Catching up...

Been a busy week, so just some links to keep up with things.

The Grey Area in print covers an issue that is close to home, focusing on a situation evolving at Valpo Law.

Government hubris leading to abuse. The nerve of some government agents. I hope this guy wins his civil suit.

Why the Digital Media Copyright Act is evil!

The effect of Telecom mergers.

PayPal, the next way the Government will violate your privacy rights with a subpoena.

Getting closer to the total end of all individual consumer rights for digital media, the end of fair DVD use?

Another reason to hate digital rights management.

Hey, Telcos! Eat It!!

An update on that pesky Oklahoma law written by Microsoft, and the reason I would never move there.

How the Revolving Door works.

Modern business tactics: We are Apple, we make a third grader CRY!!!

New Layout

Ok, I promised some changes, and this is the start of said changes. I decided to go with a three column float, basic style sheet because I like the organization. I also have everything set to auto width based on individual resolutions for visitors. I got really sick of seeing the same pixel width for everything. If this is problematic, or if you have some suggestions for a new color scheme let me know by posting some comments. I also want to smooth out the style sheet with rounded edges. I am going to continue to tweak everything as I go. Let me know what you think.

Update: Had a complaint about the alignment of the layout earlier, so I played with the settings to get it to work right with every resolution, 800x600 and up. let me know if there are any other issues.

More Support for a Neutral Net

The title link goes to a story from Wired.com. In the article, a former AT&T employee comments on the extent of intrusion the NSA already has, and has had, in our telecommunications. At this point you are probably wondering why this is important, I think Mark Klein says it best:

...it appears the NSA is capable of conducting what amounts to vacuum-cleaner surveillance of all the data crossing the internet -- whether that be peoples' e-mail, web surfing or any other data.

While the existence of the Echelon program is hardly a revelation, its alarming to think exactly how pervasive the program may be. Food for thought.

UPDATE:

This is exactly what Mr. Klein is talking about. With scary technical spec. goodness. That's right everyone, this system can intercept the contents of Voice over Internet Protocol (or VoIP) phone calls. So much for the Fourth Amendment. James Madison is rolling over, again and again...

Following-up on the end of the internet...

The title link goes to an article in the Oklahoma Gazette detailing a new proposal in the House of Representatives. Apparently, this is what we have to look forward to with the death of the Net Neutrality Act. The law, questionably called the Computer Spyware Protection Act (the text of its bigger brother in the Senate), would permit software companies like Microsoft, internet service providers, celluar phone companies, and really anyone else with the appropriate software, to access the harddrive on your personal computer while you are using it. While the law requires the "consent" of the end user, these consent provisions will likely be buried in the End User License agreement (EULA). The EULA is the license agreement that controls the way the end user may legally use the software. Usually, this is the long text document that you are required to read prior installing almost any software. Basically, you would have to permit this sort of access to your computer by installing Windows, or any other software that fits the bill. Effectively, Microsoft could access your computer and delete spyware or viruses. Interestingly enough, it could also target and delete "pirated" music, videos, or other Microsoft software.

While operating under the guise of protecting privacy, this law would allow unfettered access to personal information. There also does not appear to be any definition of what constitutes material that software companies could delete from a personal computer. The worst part is the end user agrees, so there is NO recourse for the end user if a software company deletes material that is otherwise not in violation of any definition of pirated software, maleware, spyware, or a computer virus. Say so long to computers as you know them. If this bill passes, not only will it cause the end of the internet as we now know it, but also the end of personal computer privacy. This kind of "shrink wrap" license contract is, at best, unconscionable. Write your representative from the house and let them know the ramifications of passing this bill!

Oh, By the Way...

If you are a student, in public school, in Washington, don't plan on protesting the third anniversary of the fall of Baghdad by wearing your t-shirts. Thanks to Nerdgirl for tipping me off. There is something vaguely familiar about this situation. Regardless, what has our society come to when we so fundamentally diminish the rights of students? The Supreme Court decided this issue in the Tinker decision in 1969. We should not be teaching students that voicing their opinion is unacceptable, this will lead to an adult population willing to submit to actions of the State in conflict with our enumerated rights.

Executive Absurdity...

