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stories filed under: "california"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
california, joaquin avila, laws, lawyers, monopoly rents, regulatory capture, rent seeking, robert rubin



Lawyers Write Law, And Then Are The Only Ones To Make Millions Directly Off Of It

from the regulatory-capture-and-rent-seeking dept

It's difficult not to become even more cynical when you read stories like the following one. Sent in by Eric Goldman, it's about a state law in California that was mainly written by two lawyers: Joaquin Avila, a law professor from Seattle, and Robert Rubin, the "legal director" for the Lawyers' Committee for Civil Rights of the San Francisco Bay Area. So, here's the interesting thing: since this state law has been put in place (seven years ago), the only lawsuits have been brought by Rubin's committee or Avila and they've made themselves over $4 million with a few more lawsuits pending and a bunch more threatened (again, all from either Avila or Rubin's committee).

What a great deal: write a law, and then be the only lawyers to use the law to make millions.

As for the law itself, it was a law that apparently very few people were asking for -- requiring that state courts carve out specific districts that favor minority groups, so they are not excluded from local elections. Here's how the AP describes it:

The California statute targets commonly used "at-large" elections -- those in which candidates run citywide or across an entire school district. Avila said that method can result in discrimination because whatever group constitutes the majority of voters can dominate the ballot box and block minorities from winning representation. As a remedy, the law empowers state courts to create smaller election districts favoring minority candidates.

Officials in several California communities said they never heard complaints of voter discrimination until the lawyers stepped forward. In one case, the Tulare Local Healthcare District, now known as Tulare Regional Medical Center, was sued even though its five-member governing board is a rainbow of diversity -- two emigres from India, a Hispanic, a black and a white. The lawsuit argues Hispanics, who make up about a third of local voters, have been shortchanged.
Of course, there are many reasons why the exact makeup of a governing board might not match the exact percentage of the population (including the simple fact that most people vote on issues, not the ethnicity of the people they're voting for). But, even if there was a problem it seems highly questionable that the two lawyers who wrote the bill are now profiting tremendously from it and appear to be the only ones who do so.

It's stories like this one that make us so nervous about so much legislation. This is the type of law they create: it maysound good (who's going to argue against diversity?). But, the actual law appears to have been nothing more than a way for these lawyers to go around collecting millions, while disrupting communities and schoolboards, and sending their taxpayer money to these lawyers.

27 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
california, redlight cameras, san mateo

Companies:
redflex



Yet Another Redlight Camera Program Found To Be Illegal

from the down-goes-another-one dept

Jeff Nolan points us to the news that yet another redlight camera program in California has been struck down as illegal, this time in San Mateo (right up the road from where I live). The details are a little technical, but effectively, California law doesn't allow municipalities to do deals with redlight camera vendors, where the vendor gets a percentage of the money brought in by tickets. San Mateo tried to get around this by giving the vendor (Redflex, of course) a cut up to a certain level. However, the judge didn't buy that, and rejected the ticket that was at issue. The lawyer who handled the case is thinking about now turning this into a class action lawsuit against various municipalities doing the same thing -- and potentially against Redflex. (Full disclosure: Just recently -- long after I'd written about how awful these cameras are, my wife got a ticket from one of these redlight cameras... in San Mateo, for the exact same thing as the guy who won this lawsuit: a right turn on red, without a full stop).

35 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
california, corona, redlight cameras

Companies:
redflex



California City Looks To Evade Laws On Redlight Cameras

from the but-look-who-benefits dept

The city of Corona, CA is apparently looking to change the way it deals with redlight camera violations in an effort to avoid having to cough up some of the money it gains from redlight fines to the state and the county. They claim that this is to lower the fines that those caught by the cameras have to pay, and are positioning it as such, but it seems that residents aren't buying it. Beyond trying to evade California laws on redlight camera violations, it actually means the city would get more cash from such violations, and has some other nefarious effects. As Jeff Nolan notes, it's also of questionable constitutionality:

The problem here is that Corona is shredding the Sixth Amendment of the U.S. Constitution, the right to a trial by jury. By reclassifying a moving violation (a traffic offense governed by the vehicle code) to an administrative violation (governed by the appropriately named government code) Corona is doing something really nefarious. In order to appeal an administrative citation you have to admit guilt, pay the full fine, and then apply for a hearing in front of an administrative official, not a judge in a court. The city could simply deny all hearings for administrative violations or schedule them far out in advance knowing full well that they have your money, which you had to pay before you could appeal.
The original article also notes that the majority of such fines are not on people running redlights directly, but people doing rolling stops before doing a right turn on red -- an action that very rarely leads to an accident. But it sure does dump lots of money in city coffers.

