cellio: (Default)
2023-02-20 01:22 pm
Entry tags:

Section 230

The Supreme Court will soon hear a case that -- according to most articles I've read -- could upend "Section 230", the law that protects Internet platforms from consequences of user-contributed content. For example, if you post something on Facebook and there's some legal problem with you, that falls on you, as the author, and not on Facebook, who merely hosted it. This law was written in the days of CompuServe and AOL, when message boards and the like were the dominant Internet discourse. While there's a significant difference between these platforms and the phone company -- that is, platforms can alter or delete content -- this still feels like basically the "common carrier" argument. This makes sense to me: you're responsible for your words; the place you happened to post it in public isn't.

[personal profile] osewalrus has written a lot about Section 230 over the years -- he explains this stuff better and way more authoritatively than I do. (Errors are mine, credit is his, opinions are mine.)

When platforms moderate content things get more complicated, and I'm seeing a lot of framing of the current case that's rooted in this difference. From what I understand, that aspect is irrelevant, and unless the Supreme Court is going to be an activist court that legislates, hosting user-contributed content shouldn't be in danger. But we live in the highly-polarized US of 2023 with politically-motivated judges, so this isn't at all a safe bet.

The reason none of that should matter is that the case the court is hearing, Gonzales vs. Google, isn't about content per se. It's about the recommendation algorithm, Google's choice to promote objectionable content. This is not passive hosting. That should matter.

The key part of Section 230 says:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. (47 U.S.C. § 230(c)(1)).

The court can rule against Google without affecting this clause at all. The decision shouldn't be about whether Google is the "publisher" or "speaker". Rather, in this case Google is the advertiser, and Section 230 doesn't appear to cover promotion at all.

I'm not a lawyer, and I'm not especially knowledgeable about Section 230. I'm a regular person on the Internet with concerns about the proper placement of accountability. Google, Twitter, Facebook, and others choose to promote user-contributed content, while platforms like Dreamwidth, Mastodon, and many forums merely present content in the order in which it arrives. That should matter. Will it? No idea.

Moderation is orthogonal. Platform owners should be able to remove content they do not want to host, just like the owner of a physical bulletin board can. In a just world, they would share culpability only if objectionable content was brought to their attention and they did not act. At that point they've said it's ok, as opposed to saying nothing at all because nobody can read everything on a platform of even moderate size. This is how I understand the "safe harbor" provision of the Digital Millennium Copyright Act to work, and the same principle should apply. In a just world, as I said, which isn't the world we live in. (I, or rather my job title, am a registered agent for DMCA claims, and I have to respond to claims I receive.)

I really hope that the court, even a US court in 2023, focuses on the key points and doesn't use this case to muck with things not related to the case at hand.

cellio: (Default)
2021-11-02 08:42 pm
Entry tags:

ballot problems

Here in Pittsburgh, voting by mail in 2020 and in this year's primary was smooth for me. Ballots were mailed in time, the process was smooth, tracking worked. Naturally I assumed that for the minor off-year election today, the same would be true. Boy was I wrong.

My ballot was spoiled on arrival. It had my name printed on it (uh, secret ballot anyone?) along with a bar code. It was printed across part of the ballot, obscuring some candidate names. There were no return envelopes, neither the secrecy envelope nor the outer one with identifying info (the one you mail). Just this misprinted ballot in an envelope sent to me.

I visited the URL printed on that envelope and submitted a support ticket. Crickets. Later I called the phone number listed there. When I finally reached a human, the person said "oh you've reached the state; you need your county". So I tried to track them down. No luck.

It was now a week before the election. No time for a replacement ballot to arrive and be received back. I looked up how to vote in person (and confirmed their Covid protocols).

I want to interject that the people at my polling place today were great. This isn't their fault. They did everything they could to deal with this problem not of their making.

I learned this morning that this ballot misprinting happened to other people too. Mine was the first case in my precinct at my polling place, so they had to look up the instructions for handling a surrendered mail-in ballot. I had brought everything I received, as instructed. I filled out the form. Then they saw in their documentation that I had to hand over the ballot and the two return envelopes. The return envelopes I never got. We all agreed that my name being printed right on the ballot ought to confirm my ID for validation purposes (that's why they want the outer envelope, where my name should have been printed), but we didn't feel safe relying on logic. This is government, after all.

They offered to escalate so I could vote now but said that could take a while -- how long could I wait? I was on my way to work (I now go to the office one day a week). Fortunately my workplace is flexible that way, but I still didn't have another hour to spend on this at the time. I considered leaving and coming back after work, but figured anybody who could help worked 9-4 or something like that and wouldn't be available anyway.

So I cast a provisional ballot. I'm assured it will be counted some days hence. I have a tracking number. This still feels very wrong.

Even though my vote will probably be counted, even though it probably doesn't make a difference this time, I feel disenfranchised. What happens in the mid-terms next year when people are more motivated to place hurdles in front of voters? What happens to voters who are likely targets (like immigrants) or have mobility challenges or who lack confidence in standing up for their rights? I'm a white professional in the heart of a very blue city (albeit in a purple state) who had the time and perseverance to try to chase this down after the bad ballot arrived. I have way more advantages than many, and I failed. What hope did others have?

The problem wasn't at the state level where most of the attention is, and it wasn't actual election tampering as far as I can tell. It was an error made by the county that affected an unknown number of people. Nobody's watching counties in all the election shenanigans. I'm in Allegheny County, not voter-suppression-ville. This was an accident, but I couldn't get it corrected.

