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Ouij's Board

The immutable system engenders rot

A Modest Proposal
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[info]ouij
With all the recent excitement about piracy, I have turned my mind to ways of fighting them.

Anciently, of course, pirates were considered hostes humani generis--enemies of the human race. That declaration of outlawry allowed anyone who seized a pirate to try and execute him summarily.

More recently, in the age before nation-states could maintain large standing navies, they would contract privateers to do their pirate-hunting. Granted, often it was hard to tell the pirates from the privateers, but this got me thinking.

The Congress of the United States is authorized "to grant letters of Marque or reprisal." U.S. Const., Art. I, sec. 8. The practice has fallen into desuetude, but apparently one vessel, the airship Resolute, operated by a civilian crew, was issued a letter of marque during the Second World War.

I see a business opportunity.

I propose to form a corporation, seek a Letter of Marque from the Congress, outfit an smaller ship for escort and pirate raiding .

The Navy is poorly-suited to anti-piracy operations. Sure, the gallant crew of the Bainbridge has twice steamed to the rescue of beleagured American freighters off the Horn of Africa, but the Bainbridge is a rather large vessel, better suited to hunting Soviet submarines than Somali pirates. More suited to the task, perhaps, would be something on the order of the Philippine Navy's Jacinto-class (formerly the Royal Navy's Peacock-class) corvette-- smaller, handier, more maneuverable, with armaments better suited to engaging the type of pirate craft likely to be encountered.

Enough privateers could secure and police the crucial shipping-lanes, while freeing the regular Navy for the strategic roles to which it is better suited.
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Pistols on Medicare?
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[info]ouij
Boingboing is carrying a story about a company that is offering an unusual palm pistol for sale as a Class I Medical device.

Apparently, the manufacturers had the foresight to register their palm pistol with the Food & Drug Administration as a "Daily Activity Assist Device" under 21 C.F.R. § 890.5050. A device registered under this regulation is suppsoed to be a "modified adaptor or utensil (e.g., a dressing, grooming, recreational activity, transfer, eating, or homemaking aid) that is intended for medical purposes to assist a patient to perform a specific function."

Now, I understand that the arms manufacturer intends its pistol to be used by an arthritic shooter. But I wonder--is the mere hope that an ergonomic pistol will be used by a person with arthritis enough to satisfy the "intended for medical purposes" requirement of the regulation?

Perhaps the most outrageous thing about all this is that it is the manufacturer intends for Medicare to pay for its pistol. In their specification, the manufacturers explain that "If we are successful in obtaining DME coding, it is possible the medically prescribed purchase of the Palm Pistol will be reimbursable by Medicare or private health insurance companies." I don't know about you, but knowing that the taxpayer dollars I'm paying down to pay for medicine and crutches (among other things) will be spent on arms makes me feel uneasy.

On the patent side of things, I'm having a hard time believing that this is novel enough to be patentable. It's not as if there isn't prior art:

The "Chicago Protector" was a palm pistol marketed in the 1890s. It used a very short .32 caliber rimfire round.

I imagine the inventors are trying to distinguish their invention from the prior art by pointing to the fact that this is "for medical purposes." I'm no patent examiner, but I'm guessing they're having a fun time getting around the Patent Office's rejections. The device strikes me as either anticipated by prior art--see the pistol, above. And even if not totally anticipated, element-for-element, it would have been obvious to any reasonably skilled firearms designer to combine the existing elements into the claimed palm pistol.

If the manufacturers succeed both in gaining medical device classification and in obtaining a patent, something is wrong with our administrative structures.

Fairfax Regional Library--second report
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[info]ouij

Photo by flickr user Robert of Fairfax

It's exam time, so I cycled down to the Fairfax City Regional Library to do a bit of studying far away from my usual haunt. I've blogged about this before.

In general, I really like the library. Inside, it's a bright, airy space, and generally quieter than the law library.

There's a problem, though. At the old library site, there was an awful lot more bicycle parking. The dilapidated old bike rack had space for about a dozen bicycles, with room for more on nearby railings.

The new library, though, beautiful as it is, only has one Sheffield stand in a tight corner of its facade. That's room for two bikes.