34 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
california, journalism, shield law, student



Journalism Student Protected By California Shield Law

from the journalism-in-action dept

Earlier this year, we wrote about a journalism student who witnessed a murder while doing a photojournalism project. While police were trying to get information from him, he invoked California's shield law for journalists, allowing them to protect "sources." The case is complex on a number of different levels -- from the fact that the kid is a student, not a full-time journalist, to the fact that the information on the murder wasn't directly a source from whom he was learning info, but something he just witnessed. The other complicating factor is the idea that the student could put his life in danger by revealing what he saw. Either way, a judge has ruled that, indeed, California's shield law protects this student and he does not need to reveal what he saw. The police are not happy, and referred to the student as a "coward," which seems a bit harsh.

37 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
affiliates, california, sales tax, taxes

Companies:
amazon, overstock



California Promises No Sales Tax Due To Affiliates To Keep Amazon/Overstock Affiliates Happy

from the someone's-been-watching dept

In the last few weeks we've seen companies like Amazon drop affiliates in a bunch of different states, due to proposals in cash-strapped state legislatures to force the online retailers to collect sales tax even if there are only affiliates in that state. Apparently, California politicians put forth a similar proposal, and following threats from Overstock to drop its local affiliates, Governor Schwarzenegger has promised that no such bill will pass (thanks Eric Goldman). It seems that the willingness for these online retailers to cut off affiliates (and the anger that creates among those affiliates) caught the attention of at least someone with power in California.

14 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by IC Expert,
Carlo Longino


Filed Under:
appeals, california, first amendment, video games



California Appeals Overturned Video-Game Ban To The Supreme Court

from the if-at-first-you-don't-succeed dept

Politicians in California keep trying to push through a ban on the sale of violent video games to minors -- despite the fact that every state that's passed a ban has seen it get tossed out by the courts. The latest setback for California came in February, when an appeals court upheld a lower court's ruling that the ban was unconstitutional, but the state's not finished. Its attorney general, Jerry Brown, now says he's asked the Supreme Court to hear another appeal of the original ruling. It's fairly annoying that Brown sees fit to waste even more taxpayer money (especially given the state's budget woes), but perhaps the only saving grace is that the Supreme Court might take the case and reaffirm what other courts have said all along, and finally put a stop to some of this political grandstanding.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

12 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
amateurs, california, individualism, web 2.0



Did You Know That The Web Is A Plot By A Bunch Of California Cultists To Destroy Your Life? The Sunday Times Tells Me So...

from the uh-what-now? dept

It really is bizarre that nearly every handwaving critique of how "evil" the internet is, from the point of view of elitists who worry about the loss of the old gatekeepers, seems to make every single mistake it accuses the "internet generation" of making. For example, it's difficult to catalog just how many things Bryan Appleyard gets factually wrong in his Sunday Times piece all about how evil the internet is and how it was designed by a bunch of California cultists who are trying to destroy all that is good in the world. What's amazing, for such an elitist article that claims that professionals do news better and that the internet is destroying the ability for the press to do journalism properly, is that he would make a factual error in almost every sentence. It's really stunning, actually.

Late in the piece he notes that "this article -- it always happens -- will be sneered at all over the web by people who cannot think for themselves because they are blindly faithful to the idea that the web is the future, all of it." Ok, fine. Let's not sneer, and let's actually think for ourselves... and how about we correct some of Mr. Appleyard's errors -- just for the fun of it?

