Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Topics - BT

Pages: 1 ... 90 91 [92] 93 94 95
1366
3DHS / No, You Can't Say That ....
« on: January 01, 2007, 06:16:47 PM »
No, You Can't Say That .... And Forget That First Amendment Stuff
December 29, 11:45 AM

How does one know when the critical point in a Republic's loss of its basic liberties like freedom of speech has been passed? A Dec. 22 notice from the Federal Election Commission looks very much like that point for America.

The notice concerned a complaint the FEC received from one Sydnor Thompson that Kirk Shelmerdine had improperly committed an independent expenditure on behalf of the Bush-Cheney re-election campaign during the 2004 race.

You've probably never heard of Shelmerdine unless you happen to be a fan of NASCAR racing. Then you would know that he is a former top-ranked crew chief who once worked with the immortal Dale Earnhardt but who went on his own a few years ago.

By Shelmerdine's own description to the FEC, his team is under-funded and without much hope of qualifying for a NASCAR race. Shelmerdine and his car are "a field filler," with "no realistic chance of winning an event."

When he committed the independent expenditure, Shelmerdine had none of the big-time sponsors normally associated with front-line NASCAR drivers like Tony Stewart and Jeff Gordon. In fact, Shelmerdine had no significant sponsors at all during the four races in which he raced during 2004 while committing that independent expenditure.

Here's how Shelmerdine described himself and his reasons for putting the Bush-Cheney 04 bumper sticker on his race car:

"I put the decals that are the subject of this complaint on the car solely because I thought that doing so would bring attention to the car and publicity for me and the car.

"It was not my intention, in any manner, to be a supporter of President Bush or to influence the Presidential election.

"I am not a registered voter. I have never been actively involved in politics.
I have not publicly endorsed or aided any politician. I have never contributed any money or considerations of any kind to any politician, Political Action Committee, etc.

The decals that were placed on the car would cost and have a value of
$50.00 or less."

The truth is, Shelmerdine's independent expenditure might have been seen by a handful of people outside the pits.

But don't worry, the FEC magnanimously declined to bring down the full weight of the law on Shelmerdine for this dastardly act of plastering a single bumper sticker on a race car that hardly anyone saw.

No, the FEC graciously and mercifully settled on sending a mere "admonishment" to Shelmerdine. After all, as soon as he knew about the FEC action against him, Shelmerdine "out of an abundance of caution" took the bumper sticker off his race car.

You can read the FEC documents in the case here
http://eqs.sdrdc.com/eqs/searcheqs?SUBMIT=documents

If you still wonder why I believe this case is so important, think about this: What is the difference between Kirk Shelmerdine's race car as his equipment for making a living and the pickup truck driven by the plumber or housing contractor?

The contractor with a Kerry-Edwards or Bush-Cheney bumper sticker on his back bumper and driving down I-95 or just about any other public road in America will be seen by far more people than Shelmerdine's "field filler" race car at four NASCAR events.

It's the same "independent expenditure," but it has more impact than the Shelmerdine sticker, so what's to keep Congress from next directing the FEC to "admonish" every contractor, plumber, electrician, etc. etc. in America to get those bumper stickers off their pickups?

The Shelmerdine case is not merely "simply silly," as argued today by The Washington Post editorial page. It is indicative of the ongoing destruction of history's greatest bulwark for the right of every individual to think, say, believe and associate as he or she chooses, without having to get prior permission from bureaucrats or politicians.

And thus one lone little voice among the formerly free American citizenry is silenced. The grasping, fearful politicians and the petty, controlling bureaucrats in Washington drive another nail in the coffin containing the First Amendment.

Jefferson's point about the need for a revolution every 20 years or so is becoming clearer with each passing day.

Related links
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/28/AR2006122801146.html
http://www.examiner.com/blogs/tapscotts_copy_desk/2006/12/29/No-You-Cant--Say-That--And-Forget-That-First-Amendment-Stuff

1367
3DHS / Conyers accepts responsibility for possible ethics violations
« on: December 30, 2006, 08:12:07 PM »
Conyers accepts responsibility for possible ethics violations
By Jonathan E. Kaplan and Jackie Kucinich
 
Rep. John Conyers (D-Mich.) has "accepted responsibility" for possibly violating House rules by requiring his official staff to perform campaign-related work, according to a statement quietly released by the House ethics committee late Friday evening.

The top Republican and Democratic members on the ethics panel, Reps. Doc Hastings (R-Wash.) and Howard Berman (D-Calif.), said in a statement that Conyers acknowledged a "lack of clarity" in communicating what was expected of his official staff and that he accepted responsibility for his actions.

"[Conyers] agreed to take a number of additional, significant steps to ensure that his office complies with all rules and standards regarding campaign and
personal work by congressional staff," they stated. "We have concluded that this matter should be resolved through the issuance of this public statement."

The finding by the ethics panel could spark debate, and perhaps eclipse, the first week of the incoming-Democratic majority’s plans to change the House ethics rules, as well as raise questions about Conyers’ standing to chair the Judiciary Committee.

On Dec. 14, Conyers sent a letter to his supporters from his campaign website announcing that he had been elected as chairman-designate of the House Judiciary Committee. Berman is the second-ranking Democrat on the panel.

A Pelosi spokesman said Conyers will remain chairman of the Judiciary Committee.

The House ethics committee conditions that Conyers has agreed to must be complied with throughout the 110th Congress.

Conyers had alarmed Democrats, poised to recapture the House after 12 years in the minority, by indicating that he would begin impeachment proceedings against President Bush.

In May, a spokesman for Minority Leader Nancy Pelosi (D-Calif.), said that she told her Democratic colleagues in a closed meeting, "that impeachment is off the table; she is not interested in pursuing it."

As House Republicans and Democrats prepare for former President Gerald Ford’s funeral and the transfer of power set to take place next week, aides to Pelosi were not available for comment.

The ethics inquiry began in December, 2003 when former staff members complained to the ethics panel, formerly named the House Committee on Standards and Official Conduct, that Conyers had required his official staffers to work on campaigns, babysit his children, and run personal errands. Conyers subsequently hired Stanley Brand, a well-respected defense lawyer with a long track record of defending public officials implicated in corruption cases.

In 2003, Reps. Joel Hefley (R-Colo.) and Alan Mollohan (D-W.Va.) headed the ethics committee.

