Author Archives: Michael Froomkin

Anti-DRM T-Shirts

Here's a chance to vote for your favorite Anti-DRM T-Shirt Design.

Posted in Law: Copyright and DMCA | 2 Comments

Wyoming Law on Appointment of Senators

Recently re-elected Senator Craig Thomas has died.

Here, for the ghoulishly curious, is the relevant part W.S. § 22-18-111, the relevant Wyoming law on how a vacant Senate seat gets filled:

(i) If a vacancy occurs in the office of United States senator or in any state office other than the office of justice of the supreme court and the office of district court judge, the governor shall immediately notify in writing the chairman of the state central committee of the political party which the last incumbent represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall call a meeting of the state central committee to be held not later than fifteen (15) days after he receives notice of the vacancy. At the meeting the state central committee shall select and transmit to the governor the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the governor shall fill the vacancy by temporary appointment of one (1) of the three (3) to hold the office.

So the state GOP proposes three names, the (Democratic) Governor picks one.

However, if I read the following correctly, the appointed Senator serves only until a special election (held at the next general election) to determine who will fill out the rest of the term:

Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor to serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January.

Congressional representatives have their own statute. I presume the next general election is November 2008, but invite correction if there is one earlier.

Posted in Law: Everything Else | 2 Comments

Super-Snark

FDL indulges in some super-snark regarding the WSJ sale at Blue Monday at the WSJ:

meeting with Rupert Murdoch to discuss journalistic integrity strikes me as kind of like meeting with the polio virus to talk about Dr. Salk

Posted in The Media | Comments Off on Super-Snark

Torture Harms the Torturer Too

The Tortured Lives of Interrogators – washingtonpost.com

“I tortured people,” said Lagouranis, 37, who was a military intelligence specialist in Iraq from January 2004 until January 2005. “You have to twist your mind up so much to justify doing that.”

Being an interrogator, Lagouranis discovered, can be torture.

I think the most compelling arguments against torture are its fundamental immorality, what it does to this country;s moral standing, what it does to this country's legal standing, and that it doesn't work real well, in that order. But I'm willing to add what it does to the torturers to the end of the list.

They could, after all refuse, costly as it would be to them personally. And, indeed, some do:

Lagouranis's tools included stress positions, a staged execution and hypothermia so extreme the detainees' lips turned purple. He has written an account of his experiences in a book, “Fear Up Harsh,” which has been read by the Pentagon and will be published this week. Stephen Lewis, an interrogator who was deployed with Lagouranis, confirmed the account, and Staff Sgt. Shawn Campbell, who was Lagouranis's team leader and direct supervisor, said Lagouranis's assertions were “as true as true can get. It's all verifiable.” John Sifton, a senior researcher for Human Rights Watch, said the group investigated many of Lagouranis's claims about abuses and independently corroborated them.

“At every point, there was part of me resisting, part of me enjoying,” Lagouranis said. “Using dogs on someone, there was a tingling throughout my body. If you saw the reaction in the prisoner, it's thrilling.”

In Mosul, he took detainees outside the prison gate to a metal shipping container they called “the disco,” with blaring music and lights. Before and after questioning, military police officers stripped them and checked for injuries, noting cuts and bumps “like a car inspection at a parking garage.” Once a week, an Iraqi councilman and an American colonel visited. “We had to hide the tortured guys,” Lagouranis said.

Then a soldier's aunt sent over several copies of Viktor E. Frankel's Holocaust memoir, “Man's Search for Meaning.” Lagouranis found himself trying to pick up tips from the Nazis. He realized he had gone too far.

At that point, Lagouranis said, he moderated his techniques and submitted sworn statements to supervisors concerning prisoner abuse.

The Post's article has lots more, not all of it unambiguous, and is worth reading in full.

Posted in Torture | 2 Comments

Zimmer On Google’s Purchase of Feedburner

If you aren't reading Dr. Michael Zimmer's thoughts “on the intersections of technology & values, privacy & surveillance, the Web & new media, culture & communication,” then you are missing out.

He's become one of the most reliably thoughtful voices in my newsreader.

Today's offering — just a routinely aha! comment — concerns Google & FeedBurner:

I haven't had a chance to think long and hard yet about Google's recent decision to acquire FeedBurner, and I'm sure most reactions will center on how this provides Google yet another medium to deliver contextual ads.

But my first reaction was slightly different:

What FeedBurner seems to provide Google — as much as an advertising medium — is an automatic feed of new Web content and an instant mapping of the all important links between pages. Now, instead of Google needing to rely on the efficiency of its crawlers to find these new blog posts, they will be delivered right to Google's front door every time we ping http://ping.feedburner.com.

I think this must be right. More generally, as one of the first adopters of feedburner, I have mixed feelings about this acquisition. I'm happy that the founders are being rewarded, I'm glad feedburner's long-term stability is assured, but I'm beginning to feel that there's going to be Google in everything I touch online.

PS. Congratulations on the new Ph.D, Dr. Zimmer.

Posted in Internet | 3 Comments

Senator Bill Nelson Votes for Torture

Senator Bill Nelson Votes for Torture.

Or, as the NYT put it,

The Senate Intelligence Committee on Thursday questioned the continuing value of the Central Intelligence Agency’s secret interrogation program for terrorism suspects, suggesting that international condemnation and the obstacles it has created to criminal prosecution may outweigh its worth in gathering information.

The committee rejected by one vote a Democratic proposal that would essentially have cut money for the program by banning harsh interrogation techniques except in dire emergencies, a committee report revealed.

And that one vote was Florida's own Bill Nelson.

In a closed session on May 23, two Democrats, Senators Sheldon Whitehouse of Rhode Island and Dianne Feinstein of California, proposed barring spending on interrogation techniques that go beyond the Army Field Manual, which bans physical pressure or pain. Under their proposal, the only exception would have been when the president determined “that an individual has information about a specific and imminent threat.”.

The amendment failed when Senator Bill Nelson, Democrat of Florida, joined all the Republicans in voting no.

All Floridians should be ashamed of Sen. Bill Nelson, who provided the deciding vote to prevent the Senate from taking a stand against torture.

He has sunk to the level of Sen. Martinez, which is pretty low indeed.

There is no excuse for this sort of vote. None.

Posted in Torture | 7 Comments