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<title>Techdirt. Stories filed under &quot;overreaction&quot;</title>
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<item>
<pubDate>Thu, 9 May 2013 08:57:54 PDT</pubDate>
<title>This Is My Pencil. This Is My Pencil Pretending To Be A Gun. One Is For Writing. One Is For Mandatory Suspensions.</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml</link>
<guid>http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml</guid>
<description><![CDATA[ <p>
A majority of human beings would look at two 7-year-old boys pretending their pencils are guns and say something about "boys being boys" or "someone's going to poke their eye out" and leave it at that. Those who <a href="http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml" target="_blank">craft and enforce zero tolerance</a> policies see something more sinister. They see "threatening behavior" that must be dealt with swiftly and with as little thought as possible.
<br /><br />
The end result? Two 7-year-old boys with otherwise clean records were handed two-day suspensions for <a href="http://reason.com/blog/2013/05/07/a-pencil-is-considered-a-weapon-when-its" target="_blank">pointing their pencils at each other and making shooting noises</a>. This ridiculous punishment was (of course) defended at length by school administration.
<blockquote>
<i>Suffolk Public Schools spokeswoman Bethanne Bradshaw said a pencil is considered a weapon when it&rsquo;s pointed at someone in a threatening way and gun noises are made.</i></blockquote>
Really? Administration thinks a pencil becomes a weapon when "gun noises are made." (They don't actually think this, of course. They've just crafted a policy that <i>states</i> this, thus preventing administration members from "erroneously" coming to independent conclusions.) I can see a pencil being considered a weapon if it's being "pointed" (in a stabbing motion) at a sensitive area like an eyeball or a neck. <i>Then</i> a pencil is a weapon.
<br /><br />
When two boys point pencils at each other and make shooting noises, a pencil is still a pencil and their imagination is doing all the heavy lifting. All it would take to "disarm" these kids is asking them to stop. Which is what a teacher did.
<blockquote>
<i>On the suspension note, the teacher noted that the boy stopped when she told him to do so.</i></blockquote>
Problem solved. No one is harmed and the perpetrators were left with nothing but non-threatening pencils. Why this was written on a suspension note, rather than on a simple concerned note to the parents or better yet, on NOTHING AT ALL, is beyond me. But Bradshaw has an answer for every question and <a href="http://washington.cbslocal.com/2013/05/07/2-va-boys-suspended-for-using-pencils-as-guns/" target="_blank">a terrible excuse for every idiotic zero tolerance policy</a>.
<blockquote>
<i>&ldquo;Some children would consider it threatening, who are scared about shootings in schools or shootings in the community,&rdquo; Bradshaw said. &ldquo;Kids don&rsquo;t think about &lsquo;Cowboys and Indians&rsquo; anymore, they think about drive-by shootings and murders and everything they see on television news every day.&rdquo;</i></blockquote>
Do they? My kids don't think about that kind of stuff. Then again, they rarely watch the news. Would my boys be "threatened" by a pencil gun? I doubt it. They're probably packing a pencil or two themselves during the school day. I'm going to go out on a limb and say that these hypothetical, hypersensitive children who bruise whenever the wind changes direction <i>do not actually exist</i>, at least not outside of statements like Bradshaw's. They're straw children.
<br /><br />
Bradshaw also defended the moronic policy using this gem:
<blockquote>
<i>Bradshaw said the policy has been in place for at least two decades.</i></blockquote>
So... you're saying the administration has been stupidly overreacting since back when MTV still played music videos and no one has <i>once</i> thought that <i>maybe</i> a few policies might need to be updated or relaxed or given a good once over with a dose of context or common sense? Rules <i>can</i> be changed, even big, important ones. (See also: Amendments 1-27 to the Constitution, but pay close attention to nos. 18 and 21.) Nothing's so inflexible that anyone should be reduced to the rhetorical level Bradshaw is, fending off irritated parents with "Yeah, it's a shitty policy but what are you going to do. It has tenure."
<br /><br />
Bradshaw doubles down on the importance and inflexibility of "rules" as well.
<blockquote>
<i>&ldquo;It&rsquo;s an effort to try to get kids not to bring any form of violence, even if it&rsquo;s violent play, into the classroom,&rdquo; Bradshaw said. &ldquo;There has to be a consequence because it&rsquo;s a rule."</i>
</blockquote>
Yeah, I get it. A rule is a rule. And enforcers like Bradshaw are throwing stuff on kids' permanent records that wouldn't pass the laugh test in the real world. Will this file note that the two boys "pointed pencils at each other and made shooting noises?" Or will it state something to the effect that the boys broke the school's policy on violence and threatening behavior? My guess is the latter, which will allow anyone perusing the record to imagine the worst.
<br /><br />
We can only hope that having these stories reported widely might push a few administrators to consider loosening or removing these so-called "zero tolerance" policies. Unfortunately, to date most administrators (and their policies) seem impervious to public ridicule, and every school-related tragedy just results in a newer, more rigid set of unbreakable rules. Until the day comes when kids can be kids without being suspended for pretending pencils are guns, parents might want to sit their kids down and have a long talk about safe pencil handling and the requirements and responsibilities that come with the "conceal-and-carry" permit they'll be needing before being allowed to start the next school year.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130507/16130622982/this-is-my-pencil-this-is-my-gun-one-is-writing-one-is-mandatory-two-day-suspensions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>school-admins-looking-to-shutter-known-arms-dealer-OfficeMax</slash:department>
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<pubDate>Thu, 7 Mar 2013 13:54:19 PST</pubDate>
<title>7-Year-Old Student Suspended For Waving Around A 'Gun' Made From A Pastry</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml</link>
<guid>http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml</guid>
<description><![CDATA[ <p>
So, it's come to this. Oh, wait. I've already used <a href="http://www.techdirt.com/articles/20130303/18153122181/misheard-will-smith-lyrics-results-arrest-student-district-wide-lockdown.shtml" target="_blank">that opening</a>, back when I thought the pinnacle of guns-n-schools overreaction had been approached, if not actually surmounted. Let's start again.
<br /><br />
So, <i>NOW</i> it's come to this. A seven-year-old suspended from school for crudely fashioning his breakfast pastry into a gun-like shape and <a href="http://www.washingtonpost.com/local/education/anne-arundel-second-grader-suspended-for-chewing-his-pastry-into-the-shape-of-a-gun/2013/03/04/44c4bbcc-84c4-11e2-98a3-b3db6b9ac586_story.html?hpid=z4" target="_blank">brandishing it in the most menacing fashion a gun-shaped pastry can be wielded</a>.
<blockquote>
<i>A 7-year-old Anne Arundel County boy was suspended for two days for chewing a breakfast pastry into the shape of a gun and saying, &ldquo;Bang, bang&rdquo;&mdash; an offense the school described as a threat to other students, according to his family.</i>
<br /><br />
<i>The pastry &ldquo;gun&rdquo; was a rectangular strawberry-filled bar, akin to a Pop-Tart, that the second-grader had tried to nibble into the shape of a mountain Friday morning, but then found it looked more like a gun, said his father, William &ldquo;B.J.&rdquo; Welch.</i></blockquote>
Yes. A Pop Tart knockoff makes a handy makeshift weapon, perhaps explaining why pastries are no longer served in prisons. When I say "it's come to this," it really has, but it's been a long time coming and there's plenty of precedent.
<blockquote>
- Feb. 5, 2013 - A ten-year-old Virginia student <a href="http://articles.washingtonpost.com/2013-02-05/local/36758640_1_toy-gun-orange-tip-school-bus" target="_blank">was suspended for bringing an orange-tipped toy gun on a bus</a>.
<br /><br />
- Feb. 1, 2013 - A 9-year-old student was <a href="http://www.newstribune.com/news/2013/feb/01/third-grader-suspended-over-toy-gun-fob/" target="_blank">suspended for bringing a 2-inch toy gun on a key fob to school</a>.
<br /><br />
- Jan. 29, 2013 - A 5-year-old student could be suspended for <a href="http://www.freerangekids.com/school-may-suspend-5-y-o-for-making-a-lego-gun/" target="_blank">crafting a Lego gun during an after-school program</a>. Not only that, but he'd crafted his <i>fingers</i> into a gun mere weeks earlier.
<br /><br />
- Jan. 22, 2013 - A 5-year-old is suspended <a href="http://www.cnn.com/2013/01/21/us/pennsylvania-girl-suspended" target="_blank">for discussing her Hello Kitty bubble gun</a>, saying, "I'll shoot you, you'll shoot me and we'll all play together."
<br /><br />
- Jan. 2, 2013 - A 6-year-old in a Washington D.C. school was <a href="http://www.freerangekids.com/boy-6-suspended-for-making-gun-gesture-with-hand/" target="_blank">suspended for making a gun gesture with his hands</a>.
<br /><br />
- August 28, 2012 - A deaf 3-year-old preschooler is asked to change the sign he uses for his name -- Hunter -- <a href="http://www.1011now.com/home/headlines/Grand-Island-Preschooler-Forbidden-Sign-Language-for-His-Own-Name-167394325.html#.UDv3-z1PhKg.facebook" target="_blank">which he signs by forming a gun with his hands</a>. Apparently, "saying" his name violates the school's weapon policy.
<br /><br />
- Feb. 24, 2012 - A drawing of a gun by a four-year-old resulted in <a href="http://www.therecord.com/news/local/article/676150--schoolgirl-s-father-shocked-by-arrest-on-gun-charge" target="_blank">the arrest of her father when he came to pick her up from school</a>. He was detained by police and strip-searched while his children were questioned by social services. The gun his child depicted? A plastic toy that belonged to his kids.</blockquote>
That's just a sampling. There are many more stories like these out there. There are many that are underreported or never reported, where parents just deal with the ridiculous outcome of zero-tolerance policies. For some reason, many schools still labor under the delusion that "zero tolerance" equals "tough, but fair." It's neither, and utilizing zero tolerance policies simply prunes the whole process back to a disfigured stump devoid of logic, perspective or context.
