history

Blue for girls and pink for boys

history, language & literature / /

From Allen Abel and Madeleine Czigler’s “Boys, despair and aristocrats” (National Post: 24 June 2008):

Blue clothing for girls and pink for boys — and not the reverse — was the custom in North America for much of the 20th century. “The reason,” according to the Ladies Home Journal in 1918, “is that pink being a more decided and stronger colour is more suitable for the boy, while blue, which is more delicate and dainty, is prettier for the girl.” Not until the 1950s did the reverse become entrenched.

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The importance of booze to the Pilgrims

history / /

From Sam Anderson’s “A History of Hooch“, a review of Iain Gately’s Drink: A Cultural History of Alcohol (6 July 2008):

Elizabethan England had a pub for every 187 people. (By 2004, the country was down to one for every 529 people.) The Pilgrims’ Mayflower was actually “a claret ship from the Bordeaux wine trade,” and a group of settlers who came over to join them brought 20,000 gallons of beer and wine but only 3,000 gallons of water.

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Chinese folklore and the colors green, white, red, yellow, and black

history / /

From Allen Abel and Madeleine Czigler’s “Ireland, Islam and envy” (National Post: 24 June 2008):

According to a Chinese folk tale, there once was a turtle whose wife fell in love with a snake. Too humiliated to watch their pan-reptilian canoodling, the turtle pulled a large green leaf over his eyes. Hence the usage, still current, of “green hat” in Chinese parlance as the connotation of a cuckold.

…

To the Chinese, in the same immemorial way, white is sadness, red is happiness, yellow is thoughtfulness and black is fear.

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George Clinton and the sample troll

art, business, history, law, tech in changing society, technology / /

From Tim Wu’s “On Copyright’s Authorship Policy” (Internet Archive: 2007):

On May 4, 2001, a one-man corporation named Bridgeport Music, Inc. launched over 500 counts of copyright infringement against more than 800 different artists and labels.1 Bridgeport Music has no employees, and other than copyrights, no reported assets.2 Technically, Bridgeport is a “catalogue company.” Others call it a “sample troll.”

Bridgeport is the owner of valuable copyrights, including many of funk singer George Clinton’s most famous songs – songs which are sampled in a good amount of rap music.3 Bridgeport located every sample of Clinton’s and other copyrights it owned, and sued based on the legal position that any sampling of a sound recording, no matter how minimal or unnoticeable, is still an infringement.

During the course of Bridgeport’s campaign, it has won two important victories. First, the Sixth Circuit, the appellate court for Nashville adopted Bridgeport’s theory of infringement. In Bridgeport Music, Inc. v. Dimension Films,4 the defendants sampled a single chord from the George Clinton tune “Get Off Your Ass and Jam,” changed the pitch, and looped the sound. Despite the plausible defense that one note is but a de minimus use of the work, the Sixth Circuit ruled for Bridgeport and created a stark rule: any sampling, no matter how minimal or undetectable, is a copyright infringement. Said the court in Bridgeport, “Get a license or do not sample. We do not see this as stifling creativity in any significant way.”5 In 2006 Bridgeport convinced a district court to enjoin the sales of the bestselling Notorious B.I.G. album, Ready to Die, for “illegal sampling.”6 A jury then awarded Bridgeport more than four million dollars in damages.7

The Bridgeport cases have been heavily criticized, and taken as a prime example of copyright’s excesses.8 Yet the deeper problem with the Bridgeport litigation is not necessarily a problem of too much copyright. It can be equally concluded that the ownership of the relevant rights is the root of the problem. George Clinton, the actual composer and recording artist, takes a much different approach to sampling. “When hip-hop came out,” said Clinton in an interview with journalist Rick Karr, “I was glad to hear it, especially when it was our songs – it was a way to get back on the radio.”9 Clinton accepts sampling of his work, and has released a three CD collection of his sounds for just that purpose.10 The problem is that he doesn’t own many of his most important copyrights. Instead, it is Bridgeport, the one-man company, that owns the rights to Clinton’s work. In the 1970s Bridgeport, through its owner Armen Boladian, managed to seize most of George Clinton’s copyrights and many other valuable rights. In at least a few cases, Boladian assigned the copyrights to Bridgeport by writing a contract and then faking Clinton’s signature.11 As Clinton puts it “he just stole ‘em.”12 With the copyrights to Clinton’s songs in the hands of Bridgeport – an entity with no vested interest in the works beyond their sheer economic value – the targeting of sampling is not surprising.

1 Tim Wu, Jay-Z Versus the Sample Troll, Slate Magazine, Nov. 16, 2006, http://www.slate.com/id/2153961/.

2 See Bridgeport Music, Inc.’s corporate entity details, Michigan Department of Labor & Economic Growth, available at http://www.dleg.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=190824&name_entity=BRIDGEPORT%20MUSIC,%20INC (last visited Mar. 18, 2007).

3 See Wu, supra note 1.

4 410 F.3d 792 (6th Cir. 2005).

5 Id. at 801.

6 Jeff Leeds, Judge Freezes Notorious B.I.G. Album, N.Y. Times, Mar. 21, 2006, at E2.

7 Id.

8 See, e.g., Matthew R. Broodin, Comment, Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Samping Copyright Infringemnt Claims—The Sixth Circuit’s Flawed Attempt at a Bright Line Rule, 6 Minn. J. L. Sci. & Tech. 825 (2005); Jeffrey F. Kersting, Comment, Singing a Different Tune: Was the Sixth Circuit Justified in Changing the Protection of Sound Recordings in Bridgeport Music, Inc. v. Dimension Films?, 74 U. Cin. L. Rev. 663 (2005) (answering the title question in the negative); John Schietinger, Note, Bridgeport Music, Inc. v. Dimension Films: How the Sixth Circuit Missed a Beat on Digital Music Sampling, 55 DePaul L. Rev. 209 (2005).

9 Interview by Rick Karr with George Clinton, at the 5th Annual Future of Music Policy Summit, Wash. D.C. (Sept. 12, 2005), video clip available at http://www.tvworldwide.com/showclip.cfm?ID=6128&clip=2 [hereinafter Clinton Interview].

10 George Clinton, Sample Some of Disc, Sample Some of D.A.T., Vols. 1-3 (1993-94).

11 Sound Generator, George Clinton awarded Funkadelic master recordings (Jun. 6, 2005), http://www.soundgenerator.com/news/showarticle.cfm?articleid=5555.

12 Clinton Interview, supra note 9.

George Clinton and the sample troll Read More »

George Clinton and the sample troll

1 Comment / art, business, history, law, tech in changing society / /

From Tim Wu’s “On Copyright’s Authorship Policy” (Internet Archive: 2007):

On May 4, 2001, a one-man corporation named Bridgeport Music, Inc. launched over 500 counts of copyright infringement against more than 800 different artists and labels.1 Bridgeport Music has no employees, and other than copyrights, no reported assets.2 Technically, Bridgeport is a “catalogue company.” Others call it a “sample troll.”

Bridgeport is the owner of valuable copyrights, including many of funk singer George Clinton’s most famous songs – songs which are sampled in a good amount of rap music.3 Bridgeport located every sample of Clinton’s and other copyrights it owned, and sued based on the legal position that any sampling of a sound recording, no matter how minimal or unnoticeable, is still an infringement.

