Tales of the Sausage Factory:
Censorship — Ur Doin It Wrong. And That's Why A Mandatory Filiter For AWS-3 is a BAD IDEA!

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I am, of course, the last person in the world to tell other people what they should or shouldn’t advocate for and how they should or shouldn’t filter themselves. Thus, I have no quarrel with the decision of the American Family Association and how they choose to display the news (provided they comply with all relevant laws pertaining to copyright, defamation, etc.) True, I most vehemently disagree with their choice of “pro-family” agenda. I personally think families will benefit more from resolving the pay gap, better laws on paternity leave, and family friendly work policies than focusing on the behavior of consenting adults. But hey, that’s what the First Amendment is all about, so we can have these debates.

So the fact that AFA apparently thinks “gay” is too nice a word and has its news reader automatically replace it with the word “homosexual” does not raise any issues for me — I’m even willing to defend this as a fair use alteration of the text for political speech. But as the good folks at People for the American Way noted (and captured on their own website — ain’t the First Amendment grand?) it can have some humorous and unintended consequences. In this case, the accidental “furtherance of the homosexual agenda” by substituting the word “homosexual” for the proper last name “Gay,” which is a problem now that “Tyson Homosexual” is breaking speed records. Man, I always knew Homosexual could run the distance! What champion.

This would merely be an amusing little anecdote were it not for the fact that the FCC has proposed mandatory network-based indecency filtering as part of the AWS-3/M2Z proposal now out for public comment. For those just tuning in, this is the proposal to create a the equivalent of a free wireless DSL line supported by advertising and a premium service the FCC has out on public notice (comments due July 9).

I promise to try to get a much longer post out on the AWS-3 proposal, but let me focus for a minute on the mandatory filtering (which is not mentioned in the text of the FCC Notice, you have to actually read through the rules). As we can see from this relatively harmless example, filtering is a blunt instrument that often does more harm than good. Even with the increase in computational power from Moore’s Law, blah, blah, no automated filtering system can even come close to making the sort of contextualized judgments of what constitutes indecency that the Constitution demands. Heck, even human beings can’t agree on what makes something indecent and what makes it art. Whenever social networking sites or search engines or whatever get pressured into breaking out the broom in the name of the children, it invariably wipes out cancer support groups, rape survivor groups, and a bunch of unrelated stuff like chess.

And the FCC wants to require that the free network, accessible to every American, will also judge whether a future headline such as “Gay Doping?” is a discussion of a possible Olympic sports scandal or an advertisement for a same-sex rave?

I can laugh about the American Family Association and their personal filter follies that harm no one but those who chose to use their news service. But I shudder to think this may be the fate of our national broadband safety net.

Stay tuned . . . .

My Thoughts Exactly:
Contrary to Wes Clark, I DO believe that getting shot down in an airplane does qualify one to be President of the United States

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I don’t watch TV, but even I know that Retired General Wesley Clark farted very loudly in the Church of St. John McBush McSame McCain two days ago when he opined that

“I don’t think riding in a fighter plane and getting shot down is a qualification to be president.”

Au contraire, General Clark!

Heck, George Bush the first got shot down TWICE, and he was president, wasn’t he? JFK didn’t get shot down in a plane, but he got shot down in a boat, which is close enough. Jimmy Carter served in a submarine, which is a boat which gets sunk on purpose, Ronald Reagan acted like his horse had been shot out from underneath him, George W. Bush got grounded by the Texas Air National Guard for being a drunk coke-head, and Bill Clinton had Monica Lewinsky go down on *him*! I trust you see the pattern here.

By contrast, John Kerry’s Swift Boat Did not get sunk, which proves pretty conclusively, I think, that he was unqualified to be President (although I won’t go so far as to say he was a coward and traitor–let the reader form his or her own opinion, sez I). Digby, that hard-hearted commentator, is actually making fun of the whiney-ass titty-babies of the McCain camp and their perpetual hand-job crew in the so-called national so-called media for the little fainting spell they’re having over Wes Clark’s (horribly incorrect but nevertheless not incivil or disrespectful) opinion about the good senator’s unfortunate encounter with a heat-seeking missile as it relates to preparing one for the Oval Office, so to speak.

After the jump: But what about Admiral Stockdale?

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My Thoughts Exactly:
Jail……………………………….Break!