I'm annoyed. I would have thought that there might have been a little more foresight on the part of the library architect. But I suppose the two-storey underground parking garage got a lot more attention than the bicycle racks.

There's really a lot of potential to turn central Fairfax into a very walkable, cyclable space. The densification of the town center was supposed to encourage this type of development. But how are you going to encourage people out of their cars and onto their bicycles if you don't even provide anywhere for them to lock up their bikes?

A Pox on the House
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[info]ouij
As sympathetic as I am to the Democratic cause in the coming election, yesterday's bailout fiasco leaves me wondering--why should anyone in America want to return a Democratic majority to the House?

The House Democratic leadership has tried to put the blame on the failure of the $700 billion financial bailout package on the dozen Republican members who, offended at Speaker Pelosi's speech on the floor blaming the Great Decider President Bush for the current financial crisis, churlishly refused to support the bill. Barney Frank mocked the twelve:


Give me those twelve people's names, and I will go talk uncharacteristically nicely to them, and tell them what wonderful people they are, and maybe they'll think about the country.


But come now, let's look at the vote breakdown. The Democrats control 235 seats in the House of Representatives--easily enough to ram through any bill they found important enough to pass. This was not an attempt to override a presidential veto; a simple majority would have sufficed to carry the measure.

But instead of delivering a legislative majority, the Democratic leadership delivered failure. What kind of parliamentary majority can stand if as many as a third of its own members cannot be brought into line by their so-called leaders? Were the 95 Democratic refuseniks so irreconcilable that their own leaders could not pressure a dozen of them into supporting a bill that the leadership itself adopted?

Why is the leadership trying so hard to blame the failure of the bill on the minority? That the House Republicans would be churlish should not have been a surprise to Pelosi & company-- the Republicans are the minority, after all, and that positively entitles them to be churlish. To be sure, the Republicans aren't blameless. But they are in the minority; they're not, by definition, responsible.

Leaders of both parties have complained of a failure of bipartisanship. They are wrong. What failed here was partisanship. What is a political party for if not for the aggregation of wills and the passage of a legislative agenda?

Had this been any other parliament, Pelosi's government would have collapsed yesterday.

Clintonistas: McCain's Fifth Column
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[info]ouij
Via DC Blogs Live Feed, I stumbled upon a Clintonista screed among many on Sugar'N'Spice. Sugar writes:

FF, she were to accept a VP offer from the Obamazoid campaign, let's keep our wits about ourselves and realize that we don't have to and we shouldn't support the ticket. I fully and absolutely expect that if she accepts an offer, it's to get this chump to pay off that debt and to make sure she looks like a "team player" so she can get geared up for 2012, because let's face it--Obama can't win. I don't care who his VP is. Not to mention, we should not be supporting this Democratic(?) Party as it is at present anyway. Did the Rules and Bylaws Committee not just give us all the finger just six days ago? Keep your wits people.



Please, Clintonistas. There is nothing undemocratic about a party that is controlled by rules. State Democratic parties knew what the rules were, and violated them anyway. And the "popular vote" is rubbish, as I said in another place. This is not a first-round Presidential ballot--this is a party selection process. Unless you are a member of the Party, and are responsible for the creation of the rules, you must play the hand you're dealt.

As I said in my comment to Sugar:


The Democrats will not lose in November because Obama is the nominee. They will lose because this kind of pointless bitterness will help McCain.

Ultimately, Clintonistas will have to decide whether they, as Democrats, prefer to nurse their personal grudges or take the White House.

The Democratic Party is in a long-term decline. The fact that the current President is an idiot (and consequently possibly the least popular President ever) does nothing to change the underlying faults of the party. Among the leadership, there is petty factionalism and internecine squabbling. And while Democrats (very arguably) have a much broader base than the Republicans do, Democratic voters tend to be more skilled at whining on the Internet than actually turning up on Election Day and taking power.

So keep fuming, Clintonistas--and work on who you're going to blame in January when McCain trounces a disorganized party.

Or do something revolutionary: get over yourselves and mobilize to win in November.

