SESTA clears Senate committee, and Congress seems serious about stopping trafficking, even if it requires sacrifices from Internet users — and it seems superluous

Electronic Frontier Foundation has reported that the Senate Commerce Committee has approved a version of SESTA, the Stop Enabling Sex Traffickers Act, S. 1693.  Elliot Harmon’s article calls it “still an awful bill”.   Harmon goes into the feasibility of using automated filters to detect trafficking-related material, which very large companies like Google and Facebook might be half-way OK with. We saw this debate on the COPA trial, about filtering, more than a decade ago (I attended one day of that trial in Philadelphia in October 2006). No doubt, automated filtering would cause a lot of false positives and implicit self-censoring.

Apparently the bill contains or uses a “manager’s amendment”  (text) floated by John Thune (R-SD) which tries to deal with the degree of knowledge that a platform may have about its users.  The theory seems to be that it is easy to recognize the intentions of customers of Backpage but not of a shared hosting service. Sophia Cope criticizes the amendment here.

Elliot Harmon also writes that the Internet Association (which represents large companies like Google) has given some lukewarm support to modified versions of SESTA, which would not affect large companies as much as small startups that want user-generated content   It’s important to note that SESTA (and a related House bill) could make it harder for victims of trafficking to discuss what happened to them online, an unintended consequence, perhaps.  Some observers have said that the law regarding sex trafficking should be patterned after child pornography (where the law seems to work without too much interference of users) and that the law is already “there” now.

But “” has published a historical summary by Cindy Cohn and Jamie Williams that traces the history of Section 230 all the way back to a possibly libelous item in an AOL message board regarding Oklahoma City (the Zeran case).  Then others wanted to punish Craigslist and other sites for allowing users to post ads that were discriminatory in a Civil Rights sense. The law need to recognize the difference between a publisher and a distributor (and a simple utility, like a telecom company, which can migrate us toward the network neutrality debate).   Facebook and Twitter are arguably a lot more involved with what their users do than are shared hosting sites like BlueHost and Verio, an observation that seems to get overlooked.   It’s interesting that some observers think this puts Wikipedia at particular risk.

I don’t have much an issue with my blogs, because the volume of comments I get is small (thanks to the diversion by Facebook) these days compared to 8 years ago.  When I accept a guest post, I should add that Section 230 would not protect me, since I really have become the “publisher” so if a guest post is controversial, I tend to fact-check some of the content (especially accusations of crimes) myself online.

I’d also say that a recent story by Mitch Stoltz about Sci-Hub, relating to the Open Access debate which, for example. Jack Andraka has stimulated in some of his Ted Talks, gets to be relevant (in the sense that DMCA Safe Harbor is the analogy to Section 230 in the copyright law world). A federal court in Virginia ruled against Sci-Hub (Alexandra Elbakyan) recently after a complaint by a particular science journal, the American Chemical Society  But it also put intermediaries (ranging from hosting companies to search engines) at unpredictable risk if they support “open access” sites like this. The case also runs some risk of conflating copyright issues with trademark, but that’s a bit peripheral to discussing 230 itself.

Again, I think we have a major break in our society over the value of personalized free speech (outside of the control of organizational hierarchy and aggregate partisan or identity politics).  It’s particularly discouraging when you look at reports of surveys at campuses where students seem to believe that safe places are more important than open debate, and that some things should not be discussed openly (especially involving “oppressed” minorities) because debating them implies that the issues are not settled and that societal protections could be taken away again by future political changes (Trump doesn’t help). We’ve noted here a lot of the other issues besides defamation, privacy and copyright; they include bullying, stalking, hate speech, terror recruiting, fake news, and even manipulation of elections (am issue we already had an earlier run-in about in the mid 2000s over campaign finance reform, well before Russia and Trump and even Facebook). So it’s understandable that many people, maybe used to tribal values and culture, could view user-generated content as a gratuitous luxury for some (the more privileged like me) that diverts attention from remedying inequality and protecting minorities.  Many people think everyone should operate only by participating in organized social structures run top-down, but that throws us back, at least slouching toward authoritarianism (Trump is the obvious example). That is how societies like Russia, China, and say Singapore see things (let alone the world of radical Islam, or the hyper-communism of North Korea).

The permissive climate for user-generated content that has evolved, almost by default, since the late 1990s, seems to presume individuals can speak and act on their own, without too much concern about their group affiliations.  That idea from Ayn Rand doesn’t seem to represent how real people express themselves in social media, so a lot of us (like me) seem to be preaching to our own choirs, and not “caring” personally about people out of our own “cognitive”  circles.  We have our own kind of tribalism.