<br /><br />
So, a child eats something and starts playing with his food because it resembles something other than the RDA-approved Pop Tart knockoff. And his school responds by twisting its own weapons policy into a parody of itself. <a href="http://www.loweringthebar.net/2013/03/update-ii-school-offers-counseling-for-students-troubled-by-pastry-gun-incident.html" target="_blank">The actual wording pertaining to prohibited items</a>, courtesy of Lowering the Bar, reads like this:
<blockquote>
<i>Any gun of any kind, loaded or unloaded, operable or inoperable, including any object other than a firearm which is a look-a-like of a gun. This shall include, but is not limited to, pellet gun, paintball gun, stun gun, taser, BB gun, flare gun, nail gun, and air soft gun.</i></blockquote>
How does this policy apply to the pastry? That's a great question, and Lowering the Bar doesn't have an answer:
<blockquote>
<i>Josh's gun was not a firearm, because it was a pastry, and it seems highly unlikely that it qualified as a gun "look-a-like," again because it was a pastry. It certainly is nothing like any of the "look-a-like" items set forth in the list, largely because those items are not pastries.</i></blockquote>
The school's logic apparently is that if it <i>vaguely resembles</i> a gun and someone is <i>pretending</i> it's a gun, then it's a gun look-a-like. Case closed.
<br /><br />
This, in and of itself, would be pathetic enough. But it gets worse. The school sent home a letter regarding the (non) incident, which hilariously offers the assistance of staff counselors for anyone "troubled" by the weaponized pastry.
<blockquote>
<i>Dear Parents and Guardians:</i>
<br /><br />
<i>I am writing to let you know about an incident that occurred this morning in one of our classrooms and encourage you to discuss this matter with your child in a manner you deem most appropriate.</i>
<br /><br />
<i>During breakfast this morning, one of our students used food to make inappropriate gestures that disrupted the class. While no physical threats were made and no one [was] harmed, the student had to be removed from the classroom.</i>
<br /><br />
<i>* * *</i>
<br /><br />
<i>As you are aware, the ... Code of Student Conduct and appropriate consequences related to violations of the code are clearly spelled out in the Student Handbook, which was sent home during the first week of school and can be found on our website, www.aacps.org....<br /> If your children express that they are troubled by today's incident, please talk with them and help them share their feelings. Our school counselor is available to meet with any students who have the need to do so next week. In general, please remind them of the importance of making good choices.</i></blockquote>
Kevin Underhill at LTB adds:
<blockquote>
<i>Pretty sure that if your children are "troubled" by another kid biting a pastry into something that looks sort of like a gun and waving said pastry around, you have already failed as a parent.</i></blockquote>
And I'd add that if you've done even a merely passable job as a parent, the only "feeling" your children might want to "share" is that their school is run by officious asshats, even if they haven't quite developed the vocabulary to say that in so many words. (Don't kid yourselves, parents: they're quite capable of swearing well above their grade level.)
<br /><br />
This is the nadir of the education system's zero tolerance weapon policies. Zero tolerance does nothing more than relieve the administrative staff from the possibility of having blood on their hands. No situtation is too ridiculous to be taken seriously -- and punished harshly. Reducing every incident to binary ensures that no school employee can ever be held responsible for overreacting to any perceived "threat," no matter how innocuous. In many ways, the education system is a reflection of our current "homeland security" ecosystem where the endless pursuit of "safety" has become the impetus for thousands of terrible policies, all enforced inflexibly.
<br /><br />
There's a way to pull out of this nosedive but it involves many, many people being willing to make judgement calls on the fly and able to face the heat should their judgement falter. Unfortunately for many in the system, the risk is much higher than the reward. For many in these positions, the possibility of being wrong is incapacitating and zero tolerance policies relieve this pressure. Trying to steer the system back towards a greater reliance on common sense won't be easy, but continuing to let it drift in its current direction will do nothing to improve the safety and security of our schools, much less our country.
<br /><br />
<br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130304/16481322196/7-year-old-student-suspended-waving-around-gun-made-pastry.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>'always-be-a-good-boy/don't-ever-play-with-buns'</slash:department>
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<pubDate>Wed, 20 Feb 2013 05:44:55 PST</pubDate>
<title>Armed UK Police Raid House Over Facebook Picture Showing Toy Weapon In Background</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml</link>
<guid>http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml</guid>
<description><![CDATA[ <p>One of the reasons Techdirt rails against exaggerated responses to supposed terrorist threats is that it has caused police forces around the world to lose all sense of proportion -- literally, in the case of this UK story from the Daily Mail.
</p><p>
It began when Ian Driscoll decided to post a picture to his Facebook page.  It was of <a href="http://www.dailymail.co.uk/news/article-2278111/Operation-overkill-Armed-cops-swoop-Action-Man-looking-mortar-owner-posts-picture-TOY-weapon-Facebook.html">an Action Man doll, accompanied by a toy Alsatian dog</a>.  Why? you might ask.  Well, "as a laugh", he says, because the Action Man figure looked a lot like him, and he had a real Alsatian -- which sounds entirely reasonable.  What Driscoll did not note at the time, though, was that lurking in the background of the picture was another toy: a model mortar.
<center>
<a href="http://imgur.com/aJlCdsS"><img src="http://i.imgur.com/aJlCdsS.jpg" width=400 /></a>
</center>
Unfortunately, a few weeks later, someone else spotted that toy mortar and, mindful of the incessant UK government propaganda about terrorists being everywhere, duly over-reacted and reported the image.  Even more unfortunately, the police also over-reacted -- to the extent of sending five officers, two armed with sub-machine guns (and you thought they didn't carry them in the UK), ready to smash down Driscoll's front door and go in with guns blazing against this supposed terrorist cell.
</p><p>
Luckily, Driscoll was there, and was able to defuse the situation by showing them the mortar in question. He was able to point out that it was in fact only slightly larger than the nearby Playstation that was clearly visible in the snap he had posted, and considerably smaller than the table that was also prominent in the Facebook picture.  He might even have pointed out that the figure and dog in his upload were quite obviously toys to anyone who spent more than three seconds examining the picture.  The police had presumably decided not to waste those precious three seconds before acting.  Instead, as a spokesperson later said:

<i><blockquote>'We are sure that the community would rather we acted quickly on information given to us of this nature, in case it had turned out to be a weapon.'</blockquote></i>

Well, no, actually: what the community would really like is for the police to use some intelligence before reaching for the sub-machine guns.  If they had just stopped and looked carefully at the picture, it would have been evident that there was no possible threat here.  And that's likely to be the case for many other incidents around the world where the police have assumed the worst.  
</p><p>
That not only represents a huge waste of their valuable time and resources, it also perpetuates the corrosive idea that we should be constantly afraid and ready to report anything and anyone odd or vaguely suspicious, no matter how absurd it would seem to anyone looking at things rationally.  This then creates a self-sustaining loop of public fear and police over-reaction.  It's time to scale the rhetoric back, and to make common-sense judgments common again.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130219/09591822028/armed-uk-police-raid-house-over-facebook-picture-showing-toy-weapon-background.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let's-get-rational</slash:department>
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<pubDate>Thu, 10 Jan 2013 09:17:55 PST</pubDate>
<title>Police Use HIPAA To Justify Charging Citizen For Recording Them</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130109/10540821619/ramsey-county-police-use-hipaa-to-justify-charging-citizen-recording-them.shtml</link>
<guid>http://www.techdirt.com/articles/20130109/10540821619/ramsey-county-police-use-hipaa-to-justify-charging-citizen-recording-them.shtml</guid>
<description><![CDATA[ At some point, some national group is going to have to get the memo out to local law enforcement agencies within the United States that it is perfectly legal to record them while they operate in public. We&#39;ve seen <a href="http://www.techdirt.com/articles/20120726/12443919846/one-day-after-dc-police-told-not-to-interfere-with-citizens-recording-them-police-seize-mans-phone.shtml">case</a> after <a href="http://www.techdirt.com/articles/20110929/10325216136/guy-arrested-threatened-with-15-years-recording-traffic-stop-illinois.shtml">case</a> after <a href="http://www.techdirt.com/articles/20110920/07470216024/citizen-recording-police-proves-officer-lied-about-arrest.shtml">case</a> of citizens having their property taken away or being charged with trumped up crimes all because they pointed a recording device at the police. Hell, some states have tried to enact <a href="http://www.techdirt.com/articles/20120302/12363517959/yet-another-court-says-illinois-eavesdropping-law-that-criminalizes-recording-police-is-unconstitutional.shtml">unconstitutional laws</a> to back up their ill-conceived and unwarranted positions.<br />
<br />
All that being said, you just have to hand it to a police force up in Minnesota for the sheer cajones it took to do what they did. It started as other stories have, with a citizen, Andrew Henderson, recording police as they frisked a bloodied man before he was loaded into an ambulance and then having an <a href="http://www.twincities.com/localnews/ci_22333563/little-canada-man-videotaped-sheriffs-deputies-and-got">officer take his recording device away</a>.
<blockquote>
The deputy, Jacqueline Muellner, approached him and snatched the camera from his hand, Henderson said.</blockquote>
<blockquote><i>
"We'll just take this for evidence," Muellner said. Their voices were recorded on Henderson's cellphone as they spoke, and Henderson provided a copy of the audio file to the Pioneer Press. "If I end up on YouTube, I'm gonna be upset."</i></blockquote>
We've seen this kind of thing before, of course. Police use the excuse of evidence collecting to take away recording devices, which is really the only thing they're interested in. It's wrong. We get that. Usually some kind of internal review of the incident is triggered, asses are officially covered, and then the recording device is returned, sometimes after having been wiped. It's a bad enough story as it stands.<br />
<br />
And that scenario is almost exactly what happened here, as the spokesman for Ramsey County acknowledged in a quote that citizens have the right to record police. But everyday abusive practices aren't enough for Ramsey County officers, apparently. The only thing that will satisfy them appears to be a new level of bullshit hitherto unseen, because a week later, when Henderson went to retrieve the camera, the police charged him with disorderly conduct and obstruction, with the citation noting that this was due to a "Data privacy HIPAA violation." In case you aren't clear on this, in the blogging industry, we refer to this as a massive amount of bullshit (piles and piles of it).
