<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0"
xmlns:dc="http://purl.org/dc/elements/1.1/"
xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
xmlns:wfw="http://wellformedweb.org/CommentAPI/">
<channel>
<title>Techdirt. Stories filed under &quot;chicago&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;chicago&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Thu, 2 May 2013 10:59:00 PDT</pubDate>
<title>Bus Company Threatens Redditor With Lawsuit, Meets Ken White, Runs Away</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130429/07194422871/bus-company-threatens-redditor-with-lawsuit-meets-ken-white-runs-away.shtml</link>
<guid>http://www.techdirt.com/articles/20130429/07194422871/bus-company-threatens-redditor-with-lawsuit-meets-ken-white-runs-away.shtml</guid>
<description><![CDATA[ <p>
Another day, another case of a business attempting to stifle online criticism via threat of lawsuit, amirite? We've seen it <a href="http://www.techdirt.com/articles/20121005/08405820620/copyright-as-censorship-author-removes-blog-post-after-being-threatened-quoting-4-sentences.shtml">again</a> and <a href="http://www.techdirt.com/articles/20130424/10205222823/ciphercloud-discovers-senorita-streisand-effect-is-hateful-mistress.shtml">again</a>. Companies ignorant of the terrifying Streisand Effect go after critics and, normally, the only warm and fuzzy feeling we can take away from it is knowing that these abusers are more hated as a result of their threats than they were before. But not today, friends. Today's story ends hilariously well.
<br /><br />
It all <a href="http://arstechnica.com/tech-policy/2013/04/express-to-internet-hate-bus-company-threatens-redditor-with-lawsuit/">starts with an Illinois bus company</a> called Suburban Express that operates lines from Chicago to several colleges in and out of the state. Its online reputation is, to say the least, poor.
<blockquote>
<i>For example, the company's ticket policy includes a "ticket fraud" clause that hits riders who hand the wrong ticket to a driver with a $100 fine, charged to the credit card used to purchase their ticket. "In the event that ticket is used to obtain transportation on another day or at another time," the company's <a href="http://www.suburbanexpress.com/policiespurdue.html">policy statement</a> reads, "or to or from a Chicago area stop other than printed on your ticket, you will be charged full fare for the trip you actually rode PLUS $100 penalty. You will also be permanently banned." The company also has a history of suing passengers for violating its terms and conditions&mdash;it has <a href="http://www.dailyillini.com/news/local/article_43a45b74-ae1a-11e2-9a0d-0019bb30f31a.html">filed 125 tort and contract damage lawsuits against passengers this year alone</a>, according to a report from a student newspaper.</i>
</blockquote>
So, we're dealing with a company that enjoys suing its own customers after slapping their wallets around with insane fines that seem designed less to encourage good behavior than to simply extract more money out of people. Well, if Suburban Express is happy to sue its own customers, you can guess just how aggressive they like to behave with the internet upon which some of these customers express their displeasure. Unfortunately, when that displeasure is aimed at one of the company's drivers who told an exchange student, "If you don't understand English, you don't belong at the University of Illinois or any 'American' University," then you're going to raise the ire of roughly <i>everyone</i>. It was a witness to that event, Jeremy Leval, who took to Facebook to describe the incident. Guess what his prize for outing racism was...
<blockquote>
<i>Four days later, Leval told the Daily Illini, University of Illinois' student newspaper, about the incident. He received an e-mail from the company that said he was being fined $500 for "liquidated damages" and was permanently banned. In a statement on the company's website, company owner [Dennis] Toeppen threatened to sue Leval, saying, "The attorneys for Suburban Express are reviewing this incident with a view towards filing the appropriate legal action against this meddlesome MBA student."</i>
</blockquote>
Toeppen wasn't done there, either. He <a href="http://www.reddit.com/r/UIUC/comments/1d52uu/letter_to_di_editor_re_jeremy_leval/">took to Reddit</a> to push back on on Leval's story, indicating that some undescribed person had already apologized for the incident (because that makes it all better?). Unfortunately for him, his company is still being lambasted for its behavior on subreddits for the University of Illinois, where some are also claiming that Suburban Express employees are posting messages accusing reddit users of being virgins and chronic masturbators. Should you think that the idea of a business owner doing all this is a bit far-fetched, it's instructive to note the kind of slimeball we're talking about.
<blockquote>
<i>Toeppen is no stranger to legal action over Internet controversy. In the late 1990s, he was a <a href="http://www.toeppen.com/">self-confessed cybersquatter</a>, registering over 200 domain names and asking for payment by trademark holders in exchange for them&mdash;including Panavision.com, for which he demanded $13,000. That led to the 1998 case <a href="http://www.finnegan.com/Panavision-Intl-LP-v-Toeppen-01-01-1998/">Panavision International L.P. v. Toeppen</a> (which Toeppen lost) and in part to the AntiCybersquatting Consumer Protection Act of 1999.</i>
</blockquote>
<blockquote>
<i>"It was clear to me at the time that domain names were valuable, undeveloped virtual real estate," he wrote on his personal home page. "There was absolutely no statutory or case law regarding trademarks in the context of Internet domain names at the time. It seemed to be an excellent opportunity to do the virtual equivalent of buying up property around a factory&mdash;eventually the factory owner would realize that he needed the scarce resource which I possessed."</i>
</blockquote>
Now, after a bunch of the insulting messages on reddit were deleted by the moderator, Murph Finnicum, Toeppen's attorney <a href="http://www.reddit.com/r/UIUC/comments/1d3qqc/my_correspondence_with_suburban_expresss_lawyer/">threatened</a> to sue him for libel and over deleting the messages purportedly left by Suburban Express employees. James Long, the attorney, demanded "corrective action" immediately due to the damage the company had suffered by having their own posts deleted, and indicated that legal action against him had been authorized by the company.
<br /><br />
But, wait, I can already hear you saying: but you promised us this story had a happy ending! Well, it does, courtesy of Ken "Popehat" White.
<blockquote>
<i>The legal threat against Finnicum quickly drew promises of support from others on reddit&mdash;including Ken White, the lawyer behind the legal blog Popehat. White sent an e-mail to Long, which <a href="http://www.reddit.com/r/UIUC/comments/1d3qqc/my_correspondence_with_suburban_expresss_lawyer/c9mqrap">he also posted to reddit</a>: "I do not represent any party (though I have offered to connect the recipient of your threat with pro bono counsel). However, I am considering writing a post about the matter."</i>
</blockquote>
<blockquote>
<i>"Would you be willing to answer some questions about your threat?" White continued. "I'm particularly interested in discussing the factual basis for your assertions, how you reconcile your position with Section 230 of the Communications Decency Act, and your evaluation of risks in light of the Streisand Effect."</i>
</blockquote>
The result? A letter from attorney James Long to Finnicum:
<blockquote>
<i>"I will confess that I have very limited understanding of Reddit," he wrote, "and your response regarding the thread being moderated by several different individuals was instructive and was confirmed by individuals with much more knowledge of Reddit than I possess. At this time Suburban Express is of the opinion that it is best for the company and all individuals involved with this issue for Suburban Express to move forward with its mission to provide safe, courteous and efficient service to its current and future customers."</i>
</blockquote>
They ran away as fast as they could. I'm not sure if they are going to continue legal action against Laval, but if they actually read into the Streisand Effect when Ken White mentioned it, then they already know that they really, <i>really</i> shouldn't.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130429/07194422871/bus-company-threatens-redditor-with-lawsuit-meets-ken-white-runs-away.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130429/07194422871/bus-company-threatens-redditor-with-lawsuit-meets-ken-white-runs-away.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130429/07194422871/bus-company-threatens-redditor-with-lawsuit-meets-ken-white-runs-away.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>smart-move</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130429/07194422871</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 15 Nov 2012 15:57:19 PST</pubDate>
<title>Chicago Mayor Rahm Emanuel On City's Illegal Recordings Of Conversations With Journalists: 'Much Ado About Nothing'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121112/18521021025/chicago-mayor-rahm-emanuel-citys-illegal-recordings-conversations-with-journalists-much-ado-about-nothing.shtml</link>
<guid>http://www.techdirt.com/articles/20121112/18521021025/chicago-mayor-rahm-emanuel-citys-illegal-recordings-conversations-with-journalists-much-ado-about-nothing.shtml</guid>
<description><![CDATA[ Chicago city hall officials are in <a href="http://www.chicagotribune.com/news/local/ct-met-city-hall-recordings-1112-20121112,0,47049.story" target="_blank">a bit of trouble for recording phone conversations with Chicago Tribune reporters without their consent</a>. A city attorney is downplaying the incidents, insisting that there&#39;s no "widespread practice of such tapings" and promising that "steps are being taken" to prevent this from happening again.<br />
<br />
Why is this a big deal? Because recording a conversation without the consent of all parties is a felony in Illinois. But what happens when city hall officials, who should be familiar with these laws, violate them? Not much. Chicago Mayor Rahm Emanuel&#39;s response is that committing a felony is nothing to get excited about.
