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Judge's Random, Unrelated Rant Against Facebook Leads To Child Porn Sentence Being Overturned

from the wtf? dept

I recognize that there are some people out there who really just don't like social networking or Twitter or Facebook, but I'm often amazed at how this sometimes leads people to blame other societal woes on those kinds of things. That apparently happened with a judge in a child porn case. The actual case itself sounds somewhat horrifying. A 56-year old woman, Laura Culver, was sentenced to 8 years in prison for collaborating with another person, Edgardo Sensi, to film an 8-year-old girl engaging in sexually explicit content. As I said: horrifying. Assuming all that is true, I'm happy to see them get locked up for a long, long time (in fact, 8 years seems too short).

However, that sentencing has now been sent back to the lower court, because the judge who issued the sentence apparently spent a significant amount of time at the sentencing blaming Facebook for child pornography and attacking Mark Zuckerberg. While the full transcript is sealed (due to the fact that the case involves a minor), the ruling to redo the sentencing includes some details:
In justifying its decision to impose a sentence of eight years instead of six, the district court referenced “Facebook, and things like it, and society has changed.” ... The court speculated that the proliferation of Facebook would facilitate an increase in child pornography cases. The court said it hoped Mark Zuckerberg (who founded Facebook) was “enjoying all his money because . . . he’s going to hurt a lot of people . . . .”
Just one problem: the case had nothing to do with Facebook. In fact, it had nothing to do with the internet. And yet the judge claimed that he upped her sentence because of Facebook:
Culver is correct that the court’s lengthy discussion of Facebook had no clear connection to the facts of her case. It is plain error for a district court to rely upon its own unsupported theory of deterrence at sentencing, especially where, as here, that theory has little application to the actual facts of the case itself.... This error undoubtedly affected Culver’s substantial rights; the court stated that it would have granted a sentence of six years if not for its concerns about Facebook and general deterrence. See Sentencing Hr’g Tr. at 42 (“[W]hat we’re looking at is general deterrence, and the general deterrence is very important, and frankly, that’s why I went to eight [years] instead of six.”).
While the government defended the judge's rant, the appeals court points out that given the lack of any connection to the internet at all in this case, it clearly didn't make any sense:
The government argues that the district court was merely concerned about the extent to which various new technologies may facilitate child pornography, rather than Facebook specifically. In that sense, Facebook was a reference to the internet, using synecdoche. But the government does not explain (because it cannot) the role of new technology in this case. Culver did not use the internet to commit her crime, and it should not have played a predominant role in her sentencing.
The court further notes that a sentence of 8 years may be entirely appropriate. In fact, it points out that this is below the minimum sentencing guidelines, though it sounds like the court gave Culver a "lower" sentence for cooperating against Sensi, but still notes that the "particularly abhorrent" nature of her crime may still mean that the eventual sentence (or even more) is appropriate, but "that discretion should be exercised without the influence of procedural error."

Indeed. Oh, and in case you're wondering, the judge in question, Warren Eginton, appears to be nearing 90 years old, which may explains some of his misplaced hatred for things like Facebook.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    Akari Mizunashi (profile), Apr 15th, 2013 @ 7:18am

    Next case to show up on Techdirt: "Facebook made me do it."

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:06am

    Which begs the question... why are judges all so old? Is there a law to force lawyers out of retirement to become judges?

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:14am

    All the more reason why all government employees, including politicians and judges, need a mandatory retirement age.

     

    reply to this | link to this | view in thread ]

  4. This comment has been flagged by the community. Click here to show it
     
    identicon
    out_of_the_blue, Apr 15th, 2013 @ 9:19am

    Substitute one word, and is apt for Mike's mania:

    I recognize that there are some people out there who really just don't like copyright, but I'm often amazed at how this sometimes leads people to blame other societal woes on those kinds of things.

    And I think it's obvious that this item ALSO fits into Mike's pro-Facebook, pro-Zuckerberg template -- otherwise, it's got no relation to tech, is just a legal anomaly that'll soon be corrected.

     

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  5. This comment has been flagged by the community. Click here to show it
     
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:21am

    Nice ageist dig at the end there, Mike. You are just too cool for this world.

     

    reply to this | link to this | view in thread ]

  6.  
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    That One Guy (profile), Apr 15th, 2013 @ 9:21am

    Re:

    Different people go downhill at different rates, so a mandatory age wouldn't really be any good. Now mandatory psych tests on the other hand...

     

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  7.  
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    That Anonymous Coward (profile), Apr 15th, 2013 @ 9:22am

    And this is what happens when they keep blaming everything on technology. If not for Facebook existing these horrible people wouldn't have committed this crime that has been happening for years well before Zucks ever stole the idea.

