Tag Archives: constitution

Cause of the Day #vote

vote-squeezeAt last, at last! It’s voting day at last! You see, I have a dream. It involves not having my intelligence insulted every single time I turn on the damn TV. I mean, more than usual.

For the United States it is voting day at last.

As early as tomorrow freedom will ring across the land as all the political ads will finally stop running. Yes, for once in my life, I’ll be happy to hear about side effects (up to and including death), how much money I won’t have in my retirement and garments specially designed for Americans and made in China so they can inhale whole containers of Ben & Jerry’s ice cream (where a pint is still 16 ounces) and finger the remote control – all at the same time!

This day brings a lot of craziness.

I’m not going to miss the ads. Let’s take a look at Measure WTF. Ostensibly this measure was brought to the ballot via the citizen initiative process. What does that mean? Most likely that paid canvassers collected the signatures. What’s that? I love the smell of democracy in the morning.

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NSA what?

knife-backI don’t know things. I just like to posit The Possible with the most negative spin. I guess in my world that makes it The Probable. As you’ll see, I have an active imagination. Imagine the worst to avoid surprises on down the road. -Ed

Have you been worried about what the NSA is up to since the big Snowden season finale reveal? Allow me be the first to say you ain’t worried about nothin’ yet. Or something like that.

That’s the one thing about technology. It’s a curse but it’s also a bigger curse. It’s funny that way.

Tom’s Law #42

Every leap in technological prowess is accompanied by an exponential leap in the Machiavellianism of human beings.

I know that sounds complicated and confusing and chock full of jargon. In layman’s turns it simply means that technology is the means by which we get to be extra shitty to each other. Like always, this can take many forms.

The government, it turns out, likes to make secret arrangements known as “Gentlemen’s Agreements” with the innovators and makers of technology. The public is generally not privy to these manufacturer deals.

In one case, “tiny yellow dots” were generated by color printers and added to printouts. The dots were invisible to the naked eye and could only be seen using a “special kind of flashlight.” These dots are used to watermark the print and encode information specific to the printer like serial number and date and time. The program reportedly existed during the 1990s and was discovered and cracked by the Electronic Frontier Foundation (EFF) in 2005.

Officials at Xerox said that the encoded dots were added at the request of the United States Secret Service which had asked for help and that the program was designed to provide information useful to law-enforcement authorities in tracking down criminals. (Source: Washington Post.)

The process required the involvement of a U.S. consumer (known as the “sucker”) and worked like this:

  • Sucker buys a printer.
  • Sucker fills out the warranty “registration” card with factual information and sends it in.
  • Sucker prints a document using an MS-Word template with help from a paper clip: “It looks like you are writing a death threat and/or extortion demand. Would you like help?”
  • Law-enforcement cracks the code and is led to the sucker like Hansel and Gretel following a trail of bread crumbs.
  • Sucker is transformed into a criminal and gets free meals and lodging for a long time to come.

In this particular example, we get a fairy tale outcome and everyone is happy. But the moral, so obvious to you and me in this jaded age, is that the program could have been applied to any of us at any time and for any reason.

Another moral of this story: “Registration” is not required for full warranty eligibility. (In some cases a manufacturer can require it for limited warranty.)

So what’s the deal with those cards often euphemized with adorable names like: Warranty Card, Warranty Registration, Product Registration, etc.

Product registration and warranty cards don’t do very much for the consumer, but they are a gold mine for marketing companies. Notice that many cards go way beyond asking for your name, address and the serial number of the product. Questions such as your age, marital status, salary, education, do you own or rent and what kind of car you drive are common.

“Product warranty cards are information collected under the pretense of a benefit where the information goes straight to marketers. The purpose of a product warranty card is not to protect you, it’s to collect marketing information.”

Source: Bankrate.com – Product registration: A gold mine for marketers

Voluntarily filling one of these cards out when you don’t have to is the proper procedure for earning the “sucker” moniker. And, for bonus points, you’ve also signed up as a participant in a secret government program. Congratulations.

So that covers one example. What else ya got?

You know those blank CD-ROMs you buy to burn your stuff? Did you know that when you do you’re paying a “royalty” to organizations like the RIAA with the federal government acting as the gatekeeper? The theory goes that you couldn’t possibly want blank CD-ROMs for any other purpose than the illegal sharing of copyrighted content, therefore intellectual property holders are entitled to a piece of the action. Yeah, just like that episode of Star Trek.