The Hill reported last March that two former Conyers’ aides alleged that he repeatedly violated House ethics rules by requiring aides to work on local and state
campaigns, and babysit and chauffeur his children.  Deanna Maher, a former deputy chief of staff in the Detroit office, and Sydney Rooks, a former legal counsel in his district office, shared numerous letters, memos, e-mails, handwritten notes and expense reports with The Hill.

They also sent the same materials to the House ethics panel, the FBI and the U.S. attorney’s office. House rules allow the chairman and ranking member of the ethics panel to initiate informal inquiries into allegations of misconduct in the absence of a formal complaint.

Hastings and Berman said in their statement that Conyers provided information and documents to the panel. Committee staff also interviewed witnesses.  They also said that Conyers agreed to take six steps to ensure that the matter remain closed. First, he agreed to prohibit his personal congressional staff, other than his chief of staff, from engaging in any voluntary campaign-related work in the 110th Congress unless that staff members takes a leave of absence and obtains prior approval from the wthics Committee.

He also must take several additional steps to make it abundantly clear to his government-paid aides that they need not work on campaigns to gain employment or stay employed in his office. In addition, he will have to maintain a detailed time-keeping system that he implemented during the course of the committee’s inquiry.

"Provided that the above requirements are complied with, this matter will remain closed, and the Committee will take no further action on it," Hastings and Berman said.

The following is the text of the House ethics committee statement regarding Conyers:

December 29, 2006
Statement of Chairman Doc Hastings and Ranking Minority Member Howard L. Berman Regarding Representative John Conyers

The Chairman and Ranking Minority Member, pursuant to Committee Rule 18(a), initiated an informal inquiry in December 2003 into reports that members of the congressional staff of Representative John Conyers had performed campaign activity on official time and in some instances using official resources, and that some staff members may have been compelled to do campaign work or personal work for Representative Conyers. The assertions in the reports, if true, could implicate a number of laws and House rules applicable to Members, including: House Rule 23, clause 1 (requiring the conduct of a Member or employee to reflect creditably on the House of representatives); House Rule 23, clause 8 (requiring that congressional staff perform official duties commensurate with compensation); 31 U.S.C. § 1301(a) and corresponding regulations of the Committee on House Administration (providing that official funds may be used only for the purposes appropriated); and 18 U.S.C § 606 (prohibiting adverse personnel action or intimidation to secure a "contribution of money or other valuable thing" including services, for a political purpose). Committee Rule 18(a) permits the Committee, in the absence of a filed complaint, to consider "any information in its possession indicating that a Member, officer, or employee may have committed a violation of the Code of Official Conduct or any law, rule, regulation, or other standard of conduct . . ." The Chairman and Ranking Minority Member may jointly gather additional information concerning such a potential violation unless and until an investigative subcommittee is established.  During the course of their inquiry, the Chairman and Ranking Member asked for and received information, including documents, from several sources, including Representative Conyers. Committee staff also interviewed witnesses regarding the allegations.  In the course of providing information to the Committee, Representative Conyers acknowledged what he characterized as a "lack of clarity" in his communications with staff members regarding their official duties and responsibilities, and accepted responsibility for his actions. Representative Conyers also provided the Committee with documents indicating that he had begun taking steps to provide  clearer guidance to staff regarding the requirement that campaign work and official work be separate.  After reviewing the information gathered during the inquiry, and in light of Representative Conyers’ cooperation with the inquiry, we have concluded that this matter should be resolved through the issuance of this public statement and the agreement by Representative Conyers to take a number of additional, significant steps to ensure that his office complies with all rules and standards regarding campaign and personal work by congressional staff. Representative Conyers has agreed to the following conditions:

1. Prohibiting his personal congressional staff (other than his Chief of Staff) from performing any campaign-related work, including work done on a voluntary basis, during the 110th Congress, unless the staff member takes a paid position on his campaign while on leave without pay status and obtains prior written approval from the Committee.

2. Informing staff members in writing of the prohibition set forth above against the voluntary performance of campaign work.

3. Distributing a memorandum to each member of his personal congressional staff which clearly sets forth all House rules concerning (1) the performance of campaign and other non-official work by congressional staff members and (2) the prohibition against the performance of any campaign-related work being conducted in either his congressional or district offices. Additionally, this memorandum will explicitly state that the performance of campaign or other non-official work by staff members may not be required as a condition of their employment.

4. Directing that meetings of his personal congressional staff be held annually in which the House rules concerning staff participation in campaign activities are discussed and explained. In addition, a description of these rules will be made a part of the orientation for all new staff employees.

5. Continuing to maintain the detailed time-keeping system initiated by Rep. Conyers during the course of the Committee’s inquiry.

6. Requiring that all members of his congressionalstaff attend a briefing conducted by Committee counsel on the application of, and compliance with, applicable House rules concerning the performance of campaign and other non-official work by congressional staff members.

Provided that the above requirements are complied with, this matter will remain closed, and the Committee will take no further action on it.
 
http://www.thehill.com:8888/thehill/opencms/TheHill/News/Frontpage/121306/conyers.html

1368
3DHS / QOTD
« on: December 28, 2006, 07:15:37 AM »
"I call on you not to hate because hate does not leave space for a person to be fair and it makes you blind and closes all doors of thinking"

Saddam Hussein in his farewell letter.

http://news.yahoo.com/s/ap/20061228/ap_on_re_mi_ea/iraq


1369
3DHS / If you want it ......
« on: December 28, 2006, 12:25:50 AM »
If You Want Something, Go Get It
By Ruben Navarrette

SAN DIEGO -- A multimillionaire businessman once explained to me the secret to his success. A lot of it, he said, was about setting yourself apart by being willing to stomach the sort of ordeals that others won't.

"I do things that make other people nauseous,'' he said, explaining that he had often gambled his entire net worth on business deals that paid off.

His point was that while a lot of people dream about being rich and famous because they think it will provide them a life of comfort, what they don't know is that the relative few who realize the dream are those who are willing to put up with life's discomforts on the road to success.

That bit of insight was ricocheting around in my head as I watched the splendid new film, "The Pursuit of Happyness.'' The movie showcases Will Smith and tells the inspirational story of Chris Gardner, who went from homeless single dad to millionaire stockbroker -- but only after enduring tremendous hardship.

Much of the buzz around the film has centered on the fact that it's a great father-son movie. And that it is. It's the kind of story that doesn't get told often enough, about the lengths to which a father will go to meet his responsibilities to his child.