    Maybe it is time to make sure that Judges know not only the law, but are connected to reality.

     

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  8.  
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    Zakida Paul (profile), Apr 15th, 2013 @ 9:27am

    News flash

    Old man yells at cloud

     

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  9.  
    identicon
    Digitari, Apr 15th, 2013 @ 9:28am

    Re: Substitute one word, and is apt for Mike's mania:

    I'm sure this Judge hates TV as well, all those moving pictures cause impure thoughts ya know.... Radio rules

     

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  10.  
    identicon
    Rich, Apr 15th, 2013 @ 9:28am

    Re:

    It amazes me that people have no problem with agism, as long is it affects someone else.

     

    reply to this | link to this | view in thread ]

  11.  
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    DannyB (profile), Apr 15th, 2013 @ 9:31am

    Re: Substitute one word, and is apt for Mike's mania:

    Consider that there are plenty of reasons not to like (excessive) copyright without resorting to other societal woes.

    I didn't think it pro-Facebook or pro-Zuckerberg (did you read the article?). I thought it about the ignorance and biases of a judge, and injecting his ignorance into a sentencing. While I agree with his longer sentence, he should have used rational reasons to support it.

     

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  12.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:32am

    Re: Ditto

    I hate Facebook and am 47. Are my feelings partly explained by my age? What is the magic number below which Facebook hatred would not be age based?

     

    reply to this | link to this | view in thread ]

  13.  
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    Chuck Norris' Enemy (deceased) (profile), Apr 15th, 2013 @ 9:33am

    Re: News flash

    ...child rapist goes free

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:33am

    what this shows, yet again, is that those that hold positions whereby they can influence the lives of others to a substantial degree are at ages where they have no grasp of the world in which we live. the technology today is beyond the comprehension of many of them, yet they still hold positions such as here. those in Congress are the same, as are those in execs positions in industry. the majority have no idea how things work and have others do the work for them, essentially making them 'heads in name only'! that leads to the opinions etc of others being expressed under someone else name. what needs to happen is all those over 60-65 years should be forced to retire before complete fuck ups are made. oh damn! too late!!

     

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  15.  
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    DannyB (profile), Apr 15th, 2013 @ 9:36am

    Re:

    Nice dig there anonymous coward. You are just too cold for this world.

    While not all old people are out of touch with present day society and culture, many are.

    When it becomes manifestly obvious that an old judge injects irrational biases into a sentencing, I don't think it is ageist to raise the question of being out of touch due to age. These particular biases are clearly age based. Young people use these new technologies disproportionally more than old people.

     

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  16.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:37am

    Re: Re: Ditto

    I hate facebook and I'm 36 - my wife hates facebook and she's 32.

    Fact is: some people simply hate facebook. This judge, on the other hand, hates it for purely irrational reasons ;)

     

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  17.  
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    Anonymous Coward, Apr 15th, 2013 @ 9:39am

    I think the appeals court got this right. Have the woman be re-sentenced by a judge who is going to go by what the person did and not what they think someone else using Facebook will do.

    According to the appeals court, "An eight-year sentence was still a twenty percent reduction below the bottom of the recommended Guidelines range." Which means she very well may get ten years, instead of eight, when she's re-sentenced.

     

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  18.  
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    Anonymous Coward, Apr 15th, 2013 @ 9:42am

    It's not a problem with the judges age, or that he hates facebook. The problem is it had nothing to do with the case, and he biased his judgement on it.

     

    reply to this | link to this | view in thread ]

  19.  
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    DOlz, Apr 15th, 2013 @ 9:42am

    Re: Re:

    Are you trying to put all of congress on the streets? Yeah, I'm looking at you Louie.

     

    reply to this | link to this | view in thread ]

  20.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 9:43am

    Re: Re: News flash

    No. Child rapist does not go free. Child pornographer gets re-sentenced by a judge who will hopefully judge her based on what she actually did - which did not involve Facebook or even the Internet - and may well give her MORE time. Her conviction was not overturned, and she's not going to get probation for this.

     

    reply to this | link to this | view in thread ]

  21.  
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    DannyB (profile), Apr 15th, 2013 @ 9:43am

    Re: Re: Ditto

    I am older than you, have always and continue to embrace technology, yet I also have no love for Facebook.

    Forget the magic number for Facebook. Imagine what a graph would look like showing the use of all sorts of new technologies (even early automobiles, or telephones) by age -- and perhaps newness of the technology.