The web is in trouble. Last week craigslist, a vast classified-ads site, had to abandon its "erotic services" category because of claims that it was an "online brothel" being used by sexual predators.
Oops. Wrong. First of all, it didn't "have" to do anything. The law (section 230 of the CDA for Mr. Appleyard, and if he wants the relevant cases we can point those out too -- though, this is the sort of stuff we thought the professionals were supposed to look up themselves) is quite clear that Craigslist is protected and it didn't have to do anything. It chose to make a change to the way it handled such ads, but Mr. Appleyard even gets the facts wrong there, in claiming it "abandoned" the category. It did not. It simply moved it to a new area called "adult services," which now has its ads pre-monitored as opposed to post-monitored as before.
And in France L'Oreal discovered eBay could not be forced to stop selling cheap knock-offs of its products.
Oops. Wrong. A French court ruled that eBay was not liable for users selling counterfeit L'Oreal goods (the same way US and Belgian courts have ruled as well). It's not eBay selling the goods. eBay is just the tool and the platform. It's users who sell to each other. And they are still breaking the law. All the court case said was that L'Oreal should have to go after those individuals, rather than forcing eBay to do so. This is common sense, in the same way that we ticket the driver of a speeding car, rather than Ford for making a car that can speed.
After British villages rose up against the intrusion of Google's Street View, Greece has banned the mobile camera cars that put pictures of people's homes and streets on the internet
Oops. Wrong. While British villagers who didn't quite understand how Street View worked got quite upset about it -- that part is true -- their protest went nowhere. The UK's privacy watchdog actually took the time to understand what Google was doing (something Appleyard apparently did not) and said it was fine. As for Greece, it did not ban the camera cars. It simply put the project on hold while it gets more info. That seems like a rather pertinent detail. Oh, and the wonderful professional mainstream media that Appleyard is such a big fan of? It reposted all the embarrassing images that Google took down. So, Google was quick to remove those images, but it was the professional media that actually got them attention. Based on Appelyard's reasoning above, concerning both Craigslist and the L'Oreal/eBay case, the mainstream press is actually guilty of intruding on people's privacy.
Privacy campaigners fear the power of Google and the online ad company Phorm to gather and exploit personal information. They invade your computer, monitor your web-browsing and buying, check where you are and then bombard you with targeted hard sells.
Oops. Wrong. While there are some fears (some more reasonable than others) about Phorm and Google, to lump the two together is quite misleading. The two companies are amazingly different in how they work -- and it's a bit of a stretch to claim that either "gathers and exploits" personal info, though we'll grant that for the time being. The thing that neither of them do, however, is "bombard you with targeted hard sells." In fact, whether you like what either company is doing, the whole point of their targeted advertising is to offer up soft sells that are more likely to get attention, rather than hard sells.