Gardner worked nights and weekends selling medical equipment so that he could spend his days plowing through a highly competitive but unpaid internship at a prestigious brokerage firm. And even when things got really tough, and both father and son wound up on the street and forced to spend nights in a public restroom, Gardner never gave up on his aspirations of attaining a better life for himself and his son.

However, the beauty of this film is not what it tells us about fatherhood but about fulfilling one's potential. That message is summed up in a powerful scene where Gardner catches himself discouraging his son from dreams of a career in professional basketball. Realizing that he sounds much like the people who have discouraged him throughout his life, Gardner pauses and does an about-face.

"Don't ever let someone tell you that you can't do something,'' he tells his son. "Not even me.''

For Gardner, ambitions are sacred and worth defending.

"You got a dream,'' he says, "you gotta protect it. People can't do something, so they wanna tell you that you can't do it. You want something, go get it. Period.''

Amen. Imagine what kind of country we'd be living in if all Americans thought that way. As it stands, too many of us don't. Too many of us cling to excuses, dwell on the negative, look for scapegoats and think in terms of what we can't accomplish rather than what we can. Sometimes they find those scapegoats in this country, in the form of immigrants -- both legal and illegal. At other times, they gaze across the oceans and quiver in the face of what they consider sinister forces such as globalization.

According to polls, most Americans no longer believe in the American Dream. Perhaps that's because so many of us are absolutely terrified of competition, no matter where it comes from. Many Americans talk openly about the need to seal our border, to put a moratorium on legal immigration and to impose tariffs on foreign goods to give our own products a leg up in the marketplace. Add in the class envy and the eat-the-rich nonsense being pushed by populist snake oil salesmen in politics and the media and you get a sense for one of the most dangerous threats to our society -- the possibility that a lot of Americans will just feel so outmatched by forces larger than themselves that they'll give up, not just on their dreams but on their lives.

It's hard to imagine someone such as Chris Gardner wallowing in defeat or giving up or blaming others for his failures, and that is one reason why he has accomplished so much, while millions of Americans are still having trouble getting off the starting blocks.

You see, Thomas Jefferson, the author of the Declaration of Independence, got it exactly right. It's the pursuit of happiness. No matter what country you were born in, you're entitled to nothing. And no matter what you desire, no one is going to serve it up to you on a platter. It's like Gardner said, if you want something, you have to go get it. Period.

http://www.realclearpolitics.com/printpage/?url=http://www.realclearpolitics.com/articles/2006/12/if_you_want_something_go_get_i.html

1370
3DHS / Edwards Running
« on: December 27, 2006, 08:36:16 PM »
He is seen here working on campaign rhetoric:

1371
3DHS / Fast Track
« on: December 26, 2006, 10:48:52 PM »
Military considers recruiting foreigners
Expedited citizenship would be an incentive
By Bryan Bender, Globe Staff  |  December 26, 2006

WASHINGTON -- The armed forces, already struggling to meet recruiting goals, are considering expanding the number of noncitizens in the ranks -- including disputed proposals to open recruiting stations overseas and putting more immigrants on a faster track to US citizenship if they volunteer -- according to Pentagon officials.

Foreign citizens serving in the US military is a highly charged issue, which could expose the Pentagon to criticism that it is essentially using mercenaries to defend the country. Other analysts voice concern that a large contingent of noncitizens under arms could jeopardize national security or reflect badly on Americans' willingness to serve in uniform.

The idea of signing up foreigners who are seeking US citizenship is gaining traction as a way to address a critical need for the Pentagon, while fully absorbing some of the roughly one million immigrants that enter the United States legally each year.

The proposal to induct more noncitizens, which is still largely on the drawing board, has to clear a number of hurdles. So far, the Pentagon has been quiet about specifics -- including who would be eligible to join, where the recruiting stations would be, and what the minimum standards might involve, including English proficiency. In the meantime, the Pentagon and immigration authorities have expanded a program that accelerates citizenship for legal residents who volunteer for the military.

And since Sept. 11, 2001, the number of imm igrants in uniform who have become US citizens has increased from 750 in 2001 to almost 4,600 last year, according to military statistics.

With severe manpower strains because of the wars in Iraq and Afghanistan -- and a mandate to expand the overall size of the military -- the Pentagon is under pressure to consider a variety of proposals involving foreign recruits, according to a military affairs analyst.

"It works as a military idea and it works in the context of American immigration," said Thomas Donnelly , a military scholar at the conservative American Enterprise Institute in Washington and a leading proponent of recruiting more foreigners to serve in the military.

As the wars in Iraq and Afghanistan grind on, the Pentagon has warned Congress and the White House that the military is stretched "to the breaking point."

Both President Bush and Robert M. Gates, his new defense secretary, have acknowledged that the total size of the military must be expanded to help alleviate the strain on ground troops, many of whom have been deployed repeatedly in combat theaters.

Bush said last week that he has ordered Gates to come up with a plan for the first significant increase in ground forces since the end of the Cold War. Democrats who are preparing to take control of Congress, meanwhile, promise to make increasing the size of the military one of their top legislative priorities in 2007.

"With today's demands placing such a high strain on our service members, it becomes more crucial than ever that we work to alleviate their burden," said Representative Ike Skelton , a Missouri Democrat who is set to chair the House Armed Services Committee, and who has been calling for a larger Army for more than a decade.

But it would take years and billions of dollars to recruit, train, and equip the 30,000 troops and 5,000 Marines the Pentagon says it needs. And military recruiters, fighting the perception that signing up means a ticket to Baghdad, have had to rely on financial incentives and lower standards to meet their quotas.

That has led Pentagon officials to consider casting a wider net for noncitizens who are already here, said Lieutenant Colonel Bryan Hilferty , an Army spokesman.

Already, the Army and the Immigration and Customs Enforcement division of the Department of Homeland Security have "made it easier for green-card holders who do enlist to get their citizenship," Hilferty said.

Other Army officials, who asked not to be identified, said personnel officials are working with Congress and other parts of the government to test the feasibility of going beyond US borders to recruit soldiers and Marines.

Currently, Pentagon policy stipulates that only immigrants legally residing in the United States are eligible to enlist. There are currently about 30,000 noncitizens who serve in the US armed forces, making up about 2 percent of the active-duty force, according to statistics from the military and the Council on Foreign Relations. About 100 noncitizens have died in Iraq and Afghanistan.