Rational Actors
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[info]ouij
I seldom agree with Charles Krauthammer, but in Today's WaPo he writes:
At $3 a gallon, Americans just grin and bear it, suck it up and, while complaining profusely, keep driving like crazy. At $4, it is a world transformed. Americans become rational creatures. Mass transit ridership is at a 50-year high. Driving is down 4 percent. (Any U.S. decline is something close to a miracle.) Hybrids and compacts are flying off the lots. SUV sales are in free fall.

The wholesale flight from gas guzzlers is stunning in its swiftness, but utterly predictable. Everything has a price point. Remember that "love affair" with SUVs? Love, it seems, has its price too.

America's sudden change in car-buying habits makes suitable mockery of that absurd debate Congress put on last December on fuel efficiency standards. At stake was precisely what miles-per-gallon average would every car company's fleet have to meet by precisely what date


There is something particularly appealing about increased CAFE standards and the possibility of a cap-and-trade system for carbon emissions. But the more I think about it, the worse these alternatives start looking. Cap-and-trade might sound nice, but based upon preliminary plans in Britain, it may amount to a Byzantine rationing system--a nightmare to design, audit, and administer.

Let's face it: Americans are lousy at virtue. Sure, they talk a good game about better quality automobiles that are more fuel-efficient. But the reason that cars these days are orders of magnitude better & more efficient than they were in the 1970s has more to do with the Arab oil embargo than UAW sloganeering. Raise the price of a scarce commodity--oil--and people will find remarkable ways to make do.

Krauthammer, in his opinion piece, suggests a much, much higher tax on oil to suppress demand--and using the increased revenue to cut payroll taxes across the board. Funnily enough, the redder-than-red Krauthammer is advocating a solution that his Conservative colleagues pilloried in the 2004 presidential campaign. John Kerry wanted to raise gas taxes to 50 cents per gallon, remember>? And it's not as if increased fuel taxation hasn't been tried elsewhere in the developed world. Gasoline is very heavily taxed in Japan, raising prices accordingly, and driving the market for fuel-efficency.

There might be evidence that Americans might support higher taxes if the money were spent to fight global warming. But the great thing about increasing the gas tax is that it is, in its own way, a very quick way to cut carbon emissions. Raise the price of gasoline, and fewer people will want to buy it--or burn it.
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A bit late for Earth Day
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[info]ouij

Then and Now
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[info]ouij
I know I'm a bit late, but I noticed something that should have been obvious.

President Bush's stuff has declined since 2001. No, I don't mean his political acumen or his popularity, although that certainly is the case. No, I mean his pitching form. Here he is throwing out the first pitch at the Nats' home opener:


The President at the Nats' home opener this season. I'm running this version because the Associated Press version squelched out the boos of the crowd.

Ouch. Nowhere near the strike zone--not even in the American League.

Now it has become a part of post-9/11 legend that when the President came to Yankee Stadium, he threw a strike. I seemed to remember that. Everybody repeated that. Many people--including the President himself-- took great pride in his pitching that evening. So I pulled the video:


The President, in happier times.

Sure enough, a solid strike, right down the middle.

Maybe President Bush rose to that occasion--many pitchers get better in "big game" situations, after all. So I decided to look at what might have been a more typical G.W. Bush outing, the Nats' home opener at RFK in 2005.

Note how many more cheers than boos. But he does OK-- a chest-high ball, but you know, they do call those high strikes these days.

I wonder if the Opening Day boos rattled the President.

Thomas Friedman is Right: The World is Flat
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[info]ouij


It would appear that the forward march of globalization, aided and abetted by satellite television, has revealed that the world really is flat. Here, two Iraqis--a physicist and an exponent of "Koranic science"-- debate the proposition that the world is flat, and not round.

"Koranic Science" is probably a bit too esoteric for me, even if its advocate is forceful and earnest. But note particularly his comments at the end of the interview:

What I say is based on Koranic science. He [the physicist] bases his arguments on the kind of science that I reject categorically-- the modern science that they teach in schools. This science is a heretic innovation that has no confirmation in the Koran. No verse in the Koran indicates that the earth is round or that it rotates. Anything that has no indication in the Koran is false.


How quaint, we think. Somewhere, on the far side of the world, there are people so benighted as to believe that the world is flat. We can settle back in our comfortable, first-world enlightenment and look on them with a combination of pity, scorn, and amusement--can't we?

