california

Arguments against gay marriage make no sense

history, law, politics / /

From Theodore B. Olson’s “The Conservative Case for Gay Marriage” (Truthout: 12 January 2010):

What, then, are the justifications for California’s decision in Proposition 8 to withdraw access to the institution of marriage for some of its citizens on the basis of their sexual orientation? The reasons I have heard are not very persuasive.

The explanation mentioned most often is tradition. But simply because something has always been done a certain way does not mean that it must always remain that way. Otherwise we would still have segregated schools and debtors’ prisons. Gays and lesbians have always been among us, forming a part of our society, and they have lived as couples in our neighborhoods and communities. For a long time, they have experienced discrimination and even persecution; but we, as a society, are starting to become more tolerant, accepting, and understanding. California and many other states have allowed gays and lesbians to form domestic partnerships (or civil unions) with most of the rights of married heterosexuals. Thus, gay and lesbian individuals are now permitted to live together in state-sanctioned relationships. It therefore seems anomalous to cite “tradition” as a justification for withholding the status of marriage and thus to continue to label those relationships as less worthy, less sanctioned, or less legitimate.

The second argument I often hear is that traditional marriage furthers the state’s interest in procreation — and that opening marriage to same-sex couples would dilute, diminish, and devalue this goal. But that is plainly not the case. Preventing lesbians and gays from marrying does not cause more heterosexuals to marry and conceive more children. Likewise, allowing gays and lesbians to marry someone of the same sex will not discourage heterosexuals from marrying a person of the opposite sex. How, then, would allowing same-sex marriages reduce the number of children that heterosexual couples conceive?

This procreation argument cannot be taken seriously. We do not inquire whether heterosexual couples intend to bear children, or have the capacity to have children, before we allow them to marry. We permit marriage by the elderly, by prison inmates, and by persons who have no intention of having children. What’s more, it is pernicious to think marriage should be limited to heterosexuals because of the state’s de-sire to promote procreation. We would surely not accept as constitutional a ban on marriage if a state were to decide, as China has done, to discourage procreation.

Another argument, vaguer and even less persuasive, is that gay marriage somehow does harm to heterosexual marriage. I have yet to meet anyone who can explain to me what this means. In what way would allowing same-sex partners to marry diminish the marriages of heterosexual couples? Tellingly, when the judge in our case asked our opponent to identify the ways in which same-sex marriage would harm heterosexual marriage, to his credit he answered honestly: he could not think of any.

The simple fact is that there is no good reason why we should deny marriage to same-sex partners. On the other hand, there are many reasons why we should formally recognize these relationships and embrace the rights of gays and lesbians to marry and become full and equal members of our society.

…

California’s Proposition 8 is particularly vulnerable to constitutional challenge, because that state has now enacted a crazy-quilt of marriage regulation that makes no sense to anyone. California recognizes marriage between men and women, including persons on death row, child abusers, and wife beaters. At the same time, California prohibits marriage by loving, caring, stable partners of the same sex, but tries to make up for it by giving them the alternative of “domestic partnerships” with virtually all of the rights of married persons except the official, state-approved status of marriage. Finally, California recognizes 18,000 same-sex marriages that took place in the months between the state Supreme Court’s ruling that upheld gay-marriage rights and the decision of California’s citizens to withdraw those rights by enacting Proposition 8.

So there are now three classes of Californians: heterosexual couples who can get married, divorced, and remarried, if they wish; same-sex couples who cannot get married but can live together in domestic partnerships; and same-sex couples who are now married but who, if they divorce, cannot remarry. This is an irrational system, it is discriminatory, and it cannot stand.

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Who would ever think that it was a good idea?

art, history, on writing, politics, true stories, weird / /
A typical full sheet of LSD blotter paper with...
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Read this article about Paul Krassner’s experiences with the Manson Family & note the emphasis I’ve added – is this not the greatest sentence out of nowhere you’ve ever seen? How in the world did that ever seem like a good idea?

From Paul Krassner’s “My Acid Trip with Squeaky Fromme” (The Huffington Post: 6 August 2009):

Manson was on Death Row — before capital punishment was repealed (and later reinstated, but not retroactively) in California — so I was unable to meet with him. Reporters had to settle for an interview with any prisoner awaiting the gas chamber, and it was unlikely that Charlie would be selected at random for me.

In the course of our correspondence, there was a letter from Manson consisting of a few pages of gibberish about Christ and the Devil, but at one point, right in the middle, he wrote in tiny letters, “Call Squeaky,” with her phone number. I called, and we arranged to meet at her apartment in Los Angeles. On an impulse, I brought several tabs of acid with me on the plane.

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The end of Storm

business, security / /

From Brian Krebs’ “Atrivo Shutdown Hastened Demise of Storm Worm” (The Washington Post: 17 October 2008):

The infamous Storm worm, which powered a network of thousands of compromised PCs once responsible for sending more than 20 percent of all spam, appears to have died off. Security experts say Storm’s death knell was sounded by the recent shutdown of Atrivo, a California based ISP that was home to a number of criminal cyber crime operations, including at least three of the master servers used to control the Storm network.

Three out of four of [Storm’s] control servers were located at Atrivo, a.k.a. Intercage, said Joe Stewart, a senior security researcher with Atlanta based SecureWorks who helped unlock the secrets of the complex Storm network. The fourth server, he said, operated out of Hosting.ua, an Internet provider based in the Ukraine.

Stewart said the final spam run blasted out by Storm was on Sept. 18.Three days later, Atrivo was forced off the Internet after its sole remaining upstream provider — Pacific Internet Exchange (PIE) — decided to stop routing for the troubled ISP. In the weeks leading up to that disconnection, four other upstream providers severed connectivity to Atrivo, following detailed reports from Security Fix and Host Exploit that pointed to a massive amount of spam, malicious software and a host of other cyber criminal operations emanating from it.