During the course of Bridgeport’s campaign, it has won two important victories. First, the Sixth Circuit, the appellate court for Nashville adopted Bridgeport’s theory of infringement. In Bridgeport Music, Inc. v. Dimension Films,4 the defendants sampled a single chord from the George Clinton tune “Get Off Your Ass and Jam,” changed the pitch, and looped the sound. Despite the plausible defense that one note is but a de minimus use of the work, the Sixth Circuit ruled for Bridgeport and created a stark rule: any sampling, no matter how minimal or undetectable, is a copyright infringement. Said the court in Bridgeport, “Get a license or do not sample. We do not see this as stifling creativity in any significant way.”5 In 2006 Bridgeport convinced a district court to enjoin the sales of the bestselling Notorious B.I.G. album, Ready to Die, for “illegal sampling.”6 A jury then awarded Bridgeport more than four million dollars in damages.7

The Bridgeport cases have been heavily criticized, and taken as a prime example of copyright’s excesses.8 Yet the deeper problem with the Bridgeport litigation is not necessarily a problem of too much copyright. It can be equally concluded that the ownership of the relevant rights is the root of the problem. George Clinton, the actual composer and recording artist, takes a much different approach to sampling. “When hip-hop came out,” said Clinton in an interview with journalist Rick Karr, “I was glad to hear it, especially when it was our songs – it was a way to get back on the radio.”9 Clinton accepts sampling of his work, and has released a three CD collection of his sounds for just that purpose.10 The problem is that he doesn’t own many of his most important copyrights. Instead, it is Bridgeport, the one-man company, that owns the rights to Clinton’s work. In the 1970s Bridgeport, through its owner Armen Boladian, managed to seize most of George Clinton’s copyrights and many other valuable rights. In at least a few cases, Boladian assigned the copyrights to Bridgeport by writing a contract and then faking Clinton’s signature.11 As Clinton puts it “he just stole ‘em.”12 With the copyrights to Clinton’s songs in the hands of Bridgeport – an entity with no vested interest in the works beyond their sheer economic value – the targeting of sampling is not surprising.

1 Tim Wu, Jay-Z Versus the Sample Troll, Slate Magazine, Nov. 16, 2006, http://www.slate.com/id/2153961/.

2 See Bridgeport Music, Inc.’s corporate entity details, Michigan Department of Labor & Economic Growth, available at http://www.dleg.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=190824&name_entity=BRI DGEPORT%20MUSIC,%20INC (last visited Mar. 18, 2007).

3 See Wu, supra note 1.

4 410 F.3d 792 (6th Cir. 2005).

5 Id. at 801.

6 Jeff Leeds, Judge Freezes Notorious B.I.G. Album, N.Y. Times, Mar. 21, 2006, at E2.

7 Id.

8 See, e.g., Matthew R. Broodin, Comment, Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Samping Copyright Infringemnt Claims—The Sixth Circuit’s Flawed Attempt at a Bright Line Rule, 6 Minn. J. L. Sci. & Tech. 825 (2005); Jeffrey F. Kersting, Comment, Singing a Different Tune: Was the Sixth Circuit Justified in Changing the Protection of Sound Recordings in Bridgeport Music, Inc. v. Dimension Films?, 74 U. Cin. L. Rev. 663 (2005) (answering the title question in the negative); John Schietinger, Note, Bridgeport Music, Inc. v. Dimension Films: How the Sixth Circuit Missed a Beat on Digital Music Sampling, 55 DePaul L. Rev. 209 (2005).

9 Interview by Rick Karr with George Clinton, at the 5th Annual Future of Music Policy Summit, Wash. D.C. (Sept. 12, 2005), video clip available at http://www.tvworldwide.com/showclip.cfm?ID=6128&clip=2 [hereinafter Clinton Interview].

10 George Clinton, Sample Some of Disc, Sample Some of D.A.T., Vols. 1-3 (1993-94).

11 Sound Generator, George Clinton awarded Funkadelic master recordings (Jun. 6, 2005), http://www.soundgenerator.com/news/showarticle.cfm?articleid=5555.

12 Clinton Interview, supra note 9.

George Clinton and the sample troll Read More »

Presidential campaigns, campaign bios, & history

history, politics / /

From Jill Lepore’s “Bound for Glory” (The New Yorker: 20 October 2008):

The biography was published in 1817 as “The Life of Andrew Jackson.” The next year, Eaton was rewarded with an appointment to a vacant seat in the United States Senate. In 1823, Jackson was elected as the other senator from Tennessee, and followed his biographer and friend to the nation’s capital. The two men took lodgings at the same Washington boarding house. The following year, Jackson was a candidate for the Presidency. Eaton headed his campaign. Jackson’s opponent John Quincy Adams refused to campaign at all. In keeping with the tradition of the first five American Presidents, Adams considered currying favor with voters to be beneath the dignity of the office, and believed that any man who craved the Presidency ought not to have it. Adams called this his Macbeth policy: “If chance will have me king, why, chance may crown me, / Without my stir.” Jackson’s supporters leaned more toward Lady Macbeth’s point of view. They had no choice but to stir: their candidate was, otherwise, unelectable. How they stirred has shaped American politics ever since. They told a story, the story of Andrew Jackson’s life. In 1824, Eaton published a revised “Life of Jackson,” founding a genre, the campaign biography. At its heart lies a single, telling anecdote. In 1781, when Jackson was fourteen and fighting in the American Revolution, he was captured. A British officer, whose boots had got muddy, ordered the boy to clean them: Jackson refused, and the officer beat him, badly, with a sword. All his life, he bore the scars. Andrew Jackson would not kneel before a tyrant.

Since 1824, no Presidential election year has passed without a campaign biography, printed about the time a candidate is nominated, chiefly for the purpose of getting him elected. (Although, since Reagan’s “A New Beginning,” in 1984, the campaign biography, as book, has been supplanted somewhat by the campaign film, screened at the nominating Convention.)

…

The election of 1824 brought the first campaign buttons, the first public-opinion polls (undertaken by and published in pro-Jackson newspapers), and the first campaign biographies. Eaton’s “Life of Jackson” was the one that established the genre’s enduring conventions. When Eaton revised it in 1824, he turned what was a history, if a decidedly partial one, into political propaganda; his changes are carefully annotated by Frank Owsley, Jr., in a facsimile edition published by the University of Alabama Press. Eaton cut out or waved away everything compromising (the duels Jackson fought, a soldier he had executed), lingered longer over everything wondrous (battles, mainly), and converted into strengths what pundits had construed as weaknesses. Eaton’s Jackson wasn’t reckless; he was fearless. He had almost no political experience; he was, therefore, ideally suited to fight corruption. He lacked political pedigree; his father, a poor Scotch-Irish immigrant, died before he was born—but this only made Jackson more qualified for the White House, since he was, to use a phrase that was coined during his Presidency, a “self-made man.”

…

In 1834, Davy Crockett wrote the first Presidential campaign autobiography. Vying for the Whig nomination, he then wrote an ornery biography of his rival, upbraiding him for having traded his coonskin cap for a swankier hat. “Mr. Van Buren’s parents were humble, plain, and not much troubled with book knowledge, and so were mine,” Crockett allowed. But Van Buren had since put on airs: “He couldn’t bear his rise; I never minded mine.”

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How Obama raised money in Silicon Valley & using the Net

business, history, law, politics / /

From Joshua Green’s “The Amazing Money Machine” (The Atlantic: June 2008):

That early fund-raiser [in February 2007] and others like it were important to Obama in several respects. As someone attempting to build a campaign on the fly, he needed money to operate. As someone who dared challenge Hillary Clinton, he needed a considerable amount of it. And as a newcomer to national politics, though he had grassroots appeal, he needed to establish credibility by making inroads to major donors—most of whom, in California as elsewhere, had been locked down by the Clinton campaign.

