Author Archives: Michael Froomkin

‘Rudy is Nuts’ Story Gaining Traction

Vanity Fair does Crazy for Rudy.

No, that is wrong: virtually every Full Rudy veteran expects the implosion to happen any second. It's in some bizarro parallel reality that the Rudy campaign achieves verisimilitude and even—strange, too, when you consider the cronies and hacks who surround him—appears, at times, adept.

It's a Catch-22 kind of nuttiness. What with all his personal issues—the children; the women; the former wives; Kerik and the Mob; his history of interminable, bitter, asinine hissy fits; the look in his eye; and, now, Judi!, his current, prospective, not-ready-for-prime-time First Lady—he'd have to be nuts to think he could successfully run for president. But nutty people don't run for president—certainly they don't get far if they do.

And, speaking of banana republics, there was Rudy's extra-legal plan to set aside the 2001 mayoral election (after his term limit had been reached, so he couldn't run again) and, by legislative acclamation (thwarted only at the last minute), extend his term.

Still, say what you want, Rudy's fearlessness or kookiness does break through the political clutter and leave a powerful impression—that may be the biggest part of the political job.

The wives: if Rudy's marital history isn't crazy, it's surely way over the line of middle-class domestic political norms. You can't marry your second cousin (Regina Peruggi, now president of Kingsborough Community College) and, on top of that, annul the deal, as though this were the 18th century. You can't, in a public snit, break up with your wife in a news conference (provoking that wife, Donna Hanover, to call a counter–news conference where she suggested he was a public liar and adulterer). You can't carry on, as we used to say, in front of everybody, not without some major contrition—not if you want a political future.

Or can you?

The bit about the Mayoral election is why I think the man is a dangerous figure, one without the fundamental small-d democratic DNA we desperately need in our leaders. Romney, Hagel, even Huckabee would be far less likely to do something really really weird to us.

Of course, that's not what the media are going to focus on. Nor the keeping his mistress on the city payroll (Wolfowitz, anyone?). No, they're getting all worked up about that story about Rudy and the Ferret.

Rudy_Giuliani.jpg ferret.jpg

Posted in Politics: US: 2008 Elections | 1 Comment

What a Movement Looks Like

Wired has some great photos of the ways in which regular folks engaged in AACS civil disobedience: Photoshop Rebels Rip Great HD DVD Clampdown.

Posted in Cryptography, Law: Copyright and DMCA | Comments Off on What a Movement Looks Like

NYT Does AACS Code

Was the previous post too cryptic? The NYT explains everything at In Web Uproar, Antipiracy Code Spreads Wildly.

Posted in Cryptography | Comments Off on NYT Does AACS Code

Recommended Links

This is a great song. And these are some of the best riddles on the Internet.

Incidentally, I also quite enjoyed this article on the BBC web site.

Posted in Law: Copyright and DMCA | 1 Comment

The Battle to Control Barack Obama’s Myspace

When the campaign decided to do a hostile takeover of the all-volunteer Barack Obama MySpace page, the guy who set it up and got 150,000 friends (many sent over by the campaign), asked for $40,000 and a commission on future MySpace ads. It seems the campaign didn't counter-offer, it just got MySpace to give them control of the page address (but not its content or friends list). And now the campaign has to rebuild the list from scratch.

Jerome Armstrong writes Obama blows into MySpace. Here's the Barack Obama blog's discussion of the “new and improved” Obama MySpace page. And the Kossacks weigh in.

While not all the facts are clear, one obvious divide in all this is what the 'sweat equity' in building up a volunteer site based on a candidate's name is worth. Some say zero — the candidate has the moral and maybe legal rights to the use of his name (the law isn't so clear here, however. so long as there is no misrepresentation nor profiting going on, the use may be perfectly legal.) Others say that the failure to treat volunteers with the same consideration as media consultants when the volunteers deliver better goods is a sign of being behind the times.

If $40K was too much for a campaign with millions in the bank, a really smart candidate operation would have counter-offered a few bucks and dinner with the candidate…

Posted in Politics: US: 2008 Elections | 8 Comments

The ‘Unitary Executive’ Theory of Presidential Royalism Reappears to Justify Warantless Wiretapping (Purely Theoretical of Course)

Buried deep in today's print edition, nowhere to be found on the front of the web page, is this little jem gem from the New York Times: Administration Pulls Back on Surveillance Agreement:

Senior Bush administration officials told Congress on Tuesday that they could not pledge that the administration would continue to seek warrants from a secret court for a domestic wiretapping program, as it agreed to do in January.

Rather, they argued that the president had the constitutional authority to decide for himself whether to conduct surveillance without warrants.

During a hearing Tuesday of the Senate Intelligence Committee, Mr. McConnell was asked by Senator Russ Feingold, Democrat of Wisconsin, whether he could promise that the administration would no longer sidestep the court when seeking warrants.

“Sir, the president’s authority under Article II is in the Constitution,” Mr. McConnell said. “So if the president chose to exercise Article II authority, that would be the president’s call.”

So I guess the previous promise is now inoperative?

It seems to me that when confronted by this kind of aggressive nonsense, a wise Senator would at least extract a promise from the bureaucrat testifying that he'd resign if it ever happened. That should, at minimum, figure in the confirmation hearings of every Justice Department official from now on.

And we may be having a number of those hearings.

Recall that at the heart of all this is the far-far-right claim that the Constitution gives the President the powers of a King. It's really as extreme as that. I wrote an article about this a long time ago, The Imperial Presidency's New Vestments, 88 Nw. L. Rev. 1346 (1994), if you want to know more.

Posted in Law: Constitutional Law | 1 Comment