Author Archives: Michael Froomkin

Not Your Number One Draft Choice (Or, the 83rd percentile President)

Must-read DeLong, If You Said to Me, Name 25 Million People Who Would Maybe Be President… He Wouldn't Have Been in That Category (quoting an amazing interview with Carlyle Group founder David Rubenstein). Brad then adds his comments:

Never yet has a grownup looked me in the eye and said, “George W. Bush is qualified to be President of the United States.” The most anyone has ever done is to say (around the time of the inauguration), “Look, Brad, he'll be Queen Elizabeth; Colin Powell will be Tony Blair and Paul O'Neill will be Gordon Brown. There are lots of Head-of-State things that George W. Bush will do really well, and the government will be in good hands.” But I don't think any grownup would say that or anything like that now.

Which just shows you that Berkeley is special. I suspect that many people in this community probably think Bush is just fine for the job. Some national religious leaders, after all, have said they think that his 5-4 election in the face of both contrary precedent and a contrary popular vote was a sign of divine providence. Others predict a divinely-ordained Bush victory in 2004. These views don't exist in a total vacuum.

I bet it's nice in Berkeley this time of year.

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Posted in Politics: US: 2004 Election | 5 Comments

Something Funny at MS-NBC?

This is odd. When I point Firefox at MS-NBC, I get this:

Network Error
Unable to read URL from host msnbc.msn.com: Not in GZIP format

But if I try to visit the site with IE6, it comes up just fine.

And yes, I tried it several times.

Is this a Firefox problem, a very very unlikely coincidence, or is MS-NBC blocking a non-MS browser.

Update: I only have this problem on the win98se machine, not on the win XP machine, which suggests it's something local. But it's very odd.

Posted in Internet | 3 Comments

25GB ‘Paper’ Disk Invented

Even if the slashdot headline was slightly misleading, an optical disc made 51% of paper is still pretty impressive:

TOPPAN PRINTING CO., LTD (TSE: 7911) and Sony Corporation (TSE: 6758) today announce the successful development of a 25GB paper disc based on Blu-ray Disc technology. Details will be announced at the Optical Data Storage 2004 conference to be held from April 18th to April 21st at Monterey, California.

Using the disc-structure of Blu-ray Disc technology, the new paper disc has a total weight that is 51% paper.

Posted in Sufficiently Advanced Technology | 4 Comments

Idle Question About Pre-9/11 Briefings

The papers and pundits are abuzz about the revalation that our CIA Director met with GW Bush at most twice in August of 2001, including only one meeting while Bush was on his extended vacation in Crawford, TX. Leaving aside the issue of whether other forms of communication might have worked — did they ever speak by phone? — here's the real question I wish someone would ask:

How often did DCIA George Tenet meet with Dick Cheney during that period?

After all, it seems increasingly and unavoidably clear that GW Bush is not in charge:

Q. Mr. President, Why are you and the vice president insisting on appearing together before the 9/11 commission? And Mr. President, who will you be handing the Iraqi government over to on June 30?

A. We'll find that out soon. That's what Mr. Brahimi is doing. He's figuring out the nature of the entity we'll be handing sovereignty over. And secondly, because the the 9/11 commission wants to ask us questions. That's why we're meeting, and I look forward to meeting with them and answering their questions.

Q. Mr. President, I was asking why you're appearing together rather than separately, which was their request.

A. Because it's a good chance for both of us to answer questions that the 9/11 commission is looking forward to asking us, and I'm looking forward to answering them.

Let's see. Hold on for a minute. Oh — I've got some must calls, I'm sorry.

Posted in 9/11 & Aftermath | Comments Off on Idle Question About Pre-9/11 Briefings

Ed Felton Explains the DRM Designer’s Mindset

Ed Felton has been peering into the mindset of the DRM designer. And what he sees is wheels missing a few cogs:

Freedom to Tinker: A Perfectly Compatible Form of Incompatibility: The whole point of DRM technology is to prevent people from moving music usefully from point A to point B, at least sometimes. To make DRM work, you have to ensure that not just anybody can build a music player — otherwise people will build players that don't obey the DRM restrictions you want to connect to the content. DRM, in other words, strives to create incompatibility between the approved devices and uses, and the unapproved ones. Incompatibility isn't an unfortunate side-effect of deficient DRM systems — it's the goal of DRM.

A perfectly compatible, perfectly transparent DRM system is a logical impossibility.

The idea is so odd that it's worth stopping for a minute to try to understand the mindset that led to it. And here [Leonardo] Chiariglione's [the creator of the MP3 music format and formerly head of the Secure Digital Music Initiative] comments on MP3 are revealing:

[Scientific American interviewer]: Wasn't it clear from the beginning that MP3 would be used to distribute music illegally?

[Chiariglione]: When we approved the standard in 1992 no one thought about piracy. PCs were not powerful enough to decode MP3, and internet connections were few and slow. The scenario that most had in mind was that companies would use MP3 to store music in big, powerful servers and broadcast it. It wasn't until the late ’90s that PCs, the Web and then peer-to-peer created a completely different context. We were probably naïve, but we didn't expect that it would happen so fast.

The attitude of MP3's designers, in other words, was that music technology is the exclusive domain of the music industry. They didn't seem to realize that customers would get their own technology, and that customers would decide for themselves what technology to build and how to use it. The compatible-DRM agenda is predicated on the same logical mistake, of thinking that technology is the province of a small group that can gather in a room somewhere to decide what the future will be like. That attitude is as naive now as it was in the early days of MP3.

Alas, what Ed leaves out is the attitude of the folks who hire DRM designers. They may know perfectly well that other machines can be built to defeat their systems. But they are prepared to make it all illegal (pace DMCA), and use the courts and the cops to spread fear and generally decrease respect for the legal system as it tries to hold back the tide.

Posted in Law: Copyright and DMCA | 1 Comment

Capt. Yee Wins on Appeal

The case of Capt. Yee came to an official end this week when the remaining (minor) charges against him got reversed on appeal.

Convictions Dropped for Muslim Chaplain at Guantánamo Bay: An Army general on Wednesday dismissed the convictions in the case of a Muslim chaplain who was initially suspected of espionage at the Guantánamo Bay prison for terror suspects but was found guilty only on lesser charges of adultery and downloading pornography.

The appellate decision by Gen. James Hill, the Army Southern Command chief who oversees military operations at Guantánamo, wiped the slate clean for Capt. James J. Yee, who ministered for 10 months to foreign terrorism detainees at the United States naval base in Guantánamo Bay, Cuba.

“This means there will be no official mention of it in his military record,” General Hill said.

The decision ended what one of Captain Yee's lawyers, Eugene Fidell, called a “hoax” case.

The case had started to smell pretty bad since shortly after it was filed. Heads should roll over this one. But they won't. Meanwhile Yee's marriage, his career, his life, are all badly hurt, even if there's nothing official in his file.

Posted in Guantanamo, Law: Everything Else | 1 Comment