I'd hope so. But we can't. On this side of the civilizational divide, there are also fundamentalists, categorically rejecting all things that are not specifically addressed in holy writ. There are also those who, although not fundamentalists per se, can simply dismiss evidence that runs counter to the "correct" way of reading the situation.

OpenOffice.org and the law student
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[info]ouij
OpenOffice.org is not ready for the desktop. There, I said it. Flame me, O my Free Software-using comrades.

I've managed a semester and a half so far without having to resort to proprietary software. I use Firefox for all my browsing--even for WestLaw and LexisNexis. I use vim and LaTeX to prepare my outlines. My ASUS eee PC runs Xandros. My home computer runs Ubuntu.

And, yes, up until now, I have used OpenOffice.org for my word-processing needs. OpenOffice Writer is a decent word processor--at least as good for most users as Microsoft Word or WordPerfect. OpenOffice Writer has served me well thus far in Legal Writing class: several drafts each of two memoranda, pleadings, and a motion. But the upcoming appellate brief spells the end of its usefulness.

Appellate briefs need Tables of Authorities. For the non-lawyers out there, a ToA is a kind of sectioned bibliography for lawyers: it indexes all the various citations used in a document by type of authority (constitutions, statutes, regulations, case law, secondary authorities, etc.).

MS Word and WordPerfect have table-of-authority builders built right into the program. Essentially, the ToA builder goes through the whole document, looking for anything that might look like it's a citation. Once it finds a possible citation, it stops: the user can then mark the citation and add it to an index. In the end, you end up with something that looks like this:


TABLE OF AUTHORITIES

BROWN V. BOARD OF EDUCATION, 273 U.S. 177, 93 F.2d 14
(1953)...................1, 2



There, you see Brown, its full citation in Blue Book format, and the pages where it's cited.

Now, OpenOffice and LaTeX should be able to do a simple trick like this--and do it better. But they're structurally different programs. Instead of treating the document like one long stream of text, they use a "structured document" model.

Theoretically, the structured document should be better: you define the logical parts of your document and let the program deal with all the fiddly character-by-character design issues. To make this work, you need to have a separate bibliographic database, and then insert tagged references into the document as you go. Sounds good, right?

Wrong. In OpenOffice, as in TeX, it's the bibliographic package (bibtex or some such) that generates the formatted citation. And, wouldn't you know it--there aren't any style files out there for legal citations.

Sure, TeXheads, tell me about jurabib or biblatex. But all the style files kicking around are mathematics, sciences, or engineering. I'm lucky if I find a regular humanities style file--never mind actually find anything useful for us lawyers.

And I really don't have the time or the inclination these days to break down and really learn any of the bibliographic systems in *nix to make them work for lawyers.

So this is what I'm reduced to. I'm going to have to crawl back to Microsoft Office for an appellate brief. Luckily, Word 97 runs very well in WINE.

Still, I feel a bit annoyed at having to go back to Microsoft for this. What do I have to do to get decent ToA support out there in OO.o or TeX? Where do I post the bounty?

Think of the children.
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[info]ouij
(Via DCBlogs)

Apparently, the Hannah Montana craze is causing parents to do, well, crazy things. PennQuarter Living recounts finding a number of weeping 'tween girls on the Metro, unaccompanied by any responsible adult:


The eldest girl (who was 13) explained that they were on their way to the Hannah Montana concert at the Verizon Center and that they were lost. I offered to help them find their way, but demanded to know where their parents were. Apparently, tickets to the concert being scarce, their parents had bought them one way tickets on Metro and sent them to the concert unescorted.

I was shocked. What parent would send their sub-13-year-old daughters into Metro DC unsupervised? Surely, this had to be an aberration. But as I exited the Chinatown Metro to walk the girls toward Will Call, I saw several more groups of young girls trying to navigate the large crowd alone.


Unaccompanied kids, of course, aren't a shockingly uncommon sight on the Metro system during school days: school kids seem to take Metrobus and Metrorail unaccompanied at a very young age.

Which leads me to think: first, what is the actual risk that unaccompanied kids will come to harm on the Metro system? And, second, should they come to harm, who would be liable?