Stewart said spam sent by the Storm network had been steadily decreasing throughout 2008, aided in large part by the inclusion of the malware in Microsoft’s malicious software removal tool, which has scrubbed Storm from hundreds of thousands of PCs since last fall. Stewart said it’s impossible to tell whether the Storm worm was disrupted by the Atrivo shutdown or if the worm’s authors pulled the plug themselves and decided to move on. But at least 30,000 systems remain infected with the Storm malware.

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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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1st criminal case involving a botnet

law, security / /

From Chapter 2: Botnets Overview of Craig A. Schiller’s Botnets: The Killer Web App (Syngress: 2007):

The first criminal case involving a botnet went to trial in November 2005. Jeanson James Ancheta (a. k. a. Resili3nt), age 21, of Downey, California, was convicted and sentenced to five years in jail for conspiring to violate the Computer Fraud Abuse Act, conspiring to violate the CAN-SPAM Act, causing damage to computers used by the federal government in national defense, and accessing protected computers without authorization to commit fraud.

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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.

…

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.”

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San Francisco surveillance cameras prove useless

politics, security, tech in changing society / /

From Heather Knight’s “S.F. public housing cameras no help in homicide arrests” (San Francisco Chronicle: 14 August 2007):

The 178 video cameras that keep watch on San Francisco public housing developments have never helped police officers arrest a homicide suspect even though about a quarter of the city’s homicides occur on or near public housing property, city officials say.

Nobody monitors the cameras, and the videos are seen only if police specifically request it from San Francisco Housing Authority officials. The cameras have occasionally managed to miss crimes happening in front of them because they were trained in another direction, and footage is particularly grainy at night when most crime occurs, according to police and city officials.

Similar concerns have been raised about the 70 city-owned cameras located at high-crime locations around San Francisco.

…

So far this year, 66 homicides have occurred in San Francisco, compared with 85 in all of 2006. On average, about a quarter of the city’s homicides happen on or near public housing property every year, according to statistics from the Mayor’s Office of Criminal Justice.

…

The authority has spent $203,603 to purchase and maintain its cameras since installing the first batch in the summer of 2005. It has plans to install another 81 cameras, but no date has been set.

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The HOLLYWOOD sign as multi-user access-control system

business, security / /

From Bruce Schneier’s “Hollywood Sign Security” (Crypto-Gram: 15 January 2005):

In Los Angeles, the “HOLLYWOOD” sign is protected by a fence and a locked gate. Because several different agencies need access to the sign for various purposes, the chain locking the gate is formed by several locks linked together. Each of the agencies has the key to its own lock, and not the key to any of the others. Of course, anyone who can open one of the locks can open the gate.

This is a nice example of a multiple-user access-control system. It’s simple, and it works. You can also make it as complicated as you want, with different locks in parallel and in series.

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The first movie theater

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

From Adam Goodheart’s “10 Days That Changed History” (The New York Times: 2 July 2006):

APRIL 16, 1902: The Movies

Motion pictures seemed destined to become a passing fad. Only a few years after Edison’s first crude newsreels were screened — mostly in penny arcades, alongside carnival games and other cheap attractions, the novelty had worn off, and Americans were flocking back to live vaudeville.

Then, in spring 1902, Thomas L. Tally opened his Electric Theater in Los Angeles, a radical new venture devoted to movies and other high-tech devices of the era, like audio recordings.

“Tally was the first person to offer a modern multimedia entertainment experience to the American public,” says the film historian Marc Wanamaker. Before long, his successful movie palace produced imitators nationally, which would become known as “nickelodeons.”

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The date Silicon Valley (& Intel) was born

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

From Adam Goodheart’s “10 Days That Changed History” (The New York Times: 2 July 2006):

SEPT. 18, 1957: Revolt of the Nerds

Fed up with their boss, eight lab workers walked off the job on this day in Mountain View, Calif. Their employer, William Shockley, had decided not to continue research into silicon-based semiconductors; frustrated, they decided to undertake the work on their own. The researchers — who would become known as “the traitorous eight” — went on to invent the microprocessor (and to found Intel, among other companies). “Sept. 18 was the birth date of Silicon Valley, of the electronics industry and of the entire digital age,” says Mr. Shockley’s biographer, Joel Shurkin.

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California’s wide-open educational software reveals personal info

education, security, tech in changing society, technology / /

From Nanette Asimov’s “Software glitch reveals private data for thousands of state’s students” (San Francisco Chronicle: 21 October 2005):

The personal information of tens of thousands of California children — including their names, state achievement test scores, identification numbers and status in gifted or special-needs programs — is open to public view through a security loophole in dozens of school districts statewide that use a popular education software system.

Teacher names and employee identification numbers are also visible to anyone logging onto the system, which is used locally by school districts including San Francisco, San Jose and Hayward.

The problem occurs when the districts issue a generic password to teachers using the system. Until the teacher changes to a unique password, anyone can type in a teacher’s user name and generic password and gain access to information about students that is supposed to be guarded as closely as the gold in Fort Knox. …

San Francisco administrators immediately shut down access to the service, called OARS — Online Assessment Reporting System — after a reporter phoned and said she had been able to access student information for all the children in two middle-school classes where the teachers had not yet changed their passwords. …

Most of the 96 districts statewide that use the system are in Southern California and the Central Valley. …

“We have confidence in the professionalism of our teachers” not to share their passwords, Bradshaw said.

But told how simple it was to gain access to the student records of any teacher who had not yet changed to a unique password, the administrators said they planned to make sure teachers did so.

“We will definitely monitor that,” Quinn said. “We don’t want anyone getting into student information.”

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