    There may be other reasons people like or dislike Facebook, regardless of age. More generally, look at things the judge is actually ranting at. "Facebook and things like it, and society has changed". That shows he cannot clearly articulate what he is complaining about, despite judges presumably being skilled at using language.

    The judge clearly has an anti technology bias that is age related. That is not ageist. That is just obvious about this particular individual.

     

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  22.  
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    Gabby Johnson, Apr 15th, 2013 @ 9:45am

    Re: Re: Re: Ditto

    'rbid!

     

    reply to this | link to this | view in thread ]

  23.  
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    Gwiz (profile), Apr 15th, 2013 @ 9:45am

    Re: Substitute one word, and is apt for Mike's mania:

    Oh look. More ankle-biting from Blue. Figures.


    Hey Blue, you ever gonna respond to anyone who disputes the crap you spew forth and label as "facts"?

    You know that every time you fail to do so it reenforces the sentiment that you are full of shit, don't you?

     

    reply to this | link to this | view in thread ]

  24.  
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    Throwdini, Apr 15th, 2013 @ 9:53am

    "misplaced hatred for things like Facebook"

    The placement of that hatred is entirely appropriate. It's just irrelevant to the case.

     

    reply to this | link to this | view in thread ]

  25.  
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    John Fenderson (profile), Apr 15th, 2013 @ 9:58am

    Re: Re: Re: Ditto

    My daughter hates Facebook, and she's 21.

     

    reply to this | link to this | view in thread ]

  26.  
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    Anonymous Coward, Apr 15th, 2013 @ 9:58am

    Seriously what the fuck? In the one case that it's actually "for the children" the judge just had to go and fuck it up with his ingenious idea to tag a few more years on.

    What an asshole...

     

    reply to this | link to this | view in thread ]

  27.  
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    Anonymous Coward, Apr 15th, 2013 @ 10:00am

    Who give a fuck why the judge upped her sentence? She's a vile diddler and deserves 8 years at a minimum. I wouldn't care if the judge increased her sentence because he didn't like her shoes. It's hard to believe this is on Techdirt just because Facebook was mentioned.

     

    reply to this | link to this | view in thread ]

  28.  
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    Josef Anvil (profile), Apr 15th, 2013 @ 10:12am

    Re: Re: Re: News flash

    This just in...

    Old man yells at cloud. Blames cloud for earthquake, but not rain.

     

    reply to this | link to this | view in thread ]

  29.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 10:17am

    Re:

    "Who give a fuck why the judge upped her sentence?"

    Some of us case about due process.

    "I wouldn't care if the judge increased her sentence because he didn't like her shoes."

    Perhaps you wouldn't care if he increased HER sentence. But what if he was upping YOUR sentence for an invalid reason? Or the sentence of some poor guy arrested for changing his MAC address in a closet? Nah, THAT could never happen...

    Justice should be demanded in ALL cases, not just the ones where we like the defendant.

     

    reply to this | link to this | view in thread ]

  30.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 10:24am

    Re: Re:

    He probably can't even drive anymore but decides of the faith of people? It amazes me that people have a problem with agiesm (fixed that for you).

    20 years after everyone else is forced into retirements, the judges come along. Really?

     

    reply to this | link to this | view in thread ]

  31.  
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    Reality Check (profile), Apr 15th, 2013 @ 10:40am

    Substitute one word, and is apt for OOTBs mania:

    I recognize that there are some people out there who really just don't like techdirt, but I'm often amazed at how this sometimes leads people to blame other societal woes on those kinds of things.

     

    reply to this | link to this | view in thread ]

  32.  
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    streetlight (profile), Apr 15th, 2013 @ 10:47am

    Blame Kodak for making film or camera makers

    Maybe a bit off topic, but this judge probably would would blame Kodak because they make film used in making illegal movies or the camera makers for the hardware use in such enterprises. Sad. Time for impeachment which is allowed by state or the federal constitutions.

     

    reply to this | link to this | view in thread ]

  33.  
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    btr1701 (profile), Apr 15th, 2013 @ 10:52am

    Re: Re:

    > It amazes me that people have no problem with
    > agism, as long is it affects someone else.

    It's hardly ageism to note that virtually every other profession (other than the self-employed) have mandatory retirement ages, yet for some reason we let judges sit up on the bench making decisions with far-reaching impact on both individuals and society in general until they keel over in their robes.

     

    reply to this | link to this | view in thread ]

  34.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 10:56am

    Re: Re:

    I have no problem with old judges as long as they are ruling on something that isn't foreign to them.
    With age brings wisdom however it doesn't translate well to technology.

     

    reply to this | link to this | view in thread ]

  35.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 10:57am

    Something good came out of all this. I learned a new word. Synecdoche.