A recent change in US law, however, gave the Pentagon authority to bring immigrants to the United States if it determines it is vital to national security. So far, the Pentagon has not taken advantage of it, but the calls are growing to take use the new authority.

Indeed, some top military thinkers believe the United States should go as far as targeting foreigners in their native countries.

"It's a little dramatic," said Michael O'Hanlon , a military specialist at the nonpartisan Brookings Institution and another supporter of the proposal. "But if you don't get some new idea how to do this, we will not be able to achieve an increase" in the size of the armed forces.

"We have already done the standard things to recruit new soldiers, including using more recruiters and new advertising campaigns," O'Hanlon added.

O'Hanlon and others noted that the country has relied before on sizable numbers of noncitizens to serve in the military -- in the Revolutionary War, for example, German and French soldiers served alongside the colonists, and locals were recruited into US ranks to fight insurgents in the Philippines.

Other nations have recruited foreign citizens: In France, the famed Foreign Legion relies on about 8,000 noncitizens; Nepalese soldiers called Gurkhas have fought and died with British Army forces for two centuries; and the Swiss Guard, which protects the Vatican, consists of troops who hail from many nations.

"It is not without historical precedent," said Donnelly, author of a recent book titled "The Army We Need," which advocates for a larger military.

Still, to some military officials and civil rights groups, relying on large number of foreigners to serve in the military is offensive.

The Hispanic rights advocacy group National Council of La Raza has said the plan sends the wrong message that Americans themselves are not willing to sacrifice to defend their country. Officials have also raised concerns that immigrants would be disproportionately sent to the front lines as "cannon fodder" in any conflict.

Some within the Army privately express concern that a big push to recruit noncitizens would smack of "the decline of the American empire," as one Army official who asked not to be identified put it.

Officially, the military remains confident that it can meet recruiting goals -- no matter how large the military is increased -- without having to rely on foreigners.

"The Army can grow to whatever size the nation wants us to grow to," Hilferty said. "National defense is a national challenge, not the Army's challenge."

He pointed out that just 15 years ago, during the Gulf War, the Army had a total of about 730,000 active-duty soldiers, amounting to about one American in 350 who were serving in the active-duty Army.

"Today, with 300 million Americans and about 500,000 active-duty soldiers, only about one American in 600 is an active-duty soldier," he said. "America did then, and we do now, have an all-volunteer force, and I see no reason why America couldn't increase the number of Americans serving."

But Max Boot, a national security specialist at the Council on Foreign Relations, said that the number of noncitizens the armed forces have now is relatively small by historical standards.

"In the 19th century, when the foreign-born population of the United States was much higher, so was the percentage of foreigners serving in the military," Boot wrote in 2005.

"During the Civil War, at least 20 percent of Union soldiers were immigrants, and many of them had just stepped off the boat before donning a blue uniform. There were even entire units, like the 15th Wisconsin Volunteer Infantry [the Scandinavian Regiment] and General Louis Blenker's German Division, where English was hardly spoken."

"The military would do well today to open its ranks not only to legal immigrants but also to illegal ones and, as important, to untold numbers of young men and women who are not here now but would like to come," Boot added.

"No doubt many would be willing to serve for some set period, in return for one of the world's most precious commodities -- US citizenship. Some might deride those who sign up as mercenaries, but these troops would have significantly different motives than the usual soldier of fortune."


http://www.boston.com/news/nation/washington/articles/2006/12/26/military_considers_recruiting_foreigners?mode=PF

1372
3DHS / Virtual Tax?
« on: December 26, 2006, 09:09:58 PM »
Where Real Money Meets Virtual Reality, The Jury Is Still Out

By Alan Sipress
Washington Post Staff Writer
Tuesday, December 26, 2006; A01



Veronica Brown is a hot fashion designer, making a living off the virtual lingerie and formalwear she sells inside the online fantasy world Second Life. She expects to have earned about $60,000 this year from people who buy her digital garments to outfit their animated self-images in this fast-growing virtual community.

But Brown got an unnerving reminder last month of how tenuous her livelihood is when a rogue software program that copies animated objects appeared in Second Life. Scared that their handiwork could be cloned and sold by others, Brown and her fellow shopkeepers launched a general strike and briefly closed the electronic storefronts where they peddle digital furniture, automobiles, hairdos and other virtual wares.

"It was fear, fear of your effort being stolen,'' said Brown, 44, whose online alter ego, Simone Stern, trades under the name Simone! Design.

Brown has reopened her boutique but remains uncomfortably aware that the issue of whether she owns what she makes -- a fundamental right underpinning nearly all businesses -- is unresolved.

As virtual worlds proliferate across the Web, software designers and lawyers are straining to define property rights in this emerging digital realm. The debate over these rights extends far beyond the early computer games that pioneered virtual reality into the new frontiers of commerce.

"Courts are trying to figure out how to apply laws from real life, which we've grown accustomed to, to the new world," said Greg Lastowka, a professor at Rutgers School of Law at Camden in New Jersey. "The law is struggling to keep up."

U.S. courts have heard several cases involving virtual-world property rights but have yet to set a clear precedent clarifying whether people own the electronic goods they make, buy or accumulate in Second Life and other online landscapes. Also unclear is whether people have any claim when their real-life property is depicted online, for instance in Microsoft's new three-dimensional renderings of actual real estate.

The debate is assuming greater urgency as commerce gains pace in virtual reality. In Second Life, where nearly 2 million people have signed up to create their own characters and socialize with other digital beings, the virtual economy is booming, with total transactions in November reaching the equivalent of $20 million. Second Life's creator, Linden Lab, allows members to exchange the electronic currency they accumulate online with real U.S. dollars. Last month, people converted about $3 million at the Lindex currency market.

Second Life's economy has been surging since Linden Lab made the unusual decision three years ago to grant users intellectual property rights for what they create with the Web site's free software tools. Thousands of people have created homes and businesses on virtual land leased from the site and are peddling virtual items as varied as yachts and ice cream.

Congress has taken note and is completing a study of whether income in the virtual economy, such as from the sale of gowns that Brown makes, should be taxed by the Internal Revenue Service. The Joint Economic Committee of Congress is expected to issue its findings early next year.

"There seems to be a lack of ground rules in an area that would have explosive growth in the next decade or two," said Christopher Frenze, the committee's executive director.

