Archive for government

This is the biggest reason I no longer consider myself a “Christian”

Just in case it hasn’t become clear to anyone yet, I no longer consider myself a “Christian”, at least not in the way most people use that word today (I still believe that Jesus probably existed, but I think that nearly everything the churches want you to believe about him is a total and blatant lie, and that most preachers know better and are deliberate liars!).  There are numerous reasons for that (I have blogged about some of them in previous posts) but one of the biggest is because I started to realize just how hateful and evil so many “Christians” are.  For example:

Atheist Girl In Rhode Island Faces Stream Of Death Threats

Jessica Ahlquist is a 16-year-old self-described nerd who has garnered nationwide attention after successfully suing to have a giant banner emblazoned with an official school prayer removed from the auditorium of her public high school in Cranston, Rhode Island. The response has demonstrated the limits of Christian love — she has basically become the villain of her entire city, with her state representative, Peter Palumbo, called Jessica an “evil little thing” on the radio, and a sample of the online outpouring of hatred from other Cranston residents can be seen on JesusFetusFajitaFishsticks:

Click on the link to the article to see the image, but be advised that if you are a person with any shred of decency and compassion, you will be shocked at what has been said to this teenage girl.

I think that the reason people talk like this is because they are not following the true Jesus (the one that gave the Sermon on the Mount) and that the “god” they believe in was an evil impostor, not the true creator of all that is.  I’m not an atheist (and to be honest, I think some hard-core atheists are just as bad as some fundamentalists Christians) but I just don’t believe that a “god” who can wipe out three thousand of his own “chosen people” is anything other than pure evil (and that begs the question of why anyone who is NOT Jewish would believe that particular “god” wants anything to do with them). Of course the Jews had to manufacture a “devil” who is supposedly even worse, but as far as I am concerned they were probably all aliens (or other-dimensional beings, perhaps) with very human traits, including killing and lying (and actually we got some of THEIR bad traits because they mixed their DNA with ours, both through artificial insemination and through breeding, the latter as mentioned briefly in the book of Genesis).

Even if modern “Christians” weren’t so hateful, I still would not believe the way they do (if you want to know why, read William Bramley’s book “The Gods of Eden” as an introductory volume – you might be able to find excerpts online if you search for it).  Or you could look up the “Nag Hammadi Library“, an archaeological discovery in 1945 that most churches won’t even talk about.  I think what passes for “Christianity” today (and in fact, is the basis of ALL religions) is a desire by those of the clergy/priestly class to make money and/or control people (usually both).  I’m not saying the people warming the seats on Sunday (or Saturday) morning are all evil, just uninformed and in many cases quite a bit naïve, and I’m not even saying all churches are sinister, though many certainly are.

It took me FAR too long to realize much of this (and I wish I could get back the years I lost to that nonsense), but it sure helped when the Internet and search engines came along and I could start looking things up to try to determine what was true and what was B.S.  The information is all out there, you just have to be willing to look for it, the same way you might look up information on a multi-level marketing (pyramid) scheme that’s trying to sucker you into something so that someone else can exert power over you and take your money.  If someone doesn’t want to look, there’s nothing you can do.  And I do understand that if all your friends and social connections are in a religious group, and you know they will shun you if you leave, it would be very hard to leave – but the fact that they would shun you proves they are not as nice as you may think.  If someone will only “love” you because you believe exactly as they do and agree with them (or pretend to do so), then it’s not real love.  And if you worship a “god” because you fear he will strike you down, or send you to some form of horrific punishment when you die, that’s not love either.

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Why not build a bridge across Lake Michigan?

View while heading north on the Lake Pontchart...

Image via Wikipedia

This is just a musing I want to save for future reference.

It seems to me that the states of Michigan and Wisconsin should get together and investigate the feasibility of build a bridge across Lake Michigan, similar to the newly opened Jiaozhou Bay Bridge in China, or the Lake Pontchartrain Causeway in Louisiana (the latter span handles more than 43,000 vehicles a day).

In order to keep the span over water as short as possible, while still keeping it relatively near major metropolitan areas, my suggestion would be to build it from a point just south of the Silver Lake State Park near Shelby, Michigan and from there build a connector to US-31 a short distance away.  Then it’s roughly a 25 minute drive to the intersection of I-96 and US-31 in Muskegon.  From there it’s another 45 minutes or so to Grand Rapids.

On the Wisconsin side, the closest terminus would be at a point a few miles south of Sheboygan, specifically just north of the Kohler-Andrae State Park.  From there you’d build a connector to Interstate 43, again just a short distance away.  From there it is about 50 miles to Milwaukee, and 60 miles to Green Bay.  The people of Wisconsin might then also want to think about improving highway 23 between Sheboygan and Fond Du Lac, and eventually all the way over to I90/I94.

There are really only two questions to be asked.  One is, is building such a bridge even possible?  Well, if China can build something as huge as the Three Gorges Dam, I have to think that not much is really impossible if we set our minds to it and determine that it will get done.  If you can build a 20-mile span, you can build a 60 mile span — it might take three times as long, but the benefits would be enormous.

What benefits?  Well here are just a few off the top of my head:

  • No more traveling through Chicago on a trip between Michigan and Wisconsin, with its traffic jams, pollution, and toll roads.
  • A dramatic cut in travel time on a trip by vehicle from Grand Rapids, Muskegon, etc. to Milwaukee, Green Bay, and possibly even points west such as the Twin Cities in Minnesota.
  • Truck traffic could use the bridge (at present none of the ferries crossing Lake Michigan can handle large trucks, to the best of my knowledge).
  • Crossings would be possible at all times of year, although there may be times it would have to be shut down temporarily during the Winter months, especially during severe storms.
  • Crossing would (hopefully) be affordable for the average family.  I have no doubt they’d want to put tolls on crossing, but still one would hope they’d be considerably less than what the ferries charge.
  • For Michigan in particular, it would end some of the isolation we feel, by allowing interstate traffic (and even traffic between eastern Canada and points west) to pass through Michigan.  Any time you have traffic crossing through a state, some percentage of that traffic spends money in the state.
  • Dramatically lower shipping costs for some Michigan and Wisconsin companies.
  • It’s quite likely that the federal government could be persuaded to kick in at least matching funds for the project, and maybe they would pick up more.
  • Everyone talks about harnessing wind energy off of Lake Michigan, but no one want to see a windmill from their shoreline property.  But, you could build the bridge supports so that each would support a windmill, all the way across the lake (except, perhaps, the section closest to shore).  This would generate a tremendous amount of energy that could be used to help power lighting on the bridge at night (and maybe also ice-removal systems), with the excess sold to utilities on both sides of the lake, and ultimately might help keep tolls down.
  • Speaking of power utilities, I would bet they’d be willing to lease space under the bridge to run high voltage circuits.  And communications companies would probably want to run a fiber optic cable or two as well.
  • Also on those windmill towers you could lease space (under the windmills) to cell phone companies, so that people’s phones will work all the way across (plus it would offer better coverage to boaters in the area).
  • Tourism in both states would increase.  A bridge like this would attract people from all over the world who would just want to experience driving over it.  They need places to stay and eat, and buy essentials and souvenirs.
  • In an emergency in one of the states, it could provide a much-needed evacuation route.
  • Construction of such an ambitious project could revitalize the economies of both states — and both states could really use an economic boost right about now.  It would certainly help lower the unemployment rate for a time.

Any drawbacks?  Well, maybe a few:

  • The existing lake ferries would probably not survive.  That’s never a good reason to not build a bridge, but I suspect that at least one could survive by simply relocating its end points (further north or south).  A bridge would handle many times the amount of traffic (including large commercial vehicles) at lower cost, and would be open all year.
  • It would have to be protected against Lake Michigan ice.  We obviously know how to do this because the Mackinac Bridge hasn’t fallen down yet, but it would have to be designed to be resistant to THICK moving ice, especially near the shorelines.  If that’s a real problem, one possible solution would be to make a bridge-tunnel combination, where the sections nearest the shore are submerged tunnels (like the Detroit-Windsor Tunnel) that rise to to the surface on man-made islands five or ten miles out. Remember that the ice is always thinner as you get away from shore, and Lake Michigan rarely freezes over completely.
  • Due to the length and the fact that it crosses between states, you might need to construct an “oasis” right on the state line, by widening the bridge at that point and placing a gas station/restaurant/rest area in the center, and also a place for vehicles to make a legal U-turn (people will always have a need to do that for one reason or another, and you really don’t want to force someone to drive 50 or 60 miles before they can turn around, plus you need a legal turnaround for police and service vehicles).  In the winter, a tow truck and possibly an ambulance could also be stationed in this area.
  • It will be necessary to de-ice the road surface in winter, but that has to be done in such a way that any spillover won’t contaminate the lake.  Most of the time, just spreading sand would improve traction, and Lake Michigan is famous for nothing if not for sand!
  • There may be days in the winter when road conditions are so bad that the bridge would have to be closed temporarily, particularly in “black ice” conditions, UNLESS an effective de-icing system can be built into the bridge.

I am fully aware that hardly anyone, and perhaps no one will take this suggestion seriously (at least not in what’s left of my lifetime).  And I think that’s a bit of a shame because the benefits would be enormous, plus it would prove that the Chinese are not the only people capable of dreaming big and then making their dreams become reality.

Just something to think about on this Independence Day weekend.  And I will be as stunned as anyone could be if this bridge is ever actually built!

Note: If you wanted to think REALLY big, you could make a double-decker arrangement with cars on top and high-speed rail underneath.  If there’s enough room, you could run two tracks, one for high speed rail and one for regular freight trains.  Or something like that.

Related Article:

Russia plans $65bn tunnel to America – Times Online

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Random thoughts on various topics

Today I just want to post a few quick thoughts on various topics, none of which are sufficient for a full article:

THE UPCOMING ELECTIONS: Before you vote, or if you are thinking of not voting, you should watch Keith Olbermann’s video (transcript here), which really exposes what the Tea Party candidates are all about.  I realize that Mr. Olbermann does get a bit passionate at times and that he does not break up his talks with humor (like, say, Jon Stewart) but in this case what he has to say is really important.  If you think that the Tea Party candidates are in any way standing up for America or espousing American ideals, you really need to watch the video.  Suffice it to say that I firmly believe that if the Tea Party, every gets much of a foothold in American politics, they will destroy the Republican party and many of our cherished American principles. And people of my age and older should really be very afraid of these folks — again, watch the video if you want to know why.

HULU AND THE NETWORKS BLOCKING PLAYBACK ON BOXEE AND GOOGLE TV: This is doomed to fail.  The same folks who have figured out how to “jailbreak” mobile phones will find it extremely easy to fool Hulu, et. al. into thinking it’s communicating with a plain old web browser on a standard PC.  And the reason that Hulu and the networks should not be blocking their content on such devices is because when the “jailbreakers” do it, you can bet that they will also figure out a way to remove the commercials from the stream.  Hulu in particular is very vulnerable here, because either they’re going to have to relent or they’re going to wind up blocking playback to users that really are using a standard browser on a desktop computer.  If they don’t relent soon, then the hack that allows viewing Hulu on those devices without the commercials will begin to receive wide acceptance, and then they will be in the position of trying to put the genie back in the bottle — they will never be able to get people to accept watching the ads (which will, of course, mean that eventually they will go out of business).

THE MOST USELESS FEDERAL AGENCIES have to be the Federal Communications Commission and the federal Food and Drug Administration.  I’ll leave the FDA alone for the moment, but the FCC is so obviously in the pocket of the huge corporations that you know something is definitely wrong there. Seems like about every other day we read story after story of how Internet users in countries like South Korea get broadband speeds about 100 times what most of us can get. The thing I don’t understand is why this seems to happen even in times when the Democrats have the majority in the legislature — it’s as if the Republicans still control the agenda even when the Democrats are in power — UNLESS the Democrats are also kowtowing to the huge corporations.  If Democrats DO lose to the Tea Party loons, they have only themselves to blame, for not doing the right thing when they had every opportunity.

