January 2012

The War on Political Free Speech

[Commentary] Two years ago the Supreme Court upheld the right of an incorporated nonprofit organization to distribute, air and advertise a turgid documentary about Hillary Clinton called, appropriately enough, "Hillary: The Movie." From this seemingly innocuous and obvious First Amendment decision has sprung a campaign of disinformation and alarmism rarely seen in American politics. From the start, reaction to Citizens United v. Federal Election Commission has bordered on the hysterical.

Sen Bernie Sanders (I-VT) proposed a constitutional amendment last month that would not only prohibit corporations from speaking on political elections, but would prohibit any group of citizens organized "to promote business interests" from speaking about elections. Presumably, this could extend to everyone from the Heritage Foundation and the National Federation of Independent Business to the Republican National Committee and local citizens organizing against a sales-tax referendum. Because most newspapers are incorporated, UCLA law Prof. Eugene Volokh believes that the Sanders Amendment and a companion bill in the House would even authorize the government to prohibit newspaper editorials about elections.

[Smith is a former FEC Commissioner]

Sharing a Screen, if Not a Classroom

Newly designed software for the tutoring of beginning readers allows volunteers to meet students online from a distance. The program is the creation of Seth Weinberger, a 56-year-old former technology lawyer from Evanston (IL), and the founder of Innovations for Learning, a 19-year-old nonprofit organization that has set its sights on raising persistently low reading scores among the nation’s poorest children. The tutoring software is being tried by over 550 volunteers in 60 low-performing classrooms in Chicago, Detroit, Miami and Washington, as well as at P.S. 55, where in 2010, only 15 percent of the third graders passed the state English exam.

Cracking Teenagers’ Online Codes

Dr. Danah Boyd — a senior researcher at Microsoft, an assistant professor at New York University and a fellow at the Berkman Center for Internet and Society at Harvard — is a widely respected figure in social media research. With a number of influential scholarly papers under her name, she travels relentlessly, tweets under the handle Zephoria and has fans trailing her at TED conferences, at South by Southwest and elsewhere on the high-tech speaking circuit. She is also a kind of rock star emissary from the online and offline world of teenagers. The young subjects of her research become her friends on Facebook and subscribe to her Twitter feed. “The single most important thing about Danah is that she’s the first anthropologist we’ve got who comes from the tribe she’s studying,” said Clay Shirky, a professor in the interactive telecommunications program at N.Y.U. and a fellow at the Berkman Center.

Children today, she said, are reacting online largely to social changes that have taken place off line. “Children’s ability to roam has basically been destroyed,” Dr. Boyd said in her office at Microsoft, where a view of the Boston skyline is echoed in the towers of books on her shelves, desk and floor. “Letting your child out to bike around the neighborhood is seen as terrifying now, even though by all measures, life is safer for kids today.” Children naturally congregate on social media sites for the relatively unsupervised conversations, flirtations, immature humor and social exchanges that are the normal stuff of teenage hanging-out, she said.

Desperate in TV Fight, Some Knicks Fans Buy Tickets

Their new star was facing his old team. Their old favorites were returning under the lights of Madison Square Garden. Yet many Knicks partisans could not watch the game on television because of a nasty dispute between Time Warner Cable and the MSG channels, and for those fans, options were limited. There were portable radios to retrieve, Internet piracy laws to test, acquaintances to beg for a dinner invitation — provided they subscribed to another cable provider. And then there were those who begrudgingly shelled out money for a seat.

Tablet and E-book reader Ownership Nearly Double Over the Holiday Gift-Giving Period

The share of adults in the United States who own tablet computers nearly doubled from 10% to 19% between mid-December and early January and the same surge in growth also applied to e-book readers, which also jumped from 10% to 19% over the same time period. The number of Americans owning at least one of these digital reading devices jumped from 18% in December to 29% in January. These findings are striking because they come after a period from mid-2011 into the autumn in which there was not much change in the ownership of tablets and e-book readers. However, as the holiday gift-giving season approached the marketplace for both devices dramatically shifted.

SOPA and PIPA dead, for now

House and Senate leaders abandoned plans to move on SOPA and PIPA — the surest sign yet that a wave of online protests have killed the controversial anti-piracy legislation for now and maybe forever.