Initially, in the United States, there was a market separation between “music” CD-Rs and “data” CD-Rs, the former being several times more expensive than the latter due to industry copyright arrangements with the RIAA. Physically, there is no difference between the discs save for the Disc Application Flag that identifies their type: standalone audio recorders will only accept “music” CD-Rs to enforce the RIAA arrangement, while computer CD-R drives can use either type of media to burn either type of content.

Source: Wikipedia – CD-R

17 U.S.C. § 1008 bars copyright infringement action and 17 U.S.C. § 1003 provides for a royalty of 2% of the initial transfer price for devices and 3% for media. The royalty rate in 17 U.S.C. § 1004 was established by the Fairness in Music Licensing Act of 1998. This only applies to CDs which are labeled and sold for music use; they do not apply to blank computer CDs, even though they can be (and often are) used to record or “burn” music from the computer to CD. The royalty also applies to stand-alone CD recorders, but not to CD burners used with computers. Most recently, portable satellite radio recording devices contribute to this royalty fund.

Source: Wikipedia – Private copying levy

The moral of this story is really fun. If you’re the sad sack, that one poor son of a bitch who actually obeys the law, you still get to pay the royalty fee. In essence, for being a good person you are rewarded by subsidizing everyone else’s criminality. Of course, if your only use of blank recordable CD-ROMs is backing up your weekly Quickbooks file, you pretty much deserve what you get. Because, what a shitty piece of software.

For a long time the makers of CD-ROM burners secretly installed “generation” controls. This basically prevented people from burning “copies of copies.”

Apple TV We're Sorry

No doubt about it. Apple makes getting screwed look good. That screen is so elegant and well designed.

I went to the store to buy an Apple TV. It’s a device, like a Roku, that streams content from an internet connection to a television. I asked the salesperson if it could be used to send content from the iPad to the TV. “Yep, it does that! Airplay makes it easy as pie! Airplay allows you to share anything from your iPad and project it onto your TV. Your TV essentially becomes a monitor for your iPad.”

“Golly, gee,” I said, forking over my money. “That sounds good to me!”

At no time was I informed that some restrictions may apply. The box (which I still have) said nothing of this. It wasn’t on the store receipt. I don’t recall seeing it on the instructions inside when I finally got home and opened it up. To this day I have no knowledge of ever participating in an “informed consent” decision. Yet, there it sits, on my TV. The message that says, “No, we will not do what you ask. Your TV does act like a monitor, only that it also has the power to refuse requests, albeit politely.”

It’s like a car that won’t drive you to a strip club. Actually, to be honest, it’s like a car that will happily drive you to the Apple Store but suddenly displays a friendly apology when you try to go to the Microsoft Store. (Not that anyone would ever try that.)

The moral here is that the concept of “informed consent” in a retail context is bullshit. You can’t consent to that which was deliberately concealed. “Gotcha,” exclaims Apple. “All your money belong to us.”

What else is going on? Lots and most of it (or all?) takes place without court orders or subpoenas.

  • Location tracking via mobile phones.
  • DNA databases.
  • Social media compliance with government requests.
  • Collection of phone call records.
  • Eavesdropping on international conversations.

It doesn’t have to be secret and it doesn’t necessarily always come from the government, either. Researchers recently did a study where, using only publicly available “like” information on Facebook, they could deduct, with amazing accuracy, things like an individual’s “intimate personal attributes.” Things like “race, age, IQ, sexuality, personality, substance use and political views.” And that’s using only the Facebook “like” button. Information that Facebook users make publicly available by default. Researchers refer to this sort of data as a “generic class” of digital record. (Source: University of Cambridge.)

Hell, even Pandora, the online music streaming service, recently got in on the act claiming that it can determine the political leanings and voting preferences of its members based on their up/down votes on songs. (Source: Wall Street Journal.)

Data is being collected. And, as incidents like Target and Kickstarter tell us, data is being successfully hacked on a massive scale at an alarming rate. Assuming we trust the collectors to always take our best interests to heart (which we shouldn’t) what about the interests of the people who steal it away? I wonder how much regard they’ll have for us? Dangers like these used to be esoteric thought experiments. Now they are here and growing routine.

If you know me, you know that I like to take what is knowable, that which is established, and treat it like the tip of a giant iceberg. I like to ponder. What else is out there? What else might be going on? Take what is known and extrapolate. Deduct. Guess. Use your imagination.

