Author Archives: Michael Froomkin

First Amendment Anyone?

It seems that if you curse at the acting President who is doing a media circus near your destroyed Louisiana home, you get this treatment:

As they were salvaging a few things from Marble’s home, two military police waving M-16’s showed up and said they were looking for someone who fit Marble’s description who had cursed at Cheney.

“I told them I was probably the person they were looking for, and so they put me in handcuffs and ‘detained’ me for about 20 minutes or so,” Marble wrote. “My right thumb went numb because the cuffs were on so tight, but they were fairly courteous and eventually released me after getting all my contact info. They said I had NOT broken any laws so I was free to go.”

So let’s get this straight: A physician with a newborn baby loses most everything he owns in the hurricane, does what most of us WANT to do and “echoes” Cheney’s words he spoke on the Senate floor last year, walks away harmlessly, mission accomplished, and then once the media cameras leave, he is treated like a foreign terrorist as Cheney’s goons waving M-16s handcuff him in front of his destroyed home?

Bottom line: in a really totalitarian country, they lock you up in an asylum for this, drug you, throw away the key. We just handcuff you and try to intimidate you a little. So we’ve still got a way to go. But it’s another little tiny step towards authoritarianism, at least. (“It is
seldom that any freedom is lost all at once.” – Hume)

I can see why the secret service might want to interview anyone who shouts obscenities at someone they have to protect; who knows, maybe the next step is a brick, or worse. That part doesn’t bother me at all. But I don’t get the handcuffs for exercising your First Amendment rights. Not at all.

Related post, sadly prescient: America Needs You, Harry Truman.

Posted in Civil Liberties | 3 Comments

Superb Anti-Trusted Computing Video

A movie about Trusted Computing is a superb bit of cinematic agitprop, at least for those of us already concerned about so-called Trusted Computing.

I just wish they had explained a bit more how people will be impacted, it might have done a better job of explaining to people why they should care. (You should care because it will keep you from doing many useful legal things you might want to do with your computer and other electronic equipment.)

Posted in Law: Copyright and DMCA | 1 Comment

America’s Battered Wife Syndrome

From 12thharmonic Blog, America’s Battered Wife Syndrome. (thanks, SAC)

Posted in Politics: US | Comments Off on America’s Battered Wife Syndrome

Just in Case You Were Worried We’d Run Out of Hurricane Names

Here we are up to “O” and the hurricane season still has a lot of punch left in it. Plus the official list only uses 21 letters in the alphabet: Q, U, X, Y and Z are left out — why no Zelda nor Zeke? So we only have six names left for this year (Philippe, Rita, Stan, Tammy, Vince, Wilma — watch out for Tammy). But fear not!

In the event that more than 21 named tropical cyclones occur in the Atlantic basin in a season, additional storms will take names from the Greek alphabet: Alpha, Beta, Gamma, Delta, and so on.

One of my colleagues suggested the other day that instead of boring Greek letters, they should go for double letters: Aaron, Bebe, Cece, Dede, Fifi and so on. I mean, who wants to be flattened by hurricane Beta?

Posted in Science/Medicine | 2 Comments

DeFede Won’t Be Prosecuted

Via Southern District of Florida: No charges for DeFede, I learn that “it is now official — the State won’t charge Jim DeFede for taping Art Teele’s last phone conversation.” Assistant State Attorney Joseph Centorino, chief of the public corruption unit, went out of his way, however, to say this was an exercise of prosecutorial discretion on the grounds that no one had been hurt, and DeFede both had good intentions and was cooperative afterwards:

However, it would be incorrect for anyone to assume from this result that Mr. DeFede’s actions, in tape recording a conversation without consent, were appropriate or justified. They were not. . . . It is the uniqueness of the tragic circumstances surrounding the death of Arthur Teele, and his last conversation with a trusted friend, which has led to the conclusion not to prosecute, rather any special journalistic privilege or legal exception accorded to Mr. DeFede.

(Not mentioned is that prosecutors are sometimes a bit shy of tangling with popular sympathetic journalists.) Although this doesn’t prove that DeFede’s actions were illegal, I think it supports my position in my debate with David Oscar Markus.

But the Herald remains adamant that DeFede is not getting his job back, more fools they.

Posted in Law: Criminal Law, Miami | Comments Off on DeFede Won’t Be Prosecuted

The “CBL” Has Blacklisted U.Miami?

Several students have told me that they’ve tried to email me at U.M. but the mail has bounced. At first I was skeptical, since I’m getting email, but one student was kind enough to send me headers, which led me to this CBL Lookup Utility. The CBL is a self-styled “composite blocking list”. They do provide a form for removal, but as I’m not the owner of the machine that has the blocked IP number — it’s upstream from me — I’m not about to try to fill it out.

I reported this to the help desk and they’re “working on it”.

Meanwhile, if mail to me bounces, there is a rarely-used backup: myforename.mysurname@gmail.com (be sure to replace myforename with michael and mysurname with froomkin). I’ll try to check there occasionally.

Posted in Discourse.net | Comments Off on The “CBL” Has Blacklisted U.Miami?