He is the greatest?
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[info]ouij
"The polls show I'm the only Democrat who right out beats every Republican they can throw up there. I beat Mitt, I beat Rudy, I beat John, I beat Fred, I beat Mike. I beat John. Who else? I'll beat 'em all, beat 'em all! I'll beat Keyes. Who else they got?"
---Barack Obama, addressing a campaign rally in Iowa.

Shortly thereafter, Obama promised to knock Hillary Clinton out in the seventh round in their upcoming title bout.

Honestly, with rhetoric like this, Obama is reminding me more and more of another tall, handsome, African-American phenomenon. Yes, ladies and gents, I'm talking about the Greatest of All Time (and I don't mean L.L. Cool J), the Champion to End All Champions, Muhammad Ali!



But I worry for Obama. According to the WaPo's Dana Millbank, the Obama campaign depends on the youthful enthusiasm of his volunteers. This could be a problem.

The problem with us young people is that we tend to be extremely enthusiastic for whatever it is we do on the Internet, but the jury is still out as to whether or not that enthusiasm will translate to results on the ground. "Howlin'" Howard Dean was supposed to have been swept from Vermont into the White House with the DailyKossacks leading the charge. Well, that didn't happen--but that didn't stop the Kossacks from patting themselves on the back (endlessly). Nor did the hyper-enthusiastic--perhaps rabid?-- netroots types succeed in electing someone other than sometime-standard-bearer-now-defector Joe Lieberman to the Senate in Connecticut.

The curious thing about the Internet is that it allows us to aggregate in "virtual" communities. Communication costs next to nothing, so we can remain in constant contact with people who share our interests, no matter how broad or narrow. This is great for hobbies--but bad for American electoral politics. The Presidential election depends on the kind of old-fashioned aggregation that we're about to see in Iowa tonight: actual supporters in an actual jurisdiction casting actual ballots for actual candidates.

A more elegant weapon, from a more civilized age, part 2
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[info]ouij


Had my first Bluebooking session in Legal Writing today. I'm posting this video about letterpress printing by way of a kind of catharsis.

Those of you who know me already know how I feel about the Blue Book. I hate it.

It's indispensible, of course, because it attempts to provide a uniform system of citation for lawyers. In a common-law system, this kind of project is absolutely necessary. Proper citations are wayposts to the student and beacons to the practitioner.

The Bluebook, however, is what happens when you let attorneys make rules about typography. The rules are often diffcult and contradictory. In many cases, they make little to no sense from a readability or page design perspective.

Bluebook style tells me one thing: the legal profession is still reeling from the death of the typewriter. There is an absolute fetish for whitespace: which abbreviations have spaces after them, which do not; the insistence that ellipses be denoted by a dot-space-dot-space-dot-space sequence, and so forth.

All of this matters if you mandate monospace typefaces, where each sort (character) occupied the same space. But now, local rules in many jurisdictions--as well as house rules in many firms--have begun to mandate Times New Roman as the typeface of choice.

Times New Roman is a typeface with proportional spacing; if you look carefully, each element (letter, number, symbol) varies slightly in width. Ideally, with competent typesetting, you would also vary the width of the whitespace between and among the various elements and come up with a harmoniously-desgined and easily-readable page. Computer typesetting makes this trivial: Normal word processors do a decent (but not great) job of managing character and line spacing.

Unfortunately, the entire legal profession has decided to ignore the typographical tools available to it and persist, with the Bluebook, in mandating typographical conventions that are better suited to a world of typewriters and monospaced typefaces.

The result? Legal documents are ugly. It's bad enough that lawyers are obliged to adopt a very dry prose style--but it's worse that the typographical conventions that prevail in the profession make for documents that are actually hard on the eye.

I fear things will get much worse before they get better. Law students are slowly becoming addicted to Lexis and WestLaw's electronic output, which abandons any attempt at human-readability in favor of easy machine indexing and transmission. From an aesthetic point of view, this is a crying shame. I have been pleasantly surprised at the quality of the typography in the bound (paper) law reporters I've had the opportunity to read.

The profession has at its reach the tools to make normal work product as legible and clear as any professionally printed and typeset reference--if we could only break free of the dead hand of the Bluebook and its typewriter aesthetic.