ZECHARIA SITCHIN PASSED AWAY ON THE MORNING OF OCTOBER 9, 2010: Many readers will not know who he was, but basically he was a researcher of ancient Sumerian texts, who offered some very interesting (and often controversial) insights into our ancient past.  Even if he wasn’t 100% accurate — and who could be when you are talking about things that happened thousands of years ago, when you consider that our news media often can’t get details right on a story that happened two days ago — his biggest contribution to humanity was to expand the thinking of everyone who ever read his work.  For example, you will never look at the evolution vs. creation debate in quite the same way after you find out what the ancient Sumerians had to say about our origins, as reported by Mr. Sitchen.  I think he is one of those people whose genius has gone largely unrecognized by his own generation (even though most of his books sold very well), but who will be recognized and revered by future generations. Whether you agree with everything he wrote or not, he was one of the great thinkers of our time. By the way, the Wikipedia article about him is extremely biased, though that doesn’t surprise me considering that his writings were probably seen as a threat to both the existing religious institutions, and to conventional “scientific” thinking regarding our origins.

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Why we should stop eating (and selling) foods containing High Fructose Corn Syrup (HFCS)

It’s in so many of our foods that we’ve probably lost track of all the things we have in our pantries and refrigerators that contain it, and yet there is increasing evidence that it’s one of the more dangerous substances we can ingest. Part of the problem is its abundance; it’s hard to buy foods in certain categories that don’t have it. People who drink a lot of pop (soda to you folks who live in other parts of the country) probably get far too much of it, unless you go out of your way to find a brand that doesn’t contain it. It is put into our foods and drinks by big corporations, mostly to save money. It is High Fructose Corn Syrup, often abbreviated HFCS.

People have been saying for years that HFCS is bad for you, that it’s been linked to everything from diabetes to cancer. The soft drink industry pooh-poohs this and has tried to sweep these concerns under the rug. Well, now there’s evidence of how bad HFCS is. Please go read this Reuters article, “Cancer cells feed on fructose, study finds” and note that HFCS contributes to the growth of pancreatic cancer cells.  Pancreatic cancer is probably one of the most deadly forms of cancer there is; if you get it you’d better go make out your will and say your goodbyes to your loved ones because (barring some miracle) you aren’t going to be around much longer.

Another thing I noticed in the article: “Now the team hopes to develop a drug that might stop tumor cells from making use of fructose.” So let me get this straight, they want to keep selling the food that contains the HFCS and then they want to sell you a drug to take away the effects of the HFCS?  Only in America would anyone think that is a good approach.

The article does not mention that part of the problem is that the United States has a high tariff on sugar.  Americans “have been forced to pay twice the world price of sugar on average since 1982.”  Just Google “sugar tariff” and you’ll find a huge number of articles, all of which pretty much say the same thing: That the sugar tariff is bad for American consumers and American business. But one side effect is that it causes food producers to elect to use HFCS instead of regular sugar in their foods.  It’s why Mexican Coca-Cola contains sugar, while the U.S. variety contains HFCS (and why some people will pay a premium price for the imported variety – well, that and they say the stuff made with sugar tastes a lot better).

If our politicians placed any value on the health of Americans, they would act swiftly to ban HFCS from foods, and/or eliminate the sugar tariff so there would not be any financial incentive to use HFCS.  Of course, there are those who believe that the group that’s really in power (which, they would tell us, are not the people we directly elect) have a goal of significantly reducing the population (ever heard of the Georgia Guidestones?), so they’d welcome any substance in our food that can kill us off quicker, especially if they can sell us expensive drugs at the end of our life that will drain our financial reserves. I’m not saying that I necessarily believe that, just that there are those who do.

I am certainly not what you call a health nut (I have often said I’d rather enjoy what I eat than add five or ten extra years to my life by eating stuff that tastes like cardboard, or worse) but this is a case where food manufacturers have a choice — they can use real sugar, which most people say tastes better and which does not have the same adverse side effects, or they can use HFCS to save a few pennies on each product they sell.  However, such companies should keep in mind that they are not immune to product liability lawsuits.  If I had been diagnosed with pancreatic cancer and read the above article, I’d certainly be talking to a lawyer, and believe me, I’d probably not only consider bringing suit against the manufacturers of the foods I’ve eaten that contain HFCS, but possibly also the distributors and supermarkets that sold those foods — basically anyone that profited from the sale of HFCS.  Until this research came out, you could say that those folks had some plausible deniability, but now that we know that HFCS can hasten the growth of pancreatic cancer, I would say that manufacturers ought to treat it as if it were lead or PCB or some other toxic substance and stop using it immediately, and customers should refuse to buy it.

You know all those ads you see on TV from lawyers wanting to take on mesothelioma cases? I don’t imagine it will be all that long before you start seeing ads from lawyers that say something like, “Did you develop pancreatic cancer after drinking soft drinks or eating foods containing High Fructose Corn Syrup?  If so, contact the Dewey, Cheatum and Howe law firm…”

EDIT: Every time I make a new post on this blog, a Twitter “Tweet” is automatically sent out announcing it.  Would you believe that within two hours of posting this article, I received a notification that a law firm specializing in class action lawsuits is now following my tweets on Twitter?  Specifically, their Twitter page describes them as “Bio Class action attorneys with a record of winning multimillion dollar cases.”  So, food and soft drink industry, it appears that perhaps my post has been noticed by someone with the power to hit you squarely in the pocketbook.  Seriously, I’d get rid of the HFCS in your products now, if I were you.

EDIT 2: And just in case you need another reason HFCS should be banned: Kids with Unexplained Stomach Pain May Have Fructose Intolerance

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United Airlines fliers must now ask yourselves: If I speak to a flight attendant will I get thrown off the plane?

Saw an item on The Consumerist site today, entitled “United Removes Passenger From Flight After He Asks Whether A Meal Will Be Served.” It contained a link to an original blog post that details the story of one Joe Sugarman, an Internet marketing consultant who was on his way home from a seminar in Austin, Texas (why does this sort of crap always happen in Texas or Florida?).  And his blog post tells the story:

I get to the airport, boarded my plane and I’m sitting in first class. The flight attendant was right in front of me and was curious if they were going to serve meals onboard. So I asked her, “Are you serving any meals during our flight?”

She looked at me kinda funny and said, “I can’t answer that for security reasons.”

A little puzzled, I wondered how it affected security but I let it pass as she went into the cockpit. About three minutes later, two armed Austin police officers boarded the plane, looked at me and said, “Sugarman, follow us.”

Picking up the story a bit further down…

Finally a United representative approached me with my bags and said “We are taking you off this flight for security reasons.”

“Why” I asked.

“You apparently asked the flight attendant if the Police were onboard,” said the United representative. We’re not taking any chances and the captain asked that you be removed.”

“But I only asked her if a meal was being served,” I said. Only to be told that it was her word against mine and the Captain was not going to take any chances based on what the flight attendant claims I said.

Thrown off the plane for asking if a meal was being served was ridiculous. And why would I care if there was a policeman onboard anyway?

Strangely, United had a customer service representative ready and willing to book Mr. Sugarman on the next flight, so apparently at least someone in United has common sense. But, as The Consumerist said about the incident,

… WTF, seriously flight attendant? You couldn’t even say, “I beg your pardon” or “Would you repeat the question” to confirm that you had an evil ‘sploding terrorist on board?

Then there is the lazy Captain, who apparently could not be bothered to go talk to the passenger and do his own assessment of the situation.

Mr. Sugarman further comments,

Another thing that puzzles me is that I am what is called a 1K flyer on United flying over 100,000 miles a year at a minimum. I have flown 2.5 million miles on their airline through the years as well. Couldn’t they use common sense and realize that I didn’t suddenly go off my rocker after being such a good customer of theirs. And why did they believe the flight attendant over me when they let terrorists on board with bombs in their suitcase? Can you make sense of this?

Now, when I read Mr. Sugarman’s blog post, I scrolled down and viewed some of the comments, and noticed this one by Robert Clay:

This reinforces something I have observed for some time. It is often said that the United States is the land of the free, and at gatherings people are often asked to celebrate their freedom. But I wonder if this is all really brainwashing. After all, for all it’s many excellent qualities America right now has the largest percentage of its population in prison of any country on Earth. One out of four people, one out of four humans in prison in the WORLD are Americans, imprisoned in America. This excellent TED talk by Chris Jordan really makes the point” http://www.ted.com/talks/chris_jordan_pictures_some_shocking_stats.html

The ridiculous experience you had is another symptom of this. Interestingly I saw a TV program where Russians were being interviewed about why they were seemingly so disinterested in “democracy,” and what came out is that they just don’t need democracy. Nobody bothers them. They get on and can live their lives without interference.

That said, I don’t suppose the authorities would be too impressed if you were a political activist pushing views that oppose their own. But it’s no different in the US. Or Singapore. Or China.

But I agree with you, it’s right to ask what America is coming to when the average person really isn’t as free as they’ve been brainwashed to believe, and freedom and America are far from being synonymous for millions of people.

Mr Clay sort of verbalizes a feeling I’ve had for a long time. When I was a kid, our teachers tried very hard to brainwash us into thinking that America was the greatest country on earth. Of course, the way they framed it was that if we didn’t love America, our only other option was to live in a place like the “evil” Soviet Union, where people might be shot for asking for a loaf of stale bread to feed their families (seriously, you can’t begin to imagine the lies we were told about the Soviet Union as kids – it actually came as quite a shock to me when I finally realized that Moscow was a major city with modern buildings and electricity, even if not exactly up to U.S. standards).

But the worst thing about the old U.S.S.R., or so we were taught, is that the people there had no freedom – the government basically dictated their every move, morning, noon, and night. The U.S.A. was the closest thing to heaven on Earth, while the Soviet Union was the closest thing to hell, and if there were other choices our teachers sure weren’t about to mention any of them.  We weren’t even taught anything about our closest neighbors, Canada or Mexico, except perhaps in passing references. According to our educational experience, the only countries that mattered were the United States, England (primarily for historical reasons), Germany and Japan (primarily because of their involvement in then-recent wars), and the U.S.S.R.  Occasionally we’d be taught about what we now call a third-world country, like Malaysia (where the natives were still slaving over rice paddies or running around using blow darts to get their food when they weren’t dying of malaria, according to my elementary school education), but probably only to reinforce how lucky we all were to be living in the United States.

This kind of teaching occurred with some regularity throughout elementary and junior high schools, and didn’t really even begin change until about the time I got into high school, when the VietNam War basically divided the country and started causing many people, including some of my teachers apparently, to start questioning whether the U.S.A. always took the most noble course of action. The fact that we had two fairly awful presidents in a row (Lyndon Johnson, a Democrat, followed by Richard Nixon, a Republican) probably didn’t help matters any. But then the war ended and the Bicentennial came along in 1976, and that invoked a new wave of patriotic fervor.

But back in 1967, just about the time that our teachers were starting to sound a bit more enlightened, a movie called “The President’s Analyst” came out. It’s probably one of the few movies I ever saw in a theater (suffice it to say that I am not a big fan of the “theater experience”). And at the time, there was a line in the move that impressed me as being somewhat prescient, at least for the U.S.A.  No, not the one about everyone hating the phone company, although I did get quite a chuckle out of that one.  I actually could not recall the exact line until I went to the The Internet Movie Database, and right there it was, posted in a user review by Merwyn Grote, who wrote,

My lasting view of Soviet-U.S. relations was clearly defined after watching THE PRESIDENT’S ANALYST. Soviet spy/assassin V.I. Kydor Kropotkin, played by Severn Darden, explains to kidnapped American psychiatrist Dr. Sidney Schaefer, played by the irrepressible James Coburn: “Logic is on our side: this isn’t a case of a world struggle between two divergent ideologies, of different economic systems. Every day your country becomes more socialistic and mine becomes more capitalistic. Pretty soon we will meet in the middle and join hands.” Beautiful, simple logic, clearly stated in a whacked-out, slightly psychedelic satirical farce about Cold War paranoia. A gem of genius in a world gone mad.

The trouble is that, in my opinion, we’re not just becoming more socialistic – we’re also beginning to take on some of the negative attributes that our generation was warned about, only we were warned they would happen if we allowed the “evil Communists” to take over our country.  Well, virtually all the recent laws that have seriously curtailed our freedoms were passed during the junior Bush administration, and I don’t think the Republican party is quite ready to take on the mantle of “socialist” or “communist”, though at times they seem to approve of actions that seem not too far removed from something Joseph Stalin would have approved of. Admittedly, the current administration doesn’t seem to be in any big hurry to give us back our stolen freedoms, and that worries me a lot – if we can’t trust either of our political parties to do the right thing, what hope do we have as a nation?