<blockquote>
<i>Asked about the recordings at an unrelated news conference Monday, Mayor Rahm Emanuel said the issue was &ldquo;much ado about nothing.&rdquo;</i><br />
<br />
<i>&ldquo;My view is, like all, we have a press conference here, I expect my staff to have a record of it,&rdquo; he said. &ldquo;And if I have a phone conversation, an interview, I expect to have a record of it as well.&rdquo;</i></blockquote>
But the commission of a felony is a <i>very big deal</i> if committed by regular citizens. Radley Balko says <a href="http://www.theagitator.com/2012/11/12/it-isnt-a-crime-when-the-government-does-it/" target="_blank">it&#39;s all about <i>who&#39;s</i> doing the recording... and <i>who</i> they&#39;re recording</a>.&nbsp;
<blockquote>
<i><a href="http://www.huffingtonpost.com/2011/06/08/chicago-district-attorney-recording-bad-cops_n_872921.html" target="_blank">So remember when</a> Chicago police were arresting people for recording them, and charging them with crimes punishable by 10 or more years in prison? Remember the woman who was arrested and charged because she attempted to record Chicago PD internal affairs police browbeating her when she tried to report a sexual assault by a Chicago cop? Remember all that stuff we heard from Chicago PD and Cook County DA Anita Alvarez&rsquo;s office about protecting privacy?</i></blockquote>
That&#39;s not an isolated event. Earlier this year, two men <a href="http://www.techdirt.com/articles/20120607/18093919244/two-men-sue-chicago-police-claim-they-were-abused-falsely-charged-filming-officers.shtml" target="_blank">filed a lawsuit</a> against the city of Chicago, alleging they were battered, strip-searched and falsely charged after filming a traffic accident caused by a police car. Late last year, a man was arrested for recording the police and charged with illegal eavesdropping and is now facing a sentence of <a href="http://www.techdirt.com/articles/20110902/04163415790/man-facing-75-years-jail-recording-police-illinois-assistant-ag-says-no-right-to-record-police.shtml" target="_blank">up to 75 years in prison</a>. Another man was arrested and told he was <a href="http://www.techdirt.com/articles/20110929/10325216136/guy-arrested-threatened-with-15-years-recording-traffic-stop-illinois.shtml" target="_blank">facing 15 years in prison</a> for daring to record a traffic stop.<br />
<br />
The good news is that the courts have rejected some of these cases, stating that the law these citizens were arrested for breaking <a href="http://www.techdirt.com/articles/20120509/16490418853/federal-appeals-court-rejects-illinois-eavesdropping-law-as-likely-violating-first-amendment.shtml" target="_blank">may be unconstitutional</a>. For now, the law still stands. And the recordings done by members of city hall are illegal. The claims that the recordings were simply inadvertent errors rather than part of something more nefarious don&#39;t wash when you take a look at what was being discussed when the recordings occurred.
<blockquote>
<i>The issue reached a public forum last week when a court filing in a wrongful death lawsuit against the city raised questions about whether a city spokeswoman had recorded Tribune reporters without their consent as they conducted a phone interview with Chicago police Superintendent Garry McCarthy in October 2011.</i><br />
<br />
<i>And in separate incidents this past September, city spokespeople twice recorded a Tribune reporter as he conducted phone interviews with a top city official involved in Emanuel&#39;s controversial speed camera program. The spokespeople acknowledged that they independently recorded the interviews without asking the reporter for consent.</i></blockquote>
Odd that the illegal recordings would have occurred during discussions about possible law enforcement malfeasance. Emanuel&#39;s press aides openly admit that recordings take place during media interviews about "controversial topics," but most of these interviews are done in person, making the recording obvious. No effort was made to inform these reporters that their conversations were being recorded.
<blockquote>
<i>Last month, the city turned over to the plaintiff&#39;s lawyers an audio recording and transcript of the conference call showing no evidence that McCarthy or Hamilton sought consent to record the Tribune reporters.</i><br />
<br />
<i>"Absent from the audio and the transcript was evidence of the parties&#39; consent," according to a court filing last week by the plaintiff&#39;s attorney, Craig Sandberg.</i></blockquote>
Not only is the required consent absent, but the recordings seem to be missing as well:
<blockquote>
<i>Gerould Kern, senior vice president and editor of the Tribune, declined to comment Friday about the recordings. Instead, he cited the letter sent by Tribune Co. attorney Karen Flax to Patton, demanding that city officials cease recording Tribune reporters without consent. The letter also asked that the city preserve copies of all recorded conversations and turn them over to the Tribune.</i><br />
<br />
<i>In its response Saturday, the city said it was unclear whether there would be any tapes to turn over.</i></blockquote>
As Balko points out, the double standard on display here is egregious. Ordinary people get cuffed, threatened, charged with felonies and in some cases, beaten and strip-searched. City officials don&#39;t even get a slap on the wrist. Instead, they get the mayor&#39;s assurance that their illegal recordings are a whole lot of nothing for anyone to be concerned about. Even the "mysterious" disappearance of the requested recordings fails to raise an eyebrow. Just one of those things that happens to evidence that incriminates politicians and members of law enforcement.<br />
<br />
The growing gap between the governing and the governed continues. Those on the enforcement side treat many laws as optional. Those governed and policed are still forced to comply with the laws, no matter how (to paraphrase Frank Zappa) badly written and randomly enforced.<br /><br /><a href="http://www.techdirt.com/articles/20121112/18521021025/chicago-mayor-rahm-emanuel-citys-illegal-recordings-conversations-with-journalists-much-ado-about-nothing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121112/18521021025/chicago-mayor-rahm-emanuel-citys-illegal-recordings-conversations-with-journalists-much-ado-about-nothing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121112/18521021025/chicago-mayor-rahm-emanuel-citys-illegal-recordings-conversations-with-journalists-much-ado-about-nothing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we're-here-to-write-the-laws,-not-follow-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121112/18521021025</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 5 Oct 2012 18:36:59 PDT</pubDate>
<title>Chicago Taxi Companies And Riders Sue Uber For Targeting Cool Passengers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20121005/17023320623/chicago-taxis-companies-riders-sue-uber-targeting-cool-passengers.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20121005/17023320623/chicago-taxis-companies-riders-sue-uber-targeting-cool-passengers.shtml</guid>
<description><![CDATA[ We've written about innovative car service company Uber a few times before, though mostly for its bizarre <a href="http://www.techdirt.com/blog/?company=uber">run-ins</a> with local regulators, who often seem to think their job is to protect local taxi companies from innovative competition.  Uber, for what it's worth, has used many of these attacks as marketing vehicles to get more attention to their service, and the local regulatory agencies almost always seem to back down.  Of course, most people recognize that these agencies are often just doing the bidding of local cab companies.  In Chicago, it appears that the cab companies have taken matters into their own hands <a href="http://gigaom.com/2012/10/05/chicago-cabbies-sue-hip-car-service-uber-for-pocketing-50-of-driver-tips/" target="_blank">and have sued Uber directly</a>.
<br /><br />
You really have to read the full complaint below, as it is a classic case of an industry being disrupted and lashing out at the disruptive player, repeatedly screaming "but you can't do <i>that</i>!" out of sheer jealousy and spite.  It really is just a litany of claims about why they just don't like Uber.  First, they whine that Uber "misleads" customers by comparing itself to taxi and livery services, even though it's somewhat innovative system is to actually empower independent drivers.  But that's not actually hidden.  And, um, I'm not sure why the taxi companies have any standing to complain about that.
<br /><br />
Next, it argues that Uber charges too much, and adds a 20% gratuity.  Again, all of this is clearly laid out to users of Uber's service.  If they're willing to pay what Uber's rates are, then what's the problem?  And again, if anyone has standing on that, it would be the users, not the cab companies -- and we'll discuss the fact that some users are suing too in a moment.  There are a number of other complaints will all just seem like sour grapes.
<br /><br />
My favorite part, though, is the claim that Uber "illegally discriminates against people without credit cards and smartphones."  Did you know there was such a thing?