Though she grew up watching her mother at the sewing machine, learning the craft with each loving stitch of the family's clothes, Brown never considered making it a career until two years ago, when she entered Second Life. Within days, she studied up on the basic software skills and began designing virtual women's apparel from her home in Indiana. "When I design," she said, "I think about how the cloth falls and the sheen silk has compared to satin." She said she now spends 70 hours a week on her trade. Starting with four original outfits, she now offers 1,200 designs and has also moved into men's fashion.

But the rogue program, called a copybot, that appeared last month in Second Life underscored the need to clarify her property rights. After the attack, Linden Lab announced efforts to ban the program and encouraged users to report abuses. Some users argued that even stronger property protections were needed.

"I'm feeling uncomfortable," Brown admitted. "I'm safe for now, but it's very tentative."

Linden Lab made cyber-history when it gave Second Life users the intellectual property rights to their creations -- similar to the copyright real-world authors have to their writings. By contrast, most Web sites offering virtual experiences have not accorded users any property rights, requiring them to accept a license agreement stating that all content belongs solely to the Web site owner.

Four years ago, several online gaming veterans tried to get around this agreement and make real money by selling game items from Dark Age of Camelot on eBay and at specialty online auctions. The items, which included weapons, armor and specialized characters, in some cases went for more than $300 each. The developers of the Camelot game blocked them. When the gaming veterans sued, claiming that they had rights to the items they acquired in the game, a federal court in California ruled against them on the grounds that the license agreement took precedence. Other recent U.S. court rulings in virtual disputes have come to similar conclusions.

But judges elsewhere have taken a different view. A Chinese player in the Korean-made online game Mir 3 claimed that his personal rights had been violated when the game's local Chinese operators deleted the magic sword he used to battle virtual villains. The operators claimed it had been illegally duplicated from an original. The player filed suit, contending that he had bought the magic sword in good faith and that it was worth about $120. A Chinese court in Xuhui district ruled against the game's operators, essentially finding that the player's property rights were paramount.

In Second Life, Linden Lab executives wanted to avoid this confusion, believing that users needed clear ownership for economic activity to thrive, recounted Cory Ondrejka, chief technical officer. Otherwise, users would have little incentive to invest.

But he stressed that this ownership did not extend to full property rights -- creators have intellectual property rights to the software patterns used in making virtual objects but no rights to the objects themselves. Under this formulation, Brown owns her designs but not the individual dresses and pieces of underwear. Nor do her customers "own" the apparel they purchase and hang in their virtual closets.

"Everything in the virtual world is intellectual property, as much as it looks like property or as much as property is a useful metaphor,'' Ondrejka said. "Copying it is not theft. It's infringement, but it's not theft.''

But Joshua Fairfield, a professor at Indiana University School of Law, said there's more to online rights than just intellectual property. He said there are legal reasons to believe that property rights to objects can exist in a virtual realm, but no U.S. court has affirmed the concept.

Earlier this month, U.S. Circuit Judge Richard A. Posner visited Second Life, appearing as a balding, bespectacled cartoon rendering of himself, and addressed a crowd of other animated characters on a range of legal issues, including property rights in virtual reality. Posner stressed that it was in Linden Lab's interest to ensure due process and other rights.

"They want people to invest in Second Life, and we know people won't invest if their rights are not reasonably secure," he told the audience, which included a giant chipmunk and several supermodels. He went on to predict the eventual emergence of an "international law of virtual worlds" similar to international maritime law.

Meanwhile, as mapping technologies rapidly improve, companies are increasingly able to transfer the real world to the online world. But are property rights any clearer in such a "real" virtual world?

Microsoft, for instance, launched an online service last month called Virtual Earth that features highly detailed three-dimensional photographic maps of American cities. Microsoft plans to make money by selling advertising billboards in this virtual depiction of urban America.

But the company's lawyers and advertising executives are still grappling with the question of whether those who own the property depicted in Microsoft's 3-D images have any control over how their depicted property is used online. For instance, does Federal Express have the right to object if an ad for its competitor DHL is posted in the parking lot at virtual FedEx Field?

"We haven't fully delineated all the guidelines for do's and don'ts,'' said Bobby Figueroa, a director of product management at Microsoft.

http://www.washingtonpost.com/wp-dyn/content/article/2006/12/25/AR2006122500635_pf.html

1373
3DHS / The Beat Goes On
« on: December 26, 2006, 08:41:56 PM »
Nonprofit Connects Murtha, Lobbyists
Ties to Pa. Group Mutually Beneficial

By Jonathan Weisman
Washington Post Staff Writer
Monday, December 25, 2006; A01



For a quarter of a century, Carmen Scialabba labored for Rep. John P. Murtha (D-Pa.), helping parcel out the billions of dollars that came through the House Appropriations Committee, so when the disabled aide needed a favor, Murtha was there.

In 2001, Murtha announced the creation of Scialabba's nonprofit agency for the disabled in Johnstown, Pa. The next year, with Scialabba still on his staff, Murtha secured a half-million dollars for the group, the Pennsylvania Association for Individuals With Disabilities (PAID), and put another $150,000 in the pipeline for 2003, according to appropriations committee records and former committee aides. Since then, the group has helped hundreds of disabled people find work.

But the group serves another function as well. PAID has become a gathering point for defense contractors and lobbyists with business before Murtha's defense appropriations subcommittee, and for Pennsylvania businesses and universities that have thrived on federal money obtained by Murtha.

Lobbyists and corporate officials serve as directors on the nonprofit group's board, where they help raise money and find jobs for Johnstown's disabled workers. Some of those lobbyists have served as intermediaries between the defense contractors and businessmen on the board, and Murtha and his aides.

That arrangement over the years has yielded millions of dollars in federal support for the contractors, businesses and universities, and hundreds of thousands in consulting and lobbying fees to Murtha's favored lobbying shops, according to Federal Election Commission records and lobbying disclosure forms. In turn, many of PAID's directors have kept Murtha's campaigns flush with cash.

When the Democrats take control of Congress on Jan. 4, ethics and budget restructuring will be the first orders of business. Among the provisions in the Democrats' ethics package are demands for more transparency in the doling out of federal funds to home-district projects and a required pledge that no earmarks benefit a member of Congress personally. That could put an uncomfortable spotlight on lawmakers such as Murtha.