The incident with Mr. Sugarman and United Airlines is certainly not the worst thing that’s happened to an air traveler in our post-9/11 society, but it is symptomatic of how wacko our nation has become, both in that this sort of thing could happen and that most who read about it will think, “Well, that’s just what you have to put up with when you fly nowadays.” Most people in the U.S.A. don’t even blink when TSA screeners do full body scans on children (as this article explains, “In the United Kingdom, scans are not performed on anyone under 18 because they would violate child pornography laws”). And the people of the former U.S.S.R. are probably saying, “Welcome to our world.”

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The end of the United States as we know it: Supreme Court makes worst decision of the past century!

I have long argued that corporations should not be treated as persons under the law, for the simple reason that corporations have no souls.  They can therefore do evil with impunity. Even if they are convicted of a crime — which, because they can afford high-paid lawyers, is far less likely to occur than if you or I were to perform some evil act — in most cases the only penalty that can be imposed is a financial one.  After all, you can’t pick up the corporate headquarters and put it in a jail cell, or anything like that.  And of course, any financial penalty is often simply passed on to customers in the form of increased costs, so the corporation really doesn’t suffer at all (and worse yet, the CEO’s still get their perks and golden parachutes).

So, to give a corporation all the rights of a person, when they effectively cannot be penalized as a person might when they choose to do wrong (and it seems like they make that choice a lot these days) is just insane.  And that’s why today’s Supreme Court decision makes no sense. By a 5-4 vote, the court said that corporations can spend as much money as they want to influence elections.  In effect, they can drown out an opposition view, and in many cases put their own hand-picked candidates in office. Read the Associated Press story for more details.

In my opinion, this marks the beginning of a major change in the way that the United States is governed. We won’t really start to see the full effect until the next election cycle, but in five or ten years the USA could be a totally different country than the one we know today (and, I might add, nothing at all like the founding fathers envisioned, not that most people seem to care what they thought anymore).

Just as one example, if corporations can seriously influence elections, do you really think they are going to allow legislators that are pro-consumer to get into office?  Think about the recent credit card reforms – now, if the banking industry had been able to buy elections in key districts, do you think there’s any hope those reforms would have passed? How much chance do you think we will ever have of getting true health care reform if big pharma and the big medical corporations can influence elections?  Yes, I know that to some degree this has already happened (and I think that’s just plain evil when it does) but now the Supreme Court has opened the floodgates, and from now on there will be almost no limit on how much corporations can control the government.

It’s not like some of the science fiction films over the last few decades haven’t warned us that corporations might someday run the country, but we never took them seriously – it was just entertainment, right? Maybe not so much.

One of the biggest flaws in the American system is that nine people in robes (used to be nine old men in robes, but now there are women among the ranks) can make horrible decisions that will adversely affect this country for decades.  But honestly, I don’t think the Supreme Court has made this bad a decision since Dred Scott. I honestly feel that today’s decision marks the beginning of the end of the United States as we know it, and I for one don’t think I’m going to much like what come out of today’s decision.  As always, in situations like this, I really hope I’m wrong, but somehow I doubt it.

Edit: Apparently it’s not just me that sees this ruling as disastrous — see the New York Times editorial, The Court’s Blow to Democracy.

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Why I support Michigan’s new workplace smoking ban

I need to tell you up front, there are really only three types of people that I usually take an instant dislike to.  The first are bigots.  If you think that certain people have less value, or are less worthy than you of living the American dream just because you were born with certain characteristics and they were born with different ones, you and I are not going to get along. I was having a conversation with a guy who lives near me one day and he started dropping the “N” word into his conversation.  I instinctively decided he had an I.Q. somewhere below that of a lump of coal, and have gone out of my way to avoid him ever since.

The second group I tend to dislike are the people who think that the only thing that matters in life is how much money you make.  I see money as a necessary evil, and I do mean evil – the love of money drives people to act in a very inhumane manner toward their fellow human beings.  I realize we are stuck in a world where money is a necessary evil (which is why I sometimes think we actually live in a reality as close to hell as most of us will ever see), but the type of person that really turns me off is the excessively greedy; the one that measures the worth of people solely by how much money they make, and of things by how much they cost.  One reason I don’t like large corporations is because by design, they are solely focused on making money, and therefore tend to have all the bad characteristics of the greediest people you’ll meet.

There are other people that I tend to dislike, but am willing to cut them a break to some degree.  For example, fundamentalist religious types — I think they are seriously deluded, but as they are, I once was (at least to some degree), so I can’t judge them too harshly.  I may avoid them, but only because I realize they are not yet at a point where they are willing to explore the problems in their beliefs, and until they reach that point, any debate on the subject would result in a lot of heat being generated, but not much light. Such people have a path to walk, and sometimes they just really need to see the logical outcomes of their beliefs (turning into a really mean, hateful, ugly person with a very black soul) before they begin to seek the true light.

But the people that I most immediately take an instant dislike to are smokers. With a bigot, they usually won’t let you know they are a bigot right up front (there are exceptions, of course, but I haven’t run into too many of those).  It’s the same with the money-grubbers — even clues such as how they dress or talk don’t always tell you what’s really in their heart; so it takes a while to figure them out. But with a smoker, you know the moment they pull out that cigarette and light it up.  What do you know about them?

Well, you know they don’t care about their own health, and you know they don’t care that those they love might have to watch them get sick and die from a totally preventative disease.  You know they don’t care that the medical bills associated with keeping them comfortable during the last days of said disease might drain their family’s savings, leaving them nearly destitute.  You know that they don’t care that the money they spend on cigarettes could be used in far better ways, for the care of themselves and/or their families. You know they don’t care that those they live with have to at very least smell the stench of nicotine on their clothes, and that anyone that kisses them will be kissing an ashtray. You also know that at least some of those folks are spending money on cigarettes even though their children are living below the poverty level (sorry, kids, you aren’t getting Christmas presents because mom and dad need their smokes) and you know that some of them smoke inside the house while their kids or pets are present, damaging their own kids’ lungs.

You know they don’t care about their own appearance – nothing can make a person start to look ugly like a few years of smoking. And if they smoke at home, you know they don’t care about their home’s appearance either – maybe they don’t notice the yellowed ceilings and walls, or that all their furniture stinks to high heaven, but non-smokers sure notice.

You know that most of them smoke inside of their vehicles, not caring that this lowers the resale value of the vehicle, and that at least some of them do that when their kids, or their non-smoking family or friends are inside the vehicle.  I have often said, and I firmly believe, that if a police officer sees an adult smoking in a car where children are present, they should have the authority to call child protective services and make sure those kids will never be put in that situation again, and the adult should be prosecuted for child abuse to the fullest extent of the law.  Okay, if you think that’s too harsh (and I really don’t, given what we now know about the dangers of secondhand smoke), then give the adult one shot at rehabilitation – mandatory smoking-cessation classes under a doctor’s supervision, for which they have to pay (if they can afford the smokes, they can afford the classes).  But if, after going through that program they are again caught smoking with a minor child in the car, they get mandatory prison time.

And when someone lights up in my presence, to me that is as personally offensive as if they’d walked up and urinated on my food.  It means they don’t give a damn about me as a person, that they don’t care that they are damaging my lungs, making my clothing smell bad, and generally making me nauseous.  I’d rather smell a skunk at moderately close range than a smoker (in fact, if there were such a thing as street justice, a fitting punishment for an unrepentant smoker might be to lock them in a room with an angry skunk, until the skunk does his thing.  Then make sure he know that this is exactly how some non-smokers feel when he smokes around them).

Now, I do realize that not all smokers are inconsiderate.  Some realize they are fighting a filthy habit.  They don’t smoke inside their home (unless they live alone, and are prepared to pay the cost of having a professional company try to clean up after their habit when they are ready to move), and they don’t smoke in their car if kids or non-smokers are riding along.  If they smoke at work, they do it outside (even if it is -30 degrees) and move far away from the doorways, so that others who need to enter and exit don’t have to breathe their smoke.  They try to be aware of which way the wind is blowing, and stand so that their smoke doesn’t drift toward others. If they are with a non-smoker, they don’t even ask if it’s okay to smoke (would you ask someone else if it’s okay to spit on them, or urinate on them?), they just don’t, unless they can get far away from (and downwind of) the non-smoker(s).  They don’t go into a public bathroom to sneak a smoke and then leave it reeking of smoke for the next user. That kind of unselfish smoker is unfortunately all too rare, in my experience, but to the extent they exist, I sincerely hope they can find effective help in kicking the habit.  I realize that such folks are the victims of the big tobacco marketing campaigns (and in some cases, cigarettes “spiked” with added nicotine to make them even more addictive), so for those folks I have some sympathy. For the selfish smokers that (at least in my experience) seem to comprise the majority, I have little sympathy — once you start inflicting your nasty habit on others, you are no better than a common thug that goes out and assaults people at random.

There’s one other point that needs to be made.  Some people, even some non-smokers, have somehow come to believe that this is a matter of personal freedom.  Well, as the old saying goes, your freedom ends where my nose begins (and not just my nose, but my clothes, and the interior of my car or my home as well). However, the argument is sometimes made that if the government gets away with restricting the “freedom” to smoke, they will feel emboldened to attempt to regulate other “unhealthy” activities. Of course, if you think about it for a couple of seconds, that ship has already sailed and is now ancient history.  Our government has deemed that many drugs, including those that are nothing more than the natural byproducts of plants that have been around for centuries, need to be regulated. Viewed that way, tobacco is just one more dangerous and addictive drug that should have been banned long ago, if there were any consistency in the law.

Still, I could have some sympathy for that argument — I happen to think that the government in the United States is very overbearing on the personal freedoms of Americans (and regularly treats our Constitution as something akin to toilet tissue in the process).  You know something’s wrong when wealthy Americans are, in increasing numbers (and especially when nearing retirement age), choosing to leave the United States and move to other parts of the world, where their freedoms are not so put upon — and many of those destination countries have anti-smoking laws as well, so that’s not the issue.  I don’t want my government to keep me absolutely safe — that should be my responsibility.  If, for example,  I want to ride a motorcycle without wearing a helmet (something I personally think would be a very stupid thing to do), that should be my choice, since I have long since passed the age of 21 and am past the years where peer pressure by my stupid teenage friends might unduly influence me to do stupid things. And I don’t like automobile seat belt laws for the same reason.

But the major difference is this:  If I choose to sit and gulp down spoonfuls of white sugar instead of eating healthy food, or eat nothing but artery-busting hamburgers with enough grease to saturate the bun, or do anything else that adversely affects my health, it mostly affects just ME.  Smoking is one of the few things I could do — deliberately exposing myself to an airborne disease and then coughing right in your face would be another — where my lack of care for my own health could directly affect your health negatively.  In that case, you have every right to hope and expect that the law will protect you from my attempts to ruin your health (and more so if I were a minor child in your care). Otherwise, it’s none of your business (or the government’s) what I choose to eat, or how I choose to protect myself.

I know someone’s going to bring up the argument about “yes, but if you get sick or hurt, others have to help pay.” Well, please remember that the next time YOU choose to engage in an activity that’s even the slightest bit hazardous.  If you can restrict others from eating “junk food”, maybe they will restrict you from swimming (people drown and nearly drown), boating (people fall overboard), fishing (people fall off piers, and there’s mercury in fish), any form of winter recreation (people fall and break bones on the ice, and while skiing, snowboarding, etc.), paragliding, parasailing, skydiving, mountain climbing (people fall from heights and get killed, or in the mountains they die of exposure), hiking in the woods (people get lost, run into bears and other dangerous wildlife), surfing (people drown, or get bitten by sharks and other nasty sea creatures), or even golfing (people get hit by golf balls and even falling tree limbs!).  I’m sure that some insurance companies would prefer you live in a rubber-lined room and eat nothing but bland, organic vegetables.  My point is that part of the human experience is doing things that aren’t completely safe — otherwise roller coasters wouldn’t exist — and that adults need the freedom to choose how much they wish to live life on the edge in order to gain experiences, whether that means occasionally eating unhealthy but tasty food, or engaging in an extreme sport such as auto racing.

So, I am definitely NOT for restricting personal freedoms as a general rule.  But smoking is the exception, precisely because when a smoker smokes, he pollutes the air (and sometimes the living space) of others. Viewed that way, smoking (as practiced by most smokers) is one of the ultimate acts of selfishness.  In my opinion, a nicotine addict should be viewed in much the same way as a sex addict – yes, it’s an addiction that needs treatment, but first and foremost, the addict needs to be stopped from hurting others.  And that is what this new Michigan law (along with similar laws in several other states) is intended to do – stop the nicotine addict from hurting others because of his addiction.