<blockquote><i>
While Uber advertises itself as &#8220;Everyone&#8217;s Private Driver&#8221;&#8212;that is in fact a
gross mischaracterization as Uber only chooses to cater to what it perceives as the
technologically elite and well-off individuals. It is obvious that through Uber&#8217;s marketing it
caters to young, hip, urban professionals, which is perfectly reasonable on the livery side. But
using the publicly regulated (and limited number) taxis in order to create a two tier system&#8212;
&#8220;high quality taxis&#8221; for the &#8220;haves&#8221; and the remainder for the &#8220;have nots&#8221;&#8212;runs contrary to the
many ordinances enacted in Chicago to ensure non-discriminatory service for everyone in
Chicago, not just those &#8220;cool&#8221; enough to use Uber.
</i></blockquote>
The one area that does seem a little iffy on Uber's part is that it signs up cab drivers who work for some of these companies that are suing -- and Uber's website (in at least one place) seems to imply that it has "partnered" with different cab companies, when the reality is that it lets the drivers sign up themselves.  I could see where the cab companies may have a legitimate beef if their brands are falsely implied to be associated with Uber's.
<br /><br />
That said, all of this just really seems like jealous taxi companies.  Uber offers a useful service for those who want it.  It's actually somewhat expensive -- and that's why plenty of people I know don't use it.  But if you're willing to pay for the convenience, many, many customers seem to like it.  It really is quite convenient.  Either way, most of these complaints seem like the ones that either consumers should be making... or that local regulators should be making.  I don't see how the taxi companies have any standing on most of the issues -- with the one about the implied "partnerships" being a possible exception.
<br /><br />
Of course, on that point about users having standing... in an amazing coincidence... some Uber users have also picked the same week  <a href="http://www.redorbit.com/news/technology/1112705260/chicago-passengers-take-legal-action-against-uber/" target="_blank">to file a class action lawsuit against Uber</a> in Chicago, claiming that its charges are "deceptive."  Of course, the actual fees are not, in fact, deceptive.  They're very clearly laid out on Uber's site.  So, instead, the lawsuit claims that the deceptive bit is that they add a 20% gratuity (again, clearly disclosed on the site) <b>but</b> that the driver only gets half of that gratuity. 
<br /><br />
They're arguing that this is really charging higher metered rates.  But given that what the user pays is all completely disclosed, I'm still at a loss as to what the problem is.  The user isn't deceived about the rates they pay.  They're quite clear.  Given the timing of the two lawsuits, it certainly feels like the cab companies may have helped "set up" users to complain.
<br /><br />
In the end, the whole thing is unfortunate, and yet another sign of legacy industries unwilling to compete in the market.  Uber offers a decent product.  The price is high, and some people are willing to pay that price.  If cab companies competed effectively (and they already have the price advantage), then there wouldn't be a problem.  But, Uber's discovered that people like to pay for convenience and these cab companies apparently aren't well set up to deal with that.  Rather than adapt, they're suing.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20121005/17023320623/chicago-taxis-companies-riders-sue-uber-targeting-cool-passengers.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20121005/17023320623/chicago-taxis-companies-riders-sue-uber-targeting-cool-passengers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20121005/17023320623/chicago-taxis-companies-riders-sue-uber-targeting-cool-passengers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-dare-they!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121005/17023320623</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 17 Sep 2012 12:30:00 PDT</pubDate>
<title>FBI Continues To Foil Its Own Devised Terrorist Plots</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120917/05193620404/fbi-continues-to-foil-its-own-devised-terrorist-plots.shtml</link>
<guid>http://www.techdirt.com/articles/20120917/05193620404/fbi-continues-to-foil-its-own-devised-terrorist-plots.shtml</guid>
<description><![CDATA[ It seems there&#39;s a new pattern showing itself every time I read a news report in which the FBI <a href="http://www.techdirt.com/articles/20120818/18363620090/fbi-created-terrorist-plot-fails-to-produce-single-terrorist-does-plenty-damage-to-individual-liberties.shtml">proudly announces</a> it foiled a terrorist plot. That pattern goes something like this: hear that a huge explosion was averted and lives were saved, find out the plotter was an American citizen, find out he was under investigation by the FBI for several years, and then finally find out that it was the FBI that egged on the suspect and built his "bomb" for him. In other words, the only way these things could become less impressive is if the FBI actually decided to quit finding these loner folks to urge into violence and just built their own physical straw man to parade in front of the cameras.
<br /><br />
This whole game of pretend law enforcement showed up at my doorstep this weekend, when the <a href="http://www.chicagotribune.com/news/local/breaking/chi-teen-accused-in-bomb-plot-in-court-today-20120917,0,615862.story">FBI announced yet another arrest of a potential terrorist</a>, this time an 18 year old suburbanite whom the FBI (you guessed it) encouraged to try to bomb a downtown bar in Chicago.
<blockquote>
<i>Adel Daoud, 18, was arrested following a months-long FBI undercover investigation. He was taken into custody after he parked a Jeep Cherokee in front of the bar Friday night and walked into a nearby alley where he tried to detonate the device, court documents allege.</i>
<br /><br />
<i>The bomb, which was inert and had been constructed by FBI technicians, didn&#39;t explode, according to federal authorities.</i>
</blockquote>
Oddly, the article notes that Daoud allegedly gave the FBI more than two dozen high profile Chicago targets to &#39;splode, but decided eventually on this unnamed bar instead, perhaps because they had, like, totally taken his fake ID that one time. Actually, I just made that up because I can&#39;t think of a single reason why a supposed terrorist would settle on a drinkery as their target.
<br /><br />
Now, it is true that Daoud professed his wish to participate in jihad. It is true that he attempted to set off this pseudo bomb. He does indeed sound like a disturbed kid that needs to be dealt with in some fashion. But would he have participated in any of this without the urging of the FBI?
<br /><br />
Perhaps more importantly, is foiling their own plots the best use of law enforcement in Chicago, a city that appears to be engaged in a concerted effort to have the most <a href="http://homicides.redeyechicago.com/">murders ever</a> in a calendar year?<br /><br /><a href="http://www.techdirt.com/articles/20120917/05193620404/fbi-continues-to-foil-its-own-devised-terrorist-plots.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120917/05193620404/fbi-continues-to-foil-its-own-devised-terrorist-plots.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120917/05193620404/fbi-continues-to-foil-its-own-devised-terrorist-plots.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sarcastic-golf-clap</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120917/05193620404</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 14 Sep 2012 05:03:00 PDT</pubDate>
<title>Seventh Circuit Court: Chicago Cops Can't Use 'Annoyance' As Reason To Stifle Free Speech</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-cant-use-annoyance-as-reason-to-stifle-free-speech.shtml</link>
<guid>http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-cant-use-annoyance-as-reason-to-stifle-free-speech.shtml</guid>
<description><![CDATA[ As long as there have been cops, there have been crowds. And as long as there have been crowds, there has been the mantra, "Move along, nothing to see here." Dispersing crowds has always been part of police work. But in recent years, the crowd dispersion process has broadened to include anyone <a href="http://www.techdirt.com/articles/20110930/22274816158/phony-bologna-more-evidence-indiscriminate-pepper-spraying-as-police-defend-actions.shtml" target="_blank">whose presence isn&#39;t wanted</a>. This overreach has led to the catchall charge "<a href="http://www.techdirt.com/articles/20120517/18442918962/citizen-video-evidence-helps-two-arrested-photographers-have-their-cases-dropped.shtml" target="_blank">disorderly conduct</a>" being used to cover all sorts of behavior, much of which isn&#39;t so much "disorderly" as it is simply "annoying" to the law enforcement officers in question.<br />
<br />
This "stop irritating me" via handcuffs has become so common it has its own term: "<a href="http://en.wikipedia.org/wiki/Contempt_of_cop" target="_blank">contempt of cop</a>." Abusing the intent of the law to shut someone up (or confiscate their recording equipment) has become so common that entire <a href="http://www.pixiq.com/contributors/carlosmiller" target="_blank">blogs</a> and <a href="http://www.policemisconduct.net/" target="_blank">websites</a> are able to fill page after page with accounts of these actions.<br />
<br />
Fortunately, the judicial system has pushed back. A decision handed down recently by the 7th Circuit Court <a href="http://www.courthousenews.com/2012/09/12/50211.htm" target="_blank">goes even further than simply declaring a certain situation as being unconstitutional</a>. Judge Joel Flaum&#39;s decision actually invalidates a section of Chicago&#39;s municipal code.<br />
<br />
First, the background:
<blockquote>
<i>Buddy Bell participated in a January 2008 protest against the Iraq War in downtown Chicago. While President George W. Bush was at a luncheon nearby, Bell held a banner that said: "End the war and occupation TROOPS HOME NOW."</i><br />
<br />
<i>After Chicago police arrested a protester who entered the street carrying a banner,&nbsp;Bell and two other protesters also stepped into the street and approached the police squad car, chanting, "Hell no, we won&#39;t go. Set him free." When the activists refused to get back on the sidewalk, the police arrested them for disorderly conduct.</i></blockquote>
<blockquote>
<i>In particular, the police charged Bell under a Chicago municipal code that makes it a crime to disobey a police officer&#39;s instruction to leave the scene when other individuals are engaging in nearby acts of disorderly conduct that "are likely to cause substantial harm or serious inconvenience, annoyance or alarm."</i></blockquote>
Unfortunately, this sort of catch-all charge is far from unusual. Bell's filing of a federal complaint against the city of Chicago isn&#39;t that unusual, either. Many cities are finding themselves paying out thousands of dollars to settle lawsuits stemming from abuse of citizens by law enforcement. Bell challenged this particular part of Chicago&#39;s municipal code as unconstitutional. District Judge John Darrah originally dismissed Bell&#39;s claim for "lack of standing," but the Seventh Circuit Court reversed the dismissal.<br />
<br />
Judge Flaum went further, invalidating that particular section of the Chicago Municipal Code after finding that it "substantially inhibits protected speech and is not amenable to clear and uniform enforcement."