"It's a real tangled web between the congressman, the nonprofit, the defense contractors and the lobbyists," said Steve Ellis, vice president of Taxpayers for Common Sense, a nonpartisan watchdog group. "It's hard to say where one stops and the others start."

Murtha declined to respond to numerous phone calls and e-mails from The Washington Post requesting comment.

Scialabba, a former Marine whose young boxing career was cut short by polio and who relies on a wheelchair, said PAID's efforts to put a chronically underemployed population to work have rendered it above reproach. The group has provided information, training and resources to encourage businesses to hire disabled workers.

"Everyone's trying to make this a political thing, and it makes me very mad," Scialabba said last week in a brief interview, defending the collaborations. "Would you rather have tax dollars spent on some [disabled] guy sitting at home? We're not looking for handouts, damn it."

But to some watchdogs, including Taxpayers for Common Sense, Democracy 21 and Citizens for Responsibility and Ethics in Washington, PAID looks a lot like the cozy nexus between lawmakers, lobbyists and business interests that Democrats railed against in the midterm campaigns.

Its board of directors includes Scialabba and five government contractors who have received millions of federal dollars through appropriations measures obtained by Murtha. Its advisory council includes three lobbyists from KSA Consulting, which employs Scialabba and employed Murtha's brother, Kit. Its honorary board members include still more defense contractors.

In turn, the lobbyists and businesses associated with PAID have become supporters of Murtha's campaigns, contributing a total of nearly $125,000 in the past three election cycles, when Murtha raised a total of $7.2 million, according to campaign records. And those same players have spent hundreds of thousands of dollars at three lobbying shops with close Murtha ties: the PMA Group, Scialabba's KSA Consulting and Ervin Technical Associates.

In the past year, Murtha, a Marine combat veteran and defense hawk, has gained national prominence as the leader of the Democratic charge to pull U.S. troops from Iraq. After the Democrats won control of Congress in November, he made an unsuccessful bid to become House majority leader, with strong backing from House Speaker-elect Nancy Pelosi (D-Calif.) The main source of his power is his perch as the top Democrat on the defense appropriations subcommittee, which controls nearly a half-trillion federal dollars a year. His largess to his friends and hardscrabble district is legendary. But now that he is assuming the chairmanship of the defense subcommittee, his actions are coming under new scrutiny.

Under Murtha's watch, for instance, Windber Medical Center has been transformed from a struggling hospital outside of Johnstown into a burgeoning cancer research center, thriving on Defense Department funding. Hospital officials have paid the PMA Group some $380,000 in lobbying fees since signing on in 2001. And hospital employees have financed Murtha's political campaigns to the tune of nearly $25,000.

"It sounds like DeLay Inc.," said Melanie Sloan, executive director of the Democratic-leaning Citizens for Responsibility and Ethics in Washington, referring to former House Majority Leader Tom DeLay (R-Tex.), who set up his own charities that became the focus of attention by businesses and lobbyists seeking to curry favor with him.

But Murtha has his defenders. "Jack Murtha is supportive of everything you can think of around here, from roads and sewers to defense contractors," said Bill Kuchera, chief executive of Kuchera Industries of Windber, Pa., and a PAID director. "But without Jack Murtha, there'd still be a Kuchera. We don't lean on Jack Murtha at all."

Murtha repeatedly intervened on behalf of PAID to help Kuchera expand.

After PAID's founding, Scialabba approached Kuchera to get involved. Kuchera jumped, not only joining the group's board but ramping up hiring of disabled workers, who now compose a third of the 200 employees in his company's defense business. The federal government picked up Kuchera's $7 million training bill. This year, Murtha earmarked $1.3 million for Kuchera's chemical and biological weapons detection research.

Kuchera employees donated more than $31,000 to Murtha in the past three election campaigns, according to federal election records. Between 1990 and 2000, contributions totaled $1,000. And congressional lobbying disclosure forms tally $140,000 in payments since 2001 from Kuchera to Ervin Technical Associates, whose chairman is former representative Joseph M. McDade (R-Pa.), a close Murtha ally.

The Kuchera experience is not unique. Ed Washington, another PAID director, hails from MTS Technologies, an Arlington defense contractor that recently secured $8.9 million in federal funds to expand its Johnstown facility. MTS's lobbyist, the PMA Group, has disclosed some $300,000 in fees from the company since 1998. And PMA has returned the favor: Since 1989, the firm's employees have given Murtha $107,500.

Daniel DeVos, an honorary PAID board member, represents Concurrent Technologies, whose employees have lavished Murtha with more than $53,000 in campaign contributions and PMA with $820,000 in fees. That may sound steep, but the rewards have been substantial: a $150 million contract to operate the Navy Metalworking Center; a $4 million contract from the Army to evaluate fuel-cell systems; and $1.7 million for a weapons of mass destruction response laboratory, among others.

Another PAID director, Jim Estep, is a central figure in an investigation of Rep. Alan B. Mollohan (D-W.Va.), a Murtha ally and fellow member of the Appropriations Committee. Estep heads the West Virginia High-Technology Consortium Foundation and the Institute for Scientific Research, two nonprofit organizations that Mollohan helped set up and has plied with federal funds.

http://www.washingtonpost.com/wp-dyn/content/article/2006/12/24/AR2006122400919_pf.html


1374
3DHS / Something else for Lanya to worry about
« on: December 24, 2006, 12:36:44 AM »
New flu pandemic could kill 81 million By MARIA CHENG, AP Medical Writer
Thu Dec 21, 7:02 PM ET
 


A flu virus as deadly as the one that caused the 1918 Spanish flu could kill as many as 81 million worldwide if it struck today, a new study estimates. By applying historical death rates to modern population data, the researchers calculated a death toll of 51 million to 81 million, with a median estimate of 62 million.

That's surprisingly high, said lead researcher Chris Murray of Harvard University. He did the analysis, in part, because he thought prior claims of 50 million deaths were wildly inflated.

"We expected to end up with a number between 15 and 20 million," Murray said. "It turns out we were wrong."

The new work is published in Saturday's issue of the journal The Lancet.

The 1918 flu outbreak killed at least 40 million people worldwide. But flu pandemics have varied widely in their severity. The most recent, in 1957 and 1968, were relatively mild, killing 2 million and 1 million people worldwide respectively.

To get their estimates, Murray and his colleagues examined all available death registration data from 1914 to 1923. There was sufficient information from 27 countries, including numbers from 24 U.S. states and nine provinces in India.

