UK Progressive put up a rambling, jumbled article claiming that Japan has passed a law giving sweeping powers to shut down bloggers, people who post videos on Youtube, etc. when they’re critical of the government and/or TEPCO.

I did a bit of Googling and found dozens of other blogs basing their story on that same article, which I consider unreliable. But I did find this in the Tokyo Times, which seems to be a genuine news organization that fact-checks and posts corrections. The Tokyo Times article says the Computer Network Monitoring Law was passed on June 17.

It also says that during March and April, even before the law was passed, government agents sent 41

“letters of request” to internet providers, telecom companies, cable TV stations and others to take measures in order to respond to illegal information, including erasing any information from the Internet that can be seen as harmful to morality and public order.

However, this article links back to coverage in the Examiner which again ties back to the original, untrustworthy blog post. I certainly am not going to pore over all 6000 citations to see whether this story is legitimate. But it’s certainly worth keeping an eye on.

Facebooktwitterpinterestlinkedinmail

In this Web 2.0 Age of Transparency, being stupid about being criticized is, well, more stupid than it used to be. Word gets around. Fast.

A Seattle organization called Reel Grrls, which teaches teens how to become filmmakers, criticized the revolving-door hiring by Comcast of FCC Commissioner Meredith Attwell Baker. (Lots of other people raised a public eyebrow on this one.)

In a truly idiotic move, Comcast then announced it was yanking $18,000 it had planned to fund Real Grrls’ summer camp to teach filmmaking, editing and screenwriting. Then, when the media got hold of the story and the public squawked, Comcast recanted and said the fund withdrawal was unauthorized.

But then Real Grrls said it didn’t want the money if there were going to be issues about corporate censorship. They’re using Web 2.0 channels, including a fundraising blast from media watchdog FreePress.net, to raise the money from outside  the corporate world.

With 42,600 Google search results for “reel grrls” comcast as of Monday when I’m actually writing this, Comcast’s PR is clearly taking a hit.One it could have avoided completely by not doing something stupid.

Want to help? Here’s the link to donate.

Facebooktwitterpinterestlinkedinmail

I just came across an article announcing that ICANN is going to be allowing domains to register with the suffix xxx—a “red light district” in cyberspace.

What do you think of this?

On my end, I’m all for it. As someone who has to balance a huge commitment to free speech with a personal disgust for in-your-face porn, I think this is great:

  • Get the pornographers OUT of the dotcom space where people hit them by accident (and maybe, just maybe, OUT of my e-mail inbox, where I really do NOT appreciate them)
  • Make it harder for minors to get in
  • Monetize only on the backs of those who voluntarily choose to subsidize this industry
  • Maybe stop hijacking visitors to non-xxx sites who really don’t want to see this crap?

I really can’t think of a down-side. Can you?

Facebooktwitterpinterestlinkedinmail

It is now illegal in france to hide your face in a public place—a clear assault on very religious Muslims. Freedom of religion often involves particular manners of dress or hair, and prohibiting them is an act of bigotry. (There is one good thing in the law that I do support: it is now illegal to force someone else to veil herself).

The solution to religious fundamentalism is not religious bigotry. Would there be a protest about banning yarmulkas (the skullcaps Orthodox Jews wear) or crucifix necklaces?

I hope some non-Muslim French citizens organize massive solidarity actions with hundreds or thousands wearing a veil in public—kind of like the King of Denmark donning a yellow star during the Nazi occupation.

Facebooktwitterpinterestlinkedinmail

TorrentFreak reports that the US Department of Homeland Security did a little sting on child pornography websites–but in addition to the 10 actual perpetrators they shut down, they managed to shut down 84,000 sites that were completely innocent! They all happened to use the same free webhost.

I have never been an advocate of free webhosts, and one of the many reasons I’ve often cited is that spammers, etc. can contaminate a server and bring you down on a blacklist. But even I never imagined that sites would greet visitors witha very official-looking graphic bearing this text:

Advertisement, distribution, transportation, receipt, and possession of child pornography constitute federal crimes that carry penalties for first time offenders of up to 30 years in federal prison, a $250,000 fine, forfeiture and restitution.

I’m also a long-time advocate of open Internet. We’ve seen in countries from Egypt to Iran to China what happens when governments interfere with Internet access, and how shutting the Internet has been used to protect totalitarianism.

Mind you, I’m not saying the US government is totalitarian, but it certainly overreached this time (and not the first time, by a long shot). If you haven’t yet signed Free Press’s petition against the “Internet kill switch,” I suggest you go there right now and add your name.

(Thanks to Michelle Shaeffer for alerting me to this.)

Shel Horowitz’s latest book is Guerrilla Marketing Goes Green: Winning Strategies to Improve Your Profits and Your Planet (co-authored with Jay Conrad Levinson)

Facebooktwitterpinterestlinkedinmail

Today marks the 47th anniversary of the March on Washington, and of Martin Luther King’s “I Have a Dream” speech. Right-wing extremists Glenn Beck and Sarah Palin will dishonor King’s memory by having a rally on the same site, opposed to all the values King held dear.

I’m okay with that, actually. I’d never go, other than to hold a counterprotest sign—but I believe strongly in the 1st Amendment rights of freedom of speech and freedom of assembly. As did King, by the way.