This new law could be better – I totally disagree with the exemption for the casinos, and I also think that a companion law should be passed that protects minor children from having to breathe secondhand smoke in all circumstances, but especially in vehicles (where the secondhand smoke is concentrated in a very small space). I’d like to see a vehicular smoking law, that states the following:

  • It’s a misdemeanor (first offense) or felony (subsequent offenses) to smoke in a vehicle where anyone under the age of 21 is present. First offense requires either jail time or completion of smoking cessation program. Second offense requires reporting to Child Protective Services to assess whether children’s health is being endangered by being confined in vehicle with smoking adults.
  • Assault charges can be brought against a driver or passenger who smokes in a vehicle after being requested not to by a non-smoker. Also the non-smoking passenger could sue the smoker in small claims court and receive $300 in statutory damages per incident ($5,000 per incident if required to ride in the vehicle as a condition of employment, and the employer could be held jointly responsible if there is no policy against smoking in vehicles during work-related trips).
  • Employers would be forbidden from firing or otherwise penalizing an employee who refuses to ride in a vehicle with smokers (it would be a criminal offense if the employee is under age 21).
  • Smokers would not be allowed to participate in publicly funded carpooling or ride-share programs, unless such programs do not place smokers and non-smokers in the same vehicle under any circumstances.
  • It would be an offense to use a carpooling lane while smoking (if we even have any of those in Michigan).
  • Smoking while driving would be considered a separate chargeable offense if it can be proved that smoking, or an activity related to smoking (such as searching for a lighter or matches) is a proximate or contributory cause of a traffic accident.
  • Any business that sells gasoline may not sell tobacco products (nor may a store that primarily sells tobacco products, such as a “smoke shop”, be opened within 250 feet of a gasoline pump, though existing businesses would be grandfathered in as long as they are not owned by the same company that owns the gas station). (And yes, I know what the chances are of getting that one passed, but it would remove a lot of temptation).
  • Used vehicles offered for sale by a dealer must be tested for nicotine buildup in the headliners and other fabric parts of the vehicle (such as seats).  If nicotine residue above a certain concentration is detected, that must be clearly disclosed at the time of the sale (it would be permissible to attempt to clean the residue and retest, or to replace contaminated surfaces, but prospective buyers must still be informed of the before- and after-cleaning test results).  Cars more than 15 years old would be exempt from this required testing, as would private vehicle sales or auto auction sales.

Note that nothing above would stop a person from smoking in their own car when there aren’t any children or non-smokers riding along. In an ideal world, tobacco would be treated as it really is, a far more addictive drug that other drugs that are now totally illegal to possess. For example, tobacco is more addictive than marijuana (especially when the tobacco companies “spike” the nicotine level), yet unless you have the clearance to smoke marijuana for medical reasons, they’ll throw you in jail for even possessing a little pot. That, to me, seems totally ridiculous – at least marijuana arguably has some medical uses (and I did vote to legalize it for medical purposes, in case you were wondering) but tobacco is only still legal because the big tobacco companies have had so much influence in government, even though we know how dangerous it is to both smokers and those that have been forced to inhale second-hand smoke, and has virtually no medical benefits (certainly none that outweigh the damage it does to the lungs and to other parts of the body).

Now, I know that some smokers that read this will think I am the world’s biggest ass for even daring to write this (even though I’m probably saying something a lot of your non-smoking associates would like to say), and if that’s how you really feel, then I assure you that if I ever met you the feeling would likely be mutual (I know this because I’ve run into your kind before).  On the other hand, many people who read this, smokers and non-smokers alike, will know exactly the type of smoker that causes non-smokers to react this way – the inconsiderate moron that doesn’t care how many non-smokers he offends with his habit, even if they are members of his own family. It’s similar to the guy who gets drunk and then says all sorts of nasty and offensive things to the people around him – even if he’s a nice guy when he’s sober, he’s still a jerk when he drinks.  The same is true of smokers – I don’t mean to categorize them all as evil people, but when they smoke, many of them seem to forget all about others and think only of themselves. I truly do have sympathy for those who are trying to quit and having a hard time, but if you have any love at all for those around you, don’t let the fact that quitting is hard stand in the way of doing it. Talk to your doctor, or to a hypnotherapist, or to the American Lung Association, or to someone else you think can help, but just do whatever it takes to quit.

And if you have kids, and if you love them, don’t let them ever start!  Check them for tobacco use the way you’d monitor them for illegal drug use.  Smell their clothes and the inside of their vehicle, if they have one.  If you find out that one of their friends smoke, react the same way you’d react if you found out that friend was using a dangerous drug. Make it very clear from the time they are about five years old that you have zero tolerance for smoking. Of course, if you smoke you’ll have no moral authority in the matter, so that’s another great reason to quit!

EDIT: It’s been less than 24 hours since I posted this and even though it’s a Sunday, it appears that someone who’s acting as a sock puppet for the tobacco industry found this post and attempted to leave a comment (which I rejected primarily because it had almost no original content, but included three links to pro-smoking propaganda sites!) .  So let me make it clear – if you want to attempt to refute anything in this post, please do not send links to propaganda pages (you will note all of the above is my original writing; there are no links to any other page in this article).  Instead, respond to the points I made in this post (not points that some “straw man” anti-smoking group supposedly made somewhere else – I didn’t quote them, and I’m on to that trick). I’m willing to discuss anything I’ve written, but I’m not willing to try to refute some ridiculous argument that some (possibly non-existent) anti-smoking group supposedly made – if you have an issue with someone else, take it up with them.

And just so you know, in order to refute this post, you’re going to have to prove that secondhand smoke isn’t harmful to others (and especially children, and especially when they’re riding in a vehicle with a smoker) — good luck with that — and you’re also going to have to prove that the stench of tobacco smoke isn’t repugnant to the majority of non-smokers, and the only way you could make that argument is if you’re totally oblivious to the reactions of non-smokers when you light up in their vicinity (particularly those that don’t have to try to get along with you for one reason or another) — or if you’re a shill for the tobacco industry!

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Great Lakes IT Report: Upstart Phone Companies Upset With New Telecom Tax

It appears some of Michigan’s smaller phone companies are upset about House Bill 4257, which has been passed by both the Michigan House and Senate, and is awaiting the Governor’s signature.  From the Great Lakes IT Report:

A group of small Michigan-based telecom providers is complaining that a bill passed by the House and Senate would create a new telecom tax and favor large companies such as AT&T and Verizon over Michigan-based companies.

Full article here.

Committee summary of the bill here.

Floor summary of the bill here.

In the latter document, you can see the fatal flaw in this legislation:

Require the restructuring mechanism to be supported by a mandatory monthly contribution by all providers of retail intrastate telecommunications services and commercial mobile service.

It’s not surprising at all to me that AT&T again gets what it wants from the Michigan legislature.  I certainly would not be opposed to seeing the terminating charge ripoff by some of the small independent phone companies (especially the ILECs) phased out, and at first glance it looks like that’s what the legislature is trying to accomplish.  Except, as you read further, it looks like they are simply trying to eliminate a very visible ripoff and substitute a different kind of ripoff, one that would pick the pockets of more companies (and, ultimately, their customers) in the end.

The interesting twist is that due to federal law and court ruling, the state cannot force VoIP providers to become unwilling contributors to this scam. And I doubt the other companies are just going to quietly accept this, any more than AT&T or Verizon would quietly accept new legislation that picks their pockets.  If the Governor signs this bill, it will wind up in the courts, and the state will be forced to spend tax money to attempt to defend this legislation — and my guess (I’m not a lawyer, so all I can do is guess) is that the state will probably lose, and the taxpayers will have to eat the legal bills.

The other possibility is that, as the CEO of ACD.net suggests, all the CLECs will suddenly become VoIP companies.  That’s not a farfetched notion – all they have to do is figure out some way to get broadband service to their customers, then put them on a VoIP switch.

If this bill does pass, I have a suggestion for the independent CLECs: Pool your resources and form a cooperative to build your own statewide fiber-optic broadband network, initially to reach your existing customers, but feel free to branch it out to the rest of us so we have another alternative to DSL and cable broadband. Then provision your customers using VoIP only. Maybe you could even get some of the smaller cell providers to participate with you in building this network.  Build it with plenty of capacity from the start, so you never have to ration (or meter) bandwidth, and don’t let an ILEC anywhere near it (unless they want to become a VoIP-only company, too).

Interesting side thought: I wonder how will this would impact a company like Allband Communications, which probably benefits greatly from rural subsidies and terminating charges (and is one of the few companies that might not be able to survive without them, given the sparse population of the area they serve), but delivers all their telephone service using what is essentially VoIP (if the cable companies can call their service VoIP, then so could Allband, since it’s totally delivered over fiber to the home!). Would they get the sweetest deal of all, being able to receive funds from the “restructured mechanism” but not having to pay into it? I don’t know the answer to that, but the thought crosses my mind that if this legislation passes, Michigan could potentially become the VoIP state, as every provider attempts (insofar as is possible) to avoid paying into this screwy scheme.

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DSLreports.com: Wisconsin Data Shows AT&T’s ‘Franchise Reform’ Was A Joke – Now consumers get higher prices AND no consumer protection laws…

A long time ago, this blog had a somewhat different direction than it does today.  Part of what I tried to do was expose the abusive practices of the large phone companies, and (among other things) try to stop them from basically writing the communications laws that were supposed to regulate them. One of the reasons I shifted directions was because, basically, we customers lost, and I don’t enjoy beating a dead horse.  And only now, it seems, is the reality of what happened finally dawning on state officials, as indicated in Karl Bode’s article on the BroadbandReports.com/DSLreports.com site:

Wisconsin Data Shows AT&T’s ‘Franchise Reform’ Was A Joke — Now consumers get higher prices AND no consumer protection laws…

We’ve discussed how a significant number of states passed new state level video franchise laws at the behest of phone company lobbyists, but didn’t really realize what they were signing up for. Bills that consumers were told would result in lower TV prices by making it easier for phone companies to jump into the TV business, in many cases were little more than phone company wish lists — aimed at legalizing the cherry picking of next-gen broadband deployment, eliminating local authority (even eminent domain rights) and in some cases eliminating tough consumer protection laws.

The one thing the laws were supposed to do — lower TV prices — never actually happened.

One of the worst of these bills approved by duped lawmakers was in Wisconsin, where AT&T both wrote and lobbied for a bill that essentially gutted all consumer protections in the state under the auspices of cheaper TV. State residents used to have the right to prompt repairs, saw ensured refunds for service outages, mandated notice of rate increases or service deletions, and carriers had to provide a written notice of disconnection. Not any more. Now a new Wisconsin state audit shows that basic TV prices continue to skyrocket:
…..

One Wisconsin legislator (Representative Gary Hebl of Sun Prairie) has introduced a new bill that, he says, “puts people first, not corporations.” Well, if that’s really true, it’s about damn time (pardon my expressiveness, but it is!). All laws ought to do that.  Our Constitution ought to do that. Of course, it remains to be seen whether Rep. Hebl’s bill ever gets passed into law.

Here in Michigan, our legislators have been sold a similar bill of goods. About the only thing that did not happen here is that we did not completely do away with quality-of-service requirements.  But our wonderful Michigan legislators did pretty much eliminate all other consumer protections. They turned the Michigan Public Service Commission from an agency that was able to help consumers solve most any communications-related issue, to an agency that’s pretty toothless with regard to anything telecommunications-related. Unless you are subscribing to one specific landline service that virtually no one has or wants (PBLES), you now have very little protection against abusive practices by the phone company, unless you want to take them to court or file a complaint with the state Attorney General’s office (actually, I think aggrieved customers ought to complain to their state legislators – they made this mess, let them clean it up!).

(Just so as not to mislead anyone, I will say that complaints to the MPSC sometimes do still bring results, but only because the MPSC knows how to reach the top executives at some of the phone companies.  The MPSC usually can’t force the phone companies to help you anymore, but sometimes they can present your case to a high enough official that you’ll still get the desired results.  And, if you actually do have a quality of service issue – your phone doesn’t work and they tell you they can’t fix it for another month – then the MPSC does still have some authority in that type of situation).