Silicon Valley was a notable exception. The Internet was still in its infancy when Bill Clinton last ran for president, in 1996, and most of the immense fortunes had not yet come into being; the emerging tech class had not yet taken shape. So, unlike the magnates in California real estate (Walter Shorenstein), apparel (Esprit founder Susie Tompkins Buell), and entertainment (name your Hollywood celeb), who all had long-established loyalty to the Clintons, the tech community was up for grabs in 2007. In a colossal error of judgment, the Clinton campaign never made a serious approach, assuming that Obama would fade and that lack of money and cutting-edge technology couldn’t possibly factor into what was expected to be an easy race. Some of her staff tried to arrange “prospect meetings” in Silicon Valley, but they were overruled. “There was massive frustration about not being able to go out there and recruit people,” a Clinton consultant told me last year. As a result, the wealthiest region of the wealthiest state in the nation was left to Barack Obama.

Furthermore, in Silicon Valley’s unique reckoning, what everyone else considered to be Obama’s major shortcomings—his youth, his inexperience—here counted as prime assets.

[John Roos, Obama’s Northern California finance chair and the CEO of the Palo Alto law firm Wilson Sonsini Goodrich & Rosati]: “… we recognize what great companies have been built on, and that’s ideas, talent, and inspirational leadership.”

…

The true killer app on My.BarackObama.com is the suite of fund-raising tools. You can, of course, click on a button and make a donation, or you can sign up for the subscription model, as thousands already have, and donate a little every month. You can set up your own page, establish your target number, pound your friends into submission with e-mails to pony up, and watch your personal fund-raising “thermometer” rise. “The idea,” [Joe Rospars, a veteran of Dean’s campaign who had gone on to found an Internet fund-raising company and became Obama’s new-media director] says, “is to give them the tools and have them go out and do all this on their own.”

…

“What’s amazing,” says Peter Leyden of the New Politics Institute, “is that Hillary built the best campaign that has ever been done in Democratic politics on the old model—she raised more money than anyone before her, she locked down all the party stalwarts, she assembled an all-star team of consultants, and she really mastered this top-down, command-and-control type of outfit. And yet, she’s getting beaten by this political start-up that is essentially a totally different model of the new politics.”

Before leaving Silicon Valley, I stopped by the local Obama headquarters. It was a Friday morning in early March, and the circus had passed through town more than a month earlier, after Obama lost the California primary by nine points. Yet his headquarters was not only open but jammed with volunteers. Soon after I arrived, everyone gathered around a speakerphone, and Obama himself, between votes on the Senate floor, gave a brief hortatory speech telling volunteers to call wavering Edwards delegates in Iowa before the county conventions that Saturday (they took place two months after the presidential caucuses). Afterward, people headed off to rows of computers, put on telephone headsets, and began punching up phone numbers on the Web site, ringing a desk bell after every successful call. The next day, Obama gained nine delegates, including a Clinton delegate.

The most striking thing about all this was that the headquarters is entirely self-sufficient—not a dime has come from the Obama campaign. Instead, everything from the computers to the telephones to the doughnuts and coffee—even the building’s rent and utilities—is user-generated, arranged and paid for by local volunteers. It is one of several such examples across the country, and no other campaign has put together anything that can match this level of self-sufficiency.

…

But while his rivals continued to depend on big givers, Obama gained more and more small donors, until they finally eclipsed the big ones altogether. In February, the Obama campaign reported that 94 percent of their donations came in increments of $200 or less, versus 26 percent for Clinton and 13 percent for McCain. Obama’s claim of 1,276,000 donors through March is so large that Clinton doesn’t bother to compete; she stopped regularly providing her own number last year.

“If the typical Gore event was 20 people in a living room writing six-figure checks,” Gorenberg told me, “and the Kerry event was 2,000 people in a hotel ballroom writing four-figure checks, this year for Obama we have stadium rallies of 20,000 people who pay absolutely nothing, and then go home and contribute a few dollars online.” Obama himself shrewdly capitalizes on both the turnout and the connectivity of his stadium crowds by routinely asking them to hold up their cell phones and punch in a five-digit number to text their contact information to the campaign—to win their commitment right there on the spot.

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Microsoft’s programmers, evaluated by an engineer

business, history, technology / /

From John Wharton’s “The Origins of DOS” (Microprocessor Report: 3 October 1994):

In August of 1981, soon after Microsoft had acquired full rights to 86-DOS, Bill Gates visited Santa Clara in an effort to persuade Intel to abandon a joint development project with DRI and endorse MS-DOS instead. It was I – the Intel applications engineer then responsible for iRMX-86 and other 16-bit operating systems – who was assigned the task of performing a technical evaluation of the 86- DOS software. It was I who first informed Gates that the software he just bought was not, in fact, fully compatible with CP/M 2.2. At the time I had the distinct impression that, until then, he’d thought the entire OS had been cloned.

…

The strong impression I drew 13 years ago was that Microsoft programmers were untrained, undisciplined, and content merely to replicate other people’s ideas, and that they did not seem to appreciate the importance of defining operating systems and user interfaces with an eye to the future.

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Offline copy protection in games

art, business, history, security, tech in changing society / /

From Adam Swiderski’s “A History of Copy Protection” (Edge: 9 June 2008):

Fortunately, the games industry is creative, and thus it was that the offline copy protection was born and flourished. One of its most prevalent forms was an in-game quiz that would require gamers to refer to the manual for specific information – you’d be asked, for example, to enter the third word in the fourth paragraph on page 14. Some titles took a punishing approach to this little Q & A: SSI’s Star Command required a documentation check prior to each in-game save, while Master of Orion would respond to a failed manual check by gradually becoming so difficult that it was impossible to win. Perhaps the most notorious example of this method is Sierra’s King’s Quest III, in which lengthy passages of potion recipes and other information had to be reproduced from the manual. One typo, and you were greeted with a “Game Over” screen.

Other developers eschewed straight manual checks for in-box tools and items that were more integrated into the games with which they shipped, especially once photocopiers became more accessible and allowed would-be pirates to quickly and easily duplicate documentation. LucasArts made a name for itself in this field, utilizing such gems as the Monkey Island series’ multi-level code wheels. Other games, like Maniac Mansion and Indiana Jones and the Last Crusade shipped with the kind of color-masked text one would find in old-school decoder rings; the documents could not be reproduced by the photocopiers of the day and would require the application of a transparent red plastic filter in order to get at their contents.

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The Chinese Internet threat

business, history, politics, security, tech in changing society / /

From Shane Harris’ “China’s Cyber-Militia” (National Journal: 31 May 2008):

Computer hackers in China, including those working on behalf of the Chinese government and military, have penetrated deeply into the information systems of U.S. companies and government agencies, stolen proprietary information from American executives in advance of their business meetings in China, and, in a few cases, gained access to electric power plants in the United States, possibly triggering two recent and widespread blackouts in Florida and the Northeast, according to U.S. government officials and computer-security experts.

One prominent expert told National Journal he believes that China’s People’s Liberation Army played a role in the power outages. Tim Bennett, the former president of the Cyber Security Industry Alliance, a leading trade group, said that U.S. intelligence officials have told him that the PLA in 2003 gained access to a network that controlled electric power systems serving the northeastern United States. The intelligence officials said that forensic analysis had confirmed the source, Bennett said. “They said that, with confidence, it had been traced back to the PLA.” These officials believe that the intrusion may have precipitated the largest blackout in North American history, which occurred in August of that year. A 9,300-square-mile area, touching Michigan, Ohio, New York, and parts of Canada, lost power; an estimated 50 million people were affected.

…

Bennett, whose former trade association includes some of the nation’s largest computer-security companies and who has testified before Congress on the vulnerability of information networks, also said that a blackout in February, which affected 3 million customers in South Florida, was precipitated by a cyber-hacker. That outage cut off electricity along Florida’s east coast, from Daytona Beach to Monroe County, and affected eight power-generating stations.