(Posted: Wednesday, Nov. 15, 2017 at 2 PM EST)


Controversies over electronics on plane still continue and need a real solution


A recent incident at the Orlando airport underscores the nervousness these days of the security implications of personal electronics.

Apparently a camera containing a lithium battery exploded, causing tremendous confusion and disruption as explain in this Orlando television station report.

This was not a laptop, tablet or smartphone.  But there have been issues in the past with specific items, including some Samsung smart phones and some hoverboards.  In some devices it seems even a battery not plugged in has caught fire.

Laptops have not have many incidents; however some time this year high school students watched a 2006 laptop blow up in their California home.

Contrast this with the controversy last spring with the temporary bans of in-cabin electronics from airports in various countries, on the theory that terrorists could devise plastic explosives that could be hidden from security, as this story by Jack Stewart in Wired had explained.

According to the LA Times, the TSA implemented a new rule requiring screening of all laptops and similar electronics.  It’s not clear if this applies to Known Travelers, who presumably are trustworthy users of consumer electronics in the normal and lawful manner.  A July 2017 memo from the TSA suggests that TSAPrev travelers are exempt (also see this).

But as I noted in May, the TSA (and similar security in all other countries) has to face a basic policy reality.  There are some incidents of very low probability that are impossible to prevent with absolute certainty. It’s almost a quantum thing.  Laptops on flights were not controversial until this year. I’ve flown with them for twenty years.  But more modern lithium batteries have at least a theoretical risk due to the fact that lithium is fairly reactive.  Remember the high school chemistry experiment of putting sodium into water?  (There has been at least one injury in the past few years from that demonstration.)

As I wrote in May, we need to solve the problem of the best approach to electronics and travel.  Could non-lithium batteries be used again and improved?   Could a safer ground rental system be developed, if some day it was no longer practical for people to take their own electronics?  (You don’t have to take your data if it’s in the Cloud, hopefully.)  There would seem room in the blogosphere for advice on how to travel with gear and make sure it works when you get there — along the lines of “Blogtyrant’s” ideas on how to help readers with content (to the point that readers actually welcome emails).

We need to keep an eye on this problem.

(Posted: Tuesday, Nov. 14, 2017 at 12 Noon EST)

Update: Nov 15

Here is TSA’s own blog post on passenger options if an item is not allowed on a plane or in checked luggage.

Here is the FAA’s current policy on batteries in equipment brought into planes, pdf.  Here is an explanation of watt-hours for a battery.  The FAA sheet would imply passengers should know the watt-hours of their batteries that aren’t always published but are printed on the batteries themselves (since 2011).  They should normally be less than 100.

(Video on battery access)

A quick visit to a near Best Buy and discussion with a  tech verified that Apple typically makes battery info details available to consumers as an app, but most PC-style laptops based on Windows or other ops do not. A policy solution to the safety problem discussed here could include making the info available to the user on a firmware app.  Many modern laptops (like the ASUS) require considerable effort and practice (and Philips screwdrivers) to open properly to see and exchange the batteries.

Update: Nov. 16

It still seems that checkpoint-friendly bags (USA Today story) for laptops are recommended, and they must not have extra compartments or buckles.  Yet, relatively few of them at a local Best Buy store were compliant.  Retailers don’t seem to have a lot of knowledge about this.

Airports seem to be encouraging electronics, with modern docking stations in secure areas, and restaurants (in secure areas also) with order menus on iPads.

CNN columnist compares user-generated content to conventional media and warns amateurs on freedom of the press

Brian Stelter offers a very constructive op-ed on CNN today , “Whose Freedom Is It?” in a series, “Free Press: What’s at Stake”.

Stelter takes the practical position (as have I) that many social media users and bloggers have become quasi-establishment journalists, supplementing the major media, and helping with “keeping them honest”, as Anderson Cooper often says.  So amateurs need to take fact-checking seriously.

This freedom may well be undermined by a number of concerns explored here recently. These include erosion of downstream liability protections for service providers (the Backpage-Section 230 problem), increasing legal exposure to “amateur” journalists for certain kinds of hyperlinks and embeds, the fake news scandals of the past year (really, the observation that “average joe” social media users tend to follow tribal crowds rather than read critically), and particularly the ease with which teens and young adults seem to be recruited into violence, which includes but is by no means limited to radical Islam and gang activity.  As I’ve noted here before, these kinds of concerns can make amateur journalism seem “gratuitous” (e.g unnecessary and capable of being shut down) although Trump seems much more concerned about the establishment (Fourth Estate) press than the newbies (Fifth Estate).