<blockquote>
<i>The allegation that his recording of the incident violated HIPAA, or the federal Health Insurance Portability and Accountability Act, is nonsense, said Jennifer Granick, a specialist on privacy issues at Stanford University Law School. The rule deals with how health care providers handle consumers' health information.</i></blockquote>
<blockquote>
<i>"There's nothing in HIPAA that prevents someone who's not subject to HIPAA from taking photographs on the public streets," Granick said. "HIPAA has absolutely nothing to say about that."</i></blockquote>
The kicker? The deputy who had taken the camera for "evidence" purposes erased all the footage. The exchange in which she took that camera was audio recorded by Henderson separately on his cell phone, a recording which he still has. I would suggest that if the police do not immediately rescind their trumped up charges against him, Henderson should insist that we take the deputy at her word, assume she collected the camera and its footage as evidence, and then we can all begin discussing how much prison time the deputy should be doing for destruction of evidence and obstruction of justice.<br />
<br />
That's no more crazy than anything the police have done in this story.<br /><br /><a href="http://www.techdirt.com/articles/20130109/10540821619/ramsey-county-police-use-hipaa-to-justify-charging-citizen-recording-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130109/10540821619/ramsey-county-police-use-hipaa-to-justify-charging-citizen-recording-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130109/10540821619/ramsey-county-police-use-hipaa-to-justify-charging-citizen-recording-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that's-just-bullshit</slash:department>
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<pubDate>Fri, 3 Aug 2012 19:39:00 PDT</pubDate>
<title>Why Tragedies Result In Overreactions: 'Our Brains Aren't Very Good At Risk Analysis'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120801/21294019913/why-tragedies-result-overreactions-our-brains-arent-very-good-risk-analysis.shtml</link>
<guid>http://www.techdirt.com/articles/20120801/21294019913/why-tragedies-result-overreactions-our-brains-arent-very-good-risk-analysis.shtml</guid>
<description><![CDATA[ Bruce Schneier has an excellent post over at CNN discussing <a href="http://edition.cnn.com/2012/07/31/opinion/schneier-aurora-aftermath/index.html?c=&#038;page=0" target="_blank">why it's so easy for everyone from the general public to earnest politicians to draw the wrong conclusions after major tragedies</a>, like the recent shooting in Aurora. Occasionally, a horrific incident will result in a positive change in existing laws or some much-needed rethinking of current policies and procedures. More often than not, though, the conclusions and lessons drawn from the experience are just flat out wrong. It's not as if anyone truly aims to make the world worse post-tragedy, it's just that the human brain is more than happy to sabotage better rationale, thanks to its inherent limitations.
<blockquote>
<i>The problem is that fear can cloud our reasoning, causing us to overreact and to overly focus on the specifics. And the key is to steer our desire for change in that time of fear.</i><br />
<br />
<i>Our brains aren't very good at probability and risk analysis. We tend to exaggerate spectacular, strange and rare events, and downplay ordinary, familiar and common ones. We think rare risks are more common than they are. We fear them more than probability indicates we should.</i><br />
<br />
<i>There is a lot of psychological research that tries to explain this, but one of the key findings is this: People tend to base risk analysis more on stories than on data. Stories engage us at a much more visceral level, especially stories that are vivid, exciting or personally involving.</i></blockquote>
Schneier puts it more simply:
<blockquote>
<i>If a friend tells you about getting mugged in a foreign country, that story is more likely to affect how safe you feel traveling to that country than reading a page of abstract crime statistics will.</i><br />
<br />
<i>Novelty plus dread plus a good story equals overreaction.</i></blockquote>
While people might be swayed (through no fault of their own) by little more than anecdotal evidence, the real danger lies in legislators drawing the same bad conclusions from the same limited data. This knee-jerk legislative reaction is so common by now that it has its own truism: <a href="http://www.volokh.com/2011/07/11/political-ignorance-and-caylees-law/" target="_blank">laws named after crime victims and dead people are usually a bad idea</a>. Beyond simply being an under-thought effort to "do something," the laws conflate the victim with the law itself, leading the public to believe that voting against the law is the same thing as voting against an innocent person.<br />
<br />
Because of these factors, bad laws are pushed through with a minimum of resistance. In the aftermath of a tragedy, public opinion is usually on the side of the politicians looking to "do something." It's inconceivable to many people for a horrifying event like this to pass without some sort of reaction from their elected officials. Will bad laws follow the Aurora shooting? Well, it remains to be seen how "bad" any legislative attempts will be, but it&#39;s pretty much guaranteed that these attempts won&#39;t result in good laws or even necessary laws.<br />
<br />
Public opinion is already on the side of legislators interested in reacting through legislation. A <a href="http://50.56.53.88/public_content/lifestyle/general_lifestyle/july_2012/52_say_violence_in_video_games_movies_leads_to_more_violence_in_society" target="_blank">recent Rasmussen poll</a> showed that more than half of those surveyed feel that violence in movies and video games leads to more violence in society. Another 14% were undecided.<br />
<br />
The first politician to take a swing at "doing something," Senator Frank Lautenberg, is using the Aurora shooting to revive his dormant gun control bill (which was introduced after another rare occurrence -- the Tuscon, AZ shooting that wounded Rep. Gabrielle Giffords), <a href="http://thehill.com/video/senate/240657-cybersecurity-bill-includes-gun-control-measure" target="_blank">going so far as to have his bill grafted onto CISPA as an amendment</a> in order to expedite its passage. His bill/amendment <a href="http://www.huffingtonpost.com/2012/07/30/obama-gun-laws-online-ammunition_n_1720122.html?utm_hp_ref=elections-2012" target="_blank">adds an ID requirement to the purchase of ammo in hopes of preventing a singular incident</a> (a person purchasing 6,000 rounds of ammo via the internet and opening fire in a crowded movie theater) from happening again.
<blockquote>
<i>Lautenberg says his bill could help to prevent the sale of ammunition "to a terrorist or the next would-be mass murderer."</i><br />
<br />
<i>"If someone wants to purchase deadly ammunition, they should have to come face-to-face with the seller,&rdquo; Lautenberg said in a statement. &ldquo;It&#39;s one thing to buy a pair of shoes online, but it should take more than a click of the mouse to amass thousands of rounds of ammunition.</i>"</blockquote>
While it's a given that the bill won't actually keep ammunition out of the hands of "terrorists" or "mass murderers," one thing is certain: it will be heralded as a success by its supporters if another mass killing involving a gunman with thousands of rounds of internet-purchased, stockpiled ammo fails to materialize. This sort of post-hoc justification echoes the empty rationale surrounding post-9/11 legislation, as explained by Schneier:
<blockquote>
<i>Our greatest recent overreaction to a rare event was our response to the terrorist attacks of 9/11. I remember then-Attorney General John Ashcroft giving a speech in Minnesota -- where I live -- in 2003 in which he claimed that the fact there were no new terrorist attacks since 9/11 was proof that his policies were working. I remember thinking: "There were no terrorist attacks in the two years preceding 9/11, and you didn&#39;t have any policies. What does that prove?"</i></blockquote>
Well, it proves that questionable legislation, given the right political climate, can sail through nearly uncontested. In Lautenberg&#39;s case, it simply proves that no pet legislation ever really dies. It just stays on life support until it's passed or the pet owner leaves office. Of all the possible legislative overreactions to a tragedy like this, Lautenberg's is rather tame. With Holmes failing to provide a more easily attacked target like video games or music, all that's left is Hollywood, and it appears that most politicians are wisely reluctant to invoke charges of censorship while simultaneously angering one of their greatest benefactors.<br />
<br />
When the next tragedy occurs, the cycle will begin again, not because people are stupid or politicians are evil (although there are plenty of both), but because humans are humans. The anomalous will always be more frightening than the mundane dangers of everyday existence. The more unforeseeable the event, the more we look for ways to prevent its recurrence. A recent plane crash will cause some to alter travel plans, but a deadly pileup on the freeway, while a more likely danger, never sends drivers scurrying for the safety of mass transit. The most we can hope for is to maintain a sense of perspective and apply some hindsight in order to prevent instinctive reactions from negatively affecting our future.<br /><br /><a href="http://www.techdirt.com/articles/20120801/21294019913/why-tragedies-result-overreactions-our-brains-arent-very-good-risk-analysis.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120801/21294019913/why-tragedies-result-overreactions-our-brains-arent-very-good-risk-analysis.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120801/21294019913/why-tragedies-result-overreactions-our-brains-arent-very-good-risk-analysis.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>sold-down-the-river-by-our-own-intellect</slash:department>
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<pubDate>Fri, 20 Jul 2012 07:26:00 PDT</pubDate>
<title>Couple Arrested For Dancing On NYC Subway Platform</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120710/08455719645/couple-arrested-dancing-nyc-subway-platform.shtml</link>
<guid>http://www.techdirt.com/articles/20120710/08455719645/couple-arrested-dancing-nyc-subway-platform.shtml</guid>
<description><![CDATA[ Perhaps some day, if I manage to live long enough, somebody somewhere will be able to explain to me why the seemingly benign combination of dancing, cameras, and police tends to result in threats, beatdowns, and arrests. Recall a year ago when I had the privilege to write about protestors getting bodyslammed at the <a href="http://www.techdirt.com/articles/20110602/04271714524/do-little-dance-make-little-loveget-bodyslammed-tonight-jefferson-memorial.shtml">Jefferson Memorial</a> for the horrific crime of silently dancing on the premises? <br /><br />
Well, <a href="http://www.techdirt.com/profile.php?u=yakkowarner">Yakko Warner</a> writes in with the story of two nefarious characters, code named George Hess and Caroline Stern, who had the gall to dance on a New York City subway platform and <a href="http://www.nypost.com/p/news/local/manhattan/waltz_the_charge_officer_8jQ7kbvZwVhaU4PxNi917K#ixzz20DitOgl0">were taken to the ground and arrested for their trouble</a>. As that New York Post piece explains, the couple found themselves near a musician playing on steel drums: <blockquote><p><i>&ldquo;We were doing the Charleston,&rdquo; Stern said. That&rsquo;s when two police officers approached and pulled a &ldquo;Footloose.&rdquo;<br />&ldquo;They said, &lsquo;What are you doing?&rsquo; and we said, &lsquo;We&rsquo;re dancing,&rsquo; &rdquo; she recalled. &ldquo;And they said, &lsquo;You can&rsquo;t do that on the platform.&rsquo; &rdquo; <br /></i>
</p></blockquote><p>And so, as their training manuals surely instructed them to do, the officers demanded to see their IDs. Because they were dancing. Where someone was playing the drums. In the most cosmopolitan and culturally-rich city in America. In any case, when Hess could only produce a credit card (which had his name and photo on it), this happened:
<blockquote><p><i>"The officers ordered the couple to go with them &mdash; even though the credit card had the dentist&rsquo;s picture and signature. When Hess began trying to film the encounter, things got ugly, Stern said.&ldquo;We brought out the camera, and that&rsquo;s when they called backup,&rdquo; she said. &ldquo;That&rsquo;s when eight ninja cops came from out of nowhere.&rdquo;<br /></i>
</p></blockquote></p><p>The ninja cops then alledgedly tackled Hess to the floor, cuffed both of them, and detained the pair for twenty-three hours. The initial charge was apparently impeding the flow of traffic of what is reported to have been three other people on the platform. The police then added other charges, such as resisting arrest. </p><p>All charges were subsequently dropped when the paperwork was finally reviewed by the NYPD's Not Crazy Department. The couple are now suing in Manhattan courts, but maybe it's time a national memo went out to law enforcement agencies reminding them that dancing people with cameras don't necessarily need to be tackled?</p><br /><br /><a href="http://www.techdirt.com/articles/20120710/08455719645/couple-arrested-dancing-nyc-subway-platform.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120710/08455719645/couple-arrested-dancing-nyc-subway-platform.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120710/08455719645/couple-arrested-dancing-nyc-subway-platform.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>waltz-the-problem-with-dancing?</slash:department>
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<pubDate>Wed, 23 May 2012 09:11:00 PDT</pubDate>
<title>Senator Ron Wyden Slams Cybersecurity Legislation Proposals For Eroding Trust &#038; Privacy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120522/10550819026/senator-ron-wyden-slams-cybersecurity-legislation-proposals-eroding-trust-privacy.shtml</link>
<guid>http://www.techdirt.com/articles/20120522/10550819026/senator-ron-wyden-slams-cybersecurity-legislation-proposals-eroding-trust-privacy.shtml</guid>
<description><![CDATA[ Senator Ron Wyden took to the floor of the Senate earlier this week to <a href="http://www.wyden.senate.gov/news/video-and-audio/view/wyden-on-cyber-security-privacy-should-be-the-default-not-the-exception" target="_blank">speak out against pretty much all of the current cybersecurity proposals out there</a> arguing that <b>"privacy should be the default, not the exception."</b>  While noting that narrowly targeted cybersecurity rules could be helpful in protecting consumers, he stated that it seems clear that these bills are much more focused on opening up the internet for government to spy and monitor activities online:
<center>
<iframe width="560" height="315" src="http://www.youtube.com/embed/eT37wUW_FBE" frameborder="0" allowfullscreen></iframe>
</center>
The full speech is chock full of good points, such as the importance of trust in creating a functioning internet, and how these bills can ruin that by cutting away at our privacy:
<blockquote><i>
Congress&#8217; effort to develop a comprehensive approach to cyber security must not erode that trust.   When Americans go online to consume digital services and goods, they must believe and know with some certainty that their privacy is adequately protected.  The content Americans consume must be at least as private as their library records, video rentals, and book purchases in the brick and mortar world.  Our law enforcement and Intelligence agencies should not be free to monitor and catalog the speech of Americans just because it&#8217;s online.