<blockquote>
<i>"To the extent that [the ordinance] authorizes dispersal when an assembly creates or is threatened by &#39;substantial harm,&#39; it does not improperly infringe upon protected speech," Judge Joel Flaum wrote for a three-member panel. "We cannot say the same, however, for authorizing dispersal on the basis of &#39;serious inconvenience, annoyance or alarm.&#39;"</i><br />
<br />
<i>Unlike the code&#39;s provision for responding to nuisances, the ordinance "does not specify what inconveniences, if performed by three or more individuals, may trigger an order to disperse," the 35-page decision states.</i><br />
<br />
<i>"Nor does it clarify that, whatever the inconvenience at issue, dispersal must be necessary to confront the violation," Flaum wrote. "To this end, the ordinance lacks the necessary specificity and tailoring to pass constitutional muster, and we must conclude that the ordinance substantially impacts speech."</i></blockquote>
Flaum does more than shut down a purposely vague ordinance. He also throws in a dig at the circumstances that called this ordinance into question ("if performed by <i>three or more </i>individuals"). He also calls attention to the other terms used to justify charges being brought under this code, noting that "alarm" is still dangerously non-specific, but saves the real criticism for "annoyance."
<blockquote>
<i>As for "annoy," Flaum noted that the ordinary meaning, "which is &#39;to trouble, to vex, to impede, to incommode, to provoke, to harass or to irritate,&#39; compels this reading: not every annoying act gives rise to imminent danger or nuisance."</i><br />
<br />
<i>"<b>Avoiding annoyance is never a proper basis on which to curtail protected speech</b>," he wrote.</i><br />
<br />
<i>"We cannot conceive of an annoying behavior, however annoying it may be, that could constitutionally draw as a remedy dispersing others engaged in protected speech," Flaum added.</i></blockquote>
Chicago&#39;s stance is that this ordinance is in place to ensure "safety." But safety for whom? Certainly not the public. And does law enforcement really need to be kept safe from "inconvenience, annoyance and alarm?" The Seventh Circuit Court says it doesn&#39;t, not if the cost of the safety is the Constitutional rights of citizens.<br /><br /><a href="http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-cant-use-annoyance-as-reason-to-stifle-free-speech.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-cant-use-annoyance-as-reason-to-stifle-free-speech.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-cant-use-annoyance-as-reason-to-stifle-free-speech.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>'disorderly'-free-speech?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120912/20384720366</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 20 Jun 2012 03:03:00 PDT</pubDate>
<title>A Broken System: Einstein Wouldn't Have Been 'Qualified' To Teach High School Physics</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120619/02280419376/broken-system-einstein-wouldnt-have-been-qualified-to-teach-high-school-physics.shtml</link>
<guid>http://www.techdirt.com/articles/20120619/02280419376/broken-system-einstein-wouldnt-have-been-qualified-to-teach-high-school-physics.shtml</guid>
<description><![CDATA[ We've argued for <a href="http://www.techdirt.com/articles/20070509/055646/professional-unions-labor-struggles-21st-century.shtml">years</a> that many professions that require certain forms of "licensing" are often more about restricting supply.  That's not to say those who set up the licensing effort didn't have the best of intentions, but the end effect often doesn't actually do much to benefit the public.  I'm reminded of this after reading economist Charles Wheelen explaining why <a href="http://www.npr.org/blogs/money/2012/06/18/155277740/why-einstein-was-disqualified-from-teaching-high-school-physics" target="_blank">Albert Einstein technically wouldn't have been "qualified" to teach high school physics</a> after retiring from a distinguished career at Princeton.  And, for Wheelen, it's not just hypothetical:
<blockquote><i>
When my wife tried to make a mid-career switch to teaching math in the Chicago Public Schools, I no longer needed a hypothetical example. I realized that licensing had the potential to be every bit as harmful in practice as I'd been saying it was in theory.
<br /><br />
My wife Leah graduated Phi Beta Kappa from Dartmouth. She was a computer science major with an emphasis on math. She worked in the software industry, built a company, and then sold it. She seemed, in every respect, perfectly qualified to teach middle-school math.
<br /><br />
She found a job at a school adjacent to a public housing project on Chicago's South Side. On about day three of that job&#8212;after she had met the students, decorated the classroom, and started teaching&#8212;the principal informed Leah that she did not have a "middle-school math endorsement," which the State of Illinois requires.
</i></blockquote>
Amazingly, this happened a second time as well.  She did get the "math endorsement," but then lost a job teaching algebra because she didn't have a special "algebra endorsement."  And yet, she's clearly qualified to teach those subjects.  And, even more importantly, Wheelen points to <a href="http://www.nber.org/papers/w12155" target="_blank">research</a> showing that students with "certified" teachers don't do any better than those with "uncertified" teachers -- suggesting the whole process has little to do with making sure students get the best education.<br /><br /><a href="http://www.techdirt.com/articles/20120619/02280419376/broken-system-einstein-wouldnt-have-been-qualified-to-teach-high-school-physics.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120619/02280419376/broken-system-einstein-wouldnt-have-been-qualified-to-teach-high-school-physics.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120619/02280419376/broken-system-einstein-wouldnt-have-been-qualified-to-teach-high-school-physics.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>time-to-fix-things</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120619/02280419376</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 8 Jun 2012 08:31:00 PDT</pubDate>
<title>Two Men Sue Chicago Police; Claim They Were Abused And Falsely Charged For Filming Officers</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120607/18093919244/two-men-sue-chicago-police-claim-they-were-abused-falsely-charged-filming-officers.shtml</link>
<guid>http://www.techdirt.com/articles/20120607/18093919244/two-men-sue-chicago-police-claim-they-were-abused-falsely-charged-filming-officers.shtml</guid>
<description><![CDATA[ <p>In the past year, we applauded <a href="http://www.techdirt.com/articles/20110919/03455916010/il-court-eavesdropping-law-violates-first-amendment-when-used-against-people-recording-police.shtml">two</a> Illinois <a href="http://www.techdirt.com/articles/20120302/12363517959/yet-another-court-says-illinois-eavesdropping-law-that-criminalizes-recording-police-is-unconstitutional.shtml">courts</a> for protecting every citizen's right to record on-duty police, and ruling that a law criminalizing the act is unconstitutional. We similarly pointed to Boston, where a court forced the city to <a href="http://www.techdirt.com/articles/20120328/04495818276/boston-pays-170000-to-guy-police-arrested-filming-them.shtml">pay</a> someone they arrested for filming the cops. Of course, it's pretty concerning that this was ever in question to begin with&mdash;normally, the argument that "you don't need privacy unless you've got something to hide" is fallacious for a number of reasons, but that doesn't extend to people who are empowered and armed, ostensibly with the consent of the citizenry and on the condition that they follow their own strict code of behavior. The fact that there is a clear push to let officers operate without public scrutiny is intolerable on every level.</p>

<p>But, perhaps worse still, there is the fact that police don't always need a law to protect them from the public's lenses&mdash;they can just take matters into their own hands. There are plenty of examples of police <a href="http://www.techdirt.com/articles/20100420/1041329109.shtml">harassing</a> people who film them, often threatening to arrest them or going ahead and <a href="http://www.techdirt.com/articles/20120328/04442118275/yet-another-story-guy-arrested-filming-police.shtml">doing it</a>. It's an intimidation tactic, and really just part of a much larger problem, which is that no matter how much a person is in the right (and how much they know it), the police have plenty of ways to make their life hell for a long time before they see justice, if they ever do. This appears to be the case in a recent Chicago lawsuit, where two men allege they were <a href="http://www.courthousenews.com/2012/06/07/47204.htm">battered, strip-searched and falsely charged for filming a traffic accident caused by a police car</a>.</p>

<blockquote><em>  Benjamin Perez and Bobby Milton sued Chicago and nine police officers in Federal Court.