How would you feel if you went into a job interview and they could pull up a history of everything you had ever search for on the internet? Including phrases like “rubber hose plumpie porn” and what not? Technology makes that scenario not only possible but probable. Don’t forget that computing power is expected to continue to double on a regular basis until it will exceed the combined thinking abilities of every human brain on Earth. That power is going to be used for something.

Police cars currently have the ability to drive through parking lots and scan, in real time, all the license plates. If a car is stolen or the drive has wants and warrants the computer immediately lets them know. What if this scanning technology was extended beyond parking lots and didn’t require a human to operate the system? What if a technology was developed so these types of scanners could be cheaply and easily deployed everywhere that cars go?

I’m also the guy who predicted the NSA Masturbation Database. Imagine if that ever got in the wrong hands? (Meh!) Hackers steal the database, sell it to the Catholic church, and next thing you know, your entire block is being denied holy communion, is excommunicated, or worse!

A lot of people have worried about the day humans will be bar-coded or have RFID-style devices implanted under their skin. But what if the reality turns out to be much more subtle and nefarious than that? “Devices? That hurts. We would never do that to you. You wound us.” What if technological advancement makes it possible to do that, and so much more, using non-invasive means that the individual is literally helpless to prevent?

What then? What will that society look like?

Today’s homework exercise: What else can you imagine? What might be out there right now? Or in the near future? Can you think of any specific examples? Please share them in the comments section below. The NSA will automatically receive a carbon copy.

And now your daily serving of cheeseballz:

Shut Down Logic #Hobgoblins

moon-or-elephantThe other day I read an article that made an interesting point. I’ll have to paraphrase since I can no longer find it. The point of the article was this: “It is constitutional to fight Obamacare by defunding it.”

While trying to find the article again so I could link it in this post, I found a lot more articles. Some, on the left, called defunding unconstitutional. Meanwhile, others on the right said it was fine and dandy.

So, what’s a regular idiot like me supposed to think? These are (presumably) people who know about this sort of thing, went to school, studied it, and know a hell of lot more about the nuts and bolts than a dolt like me. And, lo and behold, all of these so called experts don’t seem to agree. Worse, their varied opinions appear to be based on ideological turf.

Which way is up?
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A Frisky Constitutional

RightsI thought the headline was so hilarious until I found out “constitutional” is decidedly not a word that means “enema.” Dammit!

Still, ever since colonic times we Americans have clung to fiercely held beliefs that we know to be self-evident. (Whew, that was a close one. For a moment there I almost didn’t bring this article down to the proper level.)

I may still be gin treatment but allow me to raise up my Tom Colonic and propose a wee toast:

O say NSA spying on through the night,
And so proudly assailed with your eyesight’s fast scheming,
With broad swipes and little regard to what was right,
O’er the sheeple you watched, and the porn they were streaming?

Source: Tom B. Taker, lyricist

As we all know, those rights our founders held so dear were elegantly immortalized in the U.S. Constitution. Except for the stuff they got wrong, of course, like those not “free” being counted as only three-fifths of a person and women not having the right to vote.

I don’t want to hit you with an elementary civics lesson, but we all know the primary function of the Supreme Court Of The United States (SCOTUS) is to chisel away at the rights enumerated in that great document.

In other words, it’s finally time for me to weigh in on NSA monitoring, PRISM and more.
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Tell Tiny Tim I won’t be coming home this Christmas

Ski Mask

This is the new me. If you see me walking down the street please stop me and say hi! Photo credit: Tyler Rigby.

This is a post about government logic.

Say it with me, won’t you? Government logic.

I know, I know! That’s an oxymoron. A contradiction in terms. FUBAR. SNAFU. Catch-22. Topsy turvy. The inside-out enchilada. The 2-1/2 double-reverse antithesis with a twist. In essence, it’s shit that doesn’t make sense – can’t make sense – and the understatement of, oh, I don’t know – the last 42.42 trillion years. And I never exaggerate.

Humor me for a moment, won’t you?

So get this. An attorney representing the United States of America stood before the Supreme Court and argued that since the operators of motor vehicles have no expectation of privacy while on publicly-owned roads that, therefore, the federal government should be allowed to plant GPS devices on cars without a search warrant signed by a judge.