     

    reply to this | link to this | view in thread ]

  36.  
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    Ninja (profile), Apr 15th, 2013 @ 11:15am

    As long as they pay for the crime I find this to be reasonable. Facebook had absolutely nothing to do with the case so why all the hatred? Senile dementia much?

    In any case the judge may have a point because Facebook did increase children exposure to strangers. Btu then again Facebook is not to blame. Bad parenting is.

     

    reply to this | link to this | view in thread ]

  37.  
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    John Fenderson (profile), Apr 15th, 2013 @ 11:44am

    Re:

    Who give a fuck why the judge upped her sentence?


    Anyone who cares about rule of law cares deeply about why judges make their rulings. That we all might agree with the result doesn't mean we should ignore problems with how the result was obtained.

    I wouldn't care if the judge increased her sentence because he didn't like her shoes.


    You might not care about justice, but I (and I hope most people) do.

     

    reply to this | link to this | view in thread ]

  38.  
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    R.H. (profile), Apr 15th, 2013 @ 12:00pm

    Re: Re: Re:

    On topic: As long as you can do the job you shouldn't be forced to retire. If this judge is found to be incapable of performing his duties then maybe he should be removed, otherwise, his age should have nothing to do with it.

    Slightly off topic: Please don't correct other people's spelling with incorrect spelling of your own. It's spelled 'ageism'.

     

    reply to this | link to this | view in thread ]

  39.  
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    The Groove Tiger (profile), Apr 15th, 2013 @ 12:10pm

    Re:

    If you're in favor of the judging sending child pornographers to jail because of their shoes (as opposed to, you know, making child porn) then you must also be in favor if someone sends you to jail because of your shoes.

     

    reply to this | link to this | view in thread ]

  40.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 12:47pm

    Re: Re: Re:

    I did not know that a judge could tell people what faith to follow.
    I assume you mean fate.

     

    reply to this | link to this | view in thread ]

  41.  
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    AzureSky (profile), Apr 15th, 2013 @ 2:04pm

    Re: Re:

    i guess you could say I have an issue with old farts who dont understand todays society and technology being in a position to rule on cases and laws where such knowledge is of great import.....this case is a good example of a judge thats is not only old but, clearly a technophobe/troglodyte, his rant does a good job proving to me that he shouldnt be ruling on cases in this day and age.....

    not all old people are like this, and some young people are....hell, for all the fun people made of ted stevens, at least he tried and at least he got that net neutrality was important....

     

    reply to this | link to this | view in thread ]

  42.  
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    AzureSky (profile), Apr 15th, 2013 @ 2:15pm

    Re: Re: Re: Re: Ditto

    smart girl.....is she cute? :P

     

    reply to this | link to this | view in thread ]

  43.  
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    Vic B (profile), Apr 15th, 2013 @ 2:28pm

    Agism...Really?

    Of course there should be a mandatory retirement age for lots of professions! Be it based on age or motor/psych evaluation doesn't matter but why should businesses be burdened by individuals living their retirements at work? At my job there are several guys in their late 60's who can't be let go for fear of getting sued for age discrimination and yet aren't able to keep up with the speed of change, from computer to smartphone usage to simple drive to get things done. I say let them go and rehire them as consultants when there's a specific need for their experience and let new blood in the workforce!

     

    reply to this | link to this | view in thread ]

  44.  
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    X, Apr 15th, 2013 @ 3:11pm

    Pics or it didn't happen.

     

    reply to this | link to this | view in thread ]

  45.  
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    John Fenderson (profile), Apr 15th, 2013 @ 3:37pm

    Re: Re: Re: Re: Re: Ditto

    She's not of Facebook anymore, so it doesn't matter!

     

    reply to this | link to this | view in thread ]

  46.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 4:40pm

    Re: Re:

    If the judge screwed up this bad in sentencing how bad did he screw up the trial?

     

    reply to this | link to this | view in thread ]

  47.  
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    Chronno S. Trigger (profile), Apr 15th, 2013 @ 6:32pm

    Re: Re:

    Different people also go uphill at different rates, yet we have minimum driving ages, minimum drinking ages, and quite a few other things including President and Representative.

     

    reply to this | link to this | view in thread ]

  48.  
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    nasch (profile), Apr 15th, 2013 @ 9:14pm

    Cruel and unusual?

    This error undoubtedly affected Culver’s substantial rights; the court stated that it would have granted a sentence of six years if not for its concerns about Facebook and general deterrence. See Sentencing Hr’g Tr. at 42 (“[W]hat we’re looking at is general deterrence, and the general deterrence is very important, and frankly, that’s why I went to eight [years] instead of six.”).

