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6.19.2003


Here's one for the "Another brainiac in government" file --

Senator Orrin Hatch has proposed giving media companies the ability to destroy indivdual's computers if they engage in P2P piracy. Here are some of the quotes from a recent AP story:

[...] "No one is interested in destroying anyone's computer," replied Randy
Saaf of MediaDefender Inc., a secretive Los Angeles company that builds
technology to disrupt music downloads. One technique deliberately downloads
pirated material very slowly so other users can't.

"I'm interested," [Orrin] Hatch interrupted. He said damaging someone's
computer "may be the only way you can teach somebody about copyrights."
The senator acknowledged Congress would have to enact an exemption for
copyright owners from liability for damaging computers. He endorsed
technology that would twice warn a computer user about illegal online
behavior, "then destroy their computer."

"If we can find some way to do this without destroying their machines, we'd
be interested in hearing about that," Hatch said. "If that's the only way,
then I'm all for destroying their machines. If you have a few hundred
thousand of those, I think people would realize" the seriousness of their
actions, he said. "There's no excuse for anyone violating copyright laws,"
Hatch said. [...]
--------------------------------

Hatch then amended his comments somewhat after receiving loads o' criticism, and his website now reads:

I am very concerned about Internet piracy of personal and copyrighted materials, and I want to find effective solutions to these problems.

I made my comments at yesterday's hearing because I think that industry is not doing enough to help us find effective ways to stop people from using computers to steal copyrighted, personal or
sensitive materials. I do not favor extreme remedies, unless nomoderate remedies can be found. I asked the interested industries to help us find those moderate remedies..
----------------------------

All said, I still had to fire him a letter.

Links and my letter follow:

AP Story:
http://www.washingtonpost.com/wp-dyn/articles/A6241-2003Jun17.html

Hatch website commentary:
http://www.senate.gov/~hatch/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=205147

My Letter:
Senator Hatch:

I read with shock your recent comments endorsing the right of media companies to "destroy" P2P users computers with impunity. Though limiting copyright infringement is a noble goal, means so drastic are not justified by that end.

In numerous circumstances (documented thoroughly by technology reporters such as Declan McCullagh, etc...) these same media companies have made erroneous allegations when users have been downloading information that is within the public domain or that is confusingly similar in name to their copyrighted works. With legislation giving them the right to "destroy" property that is not theirs, they will likely do so with little regard for individuals who use P2P networks legally and set off on the destruction of all users of the system.

The media companies can then factor the cost of destroying innocent users into the system and hand out small monies to those who can prove they were not downloading illegally. This burden of proof should not be shifted to the end-user, and further, no private entity should ever be given the right to use force against the citizenry by any means.

Please note my strongest objection to your comments and to the rights of any company to ever have the rights to "destroy" any item belonging to a member of the citizenry with impunity.

Respectfully,

John J Mosko

posted by JM at 1:06 PM


5.28.2003


Finally another update... been too busy with business to keep up much here... regardless, fired off a letter to AG Bill LOckyer today for his attack on Chico small business folks.... here's the link to the article in the Bee that spurred the letter and the text of my missive....

Cheers --

http://www.sacbee.com/content/news/story/6531926p-7482574c.html -- Original Article

Letter
---------------------

Atty. General Lockyer:

After reading a brief article in the Sacramento Bee yesterday (http://www.sacbee.com/content/news/story/6531926p-7482574c.html) I find it abhorrent that your office is pursuing charges against citizens in Chico for alleged water supply contamination.

Though I am sure the story did not highlight the entirety of the situation, it seems to me that the state is on a fishing expedition pursuing monies to cover expenses of a clean-up for which it is not sure of the root cause. The article in the Bee notes that some of the business owners contend that they never participated in any behavior that was illegal and that this suit could cause their financial ruin.

Your decision to scape-goat "Mom and Pop" businesses to fund a clean-up that's antecedents are still suspect is despicable and is why many people have a healthy distrust of the bureacracy in the first place.

I urge you to reconsider your position and look into alternate means for resolving this issue without attacking upstanding citizens for actions that may or may not have occurred years ago.