But you have to take seriously he demands made on social media platform and search engines to “pre-censor” user ouput.

Consider this article by Karl McDonald, “The Daily Mail Fundamentally Understands What Google Is”    Search engines are particularly having to deal with “the right to be forgotten” outside the US (as well as “digital laundry”).

Speakers on the Internet benefit in different ways from search engines, social media sites (some like Facebook create more opportunity for permanent “publication” than do others, like Snapchat), and shared or dedicated third-party hosting for conventional or blog sites; these providers also usually provide domain name registration. Users  also benefit from security services like Cloudflare and SiteLock.   Generally, social media sites are taking more “responsibility” for certain kinds of damaging speech (hate speech, bullying, or terror recruiting) than are neutral site hosts.   However, after the Daily Stormer matter (post Charlottesville), a few hosts participated in kicking off at least one neo-Nazi site from domain registration.

The “Mediator” Jim Rutenberg wrote a piece “Terrorism Is Faster than Twitter” Nov. 5 in which he traces how NYC bicycle lane terrorist Sayfullo Saipov followed terror recipes exactly, and tries to explain where he found them.  There are supporting details in a Nov. 2 story by Rukmin Callimachi   There is reference to the magazine Rumiyah (related to Dabiq).  A web operation called “Site Intel Group” tries to trace how this material is distributed on the web.  Much of it moves to the Dark Web or P2P.  Generally, it appears that material from these groups disappears quickly from better known social media and from conventionally hosted sites and moves around on offshore providers a lot.  There are articles on the Internet Archive (“WayBack”) which require specific logon (rather uncommon for less controversial material). In general, it does not appear that the sort of material that the Boston Marathon or other domestic “lone wolf” or small cell terrorists tried to use came from the more conventionally accessed and indexed parts of the Web.  Most of it seems pretty underground (after initial recruitment) with various encrypted apps.  We’re left to ponder what is making some of these young men (and sometimes women) tick, and have to face that modern civilization, with its individualized hypercompetitiveness, seems to offer them only failure and shame.

(Posted: Sunday, November 12, 2017 at 6:45 PM EST)


Humans belong to groups (more the way dogs do, than cats); the paradox of distributed consciousness and mandatory competition

Okay, one of the moral imperatives I get bombarded with is to join a cause larger than myself.

And, I can’t claim to be part of Tom Brokaw’s Greatest Generation (but neither can many young adults in the not so wild West today).

In fact, as an “unbalanced personality” in the world of the Paul Rosenfels Community (or the Ninth Street Center of the 1970s through 1991) it’s very important to me to follow goals that I choose and develop myself.

That’s one reason why I don’t sign up to brand myself with “other people’s causes” or to enter contests, say selling pies for Food and Friends (instead I buy more than one and use the extras for potlucks).

And I could say I wish I had accomplished more in my life in individual sport – chess, which deteriorated for me somewhat once I became a self-published author and blogger.  (I do admire Magnus Carlsen, but so does Donald Trump, from what I hear.)   In chess, only your own mistakes can beat you.  Giving away the opposition in an endgame isn’t the same thing as hanging a slider as a MLB pitcher.

But, we always belong to something (as Martin Fowler maintained in his 2014 book (“You Always Belonged and You Always Will: A Philosophy of Belonging”).  Some of these we don’t have a lot of choice about.  For example the family you are born into, or religion, or nationality, or tribe.

As we become adults we hopefully make progress in choosing our own connections, but we often find that once we do, we need to respect to “social hierarchy” of our new allegiances, however benevolent their intentions at the outset. That’s often hard for me to accept.

But “groups” serve a purpose.  They give individuals support and backup, so they don’t remain accidents waiting to happen. (Marriage does that, of course, which is one reason, as Jonathan Rauch argued in the 1990s, gay marriage became important to LGBTQ people.)  And they give us purposes larger than ourselves.  But, these purposes come at the partial cost of loss of some independence in fine tuning our own beliefs or over-analyzing the logical inconsistences in positions taken by groups to benefit their members.  An expectation that singleton individuals with some privilege (like me) will report to some sort of structured community engagement might be viewed as a major “eusocial” tool against inequality.

In practice, individuals share some of the moral responsibility and consequences, sometimes very personally, of the actions of the groups to which they belong, whether by complete free will or not.