 <br /><br />
But the bill passed by the other body, known as CISPA, would erode that trust.  As an attempt to protect our networks from real cyber-threats CISPA is an example of what not to do.  CISPA  repeals important provisions of existing electronic surveillance law that have been on the books for years without instituting corresponding privacy, confidentiality, and civil liberties safeguards. It creates uncertainty in place of trust, it erodes  statutory and constitutional civil rights protections, and it creates a surveillance regime in place of the targeted, nimble, cyber-security program that is needed to truly protect this nation.
 <br /><br />
Unfortunately, S. 2105, the bill before the Senate shares some of these defects.  Currently Internet services and service providers have agreements with their customers that allow them to police and protect their networks and users.  Rather than simply allowing these internet companies to share information on users who violate their contracts and pose a security threat, the House and Senate proposals authorize a broad based information sharing regime that can operate with impunity.  This would allow the personal data of individual Americans to be shared across a multitude of bureaucratic, military, and law enforcement agencies.  This takes place regardless of the privacy agreements individual Americans have with their service providers.
<br /><br />
In fact, both the House and Senate bills subordinate all existing privacy rules and constitutional principles to the poorly defined interest of &#8220;cyber-security.&#8221;
</i></blockquote>
Wyden goes even further later in the speech noting -- as many of us have been arguing all along -- that these bills are a massive overreaction to the possibility of an issue, which are much more about ways for government contractors to <a href="http://www.techdirt.com/articles/20100517/1141179445.shtml">profit</a> from fear:
<blockquote><i>
As they stand, these bills are an overreaction to a legitimate fear.  The American people will respond by limiting their online activities.  That&#8217;s a recipe to stifle speech, innovation, job creation, and social progress.  
 <br /><br />
I believe these bills will encourage the development of a cyber security industry that profits from fear and whose currency is Americans private data.  These bills create a Cyber Industrial Complex that has an interest in preserving the problem to which it is the solution.
</i></blockquote>
There's a lot more in the speech that's worth hearing, so check it out.<br /><br /><a href="http://www.techdirt.com/articles/20120522/10550819026/senator-ron-wyden-slams-cybersecurity-legislation-proposals-eroding-trust-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120522/10550819026/senator-ron-wyden-slams-cybersecurity-legislation-proposals-eroding-trust-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120522/10550819026/senator-ron-wyden-slams-cybersecurity-legislation-proposals-eroding-trust-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>privacy-should-be-the-default,-not-the-exception</slash:department>
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<pubDate>Thu, 12 Apr 2012 05:10:00 PDT</pubDate>
<title>New York Convinces Game Companies To Kick Registered Sex Offenders Off Gaming Services</title>
<dc:creator>Zachary Knight</dc:creator>
<link>http://www.techdirt.com/articles/20120405/12173518391/new-york-convinces-game-companies-to-kick-registered-sex-offenders-off-gaming-services.shtml</link>
<guid>http://www.techdirt.com/articles/20120405/12173518391/new-york-convinces-game-companies-to-kick-registered-sex-offenders-off-gaming-services.shtml</guid>
<description><![CDATA[ Back in 2008, New York <a href="http://www.techdirt.com/articles/20080516/1600511140.shtml">passed a law</a> requiring registered sex offenders to register all email addresses and social network accounts with the government. Since then, a number of states have passed <a href="http://www.techdirt.com/articles/20090813/1553575869.shtml">similar laws</a> and some social networks, such as <a href="http://www.techdirt.com/articles/20090220/1017023844.shtml">Facebook</a>, have resorted to simply banning sex offenders from the sites. While these laws provide those who pass them with political capital in following elections, their effectiveness is pretty minimal if it can even be measured. <br /><br /> Not content with just making the online lives of registered sex offenders more difficult, New York is now poised to make sex offenders online lives less enjoyable. New York Attorney General Eric Schneiderman has <a href="http://www.gamasutra.com/view/news/168102/Sony_Microsoft_remove_sex_offenders_from_online_games_ACLU_questions_effectiveness.php#comment145153" target="_blank">announced the first wave of an initiative called "Operation: Game Over"</a>. Under this initiative, over 3500 sex offenders' online gaming accounts with companies such as Apple, Microsoft and Blizzard have been banned completely. AG Schneiderman applauds the effort with the following:
<blockquote>
<i>We must ensure online video game systems do not become a digital playground for dangerous predators. That means doing everything possible to block sex offenders from using gaming networks as a vehicle to prey on underage victims. </i>
</blockquote>
While protecting children from dangerous predators is a noble goal, one needs to seriously question this initiative.This isn't just removing access to gaming networks for those that have targeted children in the past, it is also affecting hundreds possibly thousands of people whose crimes had nothing to do with children. To ban them completely from gaming networks seems a bit much. In fact, the New York Civil Liberties Union questions just that:
<blockquote>
<i>While the intent here is admirable, schemes like this one do very little to keep children safe and trample on the right to free speech and expression. <br /><br /> And the problem this initiative is trying to solve is almost non-existent. Children are almost always abused by people they know &ndash; a friend or family member &ndash; not by people they interact with while playing video games online.</i> 
</blockquote>
If the problem New York is trying to solve is non-existent, then what are they actually accomplishing here? Much like other similar initiatives, those supporting it have no concrete answers. Even Microsoft has no real idea why it is going along with the initiative it; it just is:
<blockquote>
<i>At Microsoft, we continually evaluate ways to manage safety for our 40 million Xbox Live members and particularly for children on our service. Our partnership with the Office of the New York Attorney General helps further this cause. </i>
</blockquote>
 Do you want to know what could really help you protect the 40 million Xbox Live members? An educational program for parents on how to properly manage the online play of their children would do a far more effective job at protecting children than an effort like this. Banning registered sex offenders will do nothing to protect children from predators that have not been caught and prosecuted in the past. 
<br /><br />
Not only are these people blocked from playing with children through these services, they are also blocked from playing with friends and family members. We are further eroding the ability for these people to reintegrate themselves with society, and for what? While New York and those gaming companies that partnered with the state continue the witch hunt, they will surely earn some brownie points with parents. After all, that is really what matters in an election year. Being able to say, "I did something to protect your children." That is the important thing. Who cares if justice is actually being served? Sex offenders are expendable. They aren't real people. At least you can keep telling yourself that if it helps you sleep at night.<br /><br /><a href="http://www.techdirt.com/articles/20120405/12173518391/new-york-convinces-game-companies-to-kick-registered-sex-offenders-off-gaming-services.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120405/12173518391/new-york-convinces-game-companies-to-kick-registered-sex-offenders-off-gaming-services.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120405/12173518391/new-york-convinces-game-companies-to-kick-registered-sex-offenders-off-gaming-services.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>it's-an-election-year</slash:department>
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<pubDate>Wed, 11 Apr 2012 08:18:05 PDT</pubDate>
<title>Overreacting To Anonymous Is A Greater Threat To Freedom, Innovation &#038; Creativity Than Any Of Their Attacks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120407/02024918420/overreacting-to-anonymous-is-greater-threat-to-freedom-innovation-creativity-than-any-their-attacks.shtml</link>
<guid>http://www.techdirt.com/articles/20120407/02024918420/overreacting-to-anonymous-is-greater-threat-to-freedom-innovation-creativity-than-any-their-attacks.shtml</guid>
<description><![CDATA[ We've noted the disturbing trend by the press and politicians to totally overreact or to pump up the actual impact and/or threat of various Anonymous hacking attacks.  We've also noted multiple times that such attacks can be incredibly counterproductive -- and the press and politician backlash is part of what we're talking about.  However, there is a real risk in continuing to overreact to Anonymous.  The most extreme example, of course, was NSA boss General Keith Alexander insisting that Anonymous <a href="http://www.techdirt.com/articles/20120221/23433317835/nsa-anonymous-might-one-day-hack-power-grids-anonymous-huh.shtml">might hack</a> power grids... while also noting that it had no actual ability to do so.