Those are the first two paragraphs alone. From there, he charges that a group of Californians created Web 2.0 as a "cult," in partnership with Google, who somehow proactively monitors everything you do (ignoring, of course, the fact that you have to actually use Google's services for it to monitor anything). Then he complains that free stuff is available online, along with the standard complaints about how he doesn't like social networks and he hates the fact that many people use the web to shop? Why? That's not really explained. The best he can come up with is quoting some guy who insists the internet is a passing fad:
"The internet", says David Edgerton, professor of the history of technology at Imperial College London and author of The Shock of the Old: Technology and Global History since 1900, "is rather passe . . . It's just a means of communication, like television, radio or newspapers."
The evidence for this? Well, that's shaky and non-existent. The evidence against it? Well, I'd say there's a ton. But we'll just start with the obvious one: television, radio and newspapers were all broadcast forms of communication -- one to many. The internet is many to many (and one to one, and one to many). To claim that it's basically the same is like claiming that automobiles are just faster horses.
One great promise of web 2.0 was that it would lead to a post-industrial world in which everything was dematerialised into a shimmer of electrons. But last year's oil price shock and this year's recession, not to mention every year's looming eco-catastrophe, show that we are still utterly dependent on the heavy things of the old economy.
This is just great. Appleyard claims what "the promise" of web 2.0 is, without any citation to back that up. I don't know anyone who ever claimed that the point of "web 2.0" was to "dematerialize" everything into electrons. In fact, many of us have focused on how physical things still matter quite a bit. But, if you're trying to set up the creators of modern web services as evil cultists, you may as well set up a total straw man about what they're trying to do. Because, we all know that the "professional press" never makes stuff up like all those crazy amateurs do.
So what, if not everything, will the web change? The key feature of web 2.0 that is currently driving change is its intense focus on the individual.
That's funny. I could have sworn we were just reading about how the backers of the web were trying to make everything "communal" with all this sharing and "amateur empowerment" and such. And now we're told that web 2.0 is about individualism? Wasn't Appleyard just sneering at all those community sites like Facebook and Twitter -- which are the very opposite of an intense focus on the individual?
Blogging, tweeting and Facebooking all give the individual the unprecedented opportunity to blather to the entire world.
Wait, so communicating with others is all about individualism? I'm confused...
The first objection to this is that it destroys institutions and structures that can do so much more than the individual.
What is this "it" that destroys institutions and structures that can do so much for the individual? Web 2.0? How is "it" destroying anything? "It" is not doing anything at all. However, managers of those institutions who failed to adapt to a new marketplace (and, in the case of newspapers bet the farm on raising way more money than they could ever pay back) certainly had a lot to do with destroying institutions. But, do we see any analysis of that? Of course not.
The Wall Street Journal carried an analysis that is still the best thing I have seen on the subject. But the story needed half a dozen qualified financial journalists to put it together, and masses of research that no lonely blogger could possibly do . . . This throws into relief the intractable fact that the liberty which the web offers to the individual voice is also a restriction on group effort.
Fair enough. Though, I'll say that by far the best analysis I got of the financial crisis came from a series of different blogs (mainly by economists) that understood the issue at a far deeper level than anything I read in the Wall Street Journal. And, the great thing was that many of them did work together. They used those awful "individualistic" tools like blogging, Twitter and Facebook to connect and talk and come out with a much more interesting analysis.
Institutions -- publishers, newspapers, museums, universities, schools -- exist precisely because they can do more than individuals. If web 2.0 flattens everything to the level of whim and self-actualisation, then it will have done more harm than good.
I'm still quite confused by this odd, and totally unsupported theory, that web 2.0 somehow breaks everything down to the individual. In fact, most of us have seen the opposite. The rise of useful communication tools actually make it much easier to create those sorts of necessary institutions on the fly, in a way that's a lot more flexible, meaningful, relevant and useful than the old stodgy organizational structures of the past.
A further objection to the cult's radical individualism is that it doesn't have the intended hyper-democratic consequences. Wikipedia, for example, has tackled inaccuracy and subversion by introducing forms of authority and control that would seem to be anathema to its founding ideals.
Note that Appleyard does not explain what those "founding ideals" are, or how the minor changes to the system over time go against them or somehow prove "radical individualism" (which is still something Appleyard seems to have made up whole cloth) to be wrong.
Bloggery is forming itself into big, institutionalised aggregators such as The Huffington Post and The Daily Beast, and remains utterly parasitic on the mainstream media it affects to despise.
Um... wait. Weren't we just being told a single paragraph ago that blogs were the antithesis of institutions? I mean... it was right there. And now, suddenly, blogs are evil because they're institutions? I'm confused again. And I'm curious how sending sites more traffic is "parasitic," but we've discussed this before.
Even Twitter is already coming to be dominated by conventional, non-web-based celebrity -- Oprah Winfrey in the US and Stephen Fry over here.
Dominated. Mr. Appleyard, you don't have to follow them. I follow neither Oprah nor Fry, and Twitter works just great. I see no domination.
The slightly more sinister aspect of this is that excessive individualism leads with astonishing rapidity to slavish conformity. The banking crisis may not have been caused by the internet but it was certainly fuelled by the way connectivity and speed created a market in which everybody was gripped by the hysteria of the herd.
Now there's a new one. This one comes just three paragraphs after Appleyard tells us that the WSJ had a great analysis of why the financial crisis happened -- though, it appears Appleyard didn't bother to read it. Nor has he apparently read any history of bubbles or mass hysteria. The market crash of 1929? Mass hysteria. Must have been caused by the internet. I'm sure the Dutch tulip craze was caused by the same. There couldn't have been any herd mentality-based bubbles prior to the internet, could there? I'm sure the Sunday Times has a big professional research department (you know, the sort of institutional resources that individualistic bloggers can't afford). Perhaps next time, Appleyard should try using it.
Or there is the weird phenomenon of flash mobs. People agree by text message or tweet to assemble in one place and, suddenly, do so. This was originally intended as a joke or art piece designed to demonstrate sheep-like conformity, but it rapidly became an aspect of cultish libertarianism. It doesn't work. Flash mobs in Russia are simply prevented by cutting off mobile-phone coverage. Old-world politics is more powerful than the web.
Wait, because Russian police cut off mobile phone coverage to stop a flash mob, the whole concept of flash mobs is dead? Again, I'm having trouble seeing how that makes any sense.
And, finally, the everything-free, massively deflationary effects of the web may be over. Rupert Murdoch, head of The Sunday Times's parent company, has said he is thinking of charging for online versions of his papers. The hard fact that somebody, somehow, has to pay for all this is breaking into web heaven.
I like how just the fact that Murdoch is thinking about charging for the news means that the "deflationary effects of the web may be over." Got any data to back that up? Or doesn't the professional press do that sort of thing? Finally, we've already dispensed with the myth that the news isn't paid for. You would think that such a professional would know that subscriptions have almost never paid for the news. Far be it from us, the mere individualistic, cultish amateurs, to actually look at the actual data and point out that subscriptions have almost never even covered the cost of printing and delivery. Journalism has always been paid for by advertising, and just because the content is free online, it doesn't mean that it hasn't been paid for.