Wait, what do you mean the President authorized the Scooter Libby CIA leak? Michael Froomkin at Discourse.net made Interesting points regarding this revelation and the operation of the Presidential administration. Apparently, anything the President does is legal. Food for thought.

Litigious Absurdity...

In continuing the theme of catching up on things, we must revisit the constant struggle between regular Americans and juggernauts like the RIAA.

Apparently, the RIAA would rather have victims of their abusive litigious practices drop out of college to pay their settlements than strike a better deal. It's no wonder that artists like Radiohead have blasted the RIAA and the recording industry in general. If that doesn't make you sick, let me put it this way, the RIAA makes $100 Million per year from suing regular Americans. Its no wonder this is the new profit model for big business since they don't have a prayer of making money when their idea of winning over consumers is suing the pants off of them. Logic just committed suicide.

Update:

Wait, What?

Legislative Absurdity...

I have been busy attempting to write my seminar paper examining the role of the judiciary in resolving conflicts over the war powers between the legislative and executive branches of our government. Unfortunately, I haven't been able to post as often as I would like. I guess this is what I have been missing, but in reverse-chronological order. There will be several posts today and tomorrow to catch up.

Apparently, Congress has a need to continue to meddle in the public school system. Screwing the system up through no child left behind just wasn't enough. Now, Congress needs to increase its paternal presence in the public school system and make sure that kids have a selection of healthy snacks in their vending machines. First off, can someone please explain the Constitutional basis for this type of legislation, or legislation about public education in general? Usually, these kinds of laws are justified under the Commerce Clause, but this obscene expansion of Congressional power is now subverting the power of the states to control what should rightfully remain under state control. Yes, we have an adolescent weight problem in this country. No, the answer is not more legislation adding to the bureaucratic bloat of the legal system. Now, I know the idea of people being responsible for themselves is, to some extent, revolutionary, but maybe this could be a viable alternative to legislation.

So much for the internet. While this point is largely hyperbole, the possible effects of cutting the Net Neutrality Act out of upcoming telecommunications legislation will have, essentially, this effect. Some of my previous posts have detailed the problems with creating multiple tiers to the internet and charging companies like Google and Yahoo! for their bandwidth usage. This could have disastrous consequences for our everyday usage of the internet. Could you imagine...MORE ADDS...to pay for these pay schemes? Its more likely that the telecos are using this as a method to limit the influence of technology developments like Internet Protocol TeleVision (IPTV) and Voice Over Internet Protocol (VoIP). For all the Vonage users out there, switch from MCI long distance, and now you have to pay $10 more per month to cover MCI's fee levied against Vonage for their bandwidth use. This is particularly absurd because individual users already pay for web access through the same companies who want to raise prices for bandwidth use. The Telecos, then, get the windfall of double billing. Charge the end user for access, and charge the web companies for the amount of traffic they generate. The net result, a charge on both ends.

Update:

My Point Exactly.

Even More.

Scary.

Movement in Laws about Video Games

A number of states have enacted laws preventing the sale of violent of sexually explicit video games to anyone under the age of 17. These laws codify the rating system designed by the Entertainment Software Ratings Board (ESRB). Michigan has one of these laws, but the title link demonstrates that many of these laws violate various state and federal constitutional provisions. Many of these provisions impede upon the free speech rights of the game developers. That notwithstanding, these laws are superfluous. The ESRB rating system is like the film rating system initiated by the Motion Picture Association of America (MPAA). These ratings, be it for movies or video games, alert the consumer to the content of the media. Any legislation mirroring the goal and operation of these ratings is unnecessarily repetitive. Moreover, the laws are ridiculously paternalistic. If parents don't want their children to play certain video games, then the parents should be responsible for determining when a game is not suitable for their child, and refuse to buy it. It's unreasonable to presume that laws like these will protect children since it's rarely the children who buy the games. Government intrusion into industry regulation in this manner prevents the advancement of the commercial market for video games. Like the film industry, video games do not need external enforcement. The rating system is sufficient on its own to alert consumers to what they are buying. Thankfully, state and the federal constitutions will likely not permit this sort of legislative over-achievement.

Second...

The BBC is reporting on the same story in the New York Times. From the look of it, the BBC story goes into more depth about the lengths in which the President was willing to go to provoke a confrontation that would lead to the current military action. This is just more proof of the ill intentions of the administration concerning the military operations in Iraq.