<br /><br />
Yochai Benkler has a typically brilliant essay in Foreign Affair magazine explaining why <a href="http://www.foreignaffairs.com/articles/137382/yochai-benkler/hacks-of-valor?page=show" target="_blank">overreacting to and misunderstanding Anonymous is ridiculous and dangerous</a>:
<blockquote><i>
Seeing Anonymous primarily as a cybersecurity threat is like analyzing the breadth of the antiwar movement and 1960s counterculture by focusing only on the Weathermen. Anonymous is not an organization. It is an idea, a zeitgeist, coupled with a set of social and technical practices. Diffuse and leaderless, its driving force is &#8220;lulz&#8221; -- irreverence, playfulness, and spectacle. It is also a protest movement, inspiring action both on and off the Internet, that seeks to contest the abuse of power by governments and corporations and promote transparency in politics and business. Just as the antiwar movement had its bomb-throwing radicals, online hacktivists organizing under the banner of Anonymous sometimes cross the boundaries of legitimate protest. But a fearful overreaction to Anonymous poses a greater threat to freedom of expression, creativity, and innovation than any threat posed by the disruptions themselves.
</i></blockquote>
Benkler argues that if you look at Anonymous' actions in the "context of protest," you begin to realize that what they're doing is much more about political speech than any sort of "security" risk or terrorist threat.  After detailing a bunch of hacks -- where they all had political messages of sort attached to them, Benkler notes:
<blockquote><i>
The political nature of these targets demonstrates why it is patently wrong to see Anonymous purely as a cyberthreat. Opinions about the justifiability of any given attack may differ, either because of the target or because of its form. The main challenge becomes one of deciding who gets to set the boundaries of legitimate protest. If one unquestioningly accepts the validity of all U.S. government decisions, as well as the current distribution of power in the private sector, the pattern of Anonymous&#8217; attacks seems unambiguously dangerous. But surely there must be a place for civil disobedience and protest that is sufficiently disruptive to rouse people from complacence. Viewing Anonymous purely as a matter of crime reduction or national security will lead governments to suppress it and ignore any countervailing considerations. A more appropriate, balanced response to Anonymous&#8217; attacks would err on the side of absorbing damage and making the hacks&#8217; targets resilient, rather than aggressively surveilling and prosecuting the network and its participants. 
</i></blockquote>
He notes that some of Anonymous' attacks appear to go over the line from protest to something more problematic, but most of them really are just forms of traditional protest.  But the overreaction threatens to hinder all sorts of online protests and speech, which is a very dangerous precedent to set.  Hopefully those insisting that Anonymous is pure evil can take the time to read Benkler's full article and reconsider their views.<br /><br /><a href="http://www.techdirt.com/articles/20120407/02024918420/overreacting-to-anonymous-is-greater-threat-to-freedom-innovation-creativity-than-any-their-attacks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120407/02024918420/overreacting-to-anonymous-is-greater-threat-to-freedom-innovation-creativity-than-any-their-attacks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120407/02024918420/overreacting-to-anonymous-is-greater-threat-to-freedom-innovation-creativity-than-any-their-attacks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>preach-it</slash:department>
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<pubDate>Tue, 20 Mar 2012 05:30:46 PDT</pubDate>
<title>British National Arts Program Aims To Rob Thousands Of Kids Of Their Copyrights</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120315/12484618117/british-national-arts-program-aims-to-rob-thousands-kids-their-copyrights.shtml</link>
<guid>http://www.techdirt.com/articles/20120315/12484618117/british-national-arts-program-aims-to-rob-thousands-kids-their-copyrights.shtml</guid>
<description><![CDATA[ <p><a href="http://parents.facebritain.org.uk/whatisfacebritain/" target="_blank">Face Britain</a>, a national collaborative art project in the UK, is collecting children's self-portraits to build an online gallery and a composite portrait of the Queen, among other things. It's all pretty harmless school-activity stuff, until you notice that the release form includes the extreme requirement that parents transfer "all intellectual property rights, including copyright" to the foundation that runs the program. Such a requirement is not unheard of, but is rarely necessary and should be justified&mdash;but when The Register reached out to boss Jeremy Newton to ask about it, his response demonstrated that he just <a href="http://www.theregister.co.uk/2012/03/14/face_britain_copyright_grab/" target-"_blank">doesn't know the first thing about copyright</a>:</p>

<blockquote><em>"We weren't sure how we'd change the images for this big projection. We need a legal power to use the image which is flexible enough for us to blend it into an image of the Queen, that the whole image revolves around," said Newton.
<br /><br />
The chief executive believes that the intellectual property acquisition only applies to the photographic reproduction of the artwork. He said: "The ownership of the creative artwork remains with the child and the school - they can keep it and use it however they wish. We don't take ownership of the creative artwork."
<br /><br />
He did, however, appear to be unclear on just how extensive those rights are in reality, and added: "The issue on licensing is not as simple as saying that children are the creators. They use brushes and paints other people have given them. They create the image in school or at home."
</em></blockquote>

<p>Um, what? Let's look at this piece by piece.</p>

<p>Firstly, the "legal power" they need can easily be obtained with a blanket license&mdash;the kind that countless websites obtain on user-generated content. From Newton's phrasing, it sounds like they didn't want to bother looking into it, so they just required the most extreme transfer of rights they could think of in order to cover all their bases. Shame.</p>

<p>Secondly, I'm baffled by the distinction Newton tries to make between the copyright and the "creative artwork" itself. Presumably by "creative artwork" he means the original physical portrait, which remains in the hands of the student. But to say they can "use it however they wish" is misleading at best&mdash;if the copyright has been transferred in its entirety to someone else, then there are all sorts of limitations on what they can do with it.</p>

<p>Finally, it doesn't matter who gives an artist their "brushes and paints" nor whether they created it "in school or at home". There may genuinely be some authorship questions when it comes to younger kids who are directly assisted by parents and teachers, but if that's the case, nobody can hand over the copyrights until those questions are resolved anyway.</p>

<p>What this really points to is one of the biggest overall problems with copyright law: it's so complicated that a lot of people go way overboard with their restrictions and requirements rather than figuring out what rights they actually need. But that doesn't let Face Britain off the hook, either: when you're running a fun project involving thousands of kids, there's no excuse for being sloppy about this stuff. Newton says he is going to add an explanation for the rights transfer to the website, but that's not a solution at all. No rights transfer is necessary, and what he should really be doing is replacing that draconian clause with a more reasonable license agreement, which is all they ever needed in the first place.</p><br /><br /><a href="http://www.techdirt.com/articles/20120315/12484618117/british-national-arts-program-aims-to-rob-thousands-kids-their-copyrights.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120315/12484618117/british-national-arts-program-aims-to-rob-thousands-kids-their-copyrights.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120315/12484618117/british-national-arts-program-aims-to-rob-thousands-kids-their-copyrights.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-for-no-good-reason-at-that</slash:department>
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<pubDate>Mon, 16 Jan 2012 16:05:00 PST</pubDate>
<title>Why Is NBCUniversal Threatening To Report Commenters They Disagree With To Their Employers?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120116/12545917420/why-is-nbcuniversal-threatening-to-report-commenters-they-disagree-with-to-their-employers.shtml</link>
<guid>http://www.techdirt.com/articles/20120116/12545917420/why-is-nbcuniversal-threatening-to-report-commenters-they-disagree-with-to-their-employers.shtml</guid>
<description><![CDATA[ This one is a little bizarre.  David Seaman, a contributor to Business Insider, claims that he <a href="https://plus.google.com/u/0/104621204832216628958/posts/CoT8U5t4ccE" target="_blank">lost his contributor status</a> at the site following a dispute he had with an NBCUniversal employee, Anthony Quintano, concerning NBC's coverage of both SOPA/PIPA and NDAA.  The details are a bit complex, but I've emailed with David a few times.  It appears he posted some comments on NBC Universal's Google+ page, complaining about their lack of coverage on both issues:
<center>
<a href="http://imgur.com/UTDzb"><img src="http://i.imgur.com/UTDzb.jpg" width=500  /></a>
</center>
The comment seems perfectly reasonable, but NBCUniversal deleted it, and later claimed that it was <i>spam</i>:
<center>
<a href="http://imgur.com/cCi7Q"><img src="http://i.imgur.com/cCi7Q.png" width=500 /></a>
</center>
It's pretty difficult to see how that's spam, and David said so:
<center>
<a href="http://imgur.com/9lNT7"><img src="http://i.imgur.com/9lNT7.png" width=500 /></a>
</center>
Following this, Quintano told David that he had contacted Business Insider to complain about David's statements.
<center>
<a href="http://imgur.com/jVeWp"><img src="http://i.imgur.com/jVeWp.png" /></a>
</center>
This is the part that seems the most troubling.  Why would NBCUniversal employees decide that contacting someone else's employer, because they don't like his comments, makes any sense at all.  That's just outright bullying.
<br /><br />
Either way, David then alerted his editor at Business Insider, who said:
<blockquote><i>
 I think it might be best if we revoked your account for now. We've drastically cut back on our contributors recently and while we really appreciate your posts there have been far too many of these types of contentious issues lately.
</i></blockquote>
Now, there are all sorts of ways to look at this, and I'd almost be more inclined to question how Business Insider handled this, rather than NBCUniversal.  The second one of your writers gets into a little bit of controversy, you cut them loose?  Way to look out for your writers, BI. 