Yet, individuals seem to find some relief in the prospect of a little “distributed consciousness”.  We know this happens in other animals (even dolphins), although the modern idea of IIT or “integrated information theory” may make this hard to see.

Before (like on June 6), I’ve noted that, in the larger space-time sense of modern physics and string theory, after passing of an individual’s life, the information set produced by that life still exists indefinitely.  Is that the basis for a “soul”?  But if there is some sort of distributed consciousness at the group level (even family lineage), does it have access to this information set?

Music may provide a clue to “cosmic consciousness”, more so than visual art (even images of danganonpa dolls) because it requires the brain to span time.  Music seems to provide an alternative outlet for the “emotional body” when it engages the brain in its own logical progressions, from Back to Beethoven to the romantics and moderns.  The controversy over how to end Bruckner’s Ninth Symphony (which of two competing concepts did Bruckner intend for his coda for all his composition?) seems to engage the heart as well as mind.  What, then, to make of the group experience in music like, say, hip-hop on the disco floor, or songs of praise in church, particularly singing the same verse in unison over and over again to get some sort of religious experience.  There are other ways to caste the experience of sound and music, like hemi-sync at the Monroe Institute, which I have not really experienced yet.

There’s one other ancillary point here:  the Paradox of Involuntary Competition. That is, once you join a group, you compete with others in the group for status, even if your purpose was “functionably” communal (Nov. 6)    That could lead the powers-that-be in a group to want to keep it small and exclusive (like those “closed talk groups” at the Ninth Street Center in the 1970s, an interview for which led to a major personal confrontation in October 1974, so shortly soon after I had moved into the Village).  But it’s just as often that the leadership wants the group to be so valuable that everyone else must try to get in and play – the whole “no spectators” problem like in the movie “Rebirth”).  That ultimately can compare to the model particularly for left-wing authoritarianism. There’s a curious analogy to the problems I had in the dorms at William and Mary that fall of 1961. I would have thought at other boys – most of all my roommate – would be relieved that I wouldn’t provide any romantic competition for girl friends .  That general expectation may have been diluted by the fact that at the time the male student body was about twice the female. But the real point was that the less secure boys (about their own “maleness” which does not always equate to masculinity, even in the eyes of Milo Yiannopoulos) wanted me to provide the reassurance that there really is someone (female, of the opposite sex) for everyone, that everyone can have a family linage and live forever however vicariously.

(Posted: Wednesday, November 8, 2017 at 9:30 PM EDT)

Scathing government report contradicts Trump on climate change, but that starts a whole discussion on media responsibility

Friday November 3, 2017 the USGCRP issued a scathing report (“Highlights of the Findings of the U.S. Global Change Research Program Climate Science Special Report“)  analyzing the runaway train effect of global climate change, and pinning the “blame” on human activities since the industrial revolution.  Of course, this publication goes against everything that Donald Trump has said to mollify his own base.

Vox has a detailed commentary by Umair Irfan, pretty standard for mainstream and progressive media companies.

And this brings me to my next big point. The mainstream media has done a pretty good job of presenting the case that we need to take climate change very seriously, particularly if we take our responsibility to future (unconceived as well as unborn) generations as a moral issue (Point 5 of “DADT IV”)

Trump has played the denial game to his base with shocking effect, most of all when he announced June 1 that he was pulling out of the Paris accords on the day I was looking at the recovery from wildfires in Shenandoah.

The more mainstream conservative media (Fox, OANN) have demurred a bit but still covered the bases.  Yet, we aren’t to the point that there is a bipartisan political will to face the problem with federal action, but there is obviously a lot incentive in private American hands.

On other issues that I view as “hidden in plain sight”, I could say that the major media have covered issues of fiscal sustainability (social security, population demographics, debt ceiling) with some consistency but again without the result of a political will to face the issue squarely, partly because the demographic component (longer life spans, fewer kids) seems so intractable.

So I come to the starkest issues that give me an incentive to “stay in the game” as a blogger.  Notable, it’s hard for me to “join the movement” for an “oppressed group” when I think there are big issues that could blow our entire civilization (and make my whole life’s Akashic record pretty irrelevant and forgettable). And the biggest of these is the stability of the three major US power grids.

Part of the controversy concerns whether there really exist relatively inexpensive fixes (like neutral ground circuits) that (for maybe $10 or so per American, that is, a few billion dollars) make the grid far more resistant to terrorist or enemy attacks (especially E3 level) as well as to big “Carrington” solar storms. I’ve read that utilities in Virginia and Maine in particular have a head start on this issue.