<br /><br />
     The men say they were talking outside with some friends in an early morning in August 2011 when a friend rode by on a motorcycle, heading south on Chicago Avenue.
<br /><br />
     "At the same time, defendant Captain [Kevin Navarro] was driving a marked Chicago Police Department vehicle, an SUV, northbound on South Chicago Avenue in the wrong lane of traffic, heading northbound in the southbound lane," according to the complaint.
<br /><br />
     "Defendant Captain drove his police vehicle into plaintiffs' friend, who was traveling southbound on his motorcycle, causing plaintiffs' friend to suffer serious injury."
<br /><br />
     Numerous police officers arrived quickly.
<br /><br />
     "Defendant officers observed plaintiffs using their cell phones to record the collision scene, and immediately took plaintiff Perez's cell phone and placed handcuffs on him, taking him into custody even though Perez was not doing anything illegal," the complaint states.
<br /><br />
     "Defendant officers placed Perez in the back of a police car and demanded that Perez show them how to delete the photographs he had taken with his cell phone.
<br /><br />
     "After plaintiff Perez was taken into custody, plaintiff Milton, who had also been using his cell phone to record the scene, was seated on his motorcycle, when defendant [Officers] Frahm and Hernandez approached him.
<br /><br />
     "Defendants Frahm and Hernandez grabbed plaintiff Milton, forced him off of his motorcycle, and threw him to the ground.</em></blockquote>

<p>The suit continues, claiming that the men were taken to the police station and threatened with felony charges if they didn't help officers delete the recording, and one was strip-searched to check for "other cameras and recording devices" (because most people keep a spare iPhone taped to their inner thigh, of course). They are seeking damages for <em>"false arrest, excessive force, unlawful search, conspiracy, false imprisonment, battery, and malicious prosecution"</em>.</p>

<p>Now, we don't have the officers' side of the story yet, but the allegations certainly look bad&mdash;and it's not hard to find plenty of instances of similar actions by the police. Assuming the complaint is even close to true, hopefully the court recognizes the affront to justice that this kind of police behavior represents, and joins the growing ranks of courts that are affirming the right to record the police and hold them accountable for their actions.</p><br /><br /><a href="http://www.techdirt.com/articles/20120607/18093919244/two-men-sue-chicago-police-claim-they-were-abused-falsely-charged-filming-officers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120607/18093919244/two-men-sue-chicago-police-claim-they-were-abused-falsely-charged-filming-officers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120607/18093919244/two-men-sue-chicago-police-claim-they-were-abused-falsely-charged-filming-officers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shameful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120607/18093919244</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 4 Jun 2012 06:45:00 PDT</pubDate>
<title>AOL Threatens Blogger With Copyright Infringement Charge... For Doing The Exact Same Thing AOL Has Done On A Large Scale</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120601/18045719179/aol-threatens-blogger-with-copyright-infringement-charge-doing-exact-same-thing-aol-has-done-large-scale.shtml</link>
<guid>http://www.techdirt.com/articles/20120601/18045719179/aol-threatens-blogger-with-copyright-infringement-charge-doing-exact-same-thing-aol-has-done-large-scale.shtml</guid>
<description><![CDATA[ There have been plenty of <a href="http://gawker.com/5820099/huffpo-fires-writer-for-doing-what-we-were-taught-and-told-to-do" target="_blank">accusations</a> made against AOL's the Huffington Post concerning its habit of "over aggregating" content from other sites.   While, personally, I think people who accuse HuffPo of being just an aggregator are overreacting on two separate issues (one: HuffPo does a ton of actual reporting also and two: HuffPo's aggregating adds value in its own way), it would be pretty damn hypocritical for AOL to then threaten another blogger for doing <i>exactly</i> the same thing that HuffPo does, wouldn't it?
<br /><br />
Enter, Maryland Juice.  A local Maryland blog, which recently had a post about <a href="http://www.marylandjuice.com/2012/05/spotlight-issue-of-race-in-montgomery.html" target="_blank">some happenings</a> in Montgomery County, which included relatively large excerpts of parts of an <a href="http://wheaton-md.patch.com/articles/proposed-rule-change-for-accessory-apartments-meets-opposition" target="_blank">article from Patch</a>, another property owned by AOL.  It also included an image from the article.  The Maryland Juice article included a significant amount of commentary about the article and, in particular, the photo, which was used to illustrate the point (that it was not a representative sample of county residents at the local meeting).  And, yet... <a href="http://www.marylandjuice.com/2012/05/bad-netizens-maryland-juice-receives.html" target="_blank">AOL lawyers sent a cease and desist letter</a>:
<blockquote><i>
As owner of the Content, AOL has the obligation to prevent the improper use of its proprietary material. Before
pursuing any additional avenues to remove the Infringing Content, we are demanding that MarylandJuice.com take
immediate steps to remove Patch&#8217;s image and either 1) display no more than a 1-2 sentence snippet of this Content,
with credit explicitly given as well as a link back to the full article available at http://wheatonmd.
patch.com/articles/proposed-rule-change-for-accessory-apartments-meets-opposition ; or 2) remove and disable
access to all Infringing Content, and agree to never repost or use the Infringing Content or any other AOL Content,
absent compliance with the third-party use guidelines identified above.
</i></blockquote>
David, the Maryland Juice blogger, explains how excerpting, discussing and linking is all part of being <i>neighborly</i> online, and tells AOL to shove off, claiming fair use.  Of course, you know who should know an awful lot about this kind of thing?  Yeah, AOL and HuffPo.  You see, a few years ago, when HuffPo tried to do its own "hyper local site," it was accused of <a href="http://gawker.com/5113964/arianna-huffingtons-scuzzy-copying-pisses-off-chicagoans" target="_blank">doing more or less the exact same thing</a> (but with less commentary, and more copying):
<blockquote><i>
<p>And seeding <em>HuffPo</em> Chicago is a scheme whereby the publication takes some &#8212; in <a href="http://blogs.chicagoreader.com/chicagoland/2008/12/18/grand-theft-huffpo-pt-2/">many cases all</a> &#8212; of the content from another site, with a link back to the original.</p>
<p>The result is quick and easy traffic for the new Chicago edition, since the publication ends up catching some Google searches for keywords contained in the (Chicago-related) articles it takes. <em>HuffPo</em> already has good Google PageRank, so its own version of the content floats to the top of the results, even though it was not the original source.</p>
<p><em>HuffPo</em>'s justification, at least when <a href="http://www.huffingtonpost.com/jonah-peretti">the publication</a> was pulling this crap with <em>us</em>, taking the entirety of our RSS feeds, was that the reprinted posts were good promotion, since they included (a totally buried) backlink to the original content on our site.
</p></i></blockquote> 
But, apparently, when someone does it to AOL, it's no longer okay?  Now <i>that's</i> hypocritical.<br /><br /><a href="http://www.techdirt.com/articles/20120601/18045719179/aol-threatens-blogger-with-copyright-infringement-charge-doing-exact-same-thing-aol-has-done-large-scale.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120601/18045719179/aol-threatens-blogger-with-copyright-infringement-charge-doing-exact-same-thing-aol-has-done-large-scale.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120601/18045719179/aol-threatens-blogger-with-copyright-infringement-charge-doing-exact-same-thing-aol-has-done-large-scale.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shameful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120601/18045719179</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 10 Jun 2011 13:28:00 PDT</pubDate>
<title>Chicago Media Declares War On Flash Mobs, Mayor/Police Not So Much</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml</link>
<guid>http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml</guid>
<description><![CDATA[ Flash mobs are an odd sort of creature in the internet age. Normally, we associate them with some creative ways to entertain others or as a way to organize protests big and small. But now the esteemed Chicago media is reporting that several crimes in the Magnificent Mile area of downtown Chicago &quot;have stoked growing fears of criminal teen flash mobs.&quot; And who has been stoking those fears?
<br /><br />
The <a href="http://www.huffingtonpost.com/2011/06/06/chicago-flash-mobs-appare_n_871924.html">Chicago newspapers</a>, of course -- who have declared that these crimes are all due to "flash mobs."