Ever want to know what the federal government really wants? Well, there ya go. There it sits! This is the kind of shit that the government thinks is a good idea. So good, in fact, that they are willing to spend resources, time and your tax dollars working on shit like this.

Would it be a great crime-fighting tool? Perhaps. Stop terrorism dead in its tracks? Erm. Probably not. You know, it’s one of those slippery slopes that generally goes like this: If you outlaw cars without GPS then only outlaws will have no GPS.

Or something like that.
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Fantastical, farcical fables of fetal fatality freedoms

This is my neighbor Joe. He's not too good at poker. He went all-in with 7-2 offsuit.

This post was once just a twinkle in my eye. Then I conceived a subject, a germane approach fertilized, and, long story short, this post was birthed nine minutes later.

WordPress was the midwife.

Of course, in my dictionary, “fertilize” generally means “throw poop on it,” but hopefully you still get the idea.

“Daddy, where do babies come from?”

“Good question. But, technically speaking, there is no such thing as a ‘baby.’ You see, son, the North Carolina House of Representatives tells us that at the exact moment of fertilization a ‘human being’ has been created.”

“Ferthil-a-shay-shun?”

[laughing] “Yes, son. Fertilization. That’s just a fancy word for mommy and daddy getting together, each of them adding a special ingredient, and making a new person. Like you! You know how chocolate and peanut butter got together to make a Reese’s Peanut Butter Cup? It’s a lot like that.”

“Gross!”

Indeed, Timmy. Indeed.

Freedom. In America, seemingly above all else, we prize our cherished freedom. And rightly so. But probably at the very moment pilgrims landed in this country, they did something peculiar. They started making laws to control the freedoms of each other.

“There are nine of us and one of you. We voted and decided that thing you do is now prohibited.” Ah, democracy.

Our history is replete with this sort of thing. Freedoms legislated away like oral sex, anal sex, “sodomy,” adultery, nudity, women owning property, women being allowed to vote, black people being free persons, black people being allowed to vote, black people owning guns, etc.

A quintessential example of this? In the original version of the Constitution of the United States, you only had to read four short paragraphs before encountering racism.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

Thankfully that sentence was modified by the 14th Amendment.

So anyway, this sort of thing is nothing new.

On my morning commute, I sometimes like to listen to religious programming. There’s a morning talk show, I don’t know the name, where I’ll sometimes pause. (That same station at night is more fire and brimstone and doesn’t hold the same sway.)

This week they were talking about how “life begins at conception” and the fight they hope to bring to the Supreme Court. They talked about how an effort was underway in North Carolina to legally say that a human being exists at the moment of conception. They also said that if you had an opinion different than that you were “anti-life.”

You know, some people don’t like to be called “homophobes” just because they take a position against homosexuality. Yet here we have religious folk flinging the “anti-life” label simply because you disagree with them on what is, in all actuality, a very very fine point. I find that a skosh hypocritical.

The proposed North Carolina law that was passed by their House of Representatives takes a quite reasonable position. It would criminalize “death or injury” of a “fetus” at “any” stage of development. Take the morning after pill? You’re guilty of murder, pal. You just killed a “human being.”

That’s not farcical at all, is it?

Kill a sperm? That’s okay. Kill an ovum? Still okay. But at the very moment those two things are joined to form a zygote a “human being” now exists and “killing” is off the table.

Curious, and being a fan of Texas Holdem, I invited a few zygotes to my house the other night for a poker game. Aside from a weird tendency to go “all-in” too often, I found them decent human beings, although, to be honest, they were extremely boring and completely lacking in personality and the social graces.

I understand abortion is a serious issue. In fact, my opinion on the issue has changed somewhat radically over the years. It has become much more conservative over time. When I was young and stupid I was pretty cavalier about it. Now that I’m old and stupid, my standards have changed dramatically.

I can’t define my position exactly, but let’s just say that I support a woman’s right to choose. It’s her body and her choice. But, in my opinion, that moment of choice is extremely narrow.

Clearly it is wrong to kill a newborn baby. Just as clearly, in my view, a “human being” is not created at the moment of conception.

Somewhere, between those two extremes, lies the real moment when a human life comes into being. I have no idea when that moment might be. Perhaps it’s a heart beat. Perhaps it’s brainwaves. Perhaps it’s a fingerprint. I really don’t know, nor do I know if anyone really knows.