Another part of the controversy really concerns the likelihood that an enemy (most recently in view, North Korea, as well as radical Islam) could credibly carry out an EMP attack (which doesn’t necessarily have to be nuclear) instead of a conventional thermonuclear strike. Again, the mainstream press has demurred on this somewhat.

So part of my own personal mission is to try to encourage the mainstream press, maybe starting with some of the more conservative news companies (Fox, OANN, Sinclair – which has reported on this as reported on this blog already) to give the public an objective assessment on the problem.  Yes, I’m ready to get on planes and go interview people.

There are other problems that need this kind of approach.  One is filial responsibility laws, part of the whole population demographics problem mentioned above.  Another is, of course, the threats to our permissive atmosphere of user generated content on the web – ranging from Section 230 (the Backpage controversy) to fake news and enemy (especially by ISIS) recruitment, as just reported last night on AB 20-20 on a scathing report by Diane Sawyer (“ISIS in America”).

I have a particular take on the whole Russia fake-news and social media trolling thing. I have long been personally concerned that foreign enemies could target individual people (and those connected to these people, like family or business associates), such as what we saw from North Korea at the end of 2014 with the Sony Pictures hack.   What I did not see was that enemies would try to goad “oppressed minorities” (BLM) or reactionaries to these minorities (less educated white males connecting back to white supremacist groups) into forming movements and fighting each other internally.

Diane Sawyer’s report (just mentioned) makes the good point that the asymmetry of the Internet (and user-generated content) makes young men who feel “powerless” or “left behind” individually dangerous in a way we haven’t seen before.  That is part of the old inequality paradox: you need to accept inequality and ego to have innovation that benefits everyone, but then people need to somehow “pay their dues” or you get instability (the “Epilogue” or Chapter 6 of my DADT III book in 2014).

I write all this today by using other funds (some inherited, but mostly my own) to support my own news commentary activities.  At some point, I need to partner up with someone to tackle some of the bigger problems I mentioned here (no, I really want to do better things with my life than scream in demonstrations for mass movements, but even my saying that is provocative). It’s true I am a globalist and somewhat “elitist’ but I call myself conservative (but in the libertarian sense, not Trump-ian). But I wanted to note that billionaire Joe Ricketts just shut down some local news sites he owns because they couldn’t pay their own way.  His own WordPress blog post on unionization is interesting.

(Posted: Saturday, November 4, 2017 at 1 PM EDT)

Update: Friday, Nov. 10 (12 noon EST)

I have to note this article in Vox on the effect of “tribal elites” especially on the climate change debate.   Sorry, I really do try to investigate the world’s woes (like the power grid exposure) “hands separately”.  I could say, “tribalism is for losers”, ha ha. And I’d get executed or beheaded quickly and there would be no funeral.

On All Saints Day, I ponder, who has the right to claim group rights from systematic oppression?

Today, “All Saints Day”, for men whose bodies survive Halloween parties and drag makeup, I have a potpourri of items, and some of it is serious.

The Cato institute sent me an email reminding us of the statistical improbability that immigrants become terrorists like Sayfullo Saipov in NYC yesterday.  But the email names three Uzbek nationals as of March 2017 who had been convicted of terror offenses (Kodirov, Kurbanov, and Juraboev).  At least one was radicalized on the Internet (like Saipov), one had been a refugee, and one had won a green card lottery (similar to Saipov).

Two are awaiting charges, including one who had overstayed a visa and applied for asylum.

Off hand, President Trump’s reinforcing the idea of “merit-based” immigration sounds more reasonable, even if the numbers are low.  But again, to take care of our own, we seem to follow into the grade school tactic of giving detention to everyone for the sins of a few.

Uzbekistan is not one of the countries Trump has singled out; but it’s interesting that some parts of Russia (Chechnya) and former Soviet republics are capable of vehemence against the US, reinforcing the idea of a red scare that carried on underground in the 1980s even if not talked about a lot.  Back then, newspapers (at least in Dallas) carried stories of “academies” in rural areas to train “civilian defense reservists” against what at the time was thought to be a threat of individualized red subversion, still. . In pre-web days, not talked about a lot.

Craig Timberg, Elizabeth Dwoskin and Karoun Dimarjin have a detailed story on the far reach of Russia’s social media disinformation “fake news” campaign, that reached over 100 million Americans.  NBC News offers a piece by Sarah Kindzior showing how Russia’s “divide by tribe” propaganda had been going on, hiding camouflaged in plain sight  at least since 2014.