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AMSTERDAM, Netherlands – Amsterdam police say 15 camels, two zebras and an undetermined number of llamas and potbellied swine briefly escaped from a traveling Dutch circus after a giraffe kicked a hole in their cage.

Police spokesman Arnout Aben says the animals wandered in a group through a nearby neighborhood for several hours after their 5:30 a.m. breakout.

From a Associated Press wire story. I know I said I was boycotting AP, but when a story this big comes up, I think the public’s need to know trumps any moral quibbles about the fair use bastardy of our corporate overlords.

Tales of the Sausage Factory:
Sixth Circuit Upholds FCC on LFA Limits: A Bad Decision and A Sad Day for Localism, With Possible Silver Lining for Ancillary Authority and Leased Access.

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The Sixth Circuit has denied the Petitions for Review filed by local franchise authorities (LFAs) and PEG programmers challenging the FCC’s December 2006 Order limiting the ability of LFA’s to negotiate with telco video overbuilders. (You can read a copy of the decision here.)

I am rather disappointed with the decision, as readers might imagine. Not only do I think limiting the authority of LFA’s to protect their residents is a phenomenally bad idea, I think the court takes a very expansive view of FCC authority over LFAs given the legislative history and the statute in question.

On the other hand, the decision potentially provides a substantial boost both the FCC’s ancillary authority and to its leased access reform order, currently pending before the Sixth Circuit. While I find this rather cold and uncertain comfort at the moment, it’s the best I can do in the face of what has become an utter rout for LFAs and PEG programmers. God willing, a future FCC will conduct the inquiry into strengthening PEG programming Commissioners Adelstein and Copps have repeatedly urged.

Some further analysis of the decision and what it might mean below…

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Inventing the Future:
Going to California With…

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I like to think I’m particularly adaptable on those occasions when I happen to recognize that I need to be, but I perpetually feel inadequate in recognizing when the rules of the universe have changed. That’s a pretty significant skill to be lacking when you’re trying to invent the future.

So it is with even more than the usual range of emotions that I have come to “sell” our home in Wisconsin and will finally be moving to California. I am told that this is an extraordinary accomplishment, but I’ve “adapted” so much, the celebration has a Pyrrhic cast.

The US housing market has all but ceased to exist as a functioning market with any sort of liquidity. In my neighborhood, there should statistically be about one home sale each week. Ours was the seventh in the previous eight months, and I think all of those were the previous calendar year. The issue seems to be that every sale is contingent on having the buyers sell their home, which isn’t happening, so the whole country is waiting for one big circle jerk. Many housing industry folks are claiming that prices have not fallen much, but that’s disingenuous – the average selling price nationally and in most areas hasn’t fallen much only because the average home size continues to rise. The average price per square foot of any particular existing fixed-size house is dropping like a stone in a still pond. (Areas that do not see average housing sizes grow have indeed been seeing a big drop in average selling price.) And with bankers knowing this and knowing that several hundred of their ilk are being carted off by the FBI – no I’m not making this up – they’re not making a lot of bridge loans that would allow folks to buy one house before they sell the next.

So here’s what we did:

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My Thoughts Exactly:
Woof! Arf! Bark! Bark! Arf! Woof! Woof! Woof!

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For the record, I believe the presidential election was stolen by Katherine Harris & the Supreme Court in 2000, and by Kenneth Blackwell & Diebold, Inc, in 2004. I believe that they will try to steal it again in 2008.

Scientists at CERN say they “probably” won’t create a black hole and destroy the world in their new particle collider.

Gee, after the FISA deal I feel especially great about the plans of the US Air Force to take over the Internet and Outer Space. With insane Christianists and dispensationalists in charge of the Air Force and eager to hasten Jesus to bring on Armageddon, they may be able to achieve what the CERN scientists cannot.

I believe there is a 50/50 probability that the 9/11 attacks were either false-flag, or that some Saudis knew about them and dropped broad hints that Cheney chose not to pick up.

If you extrapolate Moore’s law out only a few centuries, you get computers as dense and as hot as neutron stars. What kind of information processing would a computer like that be doing? Beats me. This is why I am not a pure atheist. Are the stars we see in the sky just God talking to himself in God language? Maybe, who knows.

Tales of the Sausage Factory:
Iowa Broadcasters to FCC: “We Do Localism! All It took Was A 500 Year Flood.”