…

A second information-security expert independently corroborated Bennett’s account of the Florida blackout. According to this individual, who cited sources with direct knowledge of the investigation, a Chinese PLA hacker attempting to map Florida Power & Light’s computer infrastructure apparently made a mistake.

…

The industry source, who conducts security research for government and corporate clients, said that hackers in China have devoted considerable time and resources to mapping the technology infrastructure of other U.S. companies. That assertion has been backed up by the current vice chairman of the Joint Chiefs of Staff, who said last year that Chinese sources are probing U.S. government and commercial networks.

…

“The Chinese operate both through government agencies, as we do, but they also operate through sponsoring other organizations that are engaging in this kind of international hacking, whether or not under specific direction. It’s a kind of cyber-militia.… It’s coming in volumes that are just staggering.”

…

In addition to disruptive attacks on networks, officials are worried about the Chinese using long-established computer-hacking techniques to steal sensitive information from government agencies and U.S. corporations.

Brenner, the U.S. counterintelligence chief, said he knows of “a large American company” whose strategic information was obtained by its Chinese counterparts in advance of a business negotiation. As Brenner recounted the story, “The delegation gets to China and realizes, ‘These guys on the other side of the table know every bottom line on every significant negotiating point.’ They had to have got this by hacking into [the company’s] systems.”

…

During a trip to Beijing in December 2007, spyware programs designed to clandestinely remove information from personal computers and other electronic equipment were discovered on devices used by Commerce Secretary Carlos Gutierrez and possibly other members of a U.S. trade delegation, according to a computer-security expert with firsthand knowledge of the spyware used. Gutierrez was in China with the Joint Commission on Commerce and Trade, a high-level delegation that includes the U.S. trade representative and that meets with Chinese officials to discuss such matters as intellectual-property rights, market access, and consumer product safety. According to the computer-security expert, the spyware programs were designed to open communications channels to an outside system, and to download the contents of the infected devices at regular intervals. The source said that the computer codes were identical to those found in the laptop computers and other devices of several senior executives of U.S. corporations who also had their electronics “slurped” while on business in China.

…

The Chinese make little distinction between hackers who work for the government and those who undertake cyber-adventures on its behalf. “There’s a huge pool of Chinese individuals, students, academics, unemployed, whatever it may be, who are, at minimum, not discouraged from trying this out,” said Rodger Baker, a senior China analyst for Stratfor, a private intelligence firm. So-called patriotic-hacker groups have launched attacks from inside China, usually aimed at people they think have offended the country or pose a threat to its strategic interests. At a minimum the Chinese government has done little to shut down these groups, which are typically composed of technologically skilled and highly nationalistic young men.

…

The military is not waiting for China, or any other nation or hacker group, to strike a lethal cyber-blow. In March, Air Force Gen. Kevin Chilton, the chief of U.S. Strategic Command, said that the Pentagon has its own cyberwar plans. “Our challenge is to define, shape, develop, deliver, and sustain a cyber-force second to none,” Chilton told the Senate Armed Services Committee. He asked appropriators for an “increased emphasis” on the Defense Department’s cyber-capabilities to help train personnel to “conduct network warfare.”

The Air Force is in the process of setting up a Cyberspace Command, headed by a two-star general and comprising about 160 individuals assigned to a handful of bases. As Wired noted in a recent profile, Cyberspace Command “is dedicated to the proposition that the next war will be fought in the electromagnetic spectrum and that computers are military weapons.” The Air Force has launched a TV ad campaign to drum up support for the new command, and to call attention to cyberwar. “You used to need an army to wage a war,” a narrator in the TV spot declares. “Now all you need is an Internet connection.”

The Chinese Internet threat Read More »

The latest on electronic voting machines

history, law, politics, science, security, tech in changing society / /

From James Turner’s interview with Dr. Barbara Simons, past President of the Association for Computing Machinery & recent appointee to the Advisory Board of the Federal Election Assistance Commission, at “A 2008 e-Voting Wrapup with Dr. Barbara Simons” (O’Reilly Media: 7 November 2008):

[Note from Scott: headers added by me]

Optical Scan: Good & Bad

And most of the voting in Minnesota was done on precinct based optical scan machines, paper ballot which is then fed into the optical scanner at the precinct. And the good thing about that is it gives the voter immediate feedback if there is any problem, such as over-voting, voting twice for a candidate.

…

Well there’s several problems; one is–well first of all, as you say because these things have computers in them they can be mis-programmed, there can be software bugs. You could conceivably have malicious code. You could have the machines give you a different count from the right one. There was a situation back in the 2004 race where Gephardt in one of the Primaries–Gephardt received a large number of votes after he had withdrawn from the race. And this was done–using paper ballots, using optical scan paper ballots. I don’t know if it was this particular brand or not. And when they were recounted it was discovered that in fact that was the wrong result; that he had gotten fewer votes. Now I never saw an explanation for what happened but my guess is that whoever programmed these machines had mistakenly assigned the slot that was for Kerry to Gephardt and the slot that was for Gephardt to Kerry; that’s my guess. Now I don’t know if that’s true but if that did happen I think there’s very little reason to believe it was malicious because there was really nothing to be gained by doing that. So I think it was just an honest error but of course errors can occur.

…

DRE Studies

Ohio conducted a major study of electronic voting machines called the Everest Study which was commissioned by the current Secretary of State Bruner, Secretary of State Bruner and this study uncovered huge problems with these–with most of these voting systems, these touch screen voting systems. They were found to be insecure, unreliable, difficult to use; basically a similar study had been studied in California not too much earlier called the Top to Bottom Review and the Ohio study confirmed every–all of the problems that had been uncovered in California and found additional problems, so based on that there was a push to get rid of a lot of these machines.

…

States Using DREs

Maryland and Georgia are entirely touch screen States and so is New Jersey. In Maryland they’re supposed to replace them with optical scan paper ballots by 2010 but there’s some concern that there may not be the funding to do that. In fact Maryland and Georgia both use Diebold which is now called Premier, paperless touch screen voting machines; Georgia started using them in 2002 and in that race, that’s the race in which Max Cleveland, the Democratic Senator, paraplegic from–the Vietnam War Vet was defeated and I know that there are some people who questioned the outcome of that race because the area polls had showed him winning. And because that race–those machines are paperless there was no way to check the outcome. Another thing that was of a concern in Maryland in 2002 was that–I mean in Georgia in 2002 was that there were last minute software patches being added to the machines just before the Election and the software patches hadn’t really been inspected by any kind of independent agency.

…

More on Optical Scans

Well I think scanned ballots–well certainly scanned ballots give you a paper trail and they give you a good paper trail. The kind of paper trail you want and it’s not really a paper trail; it’s paper ballots because they are the ballots. What you want is you want it to be easy to audit and recount an election. And I think that’s something that really people hadn’t taken into consideration early on when a lot of these machines were first designed and purchased.

…

Disabilities

One of the things that was investigated in California when they did the Top to Bottom Review was just how easy is it for people with disabilities to use these touch screen machines? Nobody had ever done that before and these test results came back very negatively. If you look at the California results they’re very negative on these touch screen machines. In many cases people in wheelchairs had a very difficult time being able to operate them correctly, people who were blind sometimes had troubles understanding what was being said or things were said too loudly or too softly or they would get confused about the instructions or some of the ways that they had for manual inputting; their votes were confusing.

