Tell Me Again How Professional Journalists Have Higher Standards Than Us Mere Bloggers.

I generally don’t consider myself a “citizen journalist.” While I believe strongly that bloggers can be journalists, I don’t believe that bloggers are journalists simply by being bloggers and imitating their favorite left-wing or right-wing pundit. For me, the importance of blogging is that it creates genuine conversation and give and take, a willingness to rediscover once taboo subjects like politics and public policy. You know, the stuff it became no longer polite to discuss because none of us fragile souls could handle disagreement, so we had to leave it to the experts.

But occasionally, one sees a pompous soul defending “traditional journalism” and arguing that it is positively dangerous and unsafe to let the mob of “citizen journalists” loose upon an unsuspecting world. And next time I encounter such a poor misguided soul, I intend to ask him or her about Scott Glover and his hack job on Chief Judge Alexander Kozinski, as published in the LA Times.

As documented in several posts at Patterico’s Pontifications, it would appear that Scott Glover was “played” by one Cyrus Sanai, although perhaps “played” is the wrong word. Sanai appears to have pursued a relentless vendetta against Kozinski, and found a willing ally in Glover. As Kozinski’s wife explains in this rebuttal, Glover’s descriptions of the items on the website are at best misleading and at worst outright efforts to sensationalize things circulated all over the internet (typically with the “not work safe” heading). For example, what Glover describes as “video of a half-dressed man cavorting with a sexually aroused farm animal” turns out to be a a fairly popular Youtube video of a man who had gone to relieve himself in a pasture fending off an aroused donkey. (The San Francisco Chronicle, apparently wishing to demonstrate the further virtues of trained journalists over bloggers, characterized the video as images of bestiality.

As a result of this rather shoddy bit of professional journalism, a well respected judge has been made an object of ridicule and disgust, Kozinski declared a mistrial and initiated an ethics investigation of himself — costing taxpayers tens of thousands of dollars for no good purpose, and a lawyer with a reputation for vindictiveness is boasting how — with the help of such skilled professional journalism — he brought down a federal judge who dared defy him. Nice.

And the response of the LA Times? Kozinski should have just ignored the story. Boy, says the Times Editorial Board, that would have sure shown those blue noses who still read newspapers! I rather agree with Patterico, however, who notes that the real question is why did the LA Times put this story on its front page? Not since Bob Balaban manipulated Sally Field to go after Paul Newman in Absence of Malice has a reporter so willingly served as the tool of another to report something so accurately and yet untruthfully. It is merely the crowning insult that the LA Times should editorialize that Kozinski is somehow at fault for not telling them to bugger off — preferably in front of a camera for the amusement of the masses and future storage at alex.kozinski.com.

To repeat, I make no claims to being a “citizen journalist” simply because I blog. And I respect the work of real journalists no matter what medium they use. But after incidents like this, professional journalists should hardly wonder why so many bloggers feel they can replace them.

Stay tuned . . . .

Channeling my inner Leopold Sedar Senghor to make a point about the stupid FISA so-called “Compromise”

Leopold Senghor was still the head honcho of Senegal when I was there as a Peace Corps Volunteer (& later as a grad student). The famous father of negritude was pretty well regarded as the guy who got Senegal its independence from France. But he was ridiculed a little (sort of like the proverbial crazy uncle) because his wife was French, and white. And because he spoke French, Latin and Greek better than he did Wolof. Senghor was Serrere, & spoke that language as his native tongue. But everybody in Senegal spoke at least some Wolof. It was (and is) that country’s lingua franca. I knew several Americans who were quite fluent in the language, including my friend Richard.

I remember one time Richard was going on about Senghor’s horrible French accent when speakng Wolof. In a radio address the night before, at one point Senghor had said something like, “ha ‘bugge nga’ ak ‘bugulo nga’ amul barrak waxtan”, meaning “between ‘I like you’ and ‘I don’t like you’ there is no bench for discussion.” And Richard thought that was horribly undiomatic Wolof. (Note: my Wolof is very, very rusty. I probably got that all wrong, but that’s how I remember it.)

Whatever. It stuck with me. And so, with reference to this recent nonsense about a “compromise” on the FISA bill, and with a nod to the late Mr. Senghor, I would just like to say, that between ‘legal’ and ‘illegal’, there is no bench for discussion. Bush and Cheney and all the other monarchists in their administration think there’s a need to pass a law saying that when phone companies break the law, they’re not breaking the law. Fuck that. Y’know, that’s why our so-called founders invented the so-called judiciary. Y’know, so that there would be a well defined place and way to sort these things out. When you’re making ex-post facto laws to exonerate your buddies, you’re not fooling anybody. Or, to quote another sage, I say it’s spinach, and I say the hell with it.