I doubt Mr. Appleyard will read this. After all, the web is full of such dangers, and any attempt to correct his factual errors is obviously coming from just another individualistic cultist who cannot think for himself.

44 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
california, first amendment, photos, social networks



More Troubling Proposed Anti-Social Networking Laws: CA Wants Photo Removal Law

from the get-over-it dept

It's amazing what sort of laws politicians will come up with when they overreact to something that new technology allows, without bothering to understand the issue. It appears some California state politicians are upset about the fact that people are uploading photos and videos to social networking sites, and those photos may reveal something the subject of the photo wouldn't like. So, they want to require any site that allows uploads of images or videos to be required to take down that content on request of a subject in that content. Yes, even if the photo or video were taken in public.

In looking over text of the bill (warning: pdf), it looks like the original idea was worse: that social networking sites would be required to prevent anyone from copying an image off of a website. It looks like someone explained to the bill's sponsor how that's impossible. However, even though the bill claims that it's aimed at photos of people who had an expectation of privacy, that doesn't appear to be anywhere in the actual text. Instead, sites would be required to take down content on the request of anyone in the image. Sites would also be responsible for verifying that the takedown request came from the person actually in the photo, though there's no mechanism to determine how. It's also not clear how to deal with photos that involve multiple people.

But, honestly, what's most unclear... is why such a law is needed in the first place? It seems like a major hassle for no good reason whatsoever -- especially in an era where taking photos and sharing them has become the norm for many people.

29 Comments | Leave a Comment..

 
Politics

Politics

by IC Expert,
Carlo Longino


Filed Under:
attorney general, california, chris kelly

Companies:
facebook



What Happens If A Social-Networking Exec Becomes Attorney General?

from the does-not-compute dept

Lots of state attorneys general around the country have been taking shots at sites like Craigslist, MySpace and Facebook. They're generally pretty misguided, and seem to really have more to do with politcal opportunism than anything else. Many of these diatribes are based on a pretty fundamental misunderstanding of the internet and social-networking sites, so maybe we should welcome the news that a senior Facebook exec is thinking about running for AG in California. There's a lot more than internet issues to the AG's job, but hopefully if the exec, Chris Kelly, got elected, he could inject some intelligence into the other state AGs' moral panics over online activity -- though given the way they react to disagreement, that's probably just wishful thinking.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

5 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
california, economics, education



Just As We Need More Economics Education, Why Is California Looking To Limit It?