…

There is a–there are these things called Ballot Generating Devices which are not what we generally refer to as touch screen machines although they can be touch screen. The most widely used one is called the Auto Mark. And the way the Auto Mark works is you take a paper ballots, one of these optical scan ballots and you insert it into the Auto Mark and then it operates much the same way that these other paperless–potentially paperless touch screen machines work. It has a headphone–headset so that a blind voter can use it; it has–it’s possible for somebody in a wheelchair to vote, although in fact you don’t have to use this if you’re in a wheelchair; you can vote optical scan clearly. Somebody who has severe mobility impairments can vote on these machines using a sip, puff device where if you sip it’s a zero or one and if you puff it’s the opposite or a yes or a no. And these–the Auto Mark was designed with disability people in mind from early on. And it faired much better in the California tests. What it does is at the end when the voter with disabilities is finished he or she will say okay cast my ballot. At that point the Auto Mark simply marks the optical scan ballot; it just marks it. And then you have an optical scan ballot that can be read by an optical scanner. There should be no problems with it because it’s been generated by a machine. And you have a paper ballot that can be recounted.

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Problems with DREs vs Optical Scans

One of the things to keep in–there’s a couple things to keep in mind when thinking about replacing these systems. The first is that these direct recording electronic systems or touch screen systems as they’re called they have to have–the States and localities that buy these systems have to have maintenance contracts with the vendors because they’re very complicated systems to maintain and of course the software is a secret. So some of these contracts are quite costly and these are ongoing expenses with these machines. In addition, because they have software in them they have to be securely stored and they have to be securely delivered and those create enormous problems especially when you have to worry about delivering large numbers of machines to places prior to the election. Frequently these machines end up staying in people’s garages or in churches for periods of time when they’re relatively insecure.

…

And you need far fewer scanners; the security issues with scanners are not as great because you can do an audit and a recount, so altogether it just seems to me that moving to paper based optical scan systems with precinct scanners so that the voter gets feedback on the ballot if the voter votes twice for President; the ballot is kicked out and the voter can vote a new ballot.

…

And as I say there is the Auto Mark for voters with disabilities to use; there’s also another system called Populex but that’s not as widely used as Auto Mark. There could be new systems coming forward.

…

1/2 of DREs Broken in Pennsylvania on Election Day

Editor’s Note: Dr. Simons wrote me later to say: “Many Pennsylvania polling places opened on election day with half or more of their voting machines broken — so they used emergency paper ballots until they could fix their machines.”

The latest on electronic voting machines Read More »

How the settlers changed America’s ecology, radically

history, politics / /

From Charles C. Mann’s “America, Found & Lost” (National Geographic: May 2007):

It is just possible that John Rolfe was responsible for the worms—specifically the common night crawler and the red marsh worm, creatures that did not exist in the Americas before Columbus. Rolfe was a colonist in Jamestown, Virginia, the first successful English colony in North America. Most people know him today, if they know him at all, as the man who married Pocahontas. A few history buffs understand that Rolfe was one of the primary forces behind Jamestown’s eventual success. The worms hint at a third, still more important role: Rolfe inadvertently helped unleash a convulsive and permanent change in the American landscape.

Like many young English blades, Rolfe smoked – or, as the phrase went in those days, “drank” – tobacco, a fad since the Spanish had first carried back samples of Nicotiana tabacum from the Caribbean. Indians in Virginia also drank tobacco, but it was a different species, Nicotiana rustica. Virginia leaf was awful stuff, wrote colonist William Strachey: “poor and weak and of a biting taste.” After arriving in Jamestown in 1610, Rolfe talked a shipmaster into bringing him N. tabacum seeds from Trinidad and Venezuela. Six years later Rolfe returned to England with his wife, Pocahontas, and the first major shipment of his tobacco. “Pleasant, sweet, and strong,” as Rolfe’s friend Ralph Hamor described it, Jamestown’s tobacco was a hit. By 1620 the colony exported up to 50,000 pounds (23,000 kilograms) of it – and at least six times more a decade later. Ships bellied up to Jamestown and loaded up with barrels of tobacco leaves. To balance the weight, sailors dumped out ballast, mostly stones and soil. That dirt almost certainly contained English earthworms.

…

TWO HUNDRED AND FIFTY MILLION years ago the world contained a single landmass known to scientists as Pangaea. Geologic forces broke this vast expanse into pieces, sundering Eurasia and the Americas. Over time the two halves of the world developed wildly different suites of plants and animals. Columbus’s signal accomplishment was, in the phrase of historian Alfred Crosby, to reknit the torn seams of Pangaea. After 1492, the world’s ecosystems collided and mixed as European vessels carried thousands of species to new homes across the oceans. The Columbian exchange, as Crosby called it, is why there are tomatoes in Italy, oranges in Florida, chocolates in Switzerland, and hot peppers in Thailand. It is arguably the most important event in the history of life since the death of the dinosaurs.

…

But the largest ecological impact may have been wreaked by a much smaller, seemingly benign domestic animal: the European honeybee. In early 1622, a ship arrived in Jamestown that was a living exhibit of the Columbian exchange. It was loaded with exotic entities for the colonists to experiment with: grapevine cuttings, silkworm eggs, and beehives. Most bees pollinate only a few species; they tend to be fussy about where they live. European honeybees, promiscuous beasts, reside almost anywhere and pollinate almost anything in sight. Quickly, they swarmed from their hives and set up shop throughout the Americas.

How the settlers changed America’s ecology, radically Read More »

If concerts bring money in for the music biz, what happens when concerts get smaller?

art, business, history, law / /

From Jillian Cohen’s “The Show Must Go On” (The American: March/April 2008):

You can’t steal a concert. You can’t download the band—or the sweaty fans in the front row, or the merch guy, or the sound tech—to your laptop to take with you. Concerts are not like albums—easy to burn, copy, and give to your friends. If you want to share the concert-going experience, you and your friends all have to buy tickets. For this reason, many in the ailing music industry see concerts as the next great hope to revive their business.

…

It’s a blip that already is fading, to the dismay of the major record labels. CD sales have dropped 25 percent since 2000 and digital downloads haven’t picked up the slack. As layoffs swept the major labels this winter, many industry veterans turned their attention to the concert business, pinning their hopes on live performances as a way to bolster their bottom line.

Concerts might be a short-term fix. As one national concert promoter says, “The road is where the money is.” But in the long run, the music business can’t depend on concert tours for a simple, biological reason: the huge tour profits that have been generated in the last few decades have come from performers who are in their 40s, 50s, and 60s. As these artists get older, they’re unlikely to be replaced, because the industry isn’t investing in new talent development.

When business was good—as it was when CD sales grew through much of the 1990s—music labels saw concert tours primarily as marketing vehicles for albums. Now, they’re seizing on the reverse model. Tours have become a way to market the artist as a brand, with the fan clubs, limited-edition doodads, and other profitable products and services that come with the territory.

“Overall, it’s not a pretty picture for some parts of the industry,” JupiterResearch analyst David Card wrote in November when he released a report on digital music sales. “Labels must act more like management companies, and tap into the broadest collection of revenue streams and licensing as possible,” he said. “Advertising and creative packaging and bundling will have to play a bigger role than they have. And the $3 billion-plus touring business is not exactly up for grabs—it’s already competitive and not very profitable. Music companies of all types need to use the Internet for more cost-effective marketing, and A&R [artist development] risk has to be spread more fairly.”

The ‘Heritage Act’ Dilemma

Even so, belief in the touring business was so strong last fall that Madonna signed over her next ten years to touring company Live Nation—the folks who put on megatours for The Rolling Stones, The Police, and other big headliners—in a deal reportedly worth more than $120 million. The Material Girl’s arrangement with Live Nation is known in the industry as a 360-degree deal. Such deals may give artists a big upfront payout in exchange for allowing record labels or, in Madonna’s case, tour producers to profit from all aspects of their business, including touring, merchandise, sponsorships, and more.