Gun lock safety
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[info]ouij
You know the story: Dad has a gun. Dad leaves the gun in a place where Junior has easy access to it. Junior finds the gun, plays with it, and ends up killing himself or one of his buddies.

Not pretty. Maybe if Junior had been unable to fire or operate the weapon, he might have been safer. To this end, there was a proliferation of trigger and slide locks, along with the public-service announcement campaigns to go with them.

There's only one problem: these locks are totally ineffective according to Engadget's Marc Weber Tobias.

The text (and that of a parallel report on in.security.org) is worrying enough. Most worrying, however, is the video on the Engadget page showing an untrained 11-year-old defeating several common gun locks in seconds with nothing more than an icepick and youthful charm.

(Incidentally, the acid test for lock security seems to be whether a lock can be opened by an untrained eleven year old. Here's a video of an untrained eleven year old girl picking a common pin tumbler lock at DEFCON)

The lesson here: gun locks do not, by themselves, guarantee child safety. If you have guns and kids in the same house, the better option would be to train the kids in basic safety yourself. Remember:



All guns are loaded.
Be sure of your target and what is behind it.
Never point a gun at anything you are not willing to destroy.
Keep your finger off the trigger until the gun is lined up on target.

How NOT to use PowerPoint
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[info]ouij
Via digg, I bring you a helpful guide on How NOT to use PowerPoint by stand-up comic Don McMillan.

PowerPoint was supposed to make your presentations more effective. Unfortunately, most PowerPoint presentations are dense, obscure, and not particularly helpful. Once you realize that you're being subjected to death by PowerPoint, the best you can hope for is that you have merely wasted your time.

Unfortunately, the consequences of some PowerPoint presentations are more serious. In Thomas Ricks' latest book, Fiasco, we discover that the entire Iraq War was conceived, planned, and refined in a series of PowerPoint presentations:



This slide shows how the Pentagon viewed the transition to "Strategic Success" in Iraq. Notice: this slide contains ZERO factual content. Scan taken from Arms and Influence

Let's be blunt: PowerPoint is a tool of the illiterate. The written word, skillfully deployed, can express complex realities. PowerPoint takes those complex realities and makes them into meaningless visual window-dressing.

An Apology for Anonymity
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[info]ouij

Many, if not most of you who are reading this have met me in real life. You know my name. You know what I look like, how I sound. You probably know my taste in food and drink. Yet my proper name appears nowhere on the blog. I don't reveal my personal e-mail address. Those of you who haven't had the dubious pleasure of meeting me in the flesh know me only as [info]ouij.

It's a weak form of anonymity, of course. So why don't I post under my real name? The easy answer is that LJ made me choose a username. I picked one that suited me, and went with it. It's short, sweet, to the point. .

The username abstraction probably has its roots in the utterly boring world of system administration: real names are both too long and too complicated to use as user names, so early on, sysadmins handed out user names. This had the happy side-effect of allowing users to make a "virtual" name for themselves. As one cartoon famously observed, On the Internet, no one knows you're a dog.

Safe in their online identities, anonymous Internet users feel free to write and think in ways that would expose them to ridicule--or worse--if expressed openly. Of course, that same anonymity shelters that most odious denizen of the Internet--the troll--who hurls his rhetorical Molotov cocktails, safely concealed behind his "handle."

In an article in yesterday's Washington Post, Tom Grubisich frets that the Internet's anonymity--which he sees as a lack of "transparency"--is enabling "hate-mongers," allowing them to dominate and corrupt the ideal polis of the Internet. As a means of letting some "sunshine" into the Internet, Grubisich proposes some means of compelling people to post under their real (verifiable) names, except in those cases where Website administrator deems the poster worthy of "whistleblower" protection. The result, according to Grubisich?

If Web sites required posters to use their real names, while giving the shield of pseudonymity when it's merited, spirited online debate would continue unimpeded. It might even be enhanced by attracting contributors who are turned off today by name calling and worse. Except for the hate-mongers, who wouldn't want that?