One other point:  For nearly two decades, the Michigan Telecommunications Act had a “sunset” provision, such that it automatically came up for a rewrite every four or five years.  The phone companies always saw this as a chance to re-craft the law to be even more to their liking, while consumer groups and legislators that felt they’d been “hoodwinked” the last time around saw it as a chance to restore some previously lost customer protections.  But a funny thing happened on the way to the latest rewrite – a couple of years ago, the Michigan legislature quietly killed the sunset provision, making the current Michigan Telecommunications Act the one we’ll probably be stuck with for decades to come.  This indicates to me that the phone companies got what they really wanted last time around, and had no intention of letting the applecart be upset by disgruntled consumers or legislators in 2009.

Of course, any one of our legislators could, on their own initiative, introduce legislation that would attempt to undo the damage that was done in the last Michigan Telecommunications Act rewrite.  But unless they receive enough complaints from affected citizens, I doubt they’ll want to poke that particular beehive (the bees being the big telco lobbyists and lawyers, which would probably come into the state in full fury if there were ever any serious attempt at reform).

One way consumers could make an effective statement is to “vote with their feet”, and refuse to purchase any service from a large company that abuses their customers (especially when there are any other viable options available). But most customers don’t have that kind of willpower – all the “evil corporation” has to do is dangle a shiny enough carrot off the stick (in the form of a great “limited time promotional offer”) and we, like a bunch of stupid jackasses, subscribe to their services.

Like I said, I’m not into beating dead horses – once they’ve been dead long enough, they really start to stink — kind of like our Michigan legislature (and, presumably, their brethren in Wisconsin) when the big corporate interests come around.

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Killing the Golden Goose

I wonder how many folks saw this article yesterday on the Stop the Cap! site:

Cable Companies’ Big Internet Swindle: They Charge You $40 For Broadband That Costs Them $8 To Provide

I had sent this article to a friend and his response was, “if all these huge profit margins are true, then why is Charter in bankruptcy?” Well, a possible reason is that even what ought to be a hugely profitable company can be sunk by bad management and horrible customer service (and I have seen allegations of both with regard to Charter).  But in a way, Charter is the reason for this article. As I mentioned in a previous article,  Charter wants to move to what they call “consumption based billing.”

I just want to point out that while people may be slow to react, they are not stupid.  America is littered with the remains of once-great corporations that in their day were at the top of the heap, but then got greedy.  At one time, the American railroads controlled much of the country, especially the in the west.  It took a while, but shippers finally figured out that trucks were less expensive and more practical.  The thing is, the railroads at one time had all the advantages, including friends in government and economies of scale, but they just plain got greedy and priced themselves out of the market.

I’ve previously mentioned Western Union, which at one time owned electronic text-based communications within the U.S.A.  But even as they became more automated, moving away from guys pounding brass keys and into the age of teletypewriters, fax machines, and microwaves, they kept raising the per-word prices for telegrams. At the same time, the price of a phone call kept falling.  Had Western Uninion been a bit smarter, they might have been a major player in today’s world of electronic communications.

Then we have landline phone service.  While this is a bit of a unique story, since in part it’s a story of the landline business being cannibalized by the wireline side of the business, it still is an example of many customers finally getting sick to death of being overcharged for service.

So what do we have today? We have cable companies and phone companies that overcharge for service, particularly with regard to broadband and cable television. The cable companies complain that they are being practically held up at gunpoint by the broadcasters and content providers, who demand higher fees, and therefore they need to pss those fees onto customers – however, they won’t even consider the one easy solution that would virtually eliminate that problem – allowing customers to pick and choose the channels they want, rather than being forced to subscribe to tiers of channels they don’t want in order to get channels they do want.  If customers were allowed to vote with their wallets, a lot of the alleged extortion by content providers would quickly end.  Yet the cable companies fight the very idea of à la carte programming tooth and nail.

As for metered billing for broadband – it’s totally unnecessary and it leaves customers open to possible fraud by the provider (this is sometimes even a problem with utilities where you can physically see the meter, so how much more of a problem will it be when the meter exists only in software, and customers have no possible way to check the accuracy of that meter).

But what I see here is a convergence of a “perfect storm” that’s going to totally reshape communications in the U.S.A. Here are a few, somewhat related points:

  • Many other countries, particularly our competitors in Asia, are providing far higher broadband speeds to their customers, at a lower monthly rate.  Only so much of that can be explained by population density; I think a larger part is that in many of those countries it’s just not socially nor politically acceptable for companies to exhibit unbridled greed, and to gouge their customers for every penny they can get. The U.S.A. simply cannot afford to have its citizens giving up their broadband connections to avoid being gouged.
  • The much-hated Universal Service Fund should be abolished, but instead it’s going to be expanded to include broadband.  However, the possible silver lining is that any time the government doles out money, it gains more control.  If the government used that control in a beneficial manner — by, for example, imposing network neutrality and a prohibition on metered billing on those companies that receive USF subsidies — it could nip some of these gouging attempts in the bud.  That’s not a long-term solution, however, since those regulations can and do change depending on the party in power.
  • It looks like competitive broadband providers are finally going to be allowed to use “white space” (e.g. unoccupied television channels) to provide wireless service.  If the FCC can make sure that smaller providers get a fair shake, this could allow competitive wireless providers to offer broadband service at reasonable rates (note to such providers – PLEASE don’t assume your users will be happy with an upload speed only one-tenth of download speed.  People want to make and share thir own content, and you should allow them to do that without making them die of boredom).
  • Also, when the large cable and DSL companies start gouging their customers, it creates a market for all available competitive services delivered via more traditional means (competitive DSL, current-technology wireless, etc.)
  • Then there is “the ‘x’ factor” (see below).

What do I mean by “the ‘x’ factor”? I mean the new technology that’s not been fully explored yet.  Technology doesn’t stand still, and there may be a breakthrough soon that will cause all existing technologies to essentially become obsolete. Have you ever noticed that the SETI project, and other attempts to “tune in” to advanced civilizations “out there” haven’t met with any success? Maybe that’s because the aliens aren’t using old-fashioned radio waves. Our current forms of electromagnetic radiation are very inefficient and often, very power-hungry. I suspect that the world of quantum physics is going to provide us something much better, if our governments will allow it.

For example, Google “quantum entanglement” – now suppose there were a way to place two particles in a state of entanglement, such that when you change the state of one particle, the other changes instantaneously, withour regard even to the speed of light limitation on traditional electronic communications.  Imagine that you had a box at your ISP, and a companion box at your location, and each box contained two (or more) matched pairs of entangled particles (probably in some kind of plug-in module) – at least one pair of particles for transmitting data, the other for receiving.  These boxes wouldn’t use radio waves or the electromagnetic spectrum, so there would be no bandwidth limitations to worry about.  Furthermore, communications would be totally secure, because only the entangled particles would communicate with each other. That last part is why some governments would hate it – no more intercepting data mid-stream. But if that principle were developed commercially, your ISP could be on the moon for all you’d care, running off solar power and providing communications for half the planet – and if they started gouging their customers, someone else could set up a competing system, anywhere in the world. Maybe you could set one up in your basement, if you wanted to.

Sure, it sounds farfetched now – but so did the whole idea of radio before it was developed. We’re not talking some nebulous idea here, “quantum entanglement” is now a known principle of quantum physics. It’s just so new that either it hasn’t been commercially developed yet (much like the laser in the middle of the 20th century), or it’s being used in secret for totally secure communications, and the governments that are using it would rather you (and their enemies) didn’t know, not that there’s much an enemy could do about it.

My point here is that if today’s communications companies want to be around for the next revolution in technology (which will surely bring about opportunities that haven’t even been considered yet – who could have envisioned the opportunities the World Wide Web would create?), they had better re-think their ideas about alienating their customers. Sadly, American companies are notorious for not thinking ahead – as long as the current C.E.O. gets his golden parachute when he retires, what does he care what happens to the company in the future?  But the stockholders ought to care, and customers ought to care, and the government ought to care if they don’t want America to become a third-rate nation.

It will be interesting to see which companies survive the next few decades, and which ones kill the golden goose to get the immediate big windfall. But if I had to take service from one or the other, I’d rather get it from the one that plans on being around for the next century, and treats their customers accordingly.

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Link to “Interview with the FTC’s Richard Cleland” on new rules for bloggers, and my comments

Quoting from this blog post by Edward Champion:

This morning, the Federal Trade Commission announced that its Guides Concerning the Use of Endorsements and Testimonials would be revised in relation to bloggers. The new guidelines (PDF) specified that bloggers making any representation of a product must disclose the material connections they (the presumed endorsers) share with the advertisers. What this means is that, under the new guidelines, a blogger’s positive review of a product may qualify as an “endorsement” and that keeping a product after a review may qualify as “compensation.”

These guidelines, which will be effective as of December 1, 2009, require all bloggers to disclose any tangible connections. But as someone who reviews books for both print and online, I was struck by the inherent double standard. …

I strongly urge you to read the entire article (Disclosure: I’m not being paid to endorse that article, and I have no connection of any kind to the author).  I can understand why the FTC would want disclosure in some circumstances, but to some degree this strikes me as just plain silly.  On three occasions now I’ve reviewed books after receiving a free review copy of the book from the publisher.  If you read those reviews, you’d note that although I didn’t savagely trash any of the books, I don’t think I went out of my way to offer undeserved glowing praise either.  What I can tell you is that just because I receive a free book does not mean I’m going to bend over backwards to say nice things about it.  I can’t be bought in that manner, but even if I could be bought I certainly wouldn’t sell out my credibility for something with as little intrinsic value as a free book.

To put this in perspective, this sort of strikes me as saying something akin to “every radio station that accepts a free disc from someone in the music industry is guilty of taking payola.”  Of course the FTC doesn’t say that, because that would be ludicrous.  Yet that’s sort of what I feel is being implied here — the idea that a small value item (a free book in this case) would cause someone to pump up a dog of a book just seems ridiculous to me. However, having said that, I don’t object to disclosure per se, but here’s my issue with it:  Let’s suppose I were to buy a book (or DVD or computer game or whatever) and I really liked it and wrote a glowing article about it – would the FTC consider that an “endorsement” and, because I did NOT include a disclosure (since in this hypothetical case, I bought the item with my own money), consider that grounds to begin an investigation?

What I’m getting at here is that you have the classic question, “How will they know?” If a blogger includes a disclosure then presumably all is fine.  But if that blogger feels there is no need for a disclosure because there was no “compensation” received, could that under some unknown set of circumstances trigger an investigation that could seriously impact that blogger’s life (and finances, if he or she has to hire an attorney)? I assume that in some cases the evidence will be more obvious that in others — the blogs that I somewhat derisively refer to as “sunshine pumpers”, because they never have a negative thing to say about any product or service they mention, should probably be a bit worried that they will come under intense FTC scrutiny sooner or later. But what about the rest of us?

I’ll probably take the safe approach and disclose on everything that might even look like an endorsement, unless some other standard develops out in the blogosphere and the FTC seems okay with it.  Even if I just say that I’m not being compensated in any way for the content of a particular article — I may actually choose to actually say that and leave no doubt in anyone’s mind, rather than leave the FTC thinking that I forgot to disclaim and therefore should be fined.

But then again, if it looks like the FTC is clamping down really hard on this and innocent bloggers are being harassed, I probably will just stop blogging.  I can’t afford a potential $11,000 fine for possibly not wording a disclosure in just the manner the FTC might want to see it.

There is a larger issue here, though.  I’ve read a few articles from time to time that indicates that sometimes the major media, or even your local TV station or newspaper, will go out of their way to publish or broadcast any good news that comes their way that may involve one of their advertisers – and at the same time, they may scuttle bad news that potentially may offend a large advertiser (there was a consumer reporter that was fired recently because they reported some negative news about an advertiser, though I don’t recall the details anymore). Unfortunately, I didn’t save any of those links so you’ll either have to take my word for it (or not), or research the subject on your own. Still, I suspect there’s a lot more examples of hidden “compensation” influencing your mainstream news than of it making a huge difference in what bloggers write.  Most bloggers tend to be a fairly independent bunch, and those that aren’t — the aforementioned “sunshine pumpers” — are usually pretty quickly recognized, and thereafter ignored.