<br /><br />
Last weekend there were four violent robberies in the city's famous shopping district, most or all of which appear to have been committed by relatively large groups of people (5-15). One such incident, which has been getting the most attention, resulted in a 68 year old man <a href="http://www.suntimes.com/5807665-417/flash-mob-victim-it-just-happened-too-quick.html">having his iPad and phone stolen</a> by a group of teenagers. In addition, a new tactic for young thieves in the shopping districts appears to be to flood a store, disperse, and coordinate a mass grab-and-run via text message. This tactic has been noticed for the past three to four years.
<br /><br />
The result has been a mini-media frenzy around &quot;flash mobs&quot;, even though most of the crimes reported aren't anything of the sort. Most are your standard everyday robberies, occurring in a neighborhood in Chicago where shops and shoppers (theoretically those with money to spend) are located. But four robberies resulted in a couple of press conferences, one including new Police Superintendent Garry McCarthy, who cautioned reporters not to...you know...make stuff up:
<blockquote><i>
The new superintendent cautioned reporters not to lump all of the incidents into the same category. Some are shoplifting. Others are robberies. And on Tuesday night, there was an incident that he called completely unrelated. One group of young men solicited cigarettes from another group of young men. When one man took out his wallet to pay, a member of the other group snatched the wallet and ran.
<br /><br />
&ldquo;These three men chased ten men to get the wallet back and eventually caught up to the ten men and lost the fight. That in no way shape or form represents anything that we&rsquo;ve been talking about,&rdquo; he said.</i></blockquote>
But thanks to this media attention, police are being diverted to the Magnificent Mile, an area with a <a href="http://upload.wikimedia.org/wikipedia/commons/2/29/Chicago_violent_crime_map_2006.png">relatively low violent crime rate</a>, historically. What's interesting is how associations with certain terms can change. Flash mobs were fun. Now, thanks to a local press with an overactive imagination during a slow news week (ah, Chicago baseball teams...), Chicago is beginning to associate negativity with the term, so much so that police are being diverted from truly violent neighborhoods to the shopping district to stave off the fear of unruly teenagers coordinating their crimes via text message and social media. And if the police are reacting this way now, at the start of the summer season, what in the world are they going to do during the festival season, when destinations like the Taste of Chicago and Lollapolooza spring up?<br /><br /><a href="http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110609/06401714634/chicago-media-declares-war-flashmobs-mayorpolice-not-so-much.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>meet-me-in-the-comments-section-in-five-minutes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110609/06401714634</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 5 May 2011 12:10:00 PDT</pubDate>
<title>Chicago Politicians Say Mobile Phones Should Block Kids From Texting While Driving</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110505/00370614161/chicago-politicians-say-mobile-phones-should-block-kids-texting-while-driving.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110505/00370614161/chicago-politicians-say-mobile-phones-should-block-kids-texting-while-driving.shtml</guid>
<description><![CDATA[ A few years back, there were some reports of tools that would "block" people from texting while driving by simply <a href="http://www.techdirt.com/articles/20090107/0855443310.shtml">disabling the feature</a> if the phone was moving over a certain speed.  It was targeted at parents to put on their kids' phones, but we haven't seen much of an indication that it's gained any traction.  No worries, politicians to the rescue.  Gregil10 points us to the news that "an influential group of Chicago aldermen," are pushing for a law that <a href="http://newsblogs.chicagotribune.com/clout_st/2011/05/chicago-aldermen-want-texting-disabled-if-teens-are-driving.html" target="_blank">would <b>require</b> such software be placed on any mobile phone</a> sold in Chicago, which could then be enabled by the parents (or, I guess, by the user themselves).
<br /><br />
Of course, the same problems that we discussed a few years back apply (and haven't been solved).  If you think kids won't figure out how to get around such things, you haven't seen kids and their mobile phones lately.  They understand the devices better than parents.  Even if a parent can figure out how to enable the software, you can bet kids will figure out how to disable it.
<br /><br />
An even bigger issue is that blocking texting based on the speed of travel is a really broad brush for trying to stop texting while driving.  Speed of travel isn't a very good proxy for whether or not someone is <i>driving</i>.  It may be a good indication that someone is <i>travelling in a vehicle</i>, but that hardly means they're controlling the vehicle.  And, it really doesn't make sense to block texting for <i>passengers</i>.  In fact, allowing passengers to communicate in this way often serves as a good way to <i>stop</i> drivers from texting, because they can ask a passenger to handle the texting instead.  Or if someone's on a bus or a train, should they really be stopped from texting?  Often, that's when people use such functionality the most, letting others (such as parents!) know that they got on the bus or train and would be arriving on time/late/early/etc.
<br /><br />
I certainly recognize the risks of texting and driving.  And it's no secret that many, many kids do engage in this incredibly risky and stupid behavior.  But laws like this don't solve the real problem.  Instead, they just create even more problems.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110505/00370614161/chicago-politicians-say-mobile-phones-should-block-kids-texting-while-driving.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110505/00370614161/chicago-politicians-say-mobile-phones-should-block-kids-texting-while-driving.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110505/00370614161/chicago-politicians-say-mobile-phones-should-block-kids-texting-while-driving.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>technological-realities</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110505/00370614161</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 25 Jan 2011 10:15:00 PST</pubDate>
<title>Artist Facing 15 Years In Jail For The Crime Of Videotaping His Own Arrest</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110125/01445112810/artist-facing-15-years-jail-crime-videotaping-his-own-arrest.shtml</link>
<guid>http://www.techdirt.com/articles/20110125/01445112810/artist-facing-15-years-jail-crime-videotaping-his-own-arrest.shtml</guid>
<description><![CDATA[ Yesterday, we wrote about a woman who was <a href="http://www.techdirt.com/articles/20110124/03395812790/woman-arrested-recording-attempt-to-report-police-officer-who-sexually-assaulted-her.shtml">facing 15 years in jail</a> for using her cameraphone to videotape part of her effort to get Internal Affairs of the Chicago Police Department to investigate an officer, whom she claims sexually assaulted her.  Apparently, this sort of situation is not unique in Illinois.  Another story this week tells about an artist who set out to do a reasonable bit of civil disobedience: to protest a Chicago ordinance concerning where and when he could sell artwork on the street. He intended to get arrested for that misdemeanor by selling his art.  As part of this, he had a First Amendment lawyer with him... <i>and a video crew</i>.  Well, he did get arrested, but not for the misdemeanor of selling artwork in the wrong spot, but <A href="http://www.huffingtonpost.com/2011/01/22/artist-could-face-15-year_n_812596.html" target="_blank">for the same felony of eavesdropping</a> and is facing the same 15 years in prison as the woman we spoke about yesterday.  Apparently, a big part of the problem is Illinois' Eavesdropping Act, which seems to create this ridiculous situation.  Of course, the fact that prosecutors are actually moving forward with charges on such things is equally ridiculous.  It's a good reminder of a reason to stay away from Chicago.<br /><br /><a href="http://www.techdirt.com/articles/20110125/01445112810/artist-facing-15-years-jail-crime-videotaping-his-own-arrest.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110125/01445112810/artist-facing-15-years-jail-crime-videotaping-his-own-arrest.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110125/01445112810/artist-facing-15-years-jail-crime-videotaping-his-own-arrest.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-a-problem</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110125/01445112810</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 24 Jan 2011 11:02:33 PST</pubDate>
<title>Woman Arrested For Recording Attempt To Report Police Officer Who Sexually Assaulted Her</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110124/03395812790/woman-arrested-recording-attempt-to-report-police-officer-who-sexually-assaulted-her.shtml</link>
<guid>http://www.techdirt.com/articles/20110124/03395812790/woman-arrested-recording-attempt-to-report-police-officer-who-sexually-assaulted-her.shtml</guid>
<description><![CDATA[ We've had a few stories about how police have been <a href="http://www.techdirt.com/articles/20100603/0859019675.shtml">abusing wiretap laws</a> to arrest people who video or audiotape the police, and here's a whopper of a case.  Apparently a woman named Tiawanda Moore <a href="http://reason.com/blog/2011/01/23/another-illinois-resident-char" target="_blank">has been arrested and faces 15 years in prison</a> in a case that goes to trial shortly.  Her "crime"?  Apparently, after being sexually assaulted by a Chicago police officer, she went to the Chicago Police Department's internal affairs group to report the officer.  After being pressured not to file a report, she pulled out her mobile phone and started recording what was going on.  The officers in the room saw this... and arrested her for eavesdropping.  Oh yeah, while her trial starts shortly, the officer she reported is still "being investigated."<br /><br /><a href="http://www.techdirt.com/articles/20110124/03395812790/woman-arrested-recording-attempt-to-report-police-officer-who-sexually-assaulted-her.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110124/03395812790/woman-arrested-recording-attempt-to-report-police-officer-who-sexually-assaulted-her.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110124/03395812790/woman-arrested-recording-attempt-to-report-police-officer-who-sexually-assaulted-her.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>feeling-safer?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110124/03395812790</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 30 Sep 2010 04:24:15 PDT</pubDate>
<title>Appeals Court Says Section 230 Does Not Protect Stubhub From Having To Pay 'Amusement Tax' On Tix Sold</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100929/19251211227/appeals-court-says-section-230-does-not-protect-stubhub-from-having-to-pay-amusement-tax-on-tix-sold.shtml</link>
<guid>http://www.techdirt.com/articles/20100929/19251211227/appeals-court-says-section-230-does-not-protect-stubhub-from-having-to-pay-amusement-tax-on-tix-sold.shtml</guid>
<description><![CDATA[ A couple years ago, we pointed out what appeared to be a <a href="http://www.techdirt.com/articles/20080520/1945341184.shtml">pure money grab</a> by the city of Chicago, demanding that Stubhub pay an extra tax (called an "amusement fee") on sales made by sellers and buyers in that city.  As we noted, the original ticket buyer already paid a tax, and resellers themselves should be responsible for paying any additional tax.  The district court <a href="http://www.techdirt.com/articles/20080915/0218312272.shtml">dismissed</a> the complaint from the city, noting that Section 230 protected it from being liable for actions of users.