As we say in broken Wolof, Rekk— that’s all.

The dickwads at the Associated Press

A bunch of stupid bullies who don’t understand the concepts of “fair use” and “internet” (or more likely, understand them very well but don’t like them), think they have enough clout to dictate terms. Well, the millions and millions and billions of Wetmachine readers will have to find their own way to AP stories from now on. I’m not going to link to them. Take that, you wankers!

Today on Telecom Mythbusters: FCC Ancillary Authority in Comcast/BitTorrent

Cable gets a lot of mileage out of repeating things over and over until folks believe it’s true. Today on Telecom Mythbusters I’d like to focus on the question of “ancillary” authority and regulating broadband. The cable guys generally circulate two myths about this.

1) Ancillary jurisdiction by the FCC is an exceedingly rare, wacky, way out thing and the fact that net neutrality advocates even want to rely on it shows how way out there and kooky it is.

2) The D.C. Circuit has been busy trimming back ancillary jurisdiction so that it really doesn’t exist anymore. Specifically, the D.C. Cir. 2005 decision in American Library Association v. FCC, 406 F.3d 689 (D.C. Cir. 2005) (and, to a lesser degree, MPAA v. FCC, 309 F.3d 796 (D.C. Cir. 2002) worked some kind of mojo against the expansive grant of power by the Supreme Court in United States v. Southwest Cable, 392 U.S. 157 (1968) and the Supreme Court’s explicit statement in Brand X so that the FCC cannot regulate broadband access and prohibit Comcast from targeting specific applications such as BiTtorrent under ancillary jurisdiction. A sub-myth of this is “Title I cannot be the source of authority on its own.”

Marvin Ammori, General Counsel of Free Press, has written a stunning tour de force rebutting these arguments. The 100+ page filing masterfully traces the FCC’s authority under Title I and in this particular proceeding. But for those who don’t want to read through the whole thing, I will give my own take below.

I must once again warn readers that this will be a breathtakingly dull review of applicable case law, along with an examination of FCC precedents and does not go to the juicier merits of policy (not that I expct this to stop the Brett-bot from his inevitable comments). If you do not find legal minutia fascinating beyond words, if you do not thrill at the discussion of the subtle differences between a “Telecommunications Service Provider” and a “Common Carrier,” then for God’s sake, turn back now! Lest your brain dissolve into tapioca pudding from the awesome power of legal analysis unleashed.

(and for Brett: Blah blah blah evil blah blah Free Press blah blah MAP blah blah Ginger)

Otherwise, to see both myths BUSTED, read more below….

Continue reading

Rural Carriers File “Skype-Lite,” or “Wireless Carterfone, it's not just for developers and other parasites anymore.”

Today, the FCC will most likely dismiss the the Skype Petition. I’ve already written why I think this is a phenomenally bad idea and, while I continue to respect Kevin Martin and understand why he is doing this, he is totally wrong here. Once again, those worried about “unintended consequences,” “first do no harm,” etc., etc. fail to appreciate that a refusal to take action and granting permission to carriers to control the sorts of devices, applications and therefore what innovation and what free speech, go on over their networks is as much an action as granting the Skype Petition. There is no evading responsibility or avoiding unforseen consequences.

Which brings me to the Petition for Rulemaking filed by the Rural Carriers Association (RCA) to prevent exclusive deals on equipment, aka “Skype Lite.” Mind you, the rural carriers opposed the Skype Petition as much as any other carrier, arguing that it would be awful for their limited capacity rural networks if they could not control what equipment attached to their networks and what applications ran on that equipment. Nevertheless, they too are unsatisified in a world where market size and raw capitalism dominate. So, without ever once raising the same arguments as Skype or referencing the Commission’s information policy statement, the rural carriers argue for what amounts to the same relief as Skype, only tailored differently. Rather than regulate all carriers to require open networks, they ask the Commission to limit the market power of the major carriers by prohibitting exclusives. Otherwise, they argu, rural America will never know the joy of the iPhone or any other significant innovation — since the major carriers will tie up the most valuable applications and equipment in exclusive deals.

Nor are the rural carriers alone in finding the world according to Coase and Friedman less than they desire. The Commission has before it a good handful of petitions from carriers asking for mandatory roaming reform, access charge reform, and other limits on the ability of the dominant, vertically integrated providers from exercising their market power. Of course, all of these carriers asking for regulatory intervention are simultaneously celebrating the dismissal of the Skype Petition, piously telling Skype and the rest of the non-carrier industry that they are a bunch of parasites and that if they want access to a network they need to get their own licenses and build one.