So why are bloggers being singled out here? To me this smells to high heaven — it’s almost as though the big corporate media can do no wrong (or the FTC for some reason feels obliged not to mess with them) so they pick on the little guy that probably (in most cases) will innocently violate the rule because he or she doesn’t know any better. Of course, there also the matter of how vigorously the FTC will enforce the law — if they use the same standard they seem to apply to “Do-Not-Call” list violators, where only the largest fish get fried (that is, only those phone spammers with a record of numerous violations), then maybe we have nothing to worry about.  Still, it’s just one more regulation hanging over the head of bloggers, and I’m just concerned that innocent bloggers doing nothing more than using their freedom of speech and freedom of the press (if you consider a blog a form of “the press”) may innocently step on the FTC’s tripwire. Nope, can’t say as I like this much, but for now I’m just going to take a “wait and see” stance and see how this plays out.

EDIT: An article at the Law.com Legal Blog Watch entitled, “The FTC Blog Rules: Overbroad or Overblown?“, seems to indicate that this is not as big an issue as I may have originally thought.  That article gives a very good perspective on the situation. If I am reading correctly, it seems that as long as you disclose that you’ve received a freebie you’re probably okay (but please read the original article, because I’m probably over-simplifying that a bit, and in any case I am not a lawyer so you shouldn’t be looking to me for legal advice). I really don’t object to disclosure as long as as other bloggers are required to do it as well. It only looks bad if one blogger is admitting he gets an occasional freebie, while others are taking free stuff without disclosing it, leading you to believe that maybe they actually went out and purchased the product or book with their own money (and that therefore, their reviews are somehow more “objective”). I think that what the FTC is really wanting to weed out is sites that offer glowing reciews on a quid pro quo basis, where the blogger gets paid (either with money or with free stuff) for writing reviews in which “never is heard a discouraging word.” That is a different situation from a blogger that may accept occasional free stuff but then writes about it honestly.  In some cases it may be hard to tell the difference (particularly if the reviewer genuinely likes a product or book) but hopefully what the FTC will be looking for is patterns — if every product or book is written about as if it’s the greatest thing ever, then one probably should wonder about that blogger’s integrity.

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The Consumerist: Beware Buying Advice From Bloggers On The Take (Commentary)

Image source: Wikimedia Commons

Image source: Wikimedia Commons

The Consumerist has posted an article entitled, Beware Buying Advice From Bloggers On The Take. The gist of the matter is that there is no “code of ethics” for bloggers, and therefore you get all sorts of opinions, some bought and paid for. And that is true, as far as it goes.

I will tell you this much up front. I have accepted freebies in the past, in two categories. One is books — publishers frequently send out review copies of books, and I’m not above reviewing one, once in a while. I did this 25 years ago when I was writing for a computer club newsletter and I’ll still very occasionally do it today. The difference today is I’m a lot more selective – usually I won’t even accept a book unless I think there’s at least some chance it will be interesting or useful to me. Just within the last week, I declined the opportunity to review a book because, frankly, I have a bias against both the company behind the product that is the subject of the book, and against the author of the book, due to (ironically enough) what I considered unethical practices by both.

To my way of thinking, once a book goes out to a reviewer it cannot be resold as new anyway, so why would the publisher want it back? At that point it has minimal value — sure, I suppose that I could resell it as a used book if I were so inclined, but I don’t ever do that. But more to the point, the fact that it’s a free book isn’t sufficient to cause me to write enthusiastic praise about it, particularly if the book is a real dog.

The other category is hardware. In the two cases where I have reviewed a hardware product since starting this blog, I have contacted the distributor of that product because it was something that I was interested in and because I thought the product was something more people should know about. I basically wanted to verify that the product worked as advertised. In one case the product was so interesting to me that what I had intended to be a one-post review turned into a seven-part series, and yet I still reported as honestly as I could on the subject (does anyone who read that series not get that I thought the documentation that came with the unit was deficient?). I didn’t say good things about the unit because I got to keep it after the review; instead I said good things about it because it works well and could solve a problem that many users have (getting VoIP to work through a difficult firewall setup).

The actual reason that I had become interested in that particular product was because I had recently tried (and failed) to help someone get a SIP connection working using a Linksys PAP2 on a connection that had to go through two routers. The double NAT setup just killed the audio in both directions, and the guy I was trying to help wasn’t inclined to spend a lot of time troubleshooting. I got to thinking how nice it would be to have a VoIP adapter available that uses the IAX protocol, which usually works quite well in that sort of situation. The Atcom AG-188N seemed like a good choice, but I didn’t have an immediate need for one, so I thought I’d try requesting a review sample. And when I received it, it was one of those happy situations where the unit actually delivered a lot more than I had expected (even if the documentation left something to be desired).

But would I ever write a bad review of a hardware product I had received for free? Oh, yes, I certainly would. Back in the early days of the TRS-80 computer, I had an early dot matrix printer (to this day I’m embarrassed to say what I paid for that thing – suffice it to say I could probably buy about ten laser printers today for what that underpowered dot-matrix printer cost back then). Anyway, a company that was advertising in one of the computer magazines was selling a device that, when inserted between the computer and the printer, was supposed to provide enhanced page-formatting capability (remember, back then most dot-matrix printers were LINE printers and had no text formatting capabilities whatsoever). I requested a review unit, and had it worked even reasonably well I would have reported that honestly. But frankly, the product sucked. Not only did it not work as advertised, it actually interfered with normal printing!

I reported that as accurately as I could, and advised people to avoid the unit. The manufacturer was very upset with me, to put it mildly, and wrote me a nasty letter demanding I return their product, which I was more than happy to do (who needs a piece of useless electronic junk lying around?), even though I was under no legal obligation to do so (I then wrote a followup article, noting the manufacturer’s petulance). Apparently they thought that by giving me a free unit, I could be bought – and they were wrong. Free or not, it still has to work as advertised.

There are two things I will not do. One is that I will not let someone else write a review for me and publish it in my blog. If and when I use someone else’s words, I clearly identify them (for example, I might include a list of product specifications from the manufacturer’s web site, but I will tell you the source, and usually include a link). The other is that I would never accept any payment to write a review. I guess I don’t consider being allowed to keep an under-$100 product as payment (now, if I were reviewing expensive wide-screen TV’s, that might be a different matter). Again, my reasoning is that once I’ve had the product in my possession, it can no longer be sold as new, and frankly I don’t want the bother and expense of having to ship it back, and I usually wouldn’t have requested it in the first place if I didn’t think it might be useful to me at some point. But think about it – if the only “compensation” I am getting is being allowed to keep the product, and the product is a piece of crap, what possible inducement would I have to say anything good about it?

I know that a few of the major print magazines make it a point to ship review products back to the manufacturer when they are finished with them, but they usually have a lot larger budgets than most bloggers (not to mention an in-house shipping department). But keep in mind that not all reviews you see in a magazine are necessarily the result of in-house testing. Some of them may be “work for hire”, which is to say, articles purchased from independent writers not directly affiliated with the magazine. In those cases, you (and perhaps the magazine publisher) have no way of knowing if the reviewer got to keep the product — or got any other form of compensation (beyond what the magazine paid) for writing the article.

Because the FTC and others are suddenly become concerned about this, I’m probably going to have to add a line to any future reviews, that says something like “Disclosure: The publisher let me keep the book after I was finished reviewing it”, or, “Disclosure: The distributor or manufacturer provided this product for review purposes and is not requiring me to return it” whenever that is the case. I’d suggest that other bloggers who accept books or products for review may want to do the same.

But what you really need to beware of are those bloggers that will publish “ghost written” reviews, or that actually accept money (or other compensation) to write positive reviews. The thing you are trying to detect is the “quid pro quo”, where there is an actual or implied understanding that the blogger will only write a positive review. One possible tipoff is when a review says only good things (nothing is perfect, after all), but on the other hand, keep in mind that it is possible that the reviewer was simply very impressed with the book or product (it does happen — sometimes a product really surprises you). Perhaps a larger clue is if the blog in question seems to deal almost exclusively in reviews and other “PR” type material — or has only one or two posts since creation, and they both just happen to be reviews! Of course, I would hope that (whenever possible) people would seek out multiple reviews before buying a product, and not just depend on a single blog posting.

Anyway, if anyone has a VoIP-related product they want reviewed, my conditions would generally be these: First, I don’t write reviews for hire, so expect an honest evaluation. Second, if the product costs under $100 (retail) and you decide you want it back after the review, I’m probably going to think you’re a little bit chintzy, but you’d best mention that fact up front. Third, in any case, if you want it back you’ll need to provide a prepaid UPS return shipping label (and be aware that I don’t live all that close to a UPS dropoff point, so it might be a little while before you get it back). Fourth, in the future I’ll probably have to add a disclosure line to my reviews, as mentioned above. And fifth, and most important, I don’t have the time or inclination to review anything and everything, so unless it’s something I have a particular interest in (such as a VoIP-related product) don’t be surprised if I decline — I do not want this to turn into a “review blog.”

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Something’s happening here…..

EDIT: It turns out that perhaps, as so often happens, things are not as they first appeared. Rewrite time!

Added Link: BroadbandReports.com has also been covering this issue: FBI VoIP Raid Target Claims Innocence – Says AT&T and Verizon are just using FBI for debt collection

The other day, when I posted my anti-large-corporation screed, I’m sure some of you thought I’d flipped, or had eaten too much tainted peanut butter or something. Well, for those of you who may still have doubts about who is running the country these days, I’ll like to quote something I found (via a Twitter link) in its entirety. This was written by Matthew Simpson, who is the CEO of Core IP Networks, LLC, and comes to us by way of Digg. Unfortunately there is no date on it, but I’m thinking that the events related herein must have happened sometime in the last week:

Matthew Simpson
Core IP Networks LLC

Dear Customers,

Today at 6:00am, the FBI conducted an unwarranted early morning raid of our 2323 Bryan Street Datacenters, on the 7th and 24th floors.

I received a phone call at 6:05am from our NOC that the entire network was powered off. I called Capstar Commercial and TELX, our landlord, and was told that the FBI was in the datacenter with a search and seizure warrant. I asked that the agent in charge call me immediately.

I received a call 15 minutes later from FBI Agent Allyn Lynd. Mr. Lynd would not tell me why he raided our datacenter or what he was looking for. He also accused me of hiding inside my house in Ovilla, Texas. I was actually in Phoenix, Arizona when this happened. I told him that, and he told me that he was “getting the dogs” after me, and hung up on me. I found out from an employee that there were 15 police cars and a SWAT team at my home in Ovilla.

The FBI has seized all equipment belonging to our customers. Many customers went to the data center to try and retrieve their equipment, but were threatened with arrest.

Neither I, nor Core IP are involved in any illegal activities of any kind. The only data that I have received thus far is that the FBI is investigating a company that has purchased services from Core IP in the past. This company does not even colocate with us anywhere, much less 2323 Bryan Street Datacenter.

Currently nearly 50 businesses are completely without access to their email and data. Citizen access to Emergency 911 services are being affected, as Core IP’s primary client base consists of telephone companies.

If you run a datacenter, please be aware that in our great country, the FBI can come into your place of business at any time and take whatever they want, with no reason.

I can be reached for further comment at: mnsclec@gmail.com
Further information will be given as it becomes available.

Yours,
Matthew Simpson
CEO, Core IP Networks, LLC

(Emphasis added)

Yes, this sort of thing is still happening in our country, even though we voted for change. But what does this have to do with large corporations? Well, according to the Digg headline and a couple of Twitter tweets I’ve seen, the thing that kicked off this investigation was that someone leaked a copy of the upcoming Wolverine movie onto the net. I haven’t seen any “official” confirmation of that yet, but that’s the word that seems to be circulating on the ‘net at this point. If CBS 11 news (Dallas/Ft. Worth) has the straight facts (and you will see my comments about how much I think the media can be trusted in a situation like this), it has nothing to do with a leaked movie and everything to do with, and I quote, “alleged massive fraud scheme against AT&T and Verizon.” Read their full report before you continue, and see if it’s clear to you what’s actually happening here.

Now, I want you to stop and let that sink in for a moment. It appears that agents of our government simply came in and took computer equipment, most of which was probably not being used in connection with ANY criminal activity, (Edit: I guess we don’t know at this point how much of it might have been associated with criminal activity), and some of which was being used to provide emergency telephone service, and for what reason? A terrorist threat? Child pornography? Cracking a massive drug smuggling operation?