from the bad-news dept

At a time when our economy has gone through one of the biggest upheavals most of us have lived through, you would think that people would be realizing that perhaps it would be helpful to have more people have at least a basic economics education. Not in California, apparently. Economist Greg Mankiw notes that the state of California is considering half of the current economics class requirement to cover personal finance issues, rather than actual economics. Personal finance -- while related to economics -- is not economics. Already, the economics requirement is a single semester, rather than two semesters like many other required classes. As Mankiw notes:

The legislation is akin to requiring high school biology teachers to spend half their class time on issues of personal health and nutrition. Personal finance is a useful life skill, but students need a more thorough grounding in other basic economic principles than what can be learned in the other half of a single semester course. They need a framework to think about such as topics as market outcomes, price controls, taxes, international trade, environmental regulation, monetary and fiscal policy, and so on. The goal of high school economics should be to produce not just smarter decision makers at a personal level but better informed voters on election day.
Many of the bad decisions we talk about on a regular basis would be a lot less serious if people had a grounding in basic economics -- so it's quite sad to see educational goals heading the wrong way.

33 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anti-slapp, california, defamation, eff, patents, slapp

Companies:
eff, seer systems



Company Threatens EFF With Defamation In Response To EFF Trying To Bust Its Patent

from the slappity-slapp-slapp dept

Back in January, we noted that the EFF had scored another hit in its ongoing patent-busting project, getting the USPTO to re-examine a patent held by Seer Systems. It appears that Seer Systems doesn't much like being targeted by the EFF and decided to threaten the group with a defamation lawsuit over how it described Seer's actions. For example the EFF claimed that Seer was "threatening small companies" and Seer disputes the EFF's definition of small. That seems like pretty fine tooth nitpicking there, and hardly defamatory. It certainly feels like a threatened SLAPP, and (luckily) California has a pretty good anti-SLAPP law, which the EFF's attorney has suggested that Seer Systems acquaint itself with before moving forward with any lawsuits. Either way, it's fairly amazing that anyone would think it's a wise move to threaten the EFF with defamation based on something as weak as whether or not some startup is "small" or not.

17 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
california, e-voting

Companies:
diebold, premier voting



No Surprise Here: Lost Votes In Last Election Due To Faulty Diebold Equipment

from the anyone-surprised? dept

Back in December, we pointed to yet another (in a long line) of stories about lost votes on an e-voting machine in an election in California. The machines in question were from Premier Election Solutions, the shiny coat of paint put on the e-voting unit of Diebold, whose name had been tarnished for a long history of defective, highly vulnerable e-voting machines (along with a long history of denying any problems whatsoever with those machines). You would think after all these years of criticism, and a shiny new name, the company would be a bit more careful to make sure its machines weren't actually defective. No such luck.

As Slashdot points out, the Secretary of State's report on the matter clearly places the blame on Diebold's faulty equipment (warning: pdf file). Still, the scariest part is what we noted in the original story about the problems: despite all of the claims to the contrary, the 200 or so lost votes wouldn't have been noticed at all under Diebold/Premier's normal auditing process. It was only because of an experimental "transparency" project set up by local officials that the mistake was noted. Thus, Diebold machines in other regions may have lost votes, and no one will know about it. So can anyone explain why anyone still uses e-voting machines from this company? For years they've lied, stonewalled, denied problems, attacked critics... and produced faulty equipment over and over again. And it's still being used.

18 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
california, google maps, joel anderson, privacy, street view

Companies:
google



Politician Wants Google To Blur Street View Images Of Buildings; Next Up: Blurring Reality

from the oh-come-on dept

A California politician has introduced some legislation that would require companies like Google that offer "street view" photographs of certain areas to blur images of certain buildings, including schools, gov't buildings, churches and hospitals. The argument is that such photos allow terrorists to plan attacks. Next up, we're wondering if Assemblyman Joel Anderson will also demand that we blur reality. Anyone can walk by these buildings in public (like Google did) and take a photo. Unless he's going to force all cameras to take blurry images, it seems pretty ridiculous to think that this law makes sense. If terrorists are going to attack a building, they'll figure out a way to do so whether or not some of the images are online (and, as some have pointed out, most of these buildings have photos online already... on their own websites). It's really getting ridiculous seeing politicians freak out about a technology just because it could be used for terrorism.