I think Beck and Palin are despicable. I also think they have every right to hold their gathering of the lunatic fringe. And I’m aware that I’ve taken plenty of stands over my career for which others would paint me as “lunatic fringe.” Some of them are now mainstream, such as aiming for zero waste, repurposing rooftop space into food and energy collectors, and getting the heck off fossil and nuclear power sources—but they sure weren’t 30 or 40 years ago. I would not have granted then, and don’t grant now, the right of others to tell me how to think, and I don’t claim that same privilege against others whom I disagree with. The right to try to convince them, certainly—but NEVER to dictate what is or is not acceptable thought.

I remember holding a lone protest in front of the local courthouse when the U.S. bombed Lybia. The first day, I got a lot of middle fingers and angry shouts. By the second day, a few people had joined me. On the third day, with a larger crowd, we were getting mostly thumbs ups and supportive honks. It was hard, on that first day. But I remembered my favorite Abraham Lincoln quote, “It is a sin to be silent when it is your duty to protest.” Taking an unpopular position didn’t take the burden off me to take a stand.

And some of my positions are still out of the mainstream—so far. One such is that a Muslim group has every right to practice that other First Amendment right, freedom of worship—even two blocks from Ground Zero. As Keith Olbermann pointed out recently, there’s already been an Islamic center coexisting in that neighborhood since before the World Trade Center was even built. But even if there weren’t, this country was founded on the principle that people can peaceably assemble, worship the God of our choice (or no God, if we choose), and say what we want to say even if it makes others unhappy. That’s what made us the shining light of Democracy for the world, the example that so many other nations wanted to follow. Those are American values that I hold dear. And I predict that they will once again return to the mainstream of an America that seems to have forgotten its proud heritage.

It means the right to build an Islamic Center—a gathering place for peaceful worship and community activities—on an abandoned site a few blocks from Ground Zero, and it means that Beck and Palin are appropriately permitted for their disgusting festival of intolerance. The appropriate reaction is boycott or counterprotest, not an attempt to silence those we disagree with.

Facebooktwitterpinterestlinkedinmail

Came across this article, “Why Are The Feds Banning E-Readers?” by Pat Archbold, on National Catholic Register:

Sometimes the federal government does something so laughably moronic, that one has to stop and ask the question “Are they really that dumb or is something else going on?”

Here is the setup. Recently a number of universities around the country decided to take a look at using some modern technology in the classroom in an effort to save money. These universities took part in an experimental program to allow students to use the Amazon Kindle for textbooks. As you know, many people now use e-readers like the Kindle or the Nook as a replacement for traditional printed books. There are many reasons for this including cost, environmental impact, and convenience. Further, anyone who has gone to college understands the high cost of textbooks and would likely support any way to reduce this large expense.

Here is the pathetic punchline. For conducting this experiment with the Kindle, Obama’s Department of Justice threatened legal action against the universities. The ridiculous contention of the Obama administration is that the Kindle and e-readers violate the Americans With Disabilities Act. Why? Because the blind can’t easily use them.

Now the first thing that would pop into the minds of anybody with a third grade education and that does not work for the government is this simple question. If e-readers discriminate against the blind, do not traditional textbooks discriminate equally? The obvious answer is yes.

The obvious solution, in my mind, is to require the universities to offer a suitable alternative for blind and visually impaired users—NOT to prohibit the devices entirely. E-book texts are easily converted to voice, so the only issue is giving those who don’t see a way to navigate into the right e-book.

But his article, and the comments it drew, amazed me with their various “evil conspiracy” theories. Yes, there were some that argued rationally about the legitimate difficulties blind users have with these devices (and pointing out that they have much more difficulty with a printed book). But there were also a number of comments speculating that this is a way for the Obama administration to control dissent and silence conservative voices.

My question to them: what have you been smoking?

Here’s Archbold:

I posit another and perhaps more nefarious reason. I think that the federal government is adamantly opposed to the use of e-readers as an alternative to textbooks for fear of loss of control. This loss of control is not so much at the university level but at much younger levels. The universities just happened to be the first ones to try.

Here’s one of the comments, from “Frank”:

A great deal of control over curriculum nationwide is exerted through textbook control. Education is critical to progressives. Remember, those who control education, control the culture. (Now , think of Obama’s childhood development, i.e. Indonesian grade school;, contact with Frank Mitchell Davis during high school years;, professors at Occidental College and Columbia University;, Alinsky acolytes in Chicago; social/political training in Hyde Park, Chicago South Side; Chicago political cauldron. Put it all together, what else can you expect but what we have experienced since January 20, 2009?)

To me, the ruling that e-readers are out of compliance with ADA—and I speak as a disability advocate who served on my city’s official Disability Awareness committee for six years—is nothing more than the typical heavy-handed over-response of large government entities. No malfeasance, just bureaucratic inability to see past a one-size-fits-all solution. It’s the same mentality that, here in Massachusetts under Massachusetts General Law Chapter 40B, allows developers to ram through inappropriate and out-of-character housing projects that violate local zoning, in the name of increasing the ratio of affordable housing. Affordable housing is a worthy goal, and I spent about ten years doing a lot of volunteer work to address that issue—but 40B is a cannon shot fired against a mosquito: the wrong tool, with lots of unintended and undesirable consequences.

The same mentality that thinks every road improvement—even our local bikeway—has to include over-widening, over-straightening, and often removing trees, stone walls, and other vital features.

Big governments are slow and clumsy creatures with limited intelligence, even when they’re headed by very smart people. Over time, we as a society will realize that conditions vary in different locations, and one size really fits no one at all, only breeds resentment.

Progressives can make common cause with the Right on this issue: local control is the preferred alternative whenever practical.

Facebooktwitterpinterestlinkedinmail