Brr.

picture behind cut )

cellio: (shira)
2016-11-17 11:54 pm
Entry tags:

ADL: "never is now"

A friend sent me a link to this speech from the CEO of the Anti-Defamation League at a conference today. Excerpt:
And let me say this. There recently have been reports that the new Administration plans to force Muslim-Americans to register for some sort of master government list.

Look, Islamic extremism is a threat to us all. But as Jews, we know what it means to be registered and tagged, held out as different from our fellow citizens.

As Jews, we know the righteous and just response. All of us have heard the story of the Danish king who said if his country’s Jews had to wear a gold star…all of Denmark would too.

So I pledge to you right here and now, because I care about the fight against anti-Semitism, that if one day in these United States, if one day Muslim-Americans will be forced to register their identities, then that is the day that this proud Jew will register as a Muslim.

Because fighting prejudice against the marginalized is not just the fight of those minorities. It’s our fight. Just as the fight against anti-Semitism is not only the fight of us Jews. It’s everyone’s fight.

The rest is worth reading too.
cellio: (hubble-swirl)
2016-11-16 11:29 pm
Entry tags:

signal boost: pushing back on fascism

If you don't already read [livejournal.com profile] jducoeur, you should take a look. But especially after this election post and the first post in a series on fighting fascism, I think a lot of my readers will be interested. Justin writes thoughtful, nuanced commentary and avoids pigeon-holing people. I'll be watching this new series with interest.
cellio: (don't panic)
2016-10-09 06:14 pm
Entry tags:

voter registration

With all the drives to get people registered to vote in time for the November election, and at least one state reportedly headed to court over deadlines (caused, apparently, by Columbus Day being a holiday), I've been wondering... why do we even need voter registration today? (Aside from preserving some government jobs, I mean.) What's wrong with saying: show up at the poll in your assigned location, show proof of citizenship and of residence, be checked against a list of people who can't vote (mainly people who've already voted, but I think felons can't vote?), and vote. Since voting is districted, election officials can make sure any no-vote list is distributed to the right places in advance -- no Internet connection required. From there, it's just checking that the person is in the right polling place and hasn't already been here. Nobody has to have done paperwork in advance; everybody who's eligible and wants to gets to vote. Wouldn't this enfranchise more voters than the current system?

(You already have to give your name when you show up to vote and be checked off the list, so there's no privacy issue that isn't already present.)
cellio: (avatar-face)
2016-06-23 11:26 pm
Entry tags:

ballot access

Tonight outside the grocery store a man holding a clipboard approached me.

Him: Are you registered to vote?
Me: Yes.
Him: Would you be willing to sign a petition to get a third-party candidate onto the ballot?
Me: Quite likely -- which party?
Him: Libertarian.
Me: Oh good; I've been hoping a petition for Gary Johnson would cross my path. Gimme that.
Him: Sounds like you're politically active.
Me: If I were active I'd have my own petition.
Him: Sounds like you're politically informed.
Me: Yeah, that's closer.

Ballot access is rigged by the two major parties to, as much as possible, keep everybody else out. Other parties need to gather a disproportionate number of signatures, for each race, to get a candidate onto the ballot. And it's pretty much a given that the major parties will challenge the petitions for other candidates, so in practice you need to collect three or four times as many signatures as you officially "need", just to be safe. This is why I was very likely to sign the petition even before knowing who it was for (though if it had been someone repugnant I'd've said no).

Smaller parties are better served trying to gain local and state offices; the White House and probably Congress are out of reach. But there's more publicity to be had for national races, and this year especially I think it's worth giving serious consideration to alternatives. Gary Johnson is a pragmatist, not a hard-line idealist, and he has experience with the realities of the political world (he was governor of New Mexico). I hope we get more of a chance to passively hear what he has to say.
cellio: (hubble-swirl)
2015-06-28 10:26 pm
Entry tags:

about religion and the Supreme Court decision

I'd like to thank [livejournal.com profile] dglenn for bringing this to my attention:
"[...] as an Orthodox rabbi who does not officiate at same-sex marriages [...] My 'side' did not lose, because my side is never defined by any one position on a matter of ritual or liturgy, no matter how important that matter may be. My side, I hope, is God's side, and the God in whom I believe is infinite -- bigger and more complex than can be reduced to any single decision, or even any single tradition, for that matter." -- Rabbi Brad Hirschfield, I am an orthodox rabbi who doesn't perform gay marriages, but I celebrate today's Supreme Court decision, 2015-06-26.

I am heterosexual and religious. The Supreme Court decision to recognize a secular, legal status does not in any way harm my religious rights, nor anybody else's. Why should my gay friends be barred from the legal and financial protections, and obligations, that I and my husband have? (I do wish they'd declared "civil unions for everyone" and taken the term "marriage" completely out of the law, but I presume they can't do that on their own.)

No clergy with objections to gay marriage need officiate. That's proper; most rabbis won't perform marriages between Jews and non-Jews, Catholic priests won't remarry those who are divorced, and I presume there are other examples. The courts continue to uphold your religious rights.

Except for that one some claim of imposing their religious mores on others. That one took a little damage Friday.
cellio: (B5)
2014-08-31 05:38 pm
Entry tags:

ISIS et al

Dear Mr. President,

Please allow me to propose a strategy for dealing with ISIS, since you've said you don't have one but seem to be reaching for the "fire" button for a war that does not have clear national objectives. Please try this one instead:

"Dear Arab world: You sow what you reap. You arm, finance, and encourage Hezbollah, Hamas, and Al Qaida on the one hand but look to us to bail you out