SOPA sponsor Rep Lamar Smith (R-TX), the chairman of the House Judiciary Committee, said his committee won’t take up the bill as planned next month — and that he’d have to “wait until there is wider agreement on a solution” before moving forward. Senate Majority Leader Harry Reid (D-NV), meanwhile, said he was calling off a cloture vote on PIPA he’d scheduled for Jan 24. The double-barrel decisions to punt on the bill capped an extraordinary week of public pressure — and an extraordinary reversal of fortunes for Hollywood, whose lobbyists seemed to think they were on cruise control to passage of bills aimed at protecting their content from online thieves.

Speaker Boehner interjected on piracy bill

House Speaker John Boehner (R-Ohio) told the chairman of the House Judiciary Committee to shelve the Stop Online Piracy Act (SOPA).

Rep. Lamar Smith (R-Texas) halted work on the controversial bill after mass protests on the Web swelled opposition on Capitol Hill. Asked whether he was behind Smith’s decision, the Speaker said: “I suggested to him that it’s time to build more consensus. … He agreed.” Speaker Boehner said Chairman Smith needs to find consensus on his committee before moving ahead. “This proposal, while well-meaning, has some difficulties, and I expect the chairman, like any chairman, to build more consensus before trying to move this bill out of the committee,” Speaker Boehner said. The Speaker made the remarks at a press conference on the second day of a weekend retreat with fellow House Republicans in Baltimore.

Senate Majority Leader Reid Statement On Intellectual Property Bill

In light of recent events, I have decided to postpone Tuesday’s vote on the PROTECT I.P. Act. There is no reason that the legitimate issues raised by many about this bill cannot be resolved. Counterfeiting and piracy cost the American economy billions of dollars and thousands of jobs each year, with the movie industry alone supporting over 2.2 million jobs. We must take action to stop these illegal practices. We live in a country where people rightfully expect to be fairly compensated for a day’s work, whether that person is a miner in the high desert of Nevada, an independent band in New York City, or a union worker on the back lots of a California movie studio. I admire the work that Chairman Leahy has put into this bill. I encourage him to continue engaging with all stakeholders to forge a balance between protecting Americans’ intellectual property, and maintaining openness and innovation on the internet. We made good progress through the discussions we’ve held in recent days, and I am optimistic that we can reach a compromise in the coming weeks.

Comment Of Senator Patrick Leahy On Postponement Of The Vote On Cloture On The Motion To Proceed To The PROTECT IP Act

The United States Senate has identified a problem directly affecting American jobs, American workers and American consumers. When I first came to Congress, it was the practice of the Senate to debate competing ideas to address such a problem; regrettably, that is not the practice today.

The Senate Judiciary Committee unanimously reported the PROTECT IP Act in May. Since then, I have worked with both Senators and stakeholders to identify concerns and find meaningful ways to address them. Only when the Senate considers this legislation can we do so. In the meantime, more time will pass with jobs lost and economies hurt by foreign criminals who are stealing American intellectual property, and selling it back to American consumers. I remain committed to addressing this problem; I hope other members of Congress won’t simply stand on hollow promises to find a way to eliminate online theft by foreign rogue websites, and will instead work with me to send a bill to the President’s desk this year.

I understand and respect Majority Leader Reid’s decision to seek consent to vitiate cloture on the motion to proceed to the PROTECT IP Act. But the day will come when the Senators who forced this move will look back and realize they made a knee-jerk reaction to a monumental problem. Somewhere in China today, in Russia today, and in many other countries that do not respect American intellectual property, criminals who do nothing but peddle in counterfeit products and stolen American content are smugly watching how the United States Senate decided it was not even worth debating how to stop the overseas criminals from draining our economy.”

An Astounding Week In PIPA/SOPA Comes To A Close

[Commentary] January 20 brought a dramatic conclusion to an extraordinary week and the culmination of months of amazing activism on PIPA/SOPA.

A month ago, hardly anyone had heard of PIPA and a few more had heard of SOPA and its passage was regarded as virtually assured. On Jan 20, Harry Reid (D-NV) finally threw in the towel and called off Tuesday’s scheduled cloture vote. In the House, Lamar Smith and Marsha Blackburn, the last SOPA holdouts, threw in the towel and promised to go back to the drawing board and totally rework their approach. Yes, the ill-grace with which the chief Democratic architects of PIPA in the Senate have responded, coupled with Chris Dodd’s increasing resemblance to Muppet Movie villain Tex Richman by openly threatening on Fox News to stop campaign contributions to any politician who didn’t keep pushing PIPA, make it clear PIPA’s sponsors (in both the legislative and financial sense) are as utterly unrepentant as they are in common sense. So yes, they will come back and try again and all the usual caveats that responsible people seem compelled to add to any moment of real triumph.