Respectfully,

John J. Mosko

posted by JM at 1:10 PM


3.19.2003


In an article in the South Jersey Courier Post today Tom Baldwin reports that if the goverment escalates the terror warning system to red from its current orange -- "you will be assumed by authorities to be the enemy if you so much as venture outside your home..."

In a nutshell, New Jersey's Director of the Office of Counter-Terrorism notes that individuals will be forbidden from doing anything that is "non-essential" (his definition of course...). So businesses will be closed, people will be confined to their homes, and civil liberties will be suspended. All in the name of fighting what may be....

Personally, I'd rather make my own decisions about my safety than have it dictated to me by a Counter-Terrorism Czar who is working based on an abitrary and capricious color coded system of threats. Has anyone actually ever noticed any difference in their daily lives based on whether the government calls today yellow, orange, or green? I would be happy (well, maybe not happy -- but at least understanding) to accept that the government may wish to cut access to a certain bridge, or building, or a handful of locations, due to a specific threat, but to allude to the fact that our "Free" government will shut down everything deemed "non-essential" due to some potential threat no matter how great is absurd and flys in the face of all the freedoms we are said to be protecting. I would venture to say that I would much rather die by some nut case blowing me up unexpectedly as I headed to the office rather than live a caged existence confined to my home, deprived of my work and livelihood.... without what makes me whole and takes me through my day, life is relatively meaningless anyway....

So, a large Fuck You to Mr. Casperson (NJ Czar) and to any other government official who wishes to confine the populace because some Allah worshipping freak MIGHT blow us up....

JM

Hers' the original:
http://www.southjerseynews.com/issues/march/m031603e.htm

posted by JM at 10:34 AM


2.11.2003


Two more for the crying liberals bin --

Louise Sawyer and Grace Fuller have sued Southwest Airlines because a flight attendant uteered the following:

"Eenie, meenie, minie, moe; pick a seat, we gotta go."

The two claim the "racist history" of the song caused them severe emotional distress, and are asking for "injunctive relief" and "unspecified" loot from the airline.

Wow.

The actual report delinieates that the women suing are a bit older (46 & 48) are likely not well to do (at least one has no health insurance) and that the insensitive flight attendant is 22. She indicates that she never heard any racist version of the rhyme before in her life.

I'd offer aditional commentary on this but I think its safe to say you can probably guess my sentiments.

Here's the link:
http://www.kansascity.com/mld/kansascity/news/local/5145229.htm

posted by JM at 9:37 AM


1.29.2003


Chalk this one up to why other countries suck --

Though people bitch and moan endlessly about the US and our own little Nanny-state, it is time to give pause that we do not live in the pathetic "One World" which is Europe... in the latest from across the ocean UK Farmers now must provide toys for their pigs... (I'm not making this up)...

In a decree that came from Brussels farmers are now forced to provide "toys" and playthings for their sows or face punishments of 3 months in prison and a $1000 fine.

Wow! How fucking bizarre is this? Supposedly, this originates from the fact that pigs in all habitats bite and chew at one another. Animal activists have urged giving them playtoys hypothesizing that the piggies will then bite the toys and no longer act out at the other pigs.

And this is now official government policy....

Get this quote from a spokesman from Rural Affairs, “We mean footballs and basketballs. Farmers may also need to change the balls so the pigs don’t get tired with the same one. Different colour ones will do. These rules are based on good welfare. We don’t want to come across as the nanny state, but the important thing is to see pigs happy in their environment and they like to forage with their noses.”

I forgot -- THE IMPORTANT THING is to SEE PIGS HAPPY -- not anything about farmer welfare, or their profits, or the like. Maybe the farmers in prison for violating this law can bite the other prisoners and thus get a ball or toy of their own....

Here's the report:
http://www.timesonline.co.uk/article/0,,2-558903,00.html

posted by JM at 2:49 PM


1.23.2003


Wow -- two in one day...