<br /><br />
However, the appeals court <a href="http://courtlistener.com/ca7/09-3432/" target="_blank">does not agree</a>.  While it did not issue a complete ruling -- instead asking the Illinois state supreme court to weigh in on the subject first -- it does (very, very quickly) dismiss the Section 230 safe harbor claim (and instead focuses on other possible defenses).  The key part on Section 230:
<blockquote><i>
[Section 230] limits who may be called
the publisher of information that appears online. That
might matter to liability for defamation, obscenity, or
copyright infringement. But Chicago's amusement tax
does not depend on who "publishes" any information or
is a "speaker". Section 230(c) is irrelevant.
</i></blockquote>
Leaving aside the fact that Section 230 specifically exempts intellectual property law (making it odd to suggest it matters for copyright infringement), this seems like a pretty narrow view of Section 230.  The point of Section 230 is to make sure any liability is properly placed on the parties taking action.  Saying that it is limited solely to "speaking," ignores the overall point of Section 230.  Instead, the court seems to suggest it's entirely reasonable to put third party liability on a company -- especially in cases like Stubhub where it has a specific purpose (such as selling tickets, rather than as a general classifieds site).  This seems like an unfortunate and unnecessary limitation on Section 230.
<center>
<object id="_ds_56025499" name="_ds_56025499" width="560" height="550" type="application/x-shockwave-flash" data="http://viewer.docstoc.com/"><param name="FlashVars" value="doc_id=56025499&#038;mem_id=715794&#038;doc_type=pdf&#038;fullscreen=0&#038;allowdownload=1&#038;showrelated=0&#038;showotherdocs=0" /><param name="movie" value="http://viewer.docstoc.com/"/><param name="allowScriptAccess" value="always" /><param name="allowFullScreen" value="true" /></object>
</center><br /><br /><a href="http://www.techdirt.com/articles/20100929/19251211227/appeals-court-says-section-230-does-not-protect-stubhub-from-having-to-pay-amusement-tax-on-tix-sold.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100929/19251211227/appeals-court-says-section-230-does-not-protect-stubhub-from-having-to-pay-amusement-tax-on-tix-sold.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100929/19251211227/appeals-court-says-section-230-does-not-protect-stubhub-from-having-to-pay-amusement-tax-on-tix-sold.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>limitations</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100929/19251211227</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 25 May 2010 23:55:09 PDT</pubDate>
<title>Confusion Over Liability Extends To The Real World, Rather Than Just Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100521/1516489533.shtml</link>
<guid>http://www.techdirt.com/articles/20100521/1516489533.shtml</guid>
<description><![CDATA[ Reader jjmsan alerts us to a story that shows that various luxury brands suing service providers rather than those actually responsible doesn't <a href="http://www.techdirt.com/articles/20100401/1307558834.shtml">just</a> happen online, but can happen offline as well.  Apparently, luxury goods maker Coach is <a href="http://www.chicagobreakingbusiness.com/2010/05/coach-sues-chicago-over-maxwell-st-fakes.html" target="_blank">suing the city of Chicago</a>, because some vendors were selling counterfeit goods  at the Maxwell Street Market.  I'm at a loss as to why suing the city makes any sense at all.  In response to the original complaints, the city sent police officers to the market, and actually arrested those selling counterfeit goods (why this is a criminal, rather than a civil, matter is left as an exercise to the reader).  Either way, rather than recognize that the city appeared to be more than willing to work with Coach, the company sent a legal threat letter demanding that the city proactively crackdown on counterfeits.  When that failed, Coach sued the city.  Hopefully the courts will recognize the ridiculousness of suing the city, rather than focusing on the vendors actually responsible.<br /><br /><a href="http://www.techdirt.com/articles/20100521/1516489533.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100521/1516489533.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100521/1516489533.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sue-sue-sue-sue</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100521/1516489533</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 21 Dec 2009 10:52:26 PST</pubDate>
<title>Chicago Tribune Notices More Accidents Happening At Many Intersections With Red Light Cameras</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091218/1100537428.shtml</link>
<guid>http://www.techdirt.com/articles/20091218/1100537428.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=ronalddumsfeld">Dark Helmet</a> was the first of a few to send in a Chicago Tribune article <a href="http://www.chicagotribune.com/news/chi-red-light-cameras-suburbs-18dec18,0,4307283.story" target="_blank">looking at redlight camera accident rates</a> and seeing (as many other reports have shown before) that in many cases the number of accidents went up.  The report looked at fourteen intersections.  Seven showed increases in accidents, two stayed the same, and five dropped.  Even more interesting: at one of the intersections the number of t-bone "broadside" collisions (the ones that defenders of the cameras insist decrease) went up significantly.  That was just one intersection, though.  Others saw the more traditional decrease in broadsides, but significant increase in rear-end accidents as drivers slam on their brakes.  The other interesting finding from the data: contrary to the claims of camera defenders, over time the rate of accidents <i>did not</i> appear to decrease "as drivers learned about the cameras."
<br /><br />
Once again, we're left wondering why people still claim the cameras increase safety, when there appears to be no evidence to support that at all.  There <i>is</i> a clear and proven way to increase safety though: (1) increase the length of the yellow and (2) increase the delay (or, for places like California which have no delay, put in a delay) when lights in all direction are red, before switching the new direction to green.  Any municipality that puts in redlight cameras without doing those two things above, and then claims its about "safety" is lying.  Bizarrely, though, the supporters in the Chicago area are still defending their system:
<blockquote><i>
Even if not reflected in accident statistics, Belwood Police Chief Robert Collins Jr. said he sees drivers being more cautious as they approach stoplights. "Driver behavior has definitely changed," Collins said...
</i></blockquote>
Changed for the worse, apparently.  Are we to believe the police chief's anecdotal insistence or what the stats actually say?
<blockquote><i>
Roger Pawlowski, a division chief at the Oak Lawn Police Department, said the benefits of red-light cameras can't always be extrapolated from crash statistics.
</i></blockquote>
Ah, then what are we to extrapolate the benefits of redlight cameras from?  Checks cashed by the city?<br /><br /><a href="http://www.techdirt.com/articles/20091218/1100537428.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091218/1100537428.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091218/1100537428.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091218/1100537428</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 24 Feb 2009 01:10:56 PST</pubDate>
<title>Chicago Rushes Head First Into 'Limitless' Surveillance</title>
<dc:creator>Kevin Donovan</dc:creator>
<link>http://www.techdirt.com/articles/20090223/1502283870.shtml</link>
<guid>http://www.techdirt.com/articles/20090223/1502283870.shtml</guid>
<description><![CDATA[ Governments around the world are finding reasons to install surveillance cameras, but few are keeping account of the costs and benefits that come from those CCTV systems. Chicago, in its bid to follow in China's steps as host of the Olympics, is the most recent one to do so. By spending millions of dollars, <a href="http://www.suntimes.com/news/politics/1440402,mayor-daley-emergency-surveillance-cameras.article">Chicago aims to have a camera "on every corner" in preparation for the 2016 Summer Games</a> that it hopes to host. But they are doing so without thoughtful implementation or an understanding of the realities of around-the-clock government surveillance.