I certainly saw some of these (crooked Hillary, etc)i in my Facebook feed and generally ignored them.  There’s something about the tone of my own writing, that may seem elitist and “preaching to the choir”, as of the average-Joe masses didn’t matter to me personally. The Russians probably know that people like me won’t pay attention to how easily led people vulnerable to “mass movements” become because “we” tend to think less of them personally.  I notice a sudden drop of about 15 Facebook friends and wonder if these were fake Russian accounts now closed.

I think we’re also in a bizarre funk where we’re deciding who has a right to form a movement or belong to one.  The neo-Nazi and KKK issues are settled and viewed as direct threats to vulnerable group. But the far Left (even Antifa) is not.   Communism is somehow more acceptable than fascism because of history.  It’s as if some people think you can pick Stalin or Mao or Pol Pot (or Kim Jong Un) over Hitler.

I’ll also cite an article in Vox by Ella Nilsen on John Kelly’s remarks on the cause of the Civil War, here.

I want to add an Oct. 30 article by David Bier at the Cato Institute on how green card waits really work (they are very unpredictable) and the role of sponsors (employment, family or personal).  This article may explain some interaction I had this spring with a Facebook “friend” who seemed to be trying to get me to sponsor him.

(Posted: November 1, 2017 at 3 PM EDT)

New litigation regarding an image of an NFL star may threaten use of embedded images and videos by amateurs on the web

There is some new litigation which appears to threaten a sacrosanct principle in the user-generated content world on the Internet:  that generally, embeds of copyrighted videos or photos do not create secondary liability for the web publisher doing the embed, because an embed is essentially just a hyperlink – that is, the legal equivalent to a footnote on a college term paper.

However, recently Justin Goldman, backed by Getty Images, has sued several prominent news websites (Breitbart, Time, and the Boston Globe) for hyperlinking through embed code to an image of New England Patriots pro football quarterback Tom Brady. It’s true that these are substantial news companies, not individual uses (so this is not like “Righthaven”).  Kit Walsh and Karen Gullo ran a legal analysis in Electronic Frontier Foundation Oct. 24, 2017, “What if you had to worry about a lawsuit every time you linked to an image online?”  The article links to EFF’s own amicus brief through a Scribd PDF.  The litigation is filed in the Southern District of New York.

This whole issue had started back in 2000, with some companies trying to stop other sites from deep-linking into them, denying them ad revenue.  Courts quickly established the “English teacher rule” based on the footnote and bibliography analogy. But there was some more litigation, particularly over embeds, around 2006 or 2007.   One of the leading cases was Perfect 10 v. Google (settled in the Ninth Circuit in San Francisco).

The amicus brief gets into some ancillary issues.  One could be contributory infringement. Possibly, a website that embeds material it knows is infringing and, behind the scenes, encourages the original infringement, shares the liability.  One would wonder if the plaintiffs are attacking a culture of amateur propagation of infringing material, but then again the defendants are not amateur users. It’s worth noting that in a different area, defamation, there have been a few cases of successful litigation against websites that deliberately linked to defamatory material.

As a practical matter, one could wonder if this case could create problems for YouTube embedding. Normally, when YouTube gets a complaint, under DMCA Safe Harbor it deletes the offending video and all embeds to it simply stop working and give a gray subscreen, but the secondary bloggers are not pursued.  I try to embed only videos that “look” legitimate (like I don’t embed  a free full movie unless I believe the distributor authorized it).  Some publishers, like CNN, tend to attract a lot of pirated videos of their content that quickly disappear from YouTube but don’t put up timely previews or trailers for their own shows on time.  Most motion picture distributors put up their own trailers under their own brands, and these are OK.

The amicus brief notes that liability for using an embedded video for public display like on a Jumbotron in a sports bar might exist under other laws.  The brief also questions why the parties who hosted the actual copyright infringing image were not named as defendants.

The brief also notes that embedding images doesn’t normally create a right of publicity claim for the subject.

As an ancillary matter, it’s worth noting that typically the photographer to takes an image usually owns the copyright, not the subject, unless there is an agreement beforehand.   That’s covered here by “Photoattorney”.  But in some countries the law is different, and it can even be illegal to take someone’s photo without permission in some countries, even France.