The army relieved an honor guard because he issued a brief prayer before presenting a flag at burial services. The guard, Patrick Cubbage, did so only when prescribed by his manual (when the family requested religious services by having a minister etc... present) and the message was a simple and brief "God bless your family and God bless the United States." Hardly cause for consternation. Nevertheless, in a case of political correctness run amok, the department administration releived him of duties for his "breaking protocol." Here's the story in the Philly Inquirer:

http://www.philly.com/mld/philly/news/local/5003947.htm

and my email to the Lt. Cnl. in charge:
niedtro@nj-arng.ngb.army.mil

Lt. Cnl. Roberta Niedt:

I am writing to you after reading a brief article about the dismissal of Patrick Cubbage carried in the Philadelphia Inquirer.

Though I appreciate the need for protocol, and I am sure the report only presented a portion of the story, I find the actions highlighted within it to be a case of political correctness run amok. As such, I ask that you reconsider your stance regarding Mr. Cubbage and reinstate this capable and honorable veteran to his duties at the Doyle Veterans Memorial Cemetery.

I find it abhorrent that a gentleman such as Mr. Cubbage could serve his country admirably, and further follow the rules and protocols prescribed by his honor guard manual, and still be summarily dismissed when another guard feigns disgust. In the absence of complaints from families attending the services, I see absolutely no reason why Mr. Cubbage should have been relieved of his duties and I feel that doing so is a black eye on the department and administration that folded to the pressure of potential conflict.

Respectfully,

John J. Mosko


posted by JM at 10:50 AM




Hey all... another potential miscarriage of justice in NY... Ronald Dixon blasted a criminal who had broken into his house and was found in his child's bedroom. The thug charged him and he fired twice. Dixon is a Navy vet and had just bought his home in the area. The NY DA is offering him a plea of four weekends at Rikers for using an "illegal gun" in the shooting. (Dixon bought the gun legally in Florida but had yet to "register" it in New York....)

Anyway, the Daily News reports here:
http://www.nydailynews.com/front/story/52803p-49473c.html

And you can email the DA here:
District Attorney Charles J. Hynes

Here's my letter:

District Attorney Charles J. Hynes:

After reading the article on Ronald Dixon in the Daily News, I am writing to urge you to reconsider your current position.

I find the prosecution of a Navy Veteran and an upstanding family man who engaged in the act of self-defense abhorrent. Not only did Mr. Dixon have to protect his family from a career criminal whom the system failed to incarcerate, now he must also worry that he will be incarcerated for doing so. This defies common sense and is an appalling miscarriage of justice. Mr. Dixon should be commended for his actions in defense of his family, and at most be asked to register the "illegal firearm" (Which the article mentions he "legally" obtained in Florida and was in the process of registering in NY.) To force this man to spend time in prison, jeopardizing his career, family, and home, would be a terrible case of "blaming the victim" and should be avoided at all costs.

Respectfully,

John J. Mosko

posted by JM at 10:21 AM


1.13.2003


Here's a brief update on the status of the comments I sent out to the Fairfax PD, etc... relating to the issue of alcohol enforcement "raids." Attached below are the response I received from Michael Vernak, Commander Reston District Station, and my comments back to him...

Michael,

Thank you for the email clarifying the events of the evening. Though I am still somewhat ill at ease with officials enforcing "public drunkeness" statutes within the confines of a bar or restaurant (regardless of their classification) without a direct request from the owner or patrons of the establishment, I appreciate that you took the time to thoroughly explain the position of the county and the participating enforcement agencies. Further, I can now understand the police actions as more than an indiscriminate holiday raid as was conveyed in the "generic" media reports.

On an aside, I wanted to let you know that it is refreshing to receive correspondence back from government officials (especially those whom my vote will likely ne'er effect). I find that all too often the comments and criticisms of the public fall on deaf ears when they reach "city hall," as bureaucracies and governments tend to be well insulated from the governed, and are at times less than forthcoming unless forced to be so by the glare of the media spotlight.

So again, thanks for the email and your correspondence. I appreciate that you took the time to respond to my comments.