<br /><br />
Under the auspices of fighting crime and preventing terrorism, Chicago's Police Superintendent Jody Weis is hyping CCTV as having "limitless" crime-fighting potential. The reality, as is evident to anyone who has actually researched this type of thing, is that studies have shown <a href="http://www.youarebeingwatched.us/about/182/">municipal surveillance cameras to have little to no positive effect on crime.</a> Further, London is widely known to have the most extensive CCTV network in the world, but that served as little deterrent to the terrorists of July 2005. But instead of bringing this up, the Sun-Times and Chicago officials point to a test in which "live video was used to catch a petty thief in the act of sticking his hand in a Salvation Army kettle outside Macy's State Street." Given the cost in both dollars and civil liberties, it is hard to justify catching petty criminals stealing some coins from charity.
<br /><br />
But according to another city official, "civil libertarians have nothing to fear" from the blanket surveillance system because police operating the pan-and-tilt CCTV cameras see only what you would see if you were sitting on a park bench in front of that building." The difference, of course, is that by extending government power to all facets of public life, <a href="http://www.wired.com/politics/security/commentary/securitymatters/2008/03/securitymatters_0306">you extend the asymmetry of power between citizens and government</a> (especially the corrupt ones for which Illinois is known). Indeed, we have <a href="http://www.youarebeingwatched.us/true/3/">already seen examples of "park bench" type cameras being abused by government</a>. 
<br /><br />
What Chicago needs is an honest assessment of surveillance and a commitment to real police work, not hyped technology. If they want to follow in China's footsteps, it would be best to avoid the Big Brother ones.<br /><br /><a href="http://www.techdirt.com/articles/20090223/1502283870.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090223/1502283870.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090223/1502283870.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-will-they-be-able-to-spot-political-corruption?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090223/1502283870</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 20 May 2008 23:08:37 PDT</pubDate>
<title>Chicago Wants To Double-Collect Taxes On Event Ticket Sales</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080520/1945341184.shtml</link>
<guid>http://www.techdirt.com/articles/20080520/1945341184.shtml</guid>
<description><![CDATA[ eBay subsidiary StubHub seems like a pretty straightforward concept: it's a marketplace for event ticket resales.  It's  a huge market, and it makes sense to have a platform for people to resell tickets they've legally bought.  However, StubHub seems to keep getting attacked and finding itself in court.  First there was Ticketmaster, which <a href="http://www.techdirt.com/articles/20070420/004718.shtml">complained</a> that StubHub was violating Ticketmaster's "exclusive" rights to selling tickets to certain venues.  Then there was the New England Patriots who <a href="http://www.techdirt.com/articles/20071018/184111.shtml">demanded</a> the names of whoever sold tickets through StubHub in order to punish the ticketholders.  Now, the city of Chicago is <a href="http://hosted.ap.org/dynamic/stories/E/EBAY_CHICAGO_LAWSUIT?SITE=CADIU&#038;SECTION=HOME&#038;TEMPLATE=DEFAULT" target="_new">suing eBay and StubHub</a>, claiming that it needs to collect a special city "amusement tax" on each ticket sold.  This is a pure money grab.  The original ticket buyer already paid that tax -- and even if you accept the idea that resales should also be taxed (which is pretty questionable), then it seems like something that the actual seller should be responsible for, rather than StubHub/eBay itself.  But, don't tell that to Chicago politicians who see this as an easy way to hit up a big company for millions of dollars.  If this sounds similar to the attempts to suddenly get Amazon to <a href="http://www.techdirt.com/articles/20080511/1444101078.shtml">pay up</a> in other states, that's because it is.  Seems like local governments are looking for any way to squeeze companies for extra tax dollars, no matter how little sense it actually makes.<br /><br /><a href="http://www.techdirt.com/articles/20080520/1945341184.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080520/1945341184.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080520/1945341184.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pay-more-taxes</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080520/1945341184</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 5 May 2008 22:21:42 PDT</pubDate>
<title>Take Two Sues Chicago Transit For Taking Down Grand Theft Auto IV Ads</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080505/2100581036.shtml</link>
<guid>http://www.techdirt.com/articles/20080505/2100581036.shtml</guid>
<description><![CDATA[ Take Two Interactive, the makers of <i>Grand Theft Auto IV</i>, have now <a href="http://www.reuters.com/article/technologyNews/idUSN0541723720080505?feedType=RSS&#038;feedName=technologyNews" target="_new">sued the Chicago Transit Authority for taking down a series of ads</a> for the video game that had appeared on the transit system.  The Transit Authority took down the ads in response to a local news broadcast questioning the ads since there has supposedly been a wave of violent crime lately.  So... now people think that just <i>advertising</i> GTA IV leads to crime?  Considering there's <a href="http://www.techdirt.com/articles/20080418/005355882.shtml">no evidence</a> that even playing the game leads to violence, what's wrong with the ads?  It's hard to see why the CTA pulled the ads based on a silly, sensationalist news piece, though suing in response does seem a bit extreme as well.  Of course, either way, now that it gets GTA IV back into the news cycle, Take Two may just be leveraging the <a href="http://www.techdirt.com/articles/20080229/143915387.shtml">Streisand Effect</a> for all it's worth.<br /><br /><a href="http://www.techdirt.com/articles/20080505/2100581036.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080505/2100581036.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080505/2100581036.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>now-the-ads-inspire-crime?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080505/2100581036</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 31 Aug 2007 01:31:07 PDT</pubDate>
<title>Muni WiFi Takes A Beating</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20070830/103739.shtml</link>
<guid>http://www.techdirt.com/articles/20070830/103739.shtml</guid>
<description><![CDATA[ Municipal WiFi's been having a rough time lately, as the ridiculous levels of hype that built up around it <a href="http://www.techdirt.com/articles/20070705/135750.shtml">comes back to bite it</a> in the backside. Things have taken a turn for the worse over the past week: EarthLink's deal with San Francisco (which garnered <a href="http://www.techdirt.com/articles/20060405/1814236.shtml">tons of hype</a>) now looks <a href="http://news.yahoo.com/s/pcworld/20070830/tc_pcworld/136593">like it's dead</a>, while its deal in Houston looks <a href="http://www.chron.com/disp/story.mpl/metropolitan/5092403.html">like it's dying</a> as the company <a href="http://www.pcworld.com/article/id,136512-c,wirelesstechnologyservices/article.html">pulls back</a> from muni WiFi altogether. Meanwhile, city officials in Chicago <a href="http://www.suntimes.com/technology/531339,wifi082807.article">have dropped their plans</a> to get a vendor to build a citywide network there, after balking at demands that the city become the network's anchor tenant, and guarantee certain payments to the vendors. Elsewhere in Illinois, AT&#038;T has decided <a href="http://www.dslreports.com/shownews/ATT-Scraps-Springfield-WiFi-87069">not to move forward</a> with plans to build a muni network in Springfield.
<br /><br />All in all, it's not been a good week for muni WiFi and its backers. But does all this bad news spell doom for muni WiFi as a whole? Perhaps -- but the idea of municipal wireless in general still could hold some value. Muni WiFi is <a href="http://www.techdirt.com/articles/20070409/114328.shtml">bound to fail</a> when it's being judged by unrealistic expectations -- as so many muni networks are. Vendors and politicians have whipped up a frenzy around the networks, while a willing media lapped up the stories and fed them to an easily excitable public. The fact remains that <a href="http://www.techdirt.com/articles/20070123/102219.shtml">there are plenty of useful applications</a> of municipal wireless; delivering widespread public internet access, and making money from it, may simply not be one of them. Also, as we've stated before, WiFi -- a local networking technology -- <a href="http://www.techdirt.com/blog/wireless/articles/20060612/175252.shtml">may not be the best technology</a> to use for covering large areas. WiMAX could hold some promise in this regard, while in terms of muni broadband in general, <a href="http://www.techdirt.com/blog/wireless/articles/20060803/120004.shtml">fiber is probably even better</a>. And, as Rick Martin points out, many smaller communities <a href="http://www.informationweek.com/blog/main/archives/2007/08/end_nigh_for_mu.html">are seeing more success</a> with their muni WiFi efforts, an indication that smaller-scale installations are much more workable than huge citywide installations in places like Chicago and San Francisco. He also passes along the quote that muni WiFi is "the monorail of the decade" -- meaning it's the boondoggle du jour for local politicians. But as Martin also notes, that while the monorail has never really lived up to its hype as the solution to cities' public transport ills, the concept and some of the technology has lived on in the form of light rail and other transport projects. In the same way, while muni WiFi might be looking pretty poorly, the idea of municipal wireless, or municipal broadband, should live on.<br /><br /><a href="http://www.techdirt.com/articles/20070830/103739.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070830/103739.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070830/103739.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>weak-signal-strength</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20070830/103739</wfw:commentRss>
</item>
</channel>
</rss>