While 360 deals may work for big stars, insiders warn that they’re not a magic bullet that will save record labels from their foundering, top-heavy business model. Some artists have done well by 360 contracts, including alt-metal act Korn and British pop sensation Robbie Williams. With these successes in mind, some tout the deals as a way for labels to recoup money they’re losing from downloads and illegal file sharing. But the artists who are offered megamillions for a piece of their brand already have built it through years of album releases, heavy touring, and careful fan-base development.

Not all these deals are good ones, says Bob McLynn, who manages pop-punk act Fall Out Boy and other young artists through his agency, Crush Management. Labels still have a lot to offer, he says. They pay for recording sessions, distribute CDs, market a band’s music, and put up money for touring, music-video production, and other expenses. But in exchange, music companies now want to profit from more than a band’s albums and recording masters. “The artist owns the brand, and now the labels—because they can’t sell as many albums—are trying to get in on the brand,” McLynn says. “To be honest, if an artist these days is looking for a traditional major-label deal for several hundred thousand dollars, they will have to be willing to give up some of that brand.

”For a young act, such offers may be enticing, but McLynn urges caution. “If they’re not going to give you a lot of money for it, it’s a mistake,” says the manager, who helped build Fall Out Boy’s huge teen fan base through constant touring and Internet marketing, only later signing the band to a big label. “I had someone from a major label ask me recently, ‘Hey, I have this new artist; can we convert the deal to a 360 deal?’” McLynn recalls. “I told him [it would cost] $2 million to consider it. He thought I was crazy; but I’m just saying, how is that crazy? If you want all these extra rights and if this artist does blow up, then that’s the best deal in the world for you. If you’re not taking a risk, why am I going to give you this? And if it’s not a lot of money, you’re not taking a risk.”

A concert-tour company’s margin is about 4 percent, Live Nation CEO Michael Rapino has said, while the take on income from concessions, T-shirts, and other merchandise sold at shows can be much higher. The business had a record-setting year in 2006, which saw The Rolling Stones, Madonna, U2, Barbra Streisand, and other popular, high-priced tours on the road. But in 2007, North American gross concert dollars dropped more than 10 percent to $2.6 billion, according to Billboard statistics. Concert attendance fell by more than 19 percent to 51 million. Fewer people in the stands means less merchandise sold and concession-stand food eaten.

Now add this wrinkle: if you pour tens of millions of dollars into a 360 deal, as major labels and Live Nation have done with their big-name stars, you will need the act to tour for a long time to recoup your investment. “For decades we’ve been fueled by acts from the ’60s,” says Gary Bongiovanni, editor of the touring-industry trade magazine Pollstar. Three decades ago, no one would have predicted that Billy Joel or Rod Stewart would still be touring today, Bongiovanni notes, yet the industry has come to depend on artists such as these, known as “heritage acts.” “They’re the ones that draw the highest ticket prices and biggest crowds for our year-end charts,” he says. Consider the top-grossing tours of 2006 and 2007: veterans such as The Rolling Stones, Rod Stewart, Barbra Streisand, and Roger Waters were joined by comparative youngsters Madonna, U2, and Bon Jovi. Only two of the 20 acts—former Mouseketeers Justin Timberlake and Christina Aguilera—were younger than 30.

These young stars, the ones who are prone to taking what industry observer Bob Lefsetz calls “media shortcuts,” such as appearing on MTV, may have less chance of developing real staying power. Lefsetz, formerly an entertainment lawyer and consultant to major labels, has for 20 years published an industry newsletter (now a blog) called the Lefsetz Letter. “Whatever a future [superstar] act will be, it won’t be as ubiquitous as the acts from the ’60s because we were all listening to Top 40 radio,” he says.

From the 1960s to the 1980s, music fans discovered new music primarily on the radio and purchased albums in record stores. The stations young people listened to might have played rock, country, or soul; but whatever the genre, DJs introduced listeners to the hits of tomorrow and guided them toward retail stores and concert halls.

…

Today, music is available in so many genres and subgenres, via so many distribution streams—including cell phones, social networking sites, iTunes, Pure Volume, and Limewire—that common ground rarely exists for post–Baby Boom fans. This in turn makes it harder for tour promoters to corral the tens of thousands of ticket holders they need to fill an arena. “More people can make music than ever before. They can get it heard, but it’s such a cacophony of noise that it will be harder to get any notice,” says Lefsetz.

…

Most major promoters don’t know how to capture young people’s interest and translate it into ticket sales, he says. It’s not that his students don’t listen to music, but that they seek to discover it online, from friends, or via virtual buzz. They’ll go out to clubs and hear bands, but they rarely attend big arena concerts. Promoters typically spend 40 percent to 50 percent of their promotional budgets on radio and newspaper advertising, Barnet says. “High school and college students—what percentage of tickets do they buy? And you’re spending most of your advertising dollars on media that don’t even focus on those demographics.” Conversely, the readers and listeners of traditional media are perfect for high-grossing heritage tours. As long as tickets sell for those events, promoters won’t have to change their approach, Barnet says. Heritage acts also tend to sell more CDs, says Pollstar’s Bongiovanni. “Your average Rod Stewart fan is more likely to walk into a record store, if they can find one, than your average Fall Out Boy fan.”

…

Personally, [Live Nation’s chairman of global music and global touring, Arthur Fogel] said, he’d been disappointed in the young bands he’d seen open for the headliners on Live Nation’s big tours. Live performance requires a different skill set from recorded tracks. It’s the difference between playing music and putting on a show, he said. “More often than not, I find young bands get up and play their music but are not investing enough time or energy into creating that show.” It’s incumbent on the industry to find bands that can rise to the next level, he added. “We aren’t seeing that development that’s creating the next generation of stadium headliners. Hopefully that will change.”

Live Nation doesn’t see itself spearheading such a change, though. In an earlier interview with Billboard magazine, Rapino took a dig at record labels’ model of bankrolling ten bands in the hope that one would become a success. “We don’t want to be in the business of pouring tens of millions of dollars into unknown acts, throwing it against the wall and then hoping that enough sticks that we only lose some of our money,” he said. “It’s not part of our business plan to be out there signing 50 or 60 young acts every year.”

And therein lies the rub. If the big dog in the touring pack won’t take responsibility for nurturing new talent and the labels have less capital to invest in artist development, where will the future megatour headliners come from?

…

Indeed, despite its all-encompassing moniker, the 360 deal isn’t the only option for musicians, nor should it be. Some artists may find they need the distribution reach and bankroll that a traditional big-label deal provides. Others might negotiate with independent labels for profit sharing or licensing arrangements in which they’ll retain more control of their master recordings. Many will earn the bulk of their income from licensing their songs for use on TV shows, movie soundtracks, and video games. Some may take an entirely do-it-yourself approach, in which they’ll write, produce, perform, and distribute all of their own music—and keep any of the profits they make.

There are growing signs of this transition. The Eagles recently partnered with Wal-Mart to give the discount chain exclusive retail-distribution rights to the band’s latest album. Paul McCartney chose to release his most recent record through Starbucks, and last summer Prince gave away his newest CD to London concertgoers and to readers of a British tabloid. And in a move that earned nearly as much ink as Madonna’s 360 deal, rock act Radiohead let fans download its new release directly from the band’s website for whatever price listeners were willing to pay. Though the numbers are debated, one source, ComScore, reported that in the first month 1.2 million people downloaded the album. About 40 percent paid for it, at an average of about $6 each—well above the usual cut an artist would get in royalties. The band also self-released the album in an $80 limited-edition package and, months later, as a CD with traditional label distribution. Such a move wouldn’t work for just any artist. Radiohead had the luxury of a fan base that it developed over more than a dozen years with a major label. But the band’s experiment showed creativity and adaptability.