John Mosko

> Your email concerning the Alcohol EnforcementDate: Mon, 13 Jan 2003 16:22:12 -0500
> "Vencak, Mike"
>Dear Sir:
>
>After a series of escalating violent incidents at a few establishments that serve alcohol in the Reston area, officers decided to implement an operation to combat the problem at its source. Police were repeatedly being called to the same few establishments as many as three times each night for alcohol-related problems such as large brawls (one involving over 60 people), assaults, disorderly persons and destruction of property. There was growing concern for the safety of patrons as well as the community as a whole. Prior to implementing any program of enforcement, a survey was conducted of all establishments serving alcohol in the Reston area in conjunction with the Virginia Department of Alcoholic Beverage Control and the Fairfax County Fire Marshals Office to develop a strategy. It was determined that those establishments to which officers were frequently called were the same ones with safety violations cited by those agencies.
>
> A joint operation was conducted on three evenings for six hours between December 8, 2002 and January 3, 2003 and during this time, officers in plain clothes visited as many as six establishments each night. The overwhelming majority of the establishments were in compliance with all laws; however, arrests were made in the same three establishments previously identified as non-compliant. A total of 12 arrests were made in those three establishments. Nine of those arrests were for persons who were drunk in public. The remaining three arrests were for drug-related charges and obstructing justice. The main purpose for enforcing alcohol-related laws in our community is to save lives. Being drunk in public has always been illegal in Virginia and this type of enforcement has been utilized for over 20 years. This is one component of a multi-faceted approach to solving alcohol-related crime which includes DWI checkpoints, roving patrols, underage alcohol sales stings, bar checks, and a large-scale education campaign.
>
>Virginia law designates establishments open to the public as public places, therefore law enforcement officers can enter these establishments to ensure public safety. If a person is deemed to be intoxicated, that person can be arrested for appearing drunk in public according to Virginia law. Contrary to some reports, police did not raid establishments dressed in SWAT gear, indiscriminately drag people off their barstools, force them outside and cart them to jail merely for having a cocktail. In fact, the nine persons arrested were identified as being heavily intoxicated. The lowest blood alcohol level detected was .14, which is almost twice that of the legal limit for driving. There is no established blood alcohol level for public intoxication, according to Virginia state law; intoxication is defined as "a condition in which a person has drunk enough alcoholic beverages to affect his manner, disposition, speech, muscular movement, general appearance or behavior."
>
>As a matter of legal obligation, law enforcement agencies are required to enforce laws related to alcohol use. The Fairfax County Police Department does not wish to stand by and treat the symptoms of alcohol use after an alcohol-related crash or death has occurred. Rather, we have proactively partnered with the Virginia Alcoholic Beverage Control and other regional law enforcement agencies to target the root causes of alcohol-related deaths. This is accomplished by enforcing the laws related to intoxication in public places, illegal purchasing of alcohol by underage persons, failure of merchants to adhere to legal requirements of the service of alcoholic beverages, and other crimes associated with alcohol consumption in public places.
>
>Unfortunately, during the last twenty years 8,346 Virginians lost their lives because of drinking and driving. During 2002, 62 people were killed in traffic crashes in Fairfax County and it is disturbing to note that 25% of these crashes were related to alcohol use. The cost in human lives, pain, suffering, medical and property damage is staggering. Four of the nine persons arrested in this operation for appearing drunk in public were arrested in their vehicles or as they approached their vehicles.
>The Fairfax County Police Department did not arbitrarily select alcohol establishments in the Herndon and Reston areas. The sites were selected based upon statistical data, calls for service related to alcohol violations, arrest data related to alcohol incidents (i.e., Driving While Intoxicated, Drunk in Public, assaults, etc.), crash data, and other reliable information regarding alcohol violations in and around these establishments. The enforcement of such laws is to clearly send a message to the community that we will not tolerate illegal use of alcohol, which is a major factor in creating deaths on our roadways and decreasing the quality of life in our neighborhoods.
>
>Lastly, our enforcement efforts have an educational component. The police department will be meeting with the managers and owners of all of the establishments where enforcement efforts took place. These meetings will be utilized to educate owners and managers about alcohol-related laws to prevent future violations of those laws.
>
>Captain Michael P. Vencak
>Commander, Reston District Station
>(703) 478-0904
>Email: Mike.Vencak@fairfaxcounty.gov
>

posted by JM at 2:30 PM


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