If someone takes a photo of a copyrighted image and uploads it into a blog, that could lead to liability (because the blogger stored another copy of the image).  In practice, there are many situations where the blogger knows that the image is in public domain or that the original owner has no real interest in copyright claims, but one should be careful with this.  Likewise, bloggers should be careful about copying actual digital images.  Wikipedia allows this for most commons images along as proper attribution (including CCSA level) is stated.

There was a bill proposed in 2011, S. 978  which could, taken literally, imprison someone for embeds a copyrighted video if 10 people watched it (the “10 strikes law”).   The bill apparently died.

(Posted: Saturday, October 28, 2017 at 1 PM EDT)

David Brooks explains how losers resent winners as they delve into identity politics

David Brooks, the conservative who wants to teach us how to be good, has an op-ed in the New York Times today that looks like it was penned by me, “Upwsingers and downswingers”.

Brooks points out that both major political parties have their own winners and losers.  Economic growth adds wealth to society, but tends, by creating efficiencies, to provide gains to some at the expense of others, especially traditional workers. Further innovation tends to smooth things out and the cycle repeats.  In my own 2014 DADT III book, I characterized innovation (paired with ego) as in tension with equality (as paired by belonging to the group).

On the right especially the “losers” (to borrow from Trump, ironically) tend to find identity in a zero-sum world in ethnicism, nationalism, and sometimes religious fundamentalism and even racism. People who don’t do well in a society where they have to make a lot of their own choices and get held responsible for them, tend to gravitate to identification with the group, and identity politics. They may become combative and try to deny people outside of their own circle of victimhood a right to be heard, and also tend to view speech as attacking group rights already achieved. Along these lines, we should also read Katy Steinmetz’s recent piece in Time, “The fight over free speech on campus isn’t about just free speech.”

Brooks notes the slope between economic, political, cultural, and even personal cycles. He criticizes hyperindividualism, as needing to be curbed by ways to get the “leavers” to do “penance” – a process I have called “right-sizing” here in previous posts. It can also be called “pay your dues”, although that doesn’t quite cover all the ground.

What would those dues be?  National service?  Some sort of encouragement of people to put their own skin in the game before they are heard?

Brooks notes that the cultural resentment gets personal, when the “losers” resent those who think that the winners are really better than losers.

My own interest is in looking at moral ukase though the eyes of the individual. I am a bit of an existentialist: what happens to someone is what happens, and there is no honor in claiming that victimization changes it. Ultimately, we are all responsible for ourselves, but we are also responsible for what we inherit and become complicit in. Past persecution of one’s group does not change this or demand special treatment for the individual.  Along these lines, this piece by Frances Lee on callouts, shared today on Facebook by DC Center’s David Mariner, is interesting.

Posted Wednesday, Oct. 18, 2017 at 10 PM EDT)

Trump’s threat to media broadcast licenses, while silly and self-contradictory, shows the dangerous paradoxes of his populism

The media is indeed swooning at Trump’s latest supposed outrages, including his veiled threat to broadcast licenses after NBC supposedly reported his plans for increasing US nuclear supremacy.

Oliver Darcy and Brian Stelter have a typical summary on CNN.

There’s a potpourri of obvious legal problems if Trump were to try to do this. The biggest is that it is owned stations that have licenses, not the networks.  I remember this from my own days working for NBC as a computer programmer in the 1970s. I was responsible for an accounting ledger for “owned and operated stations”.  I remember networks were allowed to own five. Often, individual stations are owned by one company and affiliated with a network, like WJLA is owned by Sinclair and affiliated with ABC.  Often the stations don’t follow the bidding of owners.  Sinclair is a “conservative” media company that has played up the power grid threats which I have reported here, but WJLA has toned down these reports, even though I’ve encouraged WJLA (which knows me) to take them seriously.

Another interesting point is that the president doesn’t have the full legal authority to order the FCC exactly what to do. Furthermore Trump’s appointment, Ajit Pai, has favored loosening and eliminating Obama’s network neutrality rules in a way that would benefit Comcast, which owns NBC.  Even so, loosening of network neutrality rules really hasn’t in big companies like Comcast trying to throttle smaller businesses and individual speakers from having fair treatment in access to self-broadcast on their telecom pipes (something that the “liberals” feared more than the gutting of Section 230 as a threat to user speech).