<br /><br />
So I'm not sure I buy the story that NBCUniversal is the reason Seaman is no longer a contributor to BI, but it is a fact that Quintano directly threatened to contact Business Insider to complain about David's statements.  It's downright slimy for NBCUniversal employees to threaten people to contact their employers because NBCUniversal doesn't agree with their statements online.  Disagree, fine.  Hell, I don't even have a huge problem if NBCUniversal wants to be anti-internet and block comments it doesn't like (as it was doing here).  But to then threaten to impact someone's livelihood because you don't like their comments?  That's just bullying.<br /><br /><a href="http://www.techdirt.com/articles/20120116/12545917420/why-is-nbcuniversal-threatening-to-report-commenters-they-disagree-with-to-their-employers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120116/12545917420/why-is-nbcuniversal-threatening-to-report-commenters-they-disagree-with-to-their-employers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120116/12545917420/why-is-nbcuniversal-threatening-to-report-commenters-they-disagree-with-to-their-employers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-bizarre</slash:department>
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<pubDate>Tue, 13 Dec 2011 10:02:29 PST</pubDate>
<title>Senator Briefly Brings Fake Driver's License App To The Public Eye Before Having It 'Taken 'Round Back And Shot'</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20111209/14240617027/senator-writes-angry-advertisement-fake-drivers-license-app.shtml</link>
<guid>http://www.techdirt.com/articles/20111209/14240617027/senator-writes-angry-advertisement-fake-drivers-license-app.shtml</guid>
<description><![CDATA[ Senator Bob Casey of Pennsylvania has taken virtual pen in hand and crafted a letter to Tim Cook, Apple's new CEO, in order to <a href="http://consumerist.com/2011/12/senator-calls-for-apple-to-pull-app-that-lets-users-create-their-own-drivers-licenses.html" target="_blank"><strike>provide free advertising for</strike> warn him about a possibly "rogue" app that allows iPhone users to create phony drivers' licenses</a>. <br /><br /> He has a lot to say in his <strike>full page ad</strike> overly concerned email concerning "Drivers License" and waxes effusively about all the <strike>fun</strike> terrible things that could possibly happen should the app fall into the wrong hands. It's not simply a matter of a couple of kids going on a beer run. No, the "Drivers License" app could quite possibly tear down this great nation. From the inside. <blockquote><i>Dear Mr. Cook:</i></blockquote><blockquote><i>I write to express my concern with "License" by DriversEd.com, an application available for download in Apple's App Store which can be used to create counterfeit identity documents. <b>I believe this application poses a threat to public safety and national security</b>, and I request that you remove it from the App Store immediately.</i><br /></blockquote> Sure, to the average iPhone user (who, until today, had most likely never even heard of this app), this piece of software looks like a clever little distraction that could be used to crank out replica IDs, only with cleavage, buttocks or buttock cleavage in place of the usual mug shot. Or perhaps the average user might whip up a couple of fake IDs for their 10-year-old twins in the interest of making them easier to tell apart.<br /><br /> Bob Casey sees it another way. The <i>only</i> purpose this app serves is to grease the wheels of a multitude of criminal and terrorist enterprises. <blockquote><i>By downloading "License", anyone with an iPhone or iPad can easily manufacture a fake driver's license by taking a photo and inserting it into one of fifty state driver's licenses' templates. Users then have a high quality image resembling an actual driver's license which they can easily print, laminate, and use for any number of illegal and fraudulent activities.</i><br /></blockquote>Waitwaitwaitwaitwait. ... what?<br /><p>"<i>Laminate</i>?" <br /><br /> I may not have done any actual research on this, but I'm fairly sure laminated state IDs went the way of the mimeograph machine and the Fourth Amendment. I'm guessing the only place a laminated ID is valid is at the community college book store and even then, the student discount does not apply to textbooks.<br /><br /> Today's typical state ID is a modern marvel, chock-full of holograms, magnetic strips and a thinly disguised Mark of the Beast.* It takes a bit more than some purloined office supplies to create a passable fake these days and your average inkjet just isn't up to the task. <br />*<i>Bible Belt only</i>. <br /><br /> Moving on: 
<blockquote><i>While DriversEd.com markets the app as a fun game, it can also be used in a way that allows criminals to create a new identity, steal someone else's identity, or permit underage youth to purchase alcohol or tobacco illegally.</i><br />
</blockquote>
Once again, if a laminated fake is out there living your life in a ways you only dreamt possible, your beef is with those who accepted a laminated printout as a legitimate form of identification, not with the app that helped create this faux-you that went out skydiving/dynamite purchasing. This includes the staff at the bottle shop who have just become both everyday heroes <i>and</i> easy marks for hundreds of thirsty (and previously smoke-free) teenagers. <br /><br /> But the real issue here (among several other equally real issues, except that this is truly the <i>REAL</i> issue) is the threat this app poses to America! <blockquote><i>National security systems depend on the trustworthiness of driver's licenses, yet with a counterfeit license created by this app, a terrorist could bypass identity verification by the Transportation Security Administration, or even apply for a passport.</i><br /></blockquote> Good lord! This isn't an app! It's an all-in-one terrorist creation kit! Your (probably) non-local terrorist need do nothing more than sign a 2-year contract with a cell phone company, download and install the app, take a couple of headshots, take a couple more headshots with Instagram for old-time lulz and then it's off to the explodey races!<br /><br /> But Bob isn't done yet. It's back to the original "real" problem: <blockquote><i>By assisting in the creation of counterfeit driver's licenses, "License" threatens to ease deception by criminals and contribute to the rising problem of identity theft. Given these risks, I request that you remove this application from the App Store immediately, as well as any other available applications that allow users to create, steal or alter false identities.</i><br /></blockquote> So... all photo apps need to be deleted? Any photo editing software? Anything that could pull up a template or reference image for photo IDs? Like say, browser software? How about the built-in camera, Bob? Should that be removed as well? After all, it <i>does</i> take pictures, and as we have seen, a facial photo is the gateway drug to corrupting minors, racking up Mom's JC Penny card and attempting to detonate underwear bombs.<br /><br /> The best part about this overwrought letter? Thousands of people who had no idea something this much fun/trouble was available in the app store are now being informed that yes, such a thing exists and <a href="http://itunes.apple.com/us/app/drivers-license/id337295220?mt=8" target="_blank">here's the link to purchase it.</a> <b>[No longer available. See below.]</b> Does it ever occur to people like Senator Casey that maybe, just maybe, if no one else is worked up about something that maybe the best thing you could do, as a person in a position of power, is just <i> let it go</i>? Otherwise, Sen. <a href="http://en.wikipedia.org/wiki/Streisand_effect">Barbra</a>, this is the sort of thing that happens. Everyone thinks you're ridiculous and the app in question enjoys a spike in popularity. <br /><br /> The lesson is: if you want to see something you'd like to get rid of go viral instead, just throw your weight around and start cranking out blustery emails to corporate CEOs. <br /><br /> <b>PREPRESS UPDATE:</b> <br /><br /> <a href="http://consumerist.com/2011/12/apple-removes-app-that-let-users-make-fake-drivers-licenses.html" target="_blank">And Apple has killed the app</a>. I suppose with millions of other apps still for sale there's no reason to make a stand for a single app. That doesn't make it any less disappointing to find out that with the right name signed to the bottom of a misguided letter is all it takes to get someone else's craftwork killed. I guess the real lesson is: <strike>if you want to see something you'd like to get rid of go viral instead,</strike> <i>just throw your weight around</i> <strike>and start cranking out blustery emails to corporate CEOs</strike>. <br /><br /> Senator Casey takes a moment <a href="http://casey.senate.gov/newsroom/press/release/?id=9a7d6507-b062-4e75-a255-52dbd888f57b" target="_blank">to congratulate himself</a> over at his website:
<blockquote>
<i>"I urged Apple to take the responsible step of removing this dangerous app, and I'm pleased that the app is no longer available in the store," Senator Casey said. "As Pennsylvania and states across the country deal with the rising problem of identity theft, tools that facilitate breaking the law should not be available to potential criminals."</i>
</blockquote>
Roughly translated:
<blockquote>
<i>"I overreacted to something and now it is gone. We still have our work cut out for us dealing with the rising problem of identity theft and I am sure that pulling this app has done little to nothing towards fighting that problem. Instead, it has given the office of the Senator the appearance of Having Done Something, and in the end, isn't that what really matters?"</i>
</blockquote>
&nbsp;</p><br /><br /><a href="http://www.techdirt.com/articles/20111209/14240617027/senator-writes-angry-advertisement-fake-drivers-license-app.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111209/14240617027/senator-writes-angry-advertisement-fake-drivers-license-app.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111209/14240617027/senator-writes-angry-advertisement-fake-drivers-license-app.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i-hate-this-therefore-no-one-else-can-have-it</slash:department>
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<pubDate>Wed, 9 Nov 2011 10:01:10 PST</pubDate>
<title>A History Of Hyperbolic Overreaction To Copyright Issues: The Entertainment Industry And Technology</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20111108/17562016686/history-hyperbolic-overreaction-to-copyright-issues-entertainment-industry-technology.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20111108/17562016686/history-hyperbolic-overreaction-to-copyright-issues-entertainment-industry-technology.shtml</guid>
<description><![CDATA[ It seems that the entertainment industry has settled on its hilarious key talking point against people who are concerned about SOPA/PROTECT IP.  I've been seeing variations on this in a bunch of different places, but the entertainment industry's biggest shills are focusing on the idea that the concerns being raised by actual technologists, entrepreneurs, innovators, creators and investors are somehow "hysterical hyperbole."  A key example is RIAA boss Cary Sherman's <a href="http://news.cnet.com/8301-1023_3-57320417-93/riaa-chief-copyright-bills-wont-kill-the-internet/?tag=cnetRiver" target="_blank">"rebuttal" posted to News.com this week</a>, which starts out with "let's all take a deep breath," and goes on to say that passing SOPA "won't kill the internet." 
<br /><br />
That's all well and good, though no one has said it will <i>kill</i> the internet, but just change it in massively significant ways that the RIAA/MPAA and its ilk don't understand.  Remember, these are the folks who once admitted that they were <a href="http://www.techdirt.com/articles/20071127/011720.shtml">too clueless</a> to even know how to <i>hire</i> a good technologist, let alone understand how a massive change to the fundamental regulatory and technological framework of the internet will impact innovation.
<br /><br />
But, really, let's go back to a key point.  In the last century or so, which industry has a habit of being hysterical and hyperbolic about copyright issues... and which has a history of being right.  Let's start about a century ago, with John Philip Sousa, the composer.  In 1906, he went to Congress to complain about the infernal technology industry and how it was going to ruin music:
<blockquote><i>
These talking machines are going to ruin the artistic development of music in this country. When I was a boy...in front of every house in the summer evenings, you would find young people together singing the songs of the day or old songs. Today you hear these infernal machines going night and day. We will not have a vocal cord left. The vocal cord will be eliminated by a process of evolution, as was the tail of man when he came from the ape.
</i></blockquote>
Yes, the tech industry was going to kill music, because of "these infernal machines."
<br /><br />
Around that time, Thomas Edison, who tried to monopolize the entire "moving pictures" industry as both a content provider and a tech provider, freaked out over the idea of others providing machines that could show movies, claiming that if there were ten such movie "screen machines" in the US, it would kill the industry:
<blockquote><i>
If we put out a screen machine there will be a use for maybe ten of them in the whole United States.  With that many screen machines you would show the pictures to everyone in the country -- and then it would be done.  Let's not kill the goose that lays the golden egg.
</i></blockquote>
Jump forward to 1932 and that great technological innovation called "radio."  Once again, fear permeated the entertainment industry, leading to calls for massive changes to the laws and complaints about how radio was <a href="http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml">killing the industry</a>:
<blockquote><i>
Tin Pan Alley is sadly aware that Radio has virtually plugged up its oldtime outlets, sheet music and gramophone discs. The average music publisher used to get $175,000 a year from disc sales. He now gets about 10% of this. No longer does a song hit sell a million copies. The copious stream of music poured out by Radio puts a song quickly to death. The average song's life has dwindled from 18 months to 90 days; composers are forced to turn out a dozen songs a year instead of the oldtime two or three.