I do not write to underscore the hypocrisy of these contradictory positions. That would be a waste of bits. Companies make whatever arguments they need to make in order to survive and thrive. No, my warning to the rural carriers and the rest of the Skype-lite crowd is simply one of practicality. You cannot win your request for special regulation while simultaneously singing the praises of the fiercely competitive broadband market and arguing that there is no place for regulation in this great free market success story. By contrast, if you simply admit that the industry now suffers from excessive concentration and the cure for this requires a comprehensive approach, you will find yourselves much more likely to prevail.

Martin indicated that he would dismiss the Skype Petition “without prejudice,” meaning that Skype or others will be free to try again — say, in six months or so when the FCC changes hands. In the mean time, I suggest the rural carriers and the other industry players anxious for regulatory relief — whether in the form of spectrum caps in auctions, mandatory roaming, or access charge reform — rethink their strategy.

Or, to put it another way, “regulation, it’s not just for developers and other parasites any more.”

Stay tuned . . . .

“tense unrelenting fear and dread. . .”

Light posting from me lately, as my personal time has been taken up with work, a funeral, weddings, medical procedures and lots of visits to see loved ones in hospital.

It’s hard to know what to make of all this “real life” stuff. I feel like I have great wisdom to impart to y’all, but cannot seem to formulate much of any of it into actual human language. Like Gene Hackman’s character in the movie Heist, I’m reduced to muttering, “It’s a hell of a thing. A hell of a thing.” In general, however, I do recommend weddings over funerals, and health over sickness.

On my ear-goggles this morning, as frequently, I’m listening to the late risers’ club on MIT radio, WMBR. And I just heard a recursive promotion for its own self, saying how this same show was a cure for “tense unrelenting fear and dread.” I certainly hope so.

Well, almost. I don’t want a complete cure for my tense unrelenting fear and dread, which is the essence of my persona here, for there would go the whole of my contribution to Wetmachine. But some relief would be welcome, you know what I’m say’n’?

Anyway, just for yucks & to lighten your day, here’s an article from the BBC about the dollar scale of the criminal war profiteering engineered by Cheney et al, and abetted by the USian people and their chickenshit congress, and here’s a BBC article about one teensy-tiny bit of the human cost–but one that is at least a little hopeful. We can’t all be melancholic all the time, now can we.

Back In the NCMR: Pappa Bear Comes To Town!

So here I am at the 2008 National Conference on Media Reform, and I have the most exciting news: the FOX NEWS TEAM IS HERE for Bill O’Reilly. (No doubt he is in town to endorse Al Franken in his bid for the Senate.)

Woo hoooo!!!! Talk about your status symbols. We have really made the big time if Poppa Bear himself has come to town to pay his respects. As for me, it’s as if the Goodfeathers had fallen into a catnip truck then accidentally wandered into a cat show.

I understand that some folks, however, may be nervous talking to the good folks at Fox News. Here is my advice: keep confusing O’Reilly with Stephen Colbert.

So for example:
Fox News: Can we interview you for O’Reilly Factor.
Person: Great! I’ve always wanted to be on the Colbert Show!
FN: That’s not us. This is Bill O’Reilly.
Person: Oh yeah. I saw him on the Colbert Show once.
FN: Anyway —
Person: Do you think O’Reilly can get me on Colbert?
FN: No. Now —
Person: Because Stephen Colbert is just a god, you know. A. Total. God. O’REilly should definitely try to get on Colbert again. You know, for the Colbert bump.
FN: We want to talk to you about —
Person: Did you know Stephen Colbert was just given the distinguished “Understandable Vanity Award by the Princeton University Class of ’08 (Go Tigers!). Did O’Reilly ever go to college?
(Persist until FN people quit in disgust.)
Person: Wait! Come back! Does this mean O’Reilly won’t introduce me to Stephen Colbert?

Stay tuned . . . .

Back in the N-C, Back in the N-C, Back in the N-C-M-R!

Once again, I am coming to live from the National Conference on Media Reform, the whatever the word is for “held every 18 months” conference on media reform by Free Press. Already our the socialist-radical-gay-lesbian-transexual-Wiccans are laying down deep mojo to cause Senator McCain to unexpectedly dance the charleston at the high point of the Republican convention, followed by a full lip-lock with Rush Limbaugh.

But until then, the talk here is of media reform. Well, that and the #@!%! rain and other weather that has screwed up too many flights trying to get here, like mine. Which is why the report on the pre-conference is extremely short. By the time I got here, it was mostly over.

I did get to see some of my favorite folks in the movement however, and give an enormous “Thank You” to Bob McChesney for his incredible work in founding Free Press and devoting five years to creating the organization he believed needed to come into existence.

More tomorrow.

Stay tuned . . . .