I wouldn't, for one. Who judges when pseudonymity is "merited"? If Grubisich is suggesting that individual administrators are doing the judging, then I fail to see how his ideal Internet is any different from the Internet that I use every day. Site administrators and moderators--and I count myself among their number--are, if nothing else, human. There are countless blogs, message boards, newsgroups, etc. Each one of these is ruled by its own administrators. Not all of them are going to be upright and righteous. Admins can be petty and capricious rulers, shamelessly protecting their friends and harassing their enemies. No single standard of "merit" for pseudonymity exists other than what each administrator will permit. Absent any compelling reason to do so, why should they change to suit a newspaperman who's been trolled one too many times?

But let's imagine Mr. Grubisich's Brave New Internet comes to pass, with some presumably benevolent force compelling us to speak in our own names. What happens if our opinions put us on the wrong side of the government? Mr. Grubisich airly reassures us that our identities are protected by a "high legal bar from subpoena seekers." All well and good, the fact remains that under this regime, our the data that would reveal our identities would be retained by site administrators. What's to say that those administrators won't bow to public pressure to reveal our identities? Why should the state need a subpoena to compel them to do so? Recent history suggests that the State could appeal to administrators' "patriotic" sensibilities, and, when that fails, well, nothing stops them from seizing the data themselves by sheer extra-legal force. The chilling effect on free speech should be too obvious to merit further discussion. Would The Federalist have been written if Publius had been compelled to post as Madison, Hamilton, and Jay?

Mr. Grubisich complains that common Internet users have no way of being ignored and "frozen out" of the process. This is false. Internet users have been dealing with trolls since the early days of the Internet with common sense and basic decency.

First, and most importantly, we ignore the trolls. Just because a comment is posted does not mean that it deserves to be read. It is easy enough to know who the trolls are in any given community. Once spotted, it's a simple matter of instructing your software to ignore all traffic from them. Starved of attention, the troll rants and raves in his own private world, safely rendered irrelevant by the online community's disdain. As I've said many times before--a well-configured killfile is often your best defense against being trolled.

Second, we can drown the trolls out. The fact that some users insist on bringing down the tone in any given community should make us fight that much harder to keep the tone civil. If enough of us persevere in doing unto other as we would have them do unto us, we can easily overcome the minority of trolls. Calling for extraordinary help to combat trolls is surrendering to their brutishness. If Mr. Grubisich wants Big Brother to verify the truth and civility of online discusions, then, sadly, the terrorists have won.

Of course, simply ignoring the trolls was a lot easier when Internet discussions were truly decentralized on USENET: every user had his own killfile, which he could use to instruct his newsreading software not to download offending messsages. Unfortunately as discussions have shifted to more centralized forums--web-based boards and blogs--that individual filtering ability has not kept pace.

Surely this suggests the virtues of *less* centralization, rather than more? Users are their own best judges.


Personal Diplomacy in the Internet Age
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[info]ouij

Amid all the continuing hype that continues to surround the internets, one thing continues to amaze me--the sheer number of ways that we can connect to each other, if we so choose. I, myself, have at least a half-dozen e-mail addresses--some, naturally, get checked more often than others. I am an active member of a few bulletin boards/web forums. There's this blog of course, along with the comments I leave on other blogs. There's my Flickr photostream and my last.fm profile. Oh, yeah, and the myriad social networking websites, too. If you need me in a hurry you could IM me--I've got accounts on at least three major IM networks--or even call me up on the phone: land line, office, or mobile.

In previous generations, personal communications was, well, personal--one would have to speak to people directly, or at the very least, one would have to write to them in one's own hand. Of course, if one happened to be a large corporate entity--a government, say--there was a large spectrum of possible contacts and levels of communication: technical-level talks among low-level representatives, embassies, foreign ministers, heads of government, summit talks, and so on.

In 1962, as the U.S. and the U.S.S.R. faced off in the Cuban Missile Crisis, Kennedy and Khrushchev engaged in an elaborate kabuki of signal and counter-signal: public declarations, secret telegrams, statements read over shortwave radio.

This complex web of signals--of contacts across different media--is the bread and butter of diplomatic relations. A skilled diplomat will be able to use these varying levels of contact to keep lines of communication open almost constantly. Richard Nixon's trip to the Peoples' Republic of China only became possible because of the success of his earlier, informal, Ping-pong diplomacy Meanwhile, on the other side of the Taiwan Straits, the Taiwanese government maintains quasi-diplomatic ties with the rest of the world through a network of "trade offices." Messages can be passed through third parties. Multilateral organizations become "back channels" of communication, even among enemies.