If concerts bring money in for the music biz, what happens when concerts get smaller? Read More »

China’s increasing control over American dollars

business, history, politics, security / /

From James Fallows’ “The $1.4 Trillion Question” (The Atlantic: January/February 2008):

Through the quarter-century in which China has been opening to world trade, Chinese leaders have deliberately held down living standards for their own people and propped them up in the United States. This is the real meaning of the vast trade surplus—$1.4 trillion and counting, going up by about $1 billion per day—that the Chinese government has mostly parked in U.S. Treasury notes. In effect, every person in the (rich) United States has over the past 10 years or so borrowed about $4,000 from someone in the (poor) People’s Republic of China. Like so many imbalances in economics, this one can’t go on indefinitely, and therefore won’t. But the way it ends—suddenly versus gradually, for predictable reasons versus during a panic—will make an enormous difference to the U.S. and Chinese economies over the next few years, to say nothing of bystanders in Europe and elsewhere.

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When the dollar is strong, the following (good) things happen: the price of food, fuel, imports, manufactured goods, and just about everything else (vacations in Europe!) goes down. The value of the stock market, real estate, and just about all other American assets goes up. Interest rates go down—for mortgage loans, credit-card debt, and commercial borrowing. Tax rates can be lower, since foreign lenders hold down the cost of financing the national debt. The only problem is that American-made goods become more expensive for foreigners, so the country’s exports are hurt.

When the dollar is weak, the following (bad) things happen: the price of food, fuel, imports, and so on (no more vacations in Europe) goes up. The value of the stock market, real estate, and just about all other American assets goes down. Interest rates are higher. Tax rates can be higher, to cover the increased cost of financing the national debt. The only benefit is that American-made goods become cheaper for foreigners, which helps create new jobs and can raise the value of export-oriented American firms (winemakers in California, producers of medical devices in New England).

…

Americans sometimes debate (though not often) whether in principle it is good to rely so heavily on money controlled by a foreign government. The debate has never been more relevant, because America has never before been so deeply in debt to one country. Meanwhile, the Chinese are having a debate of their own—about whether the deal makes sense for them. Certainly China’s officials are aware that their stock purchases prop up 401(k) values, their money-market holdings keep down American interest rates, and their bond purchases do the same thing—plus allow our government to spend money without raising taxes.

China’s increasing control over American dollars Read More »

6 reasons why “content” has been devalued

art, business, history, law, technology / /

From Jonathan Handel’s “Is Content Worthless?” (The Huffington Post: 11 April 2008):

Everyone focuses on piracy, but there are actually six related reasons for the devaluation of content. The first is supply and demand. Demand — the number of consumers and their available leisure time – is relatively constant, but supply — online content — has grown enormously in the last decade. Some of this is professional content set free from boundaries of time and space, now available worldwide, anytime, and usually at no cost (whether legally or not). Even more is user generated content (UGC) — websites, blogs, YouTube videos — created by non-professionals who don’t care whether they get paid, and who themselves pay little or nothing to create and distribute it.

The second is the loss of physical form. It just seems natural to value a physical thing more highly than something intangible. Physical objects have been with us since the beginning of time; distributable intangible content has not. Perhaps for that reason, we tend to focus on per-unit costs (zero for an intangible such as a movie download), while forgetting about fixed costs (such as the cost of making the movie in the first place). Also, and critically, if you steal something tangible, you deny it to the owner; a purloined DVD is no longer available to the merchant, for instance. But if you misappropriate an intangible, it’s still there for others to use. …

The third reason is that acquiring content is increasingly frictionless. It’s often easier, particularly for young people, to access content on the Internet than through traditional means. …

Fourth is that most new media business models are ad-supported rather than pay per view or subscription. If there’s no cost to the user, why should consumers see the content as valuable, and if some content is free, why not all of it? …

Fifth is market forces in the technology industry. Computers, web services, and consumer electronic devices are more valuable when more content is available. In turn, these products make content more usable by providing new distribution channels. Traditional media companies are slow to adopt these new technologies, for fear of cannibalizing revenue from existing channels and offending powerful distribution partners. In contrast, non-professionals, long denied access to distribution, rush to use the new technologies, as do pirates of professional content. As a result, technological innovation reduces the market share of paid professional content.

Finally, there’s culture. A generation of users has grown up indifferent or hostile to copyright, particularly in music, movies and software.

6 reasons why “content” has been devalued Read More »

Bush’s Manicheanism destroyed him

1 Comment / history, law, politics / /

From Glenn Greenwald’s “A tragic legacy: How a good vs. evil mentality destroyed the Bush presidency” (Salon: 20 June 2007):

One of the principal dangers of vesting power in a leader who is convinced of his own righteousness — who believes that, by virtue of his ascension to political power, he has been called to a crusade against Evil — is that the moral imperative driving the mission will justify any and all means used to achieve it. Those who have become convinced that they are waging an epic and all-consuming existential war against Evil cannot, by the very premises of their belief system, accept any limitations — moral, pragmatic, or otherwise — on the methods adopted to triumph in this battle.

Efforts to impose limits on waging war against Evil will themselves be seen as impediments to Good, if not as an attempt to aid and abet Evil. In a Manichean worldview, there is no imperative that can compete with the mission of defeating Evil. The primacy of that mandate is unchallengeable. Hence, there are no valid reasons for declaring off-limits any weapons that can be deployed in service of the war against Evil.

Equally operative in the Manichean worldview is the principle that those who are warriors for a universal Good cannot recognize that the particular means they employ in service of their mission may be immoral or even misguided. The very fact that the instruments they embrace are employed in service of their Manichean mission renders any such objections incoherent. How can an act undertaken in order to strengthen the side of Good, and to weaken the forces of Evil, ever be anything other than Good in itself? Thus, any act undertaken by a warrior of Good in service of the war against Evil is inherently moral for that reason alone.

It is from these premises that the most amoral or even most reprehensible outcomes can be — and often are — produced by political movements and political leaders grounded in universal moral certainties. Intoxicated by his own righteousness and therefore immune from doubt, the Manichean warrior becomes capable of acts of moral monstrousness that would be unthinkable in the absence of such unquestionable moral conviction. One who believes himself to be leading a supreme war against Evil on behalf of Good will be incapable of understanding any claims that he himself is acting immorally.

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That is the essence of virtually every argument Bush supporters make regarding terrorism. No matter what objection is raised to the never-ending expansions of executive power, no matter what competing values are touted (due process, the rule of law, the principles our country embodies, how we are perceived around the world), the response will always be that The Terrorists are waging war against us and our overarching priority — one that overrides all others — is to protect ourselves, to triumph over Evil. By definition, then, there can never be any good reason to oppose vesting powers in the government to protect us from The Terrorists because that goal outweighs all others.

But our entire system of government, from its inception, has been based upon a very different calculus — that is, that many things matter besides merely protecting ourselves against threats, and consequently, we are willing to accept risks, even potentially fatal ones, in order to secure those other values. From its founding, America has rejected the worldview of prioritizing physical safety above all else, as such a mentality leads to an impoverished and empty civic life. The premise of America is and always has been that imposing limitations on government power is necessary to secure liberty and avoid tyranny even if it means accepting an increased risk of death as a result. That is the foundational American value.

It is this courageous demand for core liberties even if such liberties provide less than maximum protection from physical risks that has made America bold, brave, and free. Societies driven exclusively or primarily by a fear of avoiding Evil, minimizing risks, and seeking above all else that our government “protects” us are not free. That is a path that inevitably leads to authoritarianism — an increasingly strong and empowered leader in whom the citizens vest ever-increasing faith and power in exchange for promises of safety. That is most assuredly not the historical ethos of the United States.