Something tells me it might have something to do with the ability to feel and, perhaps, experience pain. Not hurting others is a big part of my philosophy so that resonates with me. A zygote can’t feel pain. But somewhere in the development of a fetus that ability does exist.

That’s why I believe we should err on the side of caution. Make abortion laws have a tight window. Very tight. But criminalizing abortion all the way to the moment of conception? I believe that is wrong. It impinges on the freedom of the individual in favor of a human being that doesn’t yet exist.

Debate on fiercely contested issues isn’t always a logical thing. You ask for the moon. I’ll ask for the stars. Neither side will get what they ask, so invariably we end up somewhere in the middle. I believe that trying to criminalize abortion all the way to the moment of conception is a tactic. One that is designed to move where that eventual compromise will exist.

We should intelligently debate this issue. And we should fight to make reasonable laws that are based on common sense. Not go after illogical extremes as political strategies.

This is my “F” post for the April 2011 “A to Z Blogging Challenge.”

Craigslist spaceport


You will never find a more wretched hive of scum and villainy. We must be cautious.

Warning: This most may contain offensive themes and content. But nothing that Craigslist wouldn’t allow, I assure you of that.

I never paid much attention to craigslist. Oh sure, I heard about it in the news, usually something about the latest scam, or a family being shot dead during a craigslist transaction, or, more often than not, something having to do with a profession even older than craigslist itself. Thank God for craigslist or there would be a lot less prostitution!

Recently I was given reason to get off my duff and go learn more about the mysterious place known as craigslist. Sadly the reason is that the web site is being used to attack my very existence.

First I became aware of a section of craigslist that is called “rants and raves.” Just to enter and look around you have to agree that you’ll be subjected to “offensive content” and that you are at least 18 years of age.

In this section you will find the basest of the base. The very best of the worst that humanity has to offer. Craigslist has some legitimate functions (which are, of course, highly exploited by bad people), but rants and raves is reserved for the creme de la creme of evil. It represents a lowest common denominator of humanity and, trust me on this, there is basically no limit to how low that low can go.

Tonight I did an experiment. I picked a region at random. (Atlanta because it was listed first.) I then went into Atlanta’s “rants and raves” section. The very first thing I saw listed was this: “Coon chokes his 3 yr old.” The content, which I debated reproducing here but simply can’t in good conscience, even in the name of science, was one of the most offensive and disturbing things I’ve ever read. The use of the n-word in the post was just one of the many offenses including a reference to the child’s nose as a “snout,” talking about “KFC (extra crispy)” and much, much more.

And this was literally the very first thing I found on a random dip into craigslist. As such, what can we assume? That this is about average or that I somehow picked the worst of the worst? Something tells me that on craigslist this is nothing that unusual.

One can only wonder. Where does craigslist draw the line?

Like I said, the only reason I’m aware of how this web site works at all is because I came under attack myself. It’s a long story but basically I administer a web site forum and I’ve had to kick people off, from time to time, for repeated violations of the web site rules, one of which is: “Don’t be gigantic douchebag assholes.” That’s pretty much the Prime Directive of our rules.

My experience on this internet forum has taught me one thing quite clearly: Adults do not take kindly to being moderated in any way, shape or form. Just like everyone else they feel the rules to do not apply to them. Ever. If you dare enforce a rule, no matter how well deserved, you just made yourself a rabid enemy for life.

This is where craigslist comes in. Deprived of their voice on a forum, craigslist is their dream come true. Here they can safely remain truly anonymous as they attack real people by name. They have told lies about me, posted my picture, published my home address, called me Adolf Hitler (always a party favorite) and now have even taken up the practice of insulting my wife.

Freedom of speech in our country is a sacred right. But what about freedom of anonymous speech? I figured that must be different, especially when it is being used as a method of attack. I was wrong.

According to the Electronic Frontier Foundation (EFF), the Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment.

EFF says that this right was even used by our founding fathers, people like Alexander Hamilton and James Madison who wrote under the pseudonym “Publius.”

I tried to file a report with the local police today regarding this campaign against us that has gone on for months now. Their response, paraphrased: “Too bad, so sad.” They said it is nothing illegal and is protected free speech under the First Amendment. They didn’t want to look at my documentation, either, saying it wouldn’t matter.

Thanks to sites like craigslist we can view and experience the true nature of humanity and the universe, and, for an added bonus, take a quick swim in a pool of bile. Now I call that a true win-win!