    Hasn't it been found unconstitutional to give someone a harsher sentence in order to make an example of them as a deterrent?

     

    reply to this | link to this | view in thread ]

  49.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 11:47pm

    senility is a terrible thing.

    the court would like you to get off it's lawn

     

    reply to this | link to this | view in thread ]

  50.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 11:55pm

    Re:

    Not when the judge slings mud at Mark for creating an engine of pedophilia. He may has well blame mercades for cars used for transporting dead bodies or gutenberg for creating a way to distribute communist propaganda

     

    reply to this | link to this | view in thread ]

  51.  
    identicon
    Anonymous Coward, Apr 15th, 2013 @ 11:57pm

    Re:

    Diddler?

    Makes me think of ned flanders.

     

    reply to this | link to this | view in thread ]

  52.  
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    PaulT (profile), Apr 16th, 2013 @ 12:24am

    Re: Re: Substitute one word, and is apt for Mike's mania:

    "(did you read the article?)"

    Check the user name - probably not, or at least he did so with his usual lack of comprehension of what was actually written.

     

    reply to this | link to this | view in thread ]

  53.  
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    PaulT (profile), Apr 16th, 2013 @ 12:38am

    Re: Re: Ditto

    I like Facebook (for the most part anyway), and I'm 38 in a few weeks. Age has nothing to do with it, unless the reasons for dislike involve a general lack of understanding of technology or a fear of the new, in which case those reasons tend to be more prevalent among older folk. Either way, each to their own - unless you try to tell me what I should and shouldn't be using, in which case we have an issue.

    As for the judge's age, I think it is relevant to some degree. He seems to be harbouring a misplaced hatred for a service that didn't exist until he was 80 years old, and wasn't available to the general public until he was 82. It's not exactly misplaced to believe that his age might have something to do with his fear of this technology, or his apparently lack of understanding of its usage or relevance to the cases in front of him.

     

    reply to this | link to this | view in thread ]

  54.  
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    nasch (profile), Apr 16th, 2013 @ 6:25am

    Re: Re: Re: Ditto

    I like Facebook (for the most part anyway), and I'm 38 in a few weeks. Age has nothing to do with it

    Come now, you know the whole data/anecdote thing! Age has a great deal to do with social networking use:

    http://pewinternet.org/Commentary/2012/March/Pew-Internet-Social-Networking-full-detail.aspx

    No other factor they studied (race, sex, income, education, urbanity) had as big a correlation with social network use as age.

     

    reply to this | link to this | view in thread ]

  55.  
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    PaulT (profile), Apr 16th, 2013 @ 6:48am

    Re: Re: Re: Re: Ditto

    That might explain usage perhaps, but dislike or even hatred of Facebook specifically? There's a difference between choosing not to use a service and being opposed to it in any way (I, for example, have never really seen the appeal of Pinterest, but I don't begrudge either that service or others who use it). In that study, I also wonder if they looked at regular usage vs. occasional usage - e.g., I know many people who would say they use Facebook, but some are daily users and others log in a couple of times a month at most. Hardly the same thing. It's also worth noting that the lower usage for older demographics on the report are for social networking as a whole, whereas the criticism above is solely regarding one network, singled out against all others.

     

    reply to this | link to this | view in thread ]

  56.  
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    nasch (profile), Apr 16th, 2013 @ 7:22am

    Re: Re: Re: Re: Re: Ditto

    That might explain usage perhaps, but dislike or even hatred of Facebook specifically?

    Yeah I have no idea, I doubt if anyone has studied that.

    In that study, I also wonder if they looked at regular usage vs. occasional usage

    Don't know, but I'd bet somebody has.

    It's also worth noting that the lower usage for older demographics on the report are for social networking as a whole, whereas the criticism above is solely regarding one network, singled out against all others.

    Actually I think he said Facebook and things like it. So FB was the only one named but not intended as the only target of his judicial wrath.

     

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  57.  
    identicon
    Artiewhitefox, Apr 16th, 2013 @ 7:57am

    We are all under the sentence of death.

    We are all under the sentence of death. That is what it means when the KJV bible says all have sinned falling short of the kingdom of God. How can a person who has fallen short of the kingdom of God do to another what God alone does? Gods light alone gives wrath. In a body that dies give wrath arresting condemning see Gods light as wrath.

     

    reply to this | link to this | view in thread ]

  58.  
    icon
    Aaron (profile), Apr 16th, 2013 @ 10:29am

    Re:

    Pronounced "sih-neck-doe-KEY," remember, not "sih-neck-doesh"

     

    reply to this | link to this | view in thread ]


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