52 Comments | Leave a Comment..

 
Politics

Politics

by IC Expert,
Carlo Longino


Filed Under:
bans, california, constitutional, violent video games



California Video Game Law, Once Again, Found Unconstitutional

from the try-try-again dept

Some California politicians keep running into a pesky obstacle: The US Constitution. Despite court after court across the country finding bans on sales of violent video games to minors to be unconstitutional, "think of the children" politicians continue to try and implement them. In California, legislators passed such a ban and, predictably, it got tossed out by a court. Led by Governor Arnold Schwarzenegger, the state appealed the ban to an appeals court, which -- you guessed it -- has ruled that it's unconstitutional. But the bill's author is undeterred. He wants the state to appeal the ruling to the Supreme Court and waste more of the cash-strapped state's resources to find out what we already know, but apparently bears repeating: these video game bans are unconstitutional.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

15 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
california, grant paulson, hands free, joe simitian



Guy In Silicon Valley Buys Billboard Ad Against CA's Hands-Free Mobile Phone Law

from the one-way-to-protest dept

I'm not really sure that this is an effective use of money to protest a law, but one guy, Grant Paulson, has shelled out $10,000 of his own money to buy space on a billboard in Palo Alto to protest California's new requirement for using a hands-free device if you're using a mobile phone while driving. The billboard's message is directed at state Senator Joe Simitian of Palo Alto -- who introduced the legislation in the first place. In part, it reads:

Senator Joe Simitian: Your cell phone law sucks. Amazing how 1 man's bad idea can screw over & inconvenience millions of people in CA. Let's overturn this law in the next election & protect what rights we still have left."
It may be getting attention, but Simitian doesn't seem particularly persuaded by it, saying that it "put a smile on my face" and calling it "a hoot." Also, it looks like most of the people the San Jose Mercury News asked about it weren't impressed by the billboard -- with some noting that they have no problem with the hands-free rule, and others complaining that the billboard itself was distracting because it contained too many words (seriously). Even Simitian noted: "My only concern is that someone might be rear-ended." That seems pretty ridiculous, frankly. Shouldn't drivers know better than to get distracted by a billboard with "too many words."

Hell, perhaps next Simitian will propose a law banning billboard with too many words as a new "driver distraction" that must be stopped. I'm sure I know one guy who would buy a billboard protesting that law...

57 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
accuracy, california, e-voting, elections, lost votes, transparency

Companies:
diebold, premier voting



More Votes Lost By Diebold; Discovered By Unique Voting Transparency Project

from the reliable,-huh? dept

For years and years Diebold Election Systems (now Premier Election Solutions) had always vehemently denied that its e-voting or optical vote scanning machines had any problems -- despite mounds and mounds of evidence of problems. We were shocked, this past summer, when the company finally admitted to a glitch with some of its machines, but the company still downplayed the significance of this, claiming that it didn't believe the glitch (which loses votes) had actually impacted any elections.

Yet, even after this glitch was officially revealed, in the election just last month, we're now finding out that Diebold machines caused 200 lost votes in an election in California. Even worse, no one would even know about this at all if it weren't for a highly ambitious and very unique program set up by some voting activists to ensure there was real transparency. They convinced the local government to let them scan every single ballot and put it online for anyone to view. It was that separate process where they discovered the ballot counts didn't match, and that Diebold seemed to show absolutely no records of the missing ballots, despite having scanned them.

Makes you kinda wonder how many other areas lost votes that absolutely no one knows about because they didn't have such a system in place, huh?

22 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
antitrust, california, schools, settlement

Companies:
microsoft



California Schools Not Using $200 Million From The Microsoft Settlement

from the not-a-priority? dept

A few years back, in settling a civil lawsuit against Microsoft for its monopolistic practices, Microsoft agreed to pay out $250 million to California schools, in the form of vouchers. Now, there are some who might point out that this sort of "settlement" makes good business sense, in that many will use the vouchers on PCs with Microsoft software, thereby getting a new generation of kids hooked on Microsoft products (it's worth pointing out that the vouchers can be used on non-Microsoft software as well). However, that's hardly the biggest issue, apparently. Instead, people are realizing that the vast majority of the $250 million is not being used by the schools. Some are pointing out that their budgets are being slashed, and since they have to pay for the equipment upfront and then request money back later, it's just too much trouble. Others are saying it just hasn't been a priority, even though they know the money is available.