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One has to admire the utterly ruthless and meticulous way in which broadcasters will move swiftly to exploit absolutely any possible set of circumstances for their regulatory advantage. Case in point, this letter from Sue Toma, Executive Director of the Iowa Broadcaster’s Association to FCC Chairman Kevin Martin, touting their involvement in their communities during the recent terrible flooding.

Mind you, I am glad that Iowa broadcasters can get it together to do their job during a 500 year flood. And it is the job of trade associations to tout the good its members do — even when it is the sort of thing we expect them to do. And certainly Iowa broadcasters should be praised for stepping up to the plate when needed and recognized for playing their part — along with the other community businesses and volunteers from around the country who, unlike the broadccasters, are not under a legal obligation to provide service to the local community. But of course, for the broadcasters, that is not enough. As usual, the broadcasters behave rather like spoiled 6 year old children who expect bribes to do their homework or their chores. Hence inclusion of this little zinger at the end:

I can’t help but note that the Iowa floods come at a time when well meaning but misguided activists are questioning broadcasters’ commitment to localism. My response: Spend time in Iowa, and see first-hand how local and radio and TV stations are serving our communities during the worst flooding in a century. Iowa broadcasters have once again proven their exemplary commitment to the communities that we serve, without the need for more mandates, paperwork and unnecessary regulation.

In other words, that stations actually do their jobs in a once in a century crisis gets them off the hook for the remaining 99 years, 11 months. To which I can only say, giving proper credit and appreciate to stations doing the work they are supposed to do, “get real.” The real test of localism isn’t just how you do in a crisis and that somehow gives you a free pass on the rest of the license period. The real test of localism is how you serve your local community on a daily basis. That broadcasters refuse even to list what programming they show and what they think their viewers get out of the programming choices — whether news, or entertainment, or exposure to local culture and matters of local interest — should raise serious questions about whether broadcasters take their role as stewards of a public license held in trust for the local community seriously.

I recognize that leveraging responses to natural disasters for regulatory goodies is a hallowed tradition among broadcasters, so I’m not offended at the Iowa Broadcaster’s Association rushing to send this letter as soon as their laptops dried out. But because broadcasters get a lot of mileage out of their so called commitment to localism — such as cable must carry, the right to play music without paying performance royalties, and a rule against satellite radio providing local content that might compete — someone needs to call them on this. You can’t get the benefits of being a licensee with a duty to serve your local community without shouldering the responsibilities as well. So just as my son doesn’t get out of doing his chores just because he did his homework — even if he got an A — broadcasters don’t get excused from serving their community every regular day just because they came through during a flood or some other epic crisis. Kudos for doing a good job on this one, but it’s still your job and you’re supposed to do it well.

And, given that nearly 1 million people took the time to tell the FCC during its localism proceeding that they thought local broadcasters were doing a lousy job serving their local community (I make no claims as to Iowa, that’s national), it doesn’t seem out of line for the FCC to require you to actually tell the FCC how your programming serves the local community as required by your license and to make that documentation publicly available, a requirement broadcasters have gone to court to resist.

Finally, I can’t help but note that low power FM stations (that full power broadcasters fight tooth and nail to keep off the air) have likewise done amazing coverage of the flood and heroic service to their local communities — while still managing to produce local content and serve their communities on a regular basis. If they can pull their weight while still more than complying withe the “mandates, paperwork, and unnecessary regulations” that ensure they serve their local communities, I think the rest of the broadcast community in Iowa can do so as well. And ought to.

Stay tuned . . . .

Tales of the Sausage Factory:
Last MAP Innovation '08 Panel Wed. Jun 25.

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A shameless plug for my employer, Media Access Project (MAP).

As I have written before, MAP has decided to hold a series of events to try to get folks in Silicon Valley to care about Washington policy. Now, we are going to bring some of that back to D.C. On June 25 (this Wed.), MAP will have the last of its Innovation ’08 panels right here in Washington D.C. We have been fortunate enough to get representatives from both the Obama campaign and the McCAin campaign to come and chat about “what we learned while outside Washington — hint, they don’t think we understand their issues.” While fora around the candidates and their surrogates certainly abound here in D.C. at the moment, I feel confident that our unique MAP perspective will make this a grilling policy dialog and discussion to remember.

And, for those who want to understand what makes these MAP fora critically kick ass, you can get video of the first Innovation ’08 forum on DVD from MAP’s website

Details on Wednesday, Jun 25 10 a.m. event at the D.C. Office Dickstein, Shapiro below . . . .