The researchers compared death rates during the pandemic to average death rates before and after. That revealed how much the pandemic flu contributed to death rates, a figure called excess mortality. They then applied the excess mortality data to worldwide population data from 2004.

If their median estimate of 62 million flu deaths occurred in a single year, the total number of deaths from all causes worldwide would more than double, jumping by 114 percent.

One surprise in the new study was the huge variation in how different countries would be affected by a pandemic. The study estimates that 96 percent of the deaths would occur in the developing world. Murray and colleagues noted there was a 30-fold or more variation in mortality.

"That tells us it's not just the genetic makeup of the virus that will cause deaths, but that there are a lot of other things that intervene," he said.

Determining the mitigating factors might help avert a catastrophe. "If we can answer that question, we may unlock the mysteries behind which non-pharmaceutical strategies could significantly decrease mortality," said Murray.

Population density, nutrition and immune status could all play roles, he suggests.

"We know that even if we have much lower numbers of deaths worldwide than in 1918, the world will be severely stressed," said Dr. Keiji Fukuda, coordinator of the World Health Organization's Global Influenza Program. "Speculating about the possible numbers is an interesting exercise, but the really important thing is, what do we do about it?"

Since the pandemic threat rose, with circulation of the H5N1 bird flu virus on a large scale in late 2003, the global community has bolstered its pandemic preparedness plans. Medical systems today are far stronger than they were last century, and the availability of antivirals and antibiotics — which did not exist in 1918 — should help greatly. Still, many of these advances remain out of reach for poor countries.

Another question is the impact a flu pandemic would have on those infected with HIV. Seasonal influenza exacts a heavy toll on those with weakened immune systems. So, in the case of a new pandemic flu, Murray's estimate might be optimistic.

And while the Spanish flu often has been regarded as a worst-case scenario, there is no guarantee the next pandemic will not be even more deadly. Despite the tens of millions of deaths the 1918 flu caused, the death rate among those infected was approximately 2 percent. The fatality rate for the H5N1 virus is about 60 percent.

However, experts think that if H5N1 were to evolve into a strain easily transmissible between people, it would also become less deadly.

"It's not in a virus' interest to kill its hosts so readily, otherwise it can't reproduce," said Dr. Ian Gust, a flu expert at the University of Melbourne, Australia.

Still, there is no guarantee that H5N1 would become less deadly.

If it doesn't, "we would be in for a devastating impact," said Gust. "All bets would be off."

http://news.yahoo.com/s/ap/20061222/ap_on_he_me/flu_pandemic&printer=1

1375
3DHS / Yule log variation?
« on: December 24, 2006, 12:22:11 AM »
Man Sets Self Aflame in Calif. Protest

A man used flammable liquid to light himself on fire, apparently to protest a San Joaquin Valley school district's decision to change the names of winter and spring breaks to Christmas and Easter vacation.
The man, who was not immediately identified, on Friday also set fire to a Christmas tree, an American flag and a revolutionary flag replica, said Fire Captain Garth Milam.

Seeing the flames, Sheriff's Deputy Lance Ferguson grabbed a fire extinguisher and ran to the man.

Flames were devouring a Christmas tree next to the Liberty Bell, where public events and demonstrations are common.

Beside the tree the man stood with an American flag draped around his shoulders and a red gas can over his head.

Seeing the deputy, the man poured the liquid over his head. He quickly burst into flames when the fumes from the gas met the flames from the tree.

The deputy ordered the man to drop to the ground as he and a parole agent sprayed him with fire extinguishers.

"The man stood there like this," the deputy said with his arms across his chest and his head bent down, "Saying no, no, no."

The man suffered first degree burns on his shoulders and arms, Milam said.

Kern County Sheriff's Deputy John Leyendecker said the man had a sign that read: "(expletive) the religious establishment and KHSD."

On Thursday, the Kern High School Board of Trustees voted to use the names Christmas and Easter instead of winter and spring breaks.


http://www.breitbart.com/news/2006/12/23/D8M6KVQG0.html

1376
3DHS / New Jersey opts for Civil Unions
« on: December 14, 2006, 08:26:12 PM »

1377
3DHS / Fragile Majority
« on: December 13, 2006, 06:55:34 PM »
Sen. Johnson suffers possible stroke By MARY CLARE JALONICK, Associated Press Writer
 11 minutes ago
 


Democratic Sen. Tim Johnson (news, bio, voting record) of South Dakota suffered a possible stroke Wednesday and was taken to a Washington hospital, his office said. If he should be unable to continue to serve, it could halt the scheduled Democratic takeover of the Senate.

Democrats won a 51-49 majority in the November election. South Dakota's governor, who would appoint any temporary replacement, is a Republican.

Johnson became disoriented during a call with reporters at midday, stuttering in response to a question. He appeared to recover, asking if there were any additional questions before ending the call.

Johnson spokeswoman Julianne Fisher said he had walked back to his Capitol office after the call with reporters but appeared to not be feeling well. The Capitol physician came to his office and examined him, and it was decided he needed to go to the hospital.

He was taken by ambulance to George Washington University Hospital around noon, Fisher said.

"It was caught very early," she said.

Johnson's office released a statement saying he had suffered a possible stroke.

"At this stage, he is undergoing a comprehensive evaluation by the stroke team," the statement read.

The White House issued a statement wishing him a speedy recovery.

"Our thoughts and prayers are with Senator Johnson and his family," said spokesman Alex Conant.

If the two-term senator, 59, is unable to serve when the 110th Congress convenes Jan. 4, South Dakota Gov. Mike Rounds would appoint a replacement. Johnson is up for re-election in 2008.

South Dakota Secretary of State Chris Nelson said there are no special restrictions on such an appointment and a replacement would not have to be from the same political party.

Johnson turns 60 on Dec. 28. The centrist Democrat was first elected to the Senate in 1996 and has been one of the more reserved members of the chamber, rarely taking center stage at news conferences.

He served in the House for 10 years from 1987 to 1997. His focus has been on committee assignments important to his state's interests — Indian Affairs and Energy and Natural Resources — as well as a spot on Appropriations. The latter allows him to direct funds to South Dakota.

Johnson narrowly defeated Republican John Thune in his 2002 re-election bid. Thune defeated Democratic Sen. Tom Daschle two years later.