It’s ironic that, in his propagation of “the people” and populism, Trump really hasn’t gone after individual elites (like standalone bloggers) as much as he had certain big companies (mainstream liberal media) whom he can portray to the “people” as their enemies with fake news.  But, of course, it is the world of user-generated content that the Russians infected with their fake news barrage in order to divide the people further.  But Trump wants the people divided. He believes that it is the strongest tribes that survive, not the strongest individuals.  Yet, in Trump’s individual behavior, it’s obvious that Trump admires strong young adult individuals – look at who he hired on “The Apprentice”.  At a personal level, he probably does admire young scientists, young tech entreprenuers, and even young conservative journalists who would show him up.   More contradictions on the LGBT side: he seems to admire plenty of LGBT individuals, but attacks the intersectional politics of the LGBT activist establishment with all his appointments.

The mainstream media’s reaction to this latest flap over violating the first amendment (the freedom of the press standards apart from the more general freedom of speech in the First Amendment) has sometimes been a bit silly and hyperbolic.  Look at how the Washington Post (“Democracy dies in darkbess”) asks “can he really do that?” by dragging you into listening to an overlong podcast.  By now everybody has forgotten all about “opening up libel laws.” British style (as Kitty Kelly explains in 1997, truth doesn’t always defend against libel, especially if absolute truth no longer exists).

Trump’s latest action on health care (like with immigration) shows he is willing to let “ordinary people” become pawns as he makes his ideological points, which really do have some merit.  Yup, making health young people buy coverage they don’t need sets a bad example for other areas.  Yes, it may really be illegal for the Executive to continue premium and copay support for poor people until Congress does its job, does its math, and can explicitly authorize it (sounds like how he handles DACA).

And, yup, previous administrations may have appeased North Korea too much, and a “domino theory” that tends to enlist ordinary citizens as potential combatants may have some real merit (as I covered particularly in my first DADT book).  But all of this, right now, sets up a very dangerous situation, the most perilous for the safety of ordinary Americans since the Cuban Missile Crisis, even more so than 9/11.  If Trump really wants his zeal for populism to wind up with martial law (as one friend on FB suggests), or a “purification” (as another puts it), he might have his duel in the Sun.

I also wanted to point out Sean Illing’s compendium on Vox, “20 of America’s top political scientists gathered to discuss our democracy. They’re scared”.  One out of six Americans is OK with military rule (like in the Philippines — that’s like saying one out of six movies should be a horror movie).  Our society of individualism requires a talent for individualized abstraction.  That tends to leave out a lot of “average joes”.  But all of us find more meaning in power structures and “station in life” than is healthy for freedom.

(Posted: Friday, Oct. 13, 2017 at 11:30 PM EDT)


Jury duty could pose a significant challenge for some bloggers

I recently got a questionnaire about eligibility for jury duty.  In fact, because I will be moving to an adjacent county very soon, the event is probably moot point.

States vary in the frequency registered voters are summoned for potential jury duty.  But typically many states are coming to a “one day one trial” concept, which, for example, Texas has followed for years. Less frequent is the possibility of jury duty for a federal trial.

Juror conduct has long been a subject of controversy, as can be seen from this US Courts Manual. Jurors are not allowed to discuss a case of subject matter related to a case outside the courtroom, or “research” it, even in newspapers.  In the past twenty years, the likelihood of finding related material on the World Wide Web or through social media sites has obviously increased exponentially.  The AP has a major story in the Los Angeles Times in April 2016 on the problem.

In a cursory look at the problem, I didn’t find any evidence that most juror duty episodes wind up with jurors being required to cut off all Internet access.  But if you think about it, the likelihood of this sort of the thing in the future seems to increase. It is true that most actual cases are obscure and are likely to be unknown to a juror and not obviously conspicuous even on the Internet.

The greatest danger, of course, is sequestration, which is pretty rare, although it may happen more frequently in the future, given the controversy of many cases. Changes in venue could become more common, but one could argue that Internet coverage makes venue change less effective.

However, if a juror is denied all Internet access for a significant time, he or she can face significant losses, such as even of social media accounts or followers or even of hosted accounts if not able to respond to a problem, and if not having an employee or proxy person who can handle questions (I do not).

People can get out of duty if old enough (in some states, over 70), or if having sole custody of minors or disabled persons, or if the sole person with certain work responsibilities.  Blogging alone, even given the risk to it, would not qualify unless it paid its own way.

But a news blogger could possibly “ get out” of being selected in a voir dire by having blogged in the pst about the subject matter.  An interesting, if evasive, strategy.

This is an area where the fundamental right to a fair trial can live in tension with free speech.

(Posted: Thursday, Oct. 12, 2017 at 11:30 PM EDT)