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Tales of the Sausage Factory:
Rather Trivial In the Scheme of Things, But Trivial Is What The News Has Become.

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In the journalists who act like the stereotypical blogger rather than the bloggers that rise to level of journalists, I cannot help but include this little piece by Ted Hearn over at Multichannel News. It is perhaps no surprise that reporters for trade magazines beholden to cable television have been, to put it politely, less than pleased with Kevin Martin. But there is a difference between general unfavorable coverage that upholds journalistic standards and the sort of gratuitous nastiness that is supposed to be the purview of the blogosphere and the editorial pages. Or there used to be. And when Hearn compounds this by missing the opportunity for a more interesting story to focus on the little Martin-zingers, I just gotta wonder if I should consider myself a journalist after all.

Hearn’s story is about a Korean journalist miffed at Martin having a press conference in Seoul, South Korea, at the OECD Ministerial Meeting. Hearn’s opening, that “Fifty-five years of peace on the Korean peninsula suffered a minor setback last week after Federal Communications Commission chairman Kevin Martin landed in Seoul for a two-day ministerial session of the 30-country Organization for Economic Cooperation and Development,” can be dismissed as comic overstatement for humor. It’s the little zinger at the end that has me shaking my head in wry amusement wondering if Hearn has been taking lessons recently from Rita Skeeter.

The whole thing would hardly be worth a raised eyebrow but for how it illustrates a more serious issue that Hearn muffed. As anyone who follows international news in even a cursory way knows, U.S. – S. Korea relations have been in a bit of a tailspin over the decision of S. Korean Pres. Lee Myung-Bak to lift restrictions on importation of U.S. beef (‘Said Myung-Bak: “We have assurances that the U.S. guarantees the safety of it beef.” Sadly, the U.S. Ambassador was suffering from salmonella from some U.S. tomatoes and could not respond to a request for a quote . . .’) That a reporter was miffed over Martin’s conduct is a potential barometer for the touchiness of U.S.-Korean relationships and whether the beef business will spill over into cable or tech concerns, and whether the trivial conduct of U.S. officials may have impact for American interests.

Such a story would have been timely and important, but would have required some actual work and reporting. So much easier to simply take what someone else has done and editorialize around it. You know, like this thing you’re reading here. Except this is a blog that I write in my spare time without the pretension of pretending to be a journalist. Although given this story and last week’s MSM hack job on Kozinski, I’m starting to rethink calling myself a journalist. Judging from what I’m seeing, what I do isn’t really that different.

Stay tuned . . . .

My Thoughts Exactly:
MONARCHY RESTORATION ACT PASSES IN US HOUSE OF REPRESENTATIVES!

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NANCY PELOSI JOINS REPUBLICANS IN 293-PERSON CURTSEY TO KING GEORGE

BARACK OBAMA ISSUES PRESS RELEASE PROMISING TO BE “KINDER, GENTLER MONARCH” WHEN HE ASCENDS TO THRONE

HARRY REID GOES FISHING ON LAKE TAHOE, SAYING HAIL MARYS

The horrible FISA bill passed yesterday, despite heroic rear-guard action by our own Harold Feld. Nancy Pelosi, the best-looking Republican grandma in the People’s Chamber (who also happens to be the Democratic Speaker of the House, go figure) led the charge. Obama was invisible before the vote and issued a watery piece-of-shit press release afterwards. Harry Reid said some empty nonsense.

Congressman Delahunt, who represents me (among others), voted against. Go Bill Delahunt. (Maybe the 3,342,985 calls I made to his office over the last few months gave him the encouragement he needed, but the action was his alone.)

Well, so, immediately after the roll call was published I went down to the Tisbury Town Hall, into the Town Clerk’s office. There, I made damn good an’ sure I’ve got nothing to do with the Democratic Party. Fool me once, shame on you; fool me 4,345,395 times, shame on me. I told said clerk, “I want to change my registration,” and she said, “Yeah, and I know why.”

I don’t know how it is where you live, but in my little home town, a DemocraticPartyectomy takes less than a minute. I highly recommend the procedure. It does wonders for one’s blood pressure.

After the jump: Democrats–monarchists or fascists: which one of these?

UPDATE: I edited this post for clarity. My points are probably still unclear, but I wanted to be up front about my revisions.

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