</i></blockquote>
Evil stuff.  Okay.  Jump forward a few years, to the rise of cable TV.  Once again, the MPAA freaks out, because some cable TV stations are "rebroadcasting" network TV.  The MPAA argues in court that cable TV effectively kills off copyright law, as noted in a dissent in one of <a href="http://scholar.google.com/scholar_case?case=13012024816130931072&hl=en&as_sdt=2&as_vis=1&oi=scholarr">the key cases</a> concerning the legality of cable TV:
<blockquote><i>
We are advised by an amicus brief of the Motion Picture Association that films from TV telecasts are being imported by CATV into their own markets in competition with the same pictures licensed to TV stations in the area into which the CATV&mdash;a nonpaying pirate of the films&mdash;imports them. It would be difficult to imagine a more flagrant violation of the Copyright Act. Since the Copyright Act is our only guide to law and justice in this case, it is difficult to see why CATV systems are free of copyright license fees, when they import programs from distant stations and transmit them to their paying customers in a distant market. That result reads the Copyright Act out of existence for CATV.
</i></blockquote>
Jump forward a decade or so, and we have the infamous statement of Jack Valenti <a href="http://cryptome.org/hrcw-hear.htm" target="_blank">comparing the VCR to the Boston Strangler</a>:
<blockquote><i>
I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.
</i></blockquote>
Around the same time, over in the UK, the British Phonographic Industry (BPI) -- the equivalent of the RIAA -- began its infamous campaign <a href="http://en.wikipedia.org/wiki/Home_Taping_Is_Killing_Music" target="_blank">telling the world</a>:
<blockquote><i>
Home taping is killing music.
</i></blockquote>
Or, in logo form:
<center>
<a href="http://imgur.com/QK65D"><img src="http://i.imgur.com/QK65D.png" alt="" title="Hosted by imgur.com" /></a>
</center>
Okay, how about the DVR?  The wonderful device that made TV watchable and useful again?  The entertainment industry attacked that big time, focusing its legal guns on ReplayTV, who it effectively forced out of business.  As part of the arguments against Replay, the entertainment industry's lawyers claimed that:
<blockquote><i>
What's happening here is much more than just delaying the time in which I watch a show that I taped off the television.  I'm delaying it, and watching it without commercials, and that is something that our courts have never said is acceptable.
</i></blockquote>
Yes, watching TV without commercials goes against the law.  Turner Broadcasting boss Jamie Kellner put it more succinctly:
<blockquote><i>
People who watch TV without commercials are stealing from the entertainment producers.
</i></blockquote>
Okay.  MP3 players?  The thing that's such a huge part of the music industry today?  Cary Sherman's RIAA did everything it could to kill them in its lawsuit against the Diamond Rio.  From the RIAA's <a href="https://w2.eff.org/legal/cases/RIAA_v_Diamond/19981124_riaa_brief_images/second10.html" target="_blank">filing in the case</a>:
<blockquote><i>
While the proliferation of MP3s over the Internet has been a serious problem for the recording industry, the scope of that problem has been bound by a natural limitation.  MP3 files can be played only by computers, and enjoyed only while operating a computer.  The introduction of the Rio devices -- and a number of anticipated look-alike devices from other vendors -- will change that by making MP3 files portable.  
<br /><br />
[....]
<br /><br />
The growth of illicit MP3 files will injure not only the record companies and artists whose work will be pirated, but also the music publishers, musicians, background singers, songwriters and others whose existence is dependent on revenue earned by record sales.
</i></blockquote>
How about the XM + MP3 device that let <i>paying</i> subscribers to XM radio record what they listen to -- just like you could record radio over the air or off a computer?  Yeah, the record labels <a href="http://www.techdirt.com/articles/20060516/1818232.shtml">sued over that</a>, claiming $150,000 in statutory damages per recorded song.
<br /><br />
And, finally, how about Viacom's attack on YouTube, claiming it was the equivalent of a "Grokster for video."  While that case is still ongoing, Viacom has argued that if the district court ruling stands, it would <a href="http://www.techdirt.com/articles/20101203/14363512120/viacom-plays-insane-hyperbole-card-claiming-youtube-ruling-would-completely-destroy-content-value.shtml">completely destroy the value of content</a>:
<blockquote><i>
If affirmed by this Court, that construction of Section 512(c) would radically transform the functioning of the copyright system and severely impair, if not completely destroy, the value of many copyrighted creations. It would immunize from copyright infringement liability even avowedly piratical Internet businesses.
</i></blockquote>
Given this little tour through history, it's pretty damn funny to see the RIAA and MPAA and their supporters insisting that it's the tech industry who has a history of hyperbole on these subjects.  As far as I can tell, there isn't a technological innovation that has come along in the last century that the entertainment industry hasn't had a hysterical negative reaction to... even as it later turned out to be a massive help to the industry.
<br /><br />
Thus, when the entertainment industry seeks to totally overturn the basic technological and regulatory underpinnings of the internet, over its latest freakout (rogue sites! cyberlockers!), forgive those of us who have seen this hyperbolic overreaction play out before, from pointing out that (a) the entertainment industry is totally and completely overreacting and (b) rushing into broad regulatory changes without the input or help of the tech industry is a big, big mistake.  As with nearly every technology discussed above, if the RIAA and MPAA would just stop freaking out and falsely believing it's a legal or enforcement issue, and recognize that it's all <a href="http://www.techdirt.com/articles/20111108/00553216676/why-protect-ipsopa-is-exact-wrong-approach-to-dealing-with-infringement-online.shtml">a business issue</a>, then the tech industry can actually help them innovate, support new services and make more money.  Instead, in typical hyperbolic overreaction fashion, they're seeking to kill the very infrastructure that is their path to solve their current financial woes.
<br /><br />
So, when the RIAA and the MPAA insist that "something must be done!" as quickly as is humanly possible to deal with the "threat" of so-called "rogue sites" domestically and abroad, we say back to them: "let's all take a deep breath."  And suggest that, perhaps it is they who are hysterically overreacting... as they've done for over a century.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20111108/17562016686/history-hyperbolic-overreaction-to-copyright-issues-entertainment-industry-technology.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20111108/17562016686/history-hyperbolic-overreaction-to-copyright-issues-entertainment-industry-technology.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20111108/17562016686/history-hyperbolic-overreaction-to-copyright-issues-entertainment-industry-technology.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-sky-is-falling,-the-sky-is-falling</slash:department>
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<pubDate>Tue, 8 Feb 2011 08:22:23 PST</pubDate>
<title>Sony Demanding Identity Of Anyone Who Saw PS3 Jailbreak Video On YouTube</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110207/23320513000/sony-demanding-identity-anyone-who-saw-ps3-jailbreak-video-youtube.shtml</link>
<guid>http://www.techdirt.com/articles/20110207/23320513000/sony-demanding-identity-anyone-who-saw-ps3-jailbreak-video-youtube.shtml</guid>
<description><![CDATA[ Sony continues to <i>massively</i> overreact to the news that a hacker figured out how to "jailbreak" the PS3 in order to re-enable the functionality that Sony had <a href="http://www.techdirt.com/articles/20100331/0128358800.shtml">deleted</a> from PS3s.  Beyond getting a far overreaching <a href="http://www.techdirt.com/articles/20110127/17101112863/sony-ps3-hacker-gagged.shtml">gag order</a> on George Hotz, who figured out the jailbreak, and <a href="http://www.techdirt.com/articles/20110131/03325912892/sony-trying-to-play-whac-a-mole-over-ps3-hack.shtml">playing Whac-a-Mole</a> to try to take down the code anywhere it appears, the company has now asked a judge to order Google to <a href="http://www.wired.com/threatlevel/2011/02/sony-lawsuit-factory/" target="_blank">provide the IP addresses and other identifying info</a> of anyone who viewed or commented on the video about the jailbreak that was hosted on a private YouTube page.  The company is also promising to sue anyone who posts or distributes the code any further.  Did Sony learn <i>nothing</i> from the <a href="http://www.techdirt.com/articles/20070501/202154.shtml">AACS debacle</a>?  How long until we start seeing t-shirts, tattoos and URLs with the code?  How long until it starts appearing in songs as well?
<br><Br>
Every move that Sony makes to try to hide this code only further promotes that it's out there.  And all of this accomplishes what, exactly?  Why is Sony so hell bent on punishing everyone for daring to restore functionality that they thought had been included in a box they had bought?  And why does Sony (who really should know better) think that this strategy will be effective this time, when every single time a company has reacted this way it has backfired in a big, bad way?  It's as if the lawyers at Sony haven't noticed how the internet works.<br /><br /><a href="http://www.techdirt.com/articles/20110207/23320513000/sony-demanding-identity-anyone-who-saw-ps3-jailbreak-video-youtube.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110207/23320513000/sony-demanding-identity-anyone-who-saw-ps3-jailbreak-video-youtube.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110207/23320513000/sony-demanding-identity-anyone-who-saw-ps3-jailbreak-video-youtube.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>give-it-up-guys</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110207/23320513000</wfw:commentRss>
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<pubDate>Wed, 2 Feb 2011 16:02:00 PST</pubDate>
<title>FiveFingers Blocks Right Finger -- Just Asking For Middle One</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110114/17132012681/fivefingers-blocks-right-finger----just-asking-middle-one.shtml</link>
<guid>http://www.techdirt.com/articles/20110114/17132012681/fivefingers-blocks-right-finger----just-asking-middle-one.shtml</guid>
<description><![CDATA[ Treating fans and customers as if they might be criminals is a really bad idea.  But, so many companies seem to do it these days.  <a href="http://v.gd/music">Mr Klein</a> alerts us to a ridiculous programming decision on the webpage for the famously funky <a href="http://www.vibramfivefingers.it/eng/produtcs.aspx" target="_blank">Vibram Five Finger shoes</a> (which are sort of like gloves for your feet):
<blockquote><i>
 I was looking into buying a Vibram Five Fingers running shoes. Wanted to open one of the links in their page in a new tab in my browser. Right-clicked and... bam! I get this ridiculous pop-up warning saying 
<blockquote>
"Sorry, that function is disabled. Contents &#038; Graphics Copyright Vibram &reg; Our work is not Public Domain, and should not be taken from this site."
</blockquote> 
I admit I'm not the most patient person when it comes to someone acting stupid, so this just pissed me off big time. I mean - I don't care about those shoes anymore. They're treating me like some kind of a cyber-pirate that is going to steal... Wait... Steal what? What exactly is on that web page that might harm them if copied? What if I was going to write an article about how great their shoes are? Would I really want to continue doing that after this warning? I can imagine they're afraid of counterfeit products being advertised using photos taken from their site, but - come on - if I was going to steal a picture, a simple screenshot would do the trick. So their effort is pathetic and annoying the hell out of customers like me.