No, it was apparently because a large movie studio telephone company or two might – MIGHT – have lost some profit because people downloaded an illegal copy of a movie has been defrauded in some way. In other words, this action was not in any way intended to protect the American people. This was to protect a large corporation from possible – not proven, but possible – financial loss. Now, who did I say it was that was responsible for most of the evil in the world today? Wasn’t it the large corporations?

I’m certainly not saying that if such a leak fraud occurred, it wasn’t worthy of a federal investigation. But, there is such as thing as blowing up a house to kill a mouse. This action may or may not ever result in punishment for the actual perpetrators, but it certainly seems to have inconvenienced a lot of people and small businesses that had absolutely nothing to do with this. At what point is the “collateral damage” too great when investigating a crime, especially a crime of financial loss where there was never any threat to life, limb, or national security?

Edit: I’m dropping a couple of paragraphs here that probably weren’t all that relevant, given this new information. The article was already too long and I’m adding new material, so this part had to go.

This is probably yet another reason that companies that run datacenters need offsite backups. Along with risks from fire, floods, severe weather, and other natural and man-made disasters, you now apparently need to worry about law-enforcement officers fishing for evidence of criminal activity, even if that activity has nothing to do with you personally.

But the thing I wonder when reading this is, would they ever go into an AT&T or Verizon switching center and cart off all the computers and telephone switches if they thought those had been used in the commission of a possible crime companies had committed fraud? If they would, then we are all subject to having our phone service interrupted at the whim of the feds. If they would not, then aren’t they just picking on smaller companies that don’t have the legal resources and political connections of a company like AT&T or Verizon? And, since when did our federal government become the “enforcers” for the entertainment industry telecommunications giants anyway?

These are some questions that I think everyone should ponder, especially if you care about our constitutional freedoms (such as that part about “unreasonable search and seizure”) OR you run a small business that depends on computers, OR if you rely on the services of such a business. It may turn out that there’s more to this story than what’s been reported so far, but what we know at this point seems rather scary for those who value freedom.

Edit: Please note that if you go back into the annals of FCC cases and state PUC cases, there are many, MANY instances of allegations of fraud, where some company isn’t paying some amount that some other company thinks it’s owed. AT&T and Verizon aren’t immune from such allegations, either. Usually what happens is that a regulatory body decides who owes money to whom, and tells the company on the short end of the stick to pay up. Sometimes such a company simply runs out of funds, and once in a great while service to their customers gets cut off as a result. But this is the first time I’ve ever heard of a federal law enforcement agency going in and disrupting service for customers over what essentially seems to be a billing dispute, whether or not there is fraud involved. Keep in mind we are talking about cutting off an essential utility service for some users. I’m really glad they didn’t take this approach with Enron – who knows how long people might have been without electricity?

One afterthought – if and when the major news media gets this story, take what they say about it with several grains of salt, especially if they seem to be “blaming the victim.” It’s gotten to the point where most of the major media will just take a press handout from a law enforcement agency and print it as if it were gospel truth (Edit: Actually I don’t think that may be exactly what’s happening here, but the sense I get from the article is that the media doesn’t really have a handle on the situation at all – obviously they don’t understand the strange ways of telephone industry billing. If state and federal regulators have trouble understanding it, how much less can any reporter fathom what’s going on?). If you can’t see the problem with that, then you obviously don’t understand why our founding fathers thought that a free press was so important that they gave it constitutionally-protected status.  Unfortunately the press had abdicated its duty, so today anyone accused of wrongdoing is tried and convicted in the press by computer jockeys (I won’t even dignify them by calling them “reporters”) that don’t know the first thing about true investigative journalism. (Edit: Okay, so I may have been a BIT harsh when I wrote that – it was actually a backhanded reference to something in the paragraphs I deleted – but the fact remains that if the media really wants to understand this, they are going to have to talk to some folks who understand the situation AND who don’t have “a dog in this fight”, so to speak. If they just take the law enforcement handouts and try to make sense of those, they are never going to get to the bottom of what is really happening here).

Final edit: I’m actually amazed at how much of my original article was still applicable in light of the new facts. The bottom line is, we still appear to have federal law enforcement agencies acting as collection agents (or worse) for large corporations. The only fault with my original article was that early reports mis-identified which large corporations might have been the instigators. It’s still a sad day when law enforcement officials would deliberately disrupt service in this manner, no matter what crime they thought had been committed. Even if they thought the servers were stolen property (and I’m not saying that any such allegation was made), they could have still given the innocent companies that use those servers a small window of time to get their data migrated someplace else (at least a couple of business days, I would think). Justice would still have been served.

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Just something I wanted to pass along…

I read some consumer-oriented sites and blogs fairly regularly (if for no other reason than that telecommunications companies have been known to do decidedly consumer-unfriendly things at times, and those sites help me keep track of such abuses), but every now and then they take me down a path that leads to some real pearl of wisdom. And thus it was when I followed a link to a post entitled, The Consumer Overdraft Protection Fair Practices Act Needs Your Support – which is a site that encourages you to “Write your representative today to support Rep. Carolyn Maloney’s bill which will clean up this predatory lending practice that fleeces consumers of billions every year.”  And while that’s certainly a noble cause, and one I hope many folks will get behind, it’s not the thing that caused me to write this post.

Rather, it was a comment (or “signature”) on that page, from one Ani L. Schwartz of Arroyo Seco, NM, which said (in part):

If Consumers are not helped, the whole system will crash harder and faster. It is indeed what Jim Hightower calls “TERMINAL STUPIDITY” for Corporate Powers to kill their markets.Please work to END CORPORATE PERSONHOOD and the “legal person” status of Corporations which allows them to get away with Murder, literally and figuratively.

That was enough to cause me to click on the link associated with Ms. Schwartz’s name, where I found this posted on her “Comment Wall”:

I pledge to speak out to End Corporate Personhood as often as I have the ability & opportunity to do so.  The “legal person” status of Corporate “entities” must be revoked before WE (LIFE) can gain any ground towards HEALING.

In my own view, THIS is “the most pressing issue facing the country today” that I “would make the centerpiece of the address if [I] were President” NOW:

END CORPORATE PERSONHOOD

Ultimately pols & govs must join the People in efforts to free ourselves and our planet from the Chains, Catastrophes & Anti-Life IM-Balances of Corporatism, which are systematically destroying all life, liberty, & PURSUITS OF happiness, health, peace, education, wisdom, creativity, love, spirit, & all the things that really count in life to all living beings.   In order for vital changes to be possible,  the “legal person” status of Corporate “personhoods” must be revoked.   Until this is accomplished, Corporate “entities” will thwart all vital changes because these changes require that these “entities” GIVE BACK to the Universe upon which they depend for their inedible Profits.  

One need not agree with me about what is “the most important issue” in order to sign this pledge.

I’m not entirely sure whether Ms. Schwartz came up with this on her own, or if this is a new Internet meme, or what, but it makes me wonder what is taking so long for people to realize this simple truth:

Back in olden times, following the “great flood” and for at least a few thousand years thereafter, royalty held most of the power. And therefore, most of the oppression of the common folk came at the hands of the Kings and Queens, or whatever the ruling monarchs were called.

Then, for a time, religion held more power than royalty.  The Pope was more powerful than the Prince, and most of the oppression of the common folks came at the hands of religious leaders.

Neither of the previous two forms of oppression have totally gone away, but they are now being overshadowed by a third form of oppression – that is, oppression by large corporations, which operate largely above the law.

The problem is that we give corporations most of the rights and the legal status of an individual.  But when a corporation commits a criminal act, they can’t be punished in the way an individual can.  You can’t jail a corporation.  You can fine a corporation, but because large corporations have so much more in the way of resources than any individual, fines are largely ineffective (and are often thought of as a cost of doing business). Part of the very purpose for the existence of a corporation is to shield any individual from personal liability for the corporation’s actions. So if a corporation does something that causes real people to be injured or killed, it’s extremely rare for any individual to go to jail (and when it does happen, it’s often whichever poor patsy the corporate masters decided to throw under the bus, rather than take any responsibility for their own actions).

I’ve heard it said that the sort of people who would have set up an organized crime syndicate back in Al Capone’s day find it much more convenient today to set up a corporation, and run their scams from underneath a corporate shield.  It’s much more lucrative, and a lot safer for the people involved.  Instead of mobsters with tommy-guns doing the enforcement, now they hire high-priced lawyers.  Corporations sue each other (the upper-crust equivalent of mob warfare) but they also go after common people who don’t bend to their will.  Indeed, certain four-letter organizations that end in “AA” have been compared with organized crime in the way they bring lawsuits against the most defenseless (they seem to pick their victims carefully, although occasionally they do screw up and pick on the wrong person) and then demand the equivalent of “protection money” to stop bothering the party sued.  Since most of the accused don’t have the funds to mount a real legal challenge (they really DO seem to pick their victims carefully), it’s basically a choice between paying the “protection” or losing their financial life.

And I don’t want to pick on just one industry – the problem cuts across many industries. People die because pharmaceutical reps try to get (and too often, succeed in getting) doctors to prescribe the newest and most expensive durgs, rather than the old, tried-and-true drugs that work just as well (if not better), and have fewer toxic side effects.  People can’t afford the more expensive drugs, so they skip doses, or they have life-threatening problems with some side-effect of the newer drug. Now many physicians are forming “professional corporations” to try and limit their personal responsibility to they patients, and of course, virtually all hospitals are incorporated and many are now a part of some large corporate chain of medical facilities. Nowadays almost all hospital bills contain errors (often very significant errors), and they are nearly always in the hospital’s favor, so at a time when you should be worried about getting better you are burdened with the stress of dealing with an uncaring corporate hospital billing department (or worse yet, the collection agency that gets your bill when you can’t pay, which is also a corporation).

I could go on and on, but the point is, today virtually every oppression of ordinary citizens comes either at the hands of some large corporation directly, or because government is acting to protect some large corporate interest(s). Think about it – is there some law that you really hate, that you think should never have been passed? Assuming it wasn’t passed to bring more revenue into, or accrue more power for the government itself, the next most common reason a law is passed is to protect some large industry or corporation. Our governments often act as lackeys for the corporations.

Which brings me back to Ms. Schwartz’s “Comment Wall” – she has the right idea, although that’s only one of many reforms that should be passed – not just as laws, but as constitutional amendments.  I can think of three amendments that would go a long way toward ending most, if not all of the abuses of corporations:

1) All human beings are entitled to the rights accorded by this Constitution to persons, but such rights shall not be extended to non-humans.  The government shall not grant the rights of a person, or convey the legal rights of a person to any corporation or similar entity, or to any entity other than an actual human being.

2) No entity other than a human being, or a group of one or more specific human beings which are individually named, shall be granted ownership of any patent, copyright, or any other form of “intellectual property”, with the sole exception of a trademark.  A corporation or similar entity may own a trademark, but shall not be granted ownership of any other form of intellectual property. Nothing in this amendment shall prohibit the inclusion of intellectual property rights in the estate of a deceased person, provided that such rights may only be passed to other named individuals, and the inclusion of such rights in an estate shall not extend the term of the patent, copyright, or similar form of intellectual property.

3) In any case where a corporation or similar legal entity brings a lawsuit against one or more individual human beings, and does not obtain a judgment against that individual or individuals, the corporation must pay double the attorney fees incurred by the defendant to the attorneys that represented the defendant, and in addition must reimburse the defendant for any costs and lost income incurred by the defendant while defending the case.  If the individual’s life has been significantly altered as a result of the lawsuit, the defendant may petition the court for an additional award to compensate the defendant for any losses incurred. This amendment shall not be applicable in a case where a corporation or similar legal entity has brought a lawsuit against another corporation or similar legal entity.

I’m not a constitutional expert, so my wording might need to be polished a little.  I’d also like to see included prohibitions against undue influence by corporate lobbyists, and the use of “sock puppets” (individuals or non-profit organizations that are compensated in some way to represent the views of a corporation as if they were their own, usually without disclosing the Quid pro Quo), but have no idea how to word that sort of amendment in such a manner that it would not trample individual rights.

I seriously doubt there is any chance I will see any of these amendments passed in my lifetime, but who knows – if enough of these corporate abuses keep occurring, maybe one of these days we will see an anti-corporate backlash turn into a strong enough movement to get some very strong protections against corporate abuses passed into law.

In closing, I want you to think about this:

When our country was founded, we knew about the abuses of kings, and our constitution contains protections against giving any one individual too much power.