The Bill of Rights contains numerous limitations on government power, and many of them render us more vulnerable to threats. If there is a serial killer on the loose in a community, the police would be able to find and apprehend him much more easily if they could simply invade and search everyone’s homes at will and without warning. Nonetheless, the Fourth Amendment expressly prohibits the police from undertaking such searches. It requires both probable cause and a judicial warrant before police may do so, even though such limitations on state power will enable dangerous killers to elude capture.

…

The scare tactic of telling Americans that every desired expansion of government power is justified by the Evil Terrorist Threat — and that there is no need to worry because the president is Good and will use these powers only to protect us — is effective because it has immediate rhetorical appeal. Most people, especially when placed in fear of potentially fatal threats, are receptive to the argument that maximizing protection is the only thing that matters, and that no abstract concept (such as liberty, or freedom, or due process, or adhering to civilized norms) is worth risking one’s life by accepting heightened levels of vulnerability.

But nothing in life is perfectly safe. Perfect safety is an illusion. When pursued by an individual to the exclusion of all else, it creates a tragically worthless, paralyzed way of life. On the political level, safety as the paramount goal produces tyranny, causing people to vest as much power as possible in the government, without limits, in exchange for the promise of maximum protection.

Bush’s Manicheanism destroyed him Read More »

How technologies have changed politics, & how Obama uses tech

history, politics, technology / /

From Marc Ambinder’s “HisSpace” (The Atlantic: June 2008):

Improvements to the printing press helped Andrew Jackson form and organize the Democratic Party, and he courted newspaper editors and publishers, some of whom became members of his Cabinet, with a zeal then unknown among political leaders. But the postal service, which was coming into its own as he reached for the presidency, was perhaps even more important to his election and public image. Jackson’s exploits in the War of 1812 became well known thanks in large measure to the distribution network that the postal service had created, and his 1828 campaign—among the first to distribute biographical pamphlets by mail—reinforced his heroic image. As president, he turned the office of postmaster into a patronage position, expanded the postal network further—the historian Richard John has pointed out that by the middle of Jackson’s first term, there were 2,000 more postal workers in America than soldiers in the Army—and used it to keep his populist base rallied behind him.

Abraham Lincoln became a national celebrity, according to the historian Allen Guelzo’s new book, Lincoln and Douglas: The Debates That Defined America, when transcripts of those debates were reprinted nationwide in newspapers, which were just then reaching critical mass in distribution beyond the few Eastern cities where they had previously flourished. Newspapers enabled Lincoln, an odd-looking man with a reed-thin voice, to become a viable national candidate …

Franklin Delano Roosevelt used radio to make his case for a dramatic redefinition of government itself, quickly mastering the informal tone best suited to the medium. In his fireside chats, Roosevelt reached directly into American living rooms at pivotal moments of his presidency. His talks—which by turns soothed, educated, and pressed for change—held the New Deal together.

And of course John F. Kennedy famously rode into the White House thanks in part to the first televised presidential debate in U.S. history, in which his keen sense of the medium’s visual impact, plus a little makeup, enabled him to fashion the look of a winner (especially when compared with a pale and haggard Richard Nixon). Kennedy used TV primarily to create and maintain his public image, not as a governing tool, but he understood its strengths and limitations before his peers did …

[Obama’s] speeches play well on YouTube, which allows for more than the five-second sound bites that have characterized the television era. And he recognizes the importance of transparency and consistency at a time when access to everything a politician has ever said is at the fingertips of every voter. But as Joshua Green notes in the preceding pages, Obama has truly set himself apart by his campaign’s use of the Internet to organize support. No other candidate in this or any other election has ever built a support network like Obama’s. The campaign’s 8,000 Web-based affinity groups, 750,000 active volunteers, and 1,276,000 donors have provided him with an enormous financial and organizational advantage in the Democratic primary.

…

What Obama seems to promise is, at its outer limits, a participatory democracy in which the opportunities for participation have been radically expanded. He proposes creating a public, Google-like database of every federal dollar spent. He aims to post every piece of non-emergency legislation online for five days before he signs it so that Americans can comment. A White House blog—also with comments—would be a near certainty. Overseeing this new apparatus would be a chief technology officer.

There is some precedent for Obama’s vision. The British government has already used the Web to try to increase interaction with its citizenry, to limited effect. In November 2006, it established a Web site for citizens seeking redress from their government, http://petitions.pm.gov.uk/. More than 29,000 petitions have since been submitted, and about 9.5 percent of Britons have signed at least one of them. The petitions range from the class-conscious (“Order a independent report to identify reasons that the living conditions of working class people are poor in relation to higher classes”) to the parochial (“We the undersigned petition the Prime Minister to re-open sunderland ice rink”).

How technologies have changed politics, & how Obama uses tech Read More »

Correcting wrong info reinforces false beliefs

education, history, politics, science / /

From Jonathan M. Gitlin’s “Does ideology trump facts? Studies say it often does” (Ars Technica: 24 September 2008):

We like to think that people will be well informed before making important decisions, such as who to vote for, but the truth is that’s not always the case. Being uninformed is one thing, but having a population that’s actively misinformed presents problems when it comes to participating in the national debate, or the democratic process. If the findings of some political scientists are right, attempting to correct misinformation might do nothing more than reinforce the false belief.

This sort of misinformation isn’t hypothetical; in 2003 a study found that viewers of Fox News were significantly more misinformed about the Iraq war, with far greater percentages of viewers erroneously believing that Iraq possessed WMDs or that there was a credible link between the 9/11 attack and Saddam Hussein than those who got their news from other outlets like NPR and PBS. This has led to the rise of websites like FactCheck and SourceWatch.

Saying that correcting misinformation does little more than reinforce a false belief is a pretty controversial proposal, but the claim is based on a number of studies that examine the effect of political or ideological bias on fact correction. In the studies, volunteers were shown news items or political adverts that contained misinformation, followed by a correction. For example, a study by John Bullock of Yale showed volunteers a political ad created by NARAL that linked Justice John Roberts to a violent anti-abortion group, followed by news that the ad had been withdrawn. Interestingly, Democratic participants had a worse opinion of Roberts after being shown the ad, even after they were told it was false.

Over half (56 percent) of Democratic subjects disapproved of Roberts before the misinformation. That rose to 80 percent afterward, but even after correcting the misinformation, 72 percent of Democratic subjects still had a negative opinion. Republican volunteers, on the other hand, only showed a small increase in disapproval after watching the misinformation (11 percent vs 14 percent).

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An elderly Eskimo & his unusual knife

history / /

From Wade Davis’ “Wade Davis: an Inuit elder and his shit knife” (Boing Boing: 26 September 2008):

The Inuit didn’t fear the cold; they took advantage of it. During the 1950s the Canadian government forced the Inuit into settlements. A family from Arctic Bay told me this fantastic story of their grandfather who refused to go. The family, fearful for his life, took away all of his tools and all of his implements, thinking that would force him into the settlement. But instead, he just slipped out of an igloo on a cold Arctic night, pulled down his caribou and sealskin trousers, and defecated into his hand. As the feces began to freeze, he shaped it into the form of an implement. And when the blade started to take shape, he put a spray of saliva along the leading edge to sharpen it. That’s when what they call the “shit knife” took form. He used it to butcher a dog. Skinned the dog with it. Improvised a sled with the dog’s rib cage, and then, using the skin, he harnessed up an adjacent living dog. He put the shit knife in his belt and disapp eared into the night.

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