</i></blockquote>
Klein's analysis is dead on.  I just went and checked myself.  First, this a really stupid programming decision -- blocking all right-clicks on a website for all sorts of legitimate purposes (such as opening in a new tab, as I frequently do) seems like tremendous overkill.  But, more importantly, as Klein points out, all this does is serve to piss people off while doing absolutely nothing to stop the action they think they're trying to stop.  Finally, making a statement about the public domain, just because someone right-clicked is also extreme.  None of it makes sense, and all it really serves to do is piss off legitimate users.<br /><br /><a href="http://www.techdirt.com/articles/20110114/17132012681/fivefingers-blocks-right-finger----just-asking-middle-one.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110114/17132012681/fivefingers-blocks-right-finger----just-asking-middle-one.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110114/17132012681/fivefingers-blocks-right-finger----just-asking-middle-one.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>say-what-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110114/17132012681</wfw:commentRss>
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<pubDate>Tue, 28 Sep 2010 05:38:40 PDT</pubDate>
<title>More Stories Of People Arrested For Making Joke Threats On Social Networks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100923/01464111127/more-stories-of-people-arrested-for-making-joke-threats-on-social-networks.shtml</link>
<guid>http://www.techdirt.com/articles/20100923/01464111127/more-stories-of-people-arrested-for-making-joke-threats-on-social-networks.shtml</guid>
<description><![CDATA[ Earlier this year. we wrote about a guy in the UK, Paul Chambers, who was <a href="http://www.techdirt.com/articles/20100118/1051427801.shtml">arrested</a> after he tweeted a message about blowing up his local airport if it didn't reopen in time for the flight he had to take the following week.  The message was clearly a joke.  Now, as I mentioned at the time, I have no problem with the police doing a quick check to make sure it's really a joke, but that's as far as it should go.  Instead, the police ended up arresting him under the Terrorist Act and eventually <a href="http://www.techdirt.com/articles/20100511/2341419387.shtml">charged him with a crime</a>.  They did <b>not</b> charge him with making a fake bomb threat (which is a crime) because they knew that such a charge wouldn't stand up in court.  Instead, they charged him with using the internet to send a "message that was grossly offensive or of an indecent, obscene or menacing character."  Chambers is back in the news, as he's now <a href="http://www.bbc.co.uk/news/uk-england-south-yorkshire-11408239?utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">appealing his ridiculous conviction</a>.
<br /><br />
If you thought such things only happened in the UK, it turns out you'd be wrong.  I was just listening to a <a href="http://www.thisamericanlife.org/radio-archives/episode/414/right-to-remain-silent" target="_blank">recent episode of <i>This American Life</i></a>, which covered an amazingly similar situation, involving American comic <a href="http://www.joelipari.com/" target="_blank">Joe Lipari</a>.  After having what can charitably be described as a "bad" Apple store experience, he went home and was watching the movie <i>Fight Club</i> -- and got "inspired" by <a href="http://www.imdb.com/title/tt0137523/quotes?qt0479184" target="_blank">a famous line from the movie</a>, and paraphrased it into a Facebook status reading:
<blockquote><i>
Joe Lipari might walk into an Apple store on 5th Avenue, with an Armalite AR-10 gas-powered semi-automatic weapon and pump round after round into one of those smug, fruity little concierges.  This may be someone you've known for years.  Someone very, very close to you.
</i></blockquote>
It's a pretty direct paraphrase from the movie.  Yet, it took all of about an hour for a bunch of NYC police at his door, carrying machine guns and wearing bullet proof vests.
<br /><br />
Just like the case of Chambers in the UK, rather than recognizing that this throwaway social media message, charges were filed against Lipari -- and they were pretty serious charges.  There were two felony charges -- including one for "making terroristic threats."  Rather than dropping it after recognizing this was joke, the case actually started out by going to court -- where the ADA even admitted to the judge that they knew Lipari was a comedian and this was a joke intended for his friends... but they still wanted to push forward.  Lipari, to his credit, turned down various plea deals, believing that the whole concept of him being arrested and charged with this was ridiculous.  The story ends with the ADA finally backing down, and the case is currently likely to be dismissed (though it hasn't fully been dismissed yet).
<br /><br />
The similarities between Chambers' situation in the UK and Lipari's situation in the US seem pretty clear -- and neither are particularly flattering for law enforcement folks.  Yes, obviously we still live in a time where "heightened awareness" to potential threats makes sense.  But, at some point (and probably some point really, really early on), it should have become clear in both of these cases, that these were just two guys making stupid jokes via their social networking status tools -- and that's the point at which everything should have been dropped.  That both cases went much, much further is a travesty, and suggests that law enforcement is wasting time on things like this, rather than real threats.
<br /><br />
On a separate note, if you keep listening to the second story on that same episode of <i>This American Life</i>, it's yet another depressing tale of really questionable police activity, and how the police didn't just turn on a guy who tried to fix the system, but literally came up with trumped up charges to get him locked up in a mental institution without telling anyone.  Folks in law enforcement talk about the respect that they deserve, but by doing things like this, they show they haven't earned such respect.<br /><br /><a href="http://www.techdirt.com/articles/20100923/01464111127/more-stories-of-people-arrested-for-making-joke-threats-on-social-networks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100923/01464111127/more-stories-of-people-arrested-for-making-joke-threats-on-social-networks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100923/01464111127/more-stories-of-people-arrested-for-making-joke-threats-on-social-networks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>investigate-and-let-it-go</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100923/01464111127</wfw:commentRss>
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<pubDate>Mon, 27 Apr 2009 01:37:10 PDT</pubDate>
<title>It's Not Twitter's Power To Misinform That We Should Be Worried About...</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090426/2048044650.shtml</link>
<guid>http://www.techdirt.com/articles/20090426/2048044650.shtml</guid>
<description><![CDATA[ A few folks have sent in this essay by Evgeny Morozov at ForeignPolicy.com complaining about <a href="http://neteffect.foreignpolicy.com/posts/2009/04/25/swine_flu_twitters_power_to_misinform" target="_new">"Twitter's power to misinform" concerning swine flu</a>.  It sure sounds good as a thesis, but it makes little sense.  Twitter's power to misinform is no different than <i>any</i> method of communication.  The issue of swine flu is hardly limited to Twitter.  It looks like it was all over the cable news channels, newspapers and news websites over the weekend.  The fact that Morozov finds a few people were clueless on Twitter means nothing.  Your next door neighbor could be clueless, and if he shouted over the backfence to Morozov something wrong about swine flu, would Morozov write an article about how picket fences have a power to misinform?
<br /><br />
Part of the problem seems to be that Morozov (and many Twitter critics) seem to want to assign to it a purpose that it does not have and no one uses it for.  If people are misinforming others via Twitter, that's an issue about who you follow, not about Twitter as a whole.  I'll admit that I saw multiple mentions of swine flu over the weekend among the folks I follow on Twitter -- but I believe every single one of them was making a joke of some sort.  Should I then write an essay about "Twitter's power to create laughter out of a serious situation"?  
<br /><br />
There are some clueless people out there -- no doubt.  And I'm sure those clueless people may know other clueless people, but there's no indication that a sudden influx of dumb Twitter statements from clueless people resulted in further cluelessness.  At no point does Morozov bother to see if any one of the Twitter users he mentioned have a significant number of followers, or if any of those followers actually believed/responded to the clueless statements.  Nor does he investigate if (perhaps) some of the more knowledgeable followers of those users actually <i>corrected</i> the clueless.  That's because, just as a clueless person may repeat bad information, others can use Twitter to properly educate.  Twitter, itself, is just a tool.  Just like a website like ForeignPolicy.com.  And it's just as easy for someone like Morozov to misinform -- such as by claiming Twitter misinforms -- via ForeignPolicy.com than it is for individuals on Twitter to misinform.  In the case of Morozov and ForeignPolicy.com, however, I'd argue the situation is worse, since there are probably a lot more readers, and they might actually believe that someone writing for a site like ForeignPolicy.com knows what they're talking about.<br /><br /><a href="http://www.techdirt.com/articles/20090426/2048044650.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090426/2048044650.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090426/2048044650.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090426/2048044650</wfw:commentRss>
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<pubDate>Tue, 17 Feb 2009 19:20:35 PST</pubDate>
<title>Facebook Fans The Flames Of Its TOS Change Overreaction</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090217/1144233799.shtml</link>
<guid>http://www.techdirt.com/articles/20090217/1144233799.shtml</guid>
<description><![CDATA[ Some Facebook users are in an uproar after the site <a href="http://www.nytimes.com/2009/02/17/technology/internet/17facebook.html?_r=1&#038;hp">changed its terms of service</a> to say that it retains a license to users' content after they delete their account. As the company's founder, Mark Zuckerberg, explains, this change <a href="http://blog.facebook.com/blog.php?post=54434097130">simply clarifies the point</a> that actions on Facebook can create two copies of content. He says that when users add a friend or send a message, for instance, it generates two copies of the action: one for the user on each side. So say a user sends a message to a friend, then later deletes their account; the new TOS language clarifies that Facebook doesn't have to delete that message from their friend's inbox. As is often the case, the <a href="http://consumerist.com/5150175/facebooks-new-terms-of-service-we-can-do-anything-we-want-with-your-content-forever">backlash</a> over this change is largely an overreaction. 
<br /><br />
Even so, it's hard to think that nobody at Facebook anticipated it and took some proactive steps to address the changes and attempt to allay concerns and preclude the overreaction. Instead, Zuckerberg responds only after the fuss has been kicked up, and his explanation comes off as damage control, regardless of the motivations behind it or the TOS change. This situation seems akin to the scandal that emerged after the heads of US automakers took private jets to Washington when they went to ask for government bailout money. Whether or not the indignation over the private flights was warranted was mostly irrelevant, but the fact that nobody at the automakers anticipated it and raised a red flag smacks of stupidity. It's hard to imagine that nobody at Facebook could have seen this storm of complaints coming, generated by what many there saw as a minor TOS change. Is Facebook's TOS change really that bad? No, it's not particularly egregious -- but by not staying ahead of the backlash, Facebook comes off looking the worse for it. The point isn't that Facebook or any other company shouldn't change their TOS to better reflect their businesses and technology, but that in this day and age, any "minor" change is going to attract lots of scrutiny, and, in all likelihood, will be misunderstood and misinterpreted. This makes the handling of the change much more important than the change itself.<br /><br /><a href="http://www.techdirt.com/articles/20090217/1144233799.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090217/1144233799.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090217/1144233799.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>guilty-conscience?</slash:department>
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