When our country was founded, we knew about the abuses of religious leaders, and our constitution contains protections against government unduly influenced by religion.

Neither of the above work perfectly, and they are sometimes ignored by Congress and the courts (to our detriment), but at least they are there.

As time went by, we’ve added other amendments to protect people (most notably forbidding slavery, and enacting civil rights, and giving the vote to all adults regardless of race, gender, etc.).  What we did not seem to realize, when our country was founded, was how powerful large corporations could become, nor how devoid of empathy and human compassion they could be. It is now time to reign in their power and to protect people from the abuses of large corporations, but they (the corporations) will not give it up easily.

Please don’t give the me the old bromide about how corporations are just individuals joined together for a specific purpose – in the first place, there are all sorts of studies that show that people behave much differently in large groups (particularly when they do not feel any individual responsibility for the actions of the group).  Think about suicide jumpers that are sometimes encouraged to jump by onlookers – chances are that if any of those onlookers was the only person there they would not open their mouth, but once one person yells “Jump!”, the crowd takes up the chant. Large groups of people are often devoid of the compassion that individuals would exhibit when alone, and this seems just as true (if not more true) when people think they are simply following the directives of their corporate employer.  And also, don’t forget that the specific purpose for which these individuals join together is to make a profit – in large corporations, everything else is secondary to that, specifically including the health and happiness of the people they deal with, or who deal with them.

I hope you will remember this article the next time you are feeling truly oppressed by forces outside your control – very often, there’s a large corporation (perhaps more than one) somewhere in the background, trying to advance their own financial interests. Even in cases where government is the oppressor, if you dig a bit deeper you’ll find corporations pulling the strings.

Take our drug laws as an example.  The alcohol, tobacco, and pharmaceutical industries all have a vested interest in keeping marijuana illegal – they fear the competition from another drug that’s probably every bit as safe as at least some of the substances they sell. And just so you know, I’ve never smoked pot in my life, not even once – but I still think the current laws against it are ridiculous and protectionist. There is no valid reason anyone should serve a long jail sentence over marijuana usage or possession for personal use – especially when our jails are so overcrowded that truly violent criminals are being released early. I don’t want anyone to use marijuana or tobacco, and I don’t want anyone to drink alcoholic beverages and drive (or drink to excess), and I’d rather not see anyone take dangerous but legal pharmaceuticals just because some corporation managed to get them approved (perhaps by withholding negative tests, and only showing the FDA the ones that didn’t indicate a problem). But only ONE of those substances is illegal, and classed as a felony to even possess – and it’s not the one that makes money for the large corporations!

I won’t even get into the corporate influence on organized religion – but think about what houses of worship were like a century or two ago, and what they are like today (especially the big super-mega-churches that have sprung up in the suburbs). There are large corporations that make huge sums selling goods both to the houses of worship themselves, and directly to the “sheep” – and a lot of that is the books and other literature (and in the modern age, DVD’s and other forms of media) that help shape people’s religious views, starting with Sunday School. I’m just waiting for one of them to start teaching that Jesus drove the moneychangers out of the temple because that space was better suited for a big box store – we’re not quite to that point yet, but I can pretty much guarantee you that the big corporations that publish church literature are not going to say anything negative about large corporations, so if you are involved in an organized religion you might want to give some thought about who is shaping your family’s views on modern life.

If you think there’s any truth in this article, please feel free to link to it. And, of course, you should feel free to comment (even if you disagree with me), as long as you don’t include any links that might make me think you are a spammer (if in doubt – leave the link out).

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Why delaying the date of the DTV transition may be a very bad idea

Reuters (and serveral other sources) are reporting that “A proposed Senate compromise to delay the nationwide switch to digital TV … would postpone the transition date to June 12 from the planned February 17, on worries that consumers are not ready.”

Had this action been taken six months ago, it would not be a problem.  Had it been taken three months ago, there would only have been minor issues.  But folks, it is only three and a half weeks until the scheduled transition date (and by the time any legislation is actually passed, it will probably be somewhere between two and three weeks).

The first point I would make, and which many have already made in various forums, is that anyone who hasn’t gotten the message about the conversion by now probably isn’t ever going to get it.  In the last twelve months I think I’ve seen more ads about the DTV transition than political ads (and remember, last year was an election year).  Anyone who’s ignored the ten gazillion ads they’ve likely seen already isn’t going to suddenly jump out of their La-Z-Boy and decide to do something, just because Congress gives them another four months.

But the bigger problem is that there are going to be a lot of unanticipated consequences if we delay the transition now.  That is because many stations have already started to make preparations for the final transition.  For example, several stations have already cut power to their analog transmitters, so people in fringe areas may not be getting a good signal on those stations in either analog or digital format until after the transition.

For example, WZZM-TV in Grand Rapids has already cut the power on their analog signal on channel 13.  Their temporary digital signal is way up on UHF channel 39.  The plan is that after the transition, they will move their digital signal back to channel 13 with full power.  In the meantime, people in their fringe coverage areas may not be able to receive either their analog or digital signals reliably.

And it’s not just that one station.  When I mentioned this on Twitter this morning, Twitterer @quetwo replied that “WILX, WXYZ, WYSM are all lowering power — WKAR had to turn off analog already.” And that’s just in Michigan, folks.

Here’s another example of why some of us have been waiting for the transition.  The area where we live is sort of in between the GrandRapids/Kalamazoo/Battle Creek market and the Cadillac/Traverse City market.  Depending on which way the antenna is pointed, we can (usually) get a watchable analog signal from either WWMT in Kalamazoo or WWTV in Cadillac, both of which are CBS affiliates.  But WWMT’s transmitter is in the same general direction as most of the transmitters for the other stations we watch, so we tend to stay on that one.  While we get a much clearer picture from their digital signal, the problem is that right now their digital transmitter is on channel 2, which if you know anything about how television waves propagate is the worst possible channel they could be on with regard to interference from and with other stations (especially in the spring of the year).

To compound the problem, there are existing analog transmitters on channel 2 in Detroit, Chicago, and Green Bay, Wisconsin.  So, WWMT cannot run too “hot” with their digital transmitter power, in order not to cause interference with those stations, and at the same time all those other analog stations are causing interference to WWMT’s digital signal.  The result in the outermost parts of their coverage area is complete dropouts in picture and sound, which can last as long as a half minute, or longer.

Now, the post transition plan is this:  WOOD-TV in Grand Rapids, which has their analog transmitter on channel 8 and their digital transmitter on channel 7, is going to stay on channel 7 post transition.  That means that channel 8 opens up and WWMT is going to move their digital transmitter to that frequency.  ANY channel above the FM radio band (which is between channels 6 and 7) is far less susceptible to co-channel interference from distant transmitters in the first place, but also there are far fewer sources of potential interference on channel 8.  So we would likely get a far better signal from WWMT in two ways:  First, the aforementioned reduced interference, and second, they could increase their power and not have to worry as much about stepping on another station’s signal.

And my point is, if you bought a converter box or a digital-ready television and are getting marginal signals on some of the weaker/more distant  stations, reception may very likely improve for you after the transition. Don’t fall victim to those highly deceptive cable or satellite ads that imply that you must subscribe to their service to continue to watch television – at worst, you might have to get rid of that old antenna that your father (or grandfather) put on the roof back at the dawn of television, and get a decent antenna (but DON’T look for one that says “digital” or “DTV” on the box – that’s just marketing hype.  Any TV antenna with similar specifications works equally well for analog or digital signals, even if it doesn’t say a word about DTV on the box.  Oh, and it doesn’t have to say “color” for you to pick up color television signals, either!). In a fringe area you will need a larger antenna than if you are closer to the transmitters, but you can go to a site like TV Fool to help determine just what type of antenna you really need.

My only concern is that if Congress delays the DTV transition now, a lot of us who’ve already prepared for the transition are going to have four more months of marginal signals on both analog and digital channels, especially when watching those stations that have already started to decommission their analog equipment.  If you share similar concerns, you may want to call your U.S. Senators and your U.S. Representative first thing Monday morning.  Let’s not put this off any longer just because some people have refused to prepare for the transition (and probably still won’t, until the signal on their analog TV turns to snow).

Besides, do you really want to be bombarded with four more months of those damn DTV conversion commercials and PSA’s?

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Fourwinds10.com: Corporations are getting rich using federal prisoners as captive labor pools

Oh, and in case you think this is a good idea, consider that they may be taking your job. You think that your job has gone to Mexico or China? Maybe not… maybe it’s still being done by Americans, who would by almost any definition be living in slave conditions. Of course, federal prisoners lose most of their civil rights. Ever wonder why there’s such a pervasive push to make more and more common activities illegal?

Just a few excerpts here, but you really should read the entire article:

Just across the street from the hospital complex is a camp for minimum-security women prisoners who are not ill. They get most of the hot, hard jobs — cleaning boilers, welding, mowing. The pay is a lousy 12 cents an hour with no raises. That’s why a job that many on the outside would take only as a last resort is the most coveted in the compound: Ernestine the telephone operator.

So when you call directory assistance using, say, Excel Telecommunications, chances are good your inquiry might be answered by a federal prisoner. At Carswell, a fifth of the prison workforce — most from the camp but a few from the hospital as well — get to sit in cubicles in an air-conditioned building, start at almost double the pay of the regular prison jobs, and, if they behave and don’t make mistakes, get regular raises until they reach the maximum pay of — hold onto your hat — $1.45 an hour. Of course, they have to work seven and a half years to reach that maximum. And since this center hasn’t been open long enough for anyone to make the maximum, the highest pay at Carswell is $1.15 an hour.

With toothpaste at $5.95 in the prison commissary, inmates who take those calls for Excel have to work between five and 25 hours to earn enough for one tube. But by comparison, they’re lucky: Women who work at other prison jobs have to sweat out 49 hours for the luxury of brushing their teeth.

The math on the other end is even simpler, if grander in scale: Excel, a $2.5 billion global company, comes out the clear winner. If the 19-year-old Irving-based long-distance carrier had to pay no more than minimum wage to non-prison U.S. workers to field calls from its worldwide network, it would cost the company $900 a month per worker, plus benefits and payments to Social Security. The 370 prison workers in Excel’s call center at Carswell make $180 a month at most, with no benefits.

Remember, were it not for the use of forced labor, these corporations would have to pay at least minimum wage. And now the Michigan connection:

….. In 2000, Rep. [Pete] Hoekstra [from Holland, Michigan], chairman of the House subcommittee on education and the workforce, opened an investigation into the “racket” that Corum had witnessed, albeit a small part of it. The FPI “has been taking tens of thousands of items in excess federal government equipment, especially computer equipment, and using them to fuel an entry of unknown scope into the commercial marketplace,” he said at the opening of the subsequent hearing. In other words, they were selling used government equipment, improperly and in huge quantities.

According to Hoekstra’s office and transcripts of the hearings, Unicor acquired the computers through a process that allows federal agencies that are replacing equipment to pass along outdated but still operable items for use by other agencies. If other federal agencies don’t need the hand-me-downs, the equipment is supposed to be dispersed, free, to nonprofit groups, schools, or state governments. It is never supposed to be sold.

In this case the computers were destined to be sent to poor school districts under a presidential order of Bill Clinton. Somehow, FPI got to them first, hauled them out of the warehouses, and began a huge, illegal, garage sale, Hoekstra said. He noted that at the time the U.S. Department of Justice was conducting a criminal investigation of Unicor. “It is high time,” he said. “FPI has been out of control for years, exceeding its statutory authority and running wild through the marketplace without any Congressional … authority.”

The above small excerpts are really just to whet your appetite and hopefully induce you to go read the entire article. The basic idea of training prisoners so that they will have a marketable skill once released is not necessarily a bad one, but there is a not-so-fine line between job training and exploitation, and I would hope that after reading this article, most people would agree that line has been crossed. It’s all the more noxious when you realize that criminals from wealthy backgrounds, that can afford good lawyers, often get treated much differently (ever hear of “Club Fed”?). But I know that some readers will not be moved by any appeal that even prisoners should have humane treatment, so I will again note that this scheme may be taking away real jobs that are badly needed in these hard economic times.

Human rights activists have complained, probably with justification, that the Chinese government incarcerates people and then uses them as slave labor. So, it’s quite shocking to read a story like this coming out of the U.S.A. So much for the “Land of the Free” and that pesky old Constitution.

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