Thune issued a statement saying his prayers were with Johnson and his family. Rounds also issued a statement, saying he was hoping for good news.

Johnson has worked as a lawyer and county prosecutor and served several years in the 1970s and 1980s in the South Dakota state Legislature.

Both Johnson and his wife have battled cancer.

The senator underwent prostate cancer treatment in 2004, and subsequent tests have shown him to be clear of the disease. Barb Johnson is a breast cancer survivor.

The couple have two sons and a daughter: Brooks, who served in the U.S. Army in Bosnia, Kosovo, South Korea, Afghanistan and Iraq; Brendan, a Sioux Falls lawyer, and Kelsey, who works in Washington.

In response to one reporter's question on the Wednesday conference call, Johnson said he was most looking forward to spending the holidays with his family and grandchildren.

____

Associated Press Writers Laurie Kellman and Natasha Metzler in Washington and Dirk Lammers in Sioux Falls contributed to this report.

http://news.yahoo.com/s/ap/20061213/ap_on_go_co/johnson_6&printer=1

1378
3DHS / there's a pony in there somewhere
« on: December 12, 2006, 02:16:56 AM »
From Glenn Reynolds:

A GUY WHO WORKS AT PFIZER wrote me about my book -- nothing really relevant here -- but in my reply to him I wrote:


BTW, we love Pfizer in my house because your exotic anti-arrhythmic drug Tikosyn has changed my wife's life. It's genuinely a miracle drug for her.


He emailed back:


I will pass your thanks along to the guys in the lab. You have no idea how much this kind of message matters to them --and to all of us. We KNOW there's a pony in there somewhere but some days it's not easy to remember that.


It's kind of sad that such a small email means so much, but I suppose that these guys get a lot more criticism than praise, despite the miracles they produce. But it occurs to me that -- while so-called "Big Pharma" may not be perfect -- drug companies have done a lot more to make my life better than their critics have. Maybe someone should point that out more often.


http://instapundit.com/archives2/2006/12/post_925.php

1379
3DHS / Competing Headlines
« on: December 10, 2006, 01:19:22 AM »
Dems vow change as Congress ends session By JIM ABRAMS, Associated Press Writer
2 hours, 2 minutes ago
 


WASHINGTON - The 109th session of Congress, frustrated by partisanship and criticized for its meager record of accomplishment, ended with flurry of bill-passing and promises of change when Democrats take over the House and Senate in January.

ADVERTISEMENT
 
Before the predawn finish Saturday, departing House Speaker        Dennis Hastert acknowledged that after eight years, the longest stretch for a Republican in the job, he will welcome a return to the rank and file. "On Jan. 4, I will be privileged to rejoin you on these benches where my heart is," he said,

The Illinois Republican will be succeeded on that day by Rep. Nancy Pelosi (news, bio, voting record), D-Calif. She becomes the first female speaker and the first Democrat in the post since Newt Gingrich of Georgia led the Republicans to power in 1995.

Pelosi is promising that the new Democratic era will get off to a quick start with votes to raise the federal minimum wage for the first time in a decade, enact lobbying and ethics reform and lower Medicare prescription drug costs.


Rep. Jefferson wins re-election in La. By CAIN BURDEAU, Associated Press Writer
15 minutes ago
 


NEW ORLEANS - U.S. Rep. William Jefferson (news, bio, voting record) easily defeated his fellow Democratic opponent in Saturday's runoff, despite an ongoing federal bribery investigation.


http://news.yahoo.com/i/703

1380
3DHS / If Supreme Court Justices Were Rock Stars
« on: December 04, 2006, 02:33:29 AM »
If Supreme Court Justices Were Rock Stars


JB


(What, you mean they aren't?)

This parlor game emerged from dinner table discussions at the Schmooze. Match Supreme Court Justices with the Rock/Pop/Country artist who has the same basic "style" in their opinion writing, and give your reasons. But always remember, we're focusing on the style, not the politics.


Some of my favorites:


Sandra Day O'Connor-- Britney Spears. (The early Britney, pre-K-Fed, not the later, trashy Britney.) Artistically incoherent but enormously successful attempts to appeal to the exact center of popular taste.

William Rehnquist-- David Byrne of Talking Heads, Blondie, Devo. Unsentimental, terse, and cleverly ironic 80's New Wave post-punk. (Psycho-Killer could easily be a Rehnquist opinion except, of course, for the use of French. No foreign sources in our Constitution, thank you.).

Anthony Kennedy-- Lionel Richie, Barry Manilow. Overly earnest ballads that set your teeth on edge.

Clarence Thomas-- Prince, Lou Reed. Key aesthetic ideal: I don't give a **** what *you* think. The Justice Formerly Known as Clarence.

Ruth Bader Ginsberg-- Alanis Morissette. A Jagged Little Constitution.

Antonin Scalia-- Meat Loaf. Histrionic Opera Rock.

David Souter-- Paul Simon. Bookish, a little too insular and self-contained. Still crazy after all these years.

John Paul Stevens-- Willie Nelson. Crusty, independent, been around forever. (But what about his vote in the marijuana case?)

Stephen Breyer-- Nobody. Stephen Breyer doesn't rock and roll.


We didn't know enough about Sam Alito and John Roberts to match them to anyone yet. But in the fullness of time we will know if they are the Clash or just Richard Marx.

Feel free to offer your own nominations-- and your reasons-- in the comments.


Posted 4:42 PM by JB [link]





--------------------------------------------------------------------------------

Comments:


Wow. Whatever they're servin' at the schmooze, I want some. "Jagged Little Constitution"? "Prince, Lou Reed"? You have blown my surrealism circuits with this one. (Do you really think Stevens is most likely to get busted with psilocybin?)
B^)

# posted by Robert Link : 7:14 PM


 


The possibilities are endless:

Sam Alito -- Clay Aiken. We weren't convinced he was talented, but he was the best candidate on TV at the time.

John Roberts -- Dave Grohl. Sang backup for a hugely influential Reinquist before doing his own thing.

# posted by Ralphy : 10:57 PM


 


Scalia is Iron Maiden's Bruce Dickinson. Histrionic, operatic, but knocks you on your ass when he opens his mouth.

# posted by Robert Muñoz : 1:15 AM

http://balkin.blogspot.com/2006/12/if-supreme-court-justices-were-rock.html

Pages: 1 ... 90 91 [92] 93 94 95