The Internet has given me--and everyone on it--the same back-channel communications abilities that were previously the realm of foreign ministries. We can be, as it were, in diplomatic contact with each other over the Internet--passing messages and receiving signals over any number of channels, public or private. Every new account I open, every profile I post, every forum or newsgroup or listserv, I am saying to the world "I can be reached here."

It's liberating, in a way. I can now be in contact--if only diffidently--with people with whom I would otherwise not be in contact. But, on the other hand, personal diplomacy brings with it the same ambiguities as real diplomatic relations do--I can never really be sure whether my message is getting out, or what channel to use to get it out.


This is just to say that
self, camphone, eye
[info]ouij
I've been turning off my radio a lot lately.

There's only so much grief and concern that I can take on my radio dial. I know this is how people grieve--even for strangers--but I must admit that I'm strangely detached from the public expressions of sorrow. I didn't know anybody involved in the recent VT bloodbath (though I could have easily done) so I tend to focus on the bare facts (such as they are at the moment) to get my head around what happened.

I'm shocked and amazed at how this all played out, and the sheer scale of the catastrophe--VT suffered more dead and wounded in a single day than the entire American occupation force in Iraq for that same day.

Several things keep bugging me, notably the time all of this took to transpire. Dozens of rounds fired; several reloads. Each round fired methodically. That all takes time--and I'm amazed that there was simply no way to get to the situation in time.

I'm even more amazed that the authorities chose to lift whatever lockdown or alert they had declared after the 7:15 shootings. This will emerge as a critical fact in the inevitable civil liability suit--and, mark my words, someone is civilly liable here.

Now we'll see the cheap political posturing begin. The gun control lobby (plus most of the European press) has already begun to paint this in lurid colors. It seemed to me that all the illustrations over all the articles by gun-control writers featured prominent outlines of assault rifles--as if the shooter walked in and sprayed everybody with three or four bursts of automatic fire. In response, the gun lobby will turn out with rallies and calls for more armaments everywhere. Both sides will wrap themselves in the mantle of grief. All I see is a cynical manipulation of the news to suit their ends, and a stubborn refusal to debate or discuss the particular facts of the event.

God, please give the victims and families the peace to grieve--alone, if need be. They have already seen enough ugliness without having to be made props in someone else's political sideshow.

300
self, camphone, eye
[info]ouij
If you treated '300' as a serious depiction of Greek life in the second struggle against the Persian Empire--you must either be joking or have a scandalously defective understanding of Ancient Greek history and culture.

I went to see '300' with a good friend of mine. He's a classicist by training, and we had been schoolboy Latinists together. (He can probably cobble together more Greek than I can by now, as well). We laughed through the whole movie. We continued laughing, up to the point of weeping, for almost an entire hour thereafter.

Why?
Spoilers and Rant )

U Street Blues
self, camphone, eye
[info]ouij
I was walking along U street last night. A half-dozen black girls were chattering. I paid 'em no mind.

Then I heard it.

Ching chong ching chong ching.

I kept walking.

chink chink chink chink chink

I kept walking, but now my jaw was clenched,

He's thinking--goddamn black motherfuckers! I heard one say, and laugh. Then, whispering. Footsteps quick behind, and one tried to check me on the left, but lost her nerve. Saw me through his glasses! she said, scurring forward, giggling. One passed me on the right, pulling her hood up to hide her face. He ain't seein' MY face!

Now I lost my cool.

"Already saw it," I said, probably with more of an accent than I intended.

"OOOh, whatchoo gonna do, call the COPS?!"

"You gonna make me?"

The girls scampered off down U street, giggling.

It took me a few seconds and a few breaths to get my composure back. It had been a long time since anyone had called me a chink, still longer since anyone had thought it was a good idea to pick on me and push me around just because I was a chink. I was furious. Should I have turned around angrily and berated them? What should I have said? I never called you nigger--why do you have to call me a chink?

I was disappointed, most of all. A hundred and fifty years of progress in this country, and still we're doing this to each other?

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