22 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
bans, california, constitutional, violent video games



Governator Wasting More CA Taxpayer Money On Unconstitutional Violent Video Game Ban

from the terminate-this-wasteful-spending dept

At last count, at least 10 states had passed laws banning the sale or rental of violent video games to children, and every single one of them has been thrown out as unconstitutional. At this point, any state that passes such a law is knowingly throwing away taxpayer money to defend the law in court -- and, for the most part they're doing it to pander to the electorate, so they can talk about how they "protected the children" despite more and more evidence that violent video games aren't a threat to kids.

Perhaps the most bizarre of all of these state laws is the one in California, where our governor starred in numerous violent films. Yet, Schwarzenegger has been at the forefront of supporting this law. After a lower court followed all those other states in throwing out the law as unconstitutional, the Schwarzenegger administration quickly appealed, and the new case is set to begin this week, with most noting that it's unlikely that California will somehow buck the trend and get the law approved. Instead, we get a waste of taxpayer money (in a state that's going bankrupt) so that an action hero of a ton of violent films can claim he's "protecting the children" from viewing a little show violence.

33 Comments | Leave a Comment..

 
Surprises

Surprises

by Mike Masnick


Filed Under:
california, debra bowen, e-voting, open source



California Interested In Open Source E-Voting Solutions

from the good-for-them dept

With so many problems with various e-voting systems, many have wondered why various state governments don't simply require any e-voting system to be open sourced. It makes a tremendous amount of sense. Any trustworthy voting process needs to require transparency in how the votes are recorded and counted. Letting a hidden algorithm do the counting makes no sense. Open source e-voting code would be open to scrutiny, and would almost certainly lead to fewer problems and greater security. Yet, for some reason, election officials have always bought into the e-voting vendors' false claims that open source code is somehow dangerous to an election.

It looks like that may be changing. California's Secretary of State, Debra Bowen, who has been a major critic of e-voting vendors, is now saying that open sourcing e-voting systems could help fix many of the flaws found in today's systems. It wouldn't solve all the problems, but it would be a huge step forward.

30 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
california, carl malamud, copyright, laws



California: We Charge People To Read Our Laws For The Benefit Of Californians

from the sign-of-the-times dept

Back in April, we wrote about how the state of Oregon was threatening Carl Malamud, an activist who has been working hard for years to get public content more widely available to people online, for daring to publish Oregon's laws online. The state claimed copyright, not over the laws, but over the presentation of the laws, which Malamud had scanned. After the public outcry over this, Oregon backed down, and Malamud has continued his efforts. A bunch of folks have been submitting this Santa Rosa Press Democrat story all about Malamud's efforts, with a specific focus on California -- which similarly claims copyright on the presentation of its laws and standards.

California's defense of trying to limit such a display of the laws seems pretty ridiculous:

"We exercise our copyright to benefit the people of California," said Linda Brown, deputy director of the Office of Administrative Law, which manages the state's laws. "We are obtaining compensation for the people of California."
In other words, we hide the laws you have to obey from you in order to get more money into the state's coffers. That hardly seems like a reasonable rationale for the efforts. Hell, based on that rationale, wouldn't it make sense not to post any speed limit signs? After all, all the speeding tickets from ignorant drivers would help "obtain compensation for the people of California." Besides, as we all should know, the purpose of copyright isn't to "obtain compensation for the people of California" but to encourage the creation of new works. Is copyrighting the presentation of laws helping to create new... laws? That doesn't seem right.

In the meantime, Malamud is just going to keep posting the laws and making them easier than ever for people to actually know what laws they're probably breaking all the time. It sounds as though he's hoping someone will actually take him to court over this, as he's confident that a court would rule in his favor, finally setting an important precedent. Here's hoping that's true. Unfortunately, we've seen too many bad legal rulings on similar issues to feel that comfortable with simply letting a court set the precedent.

28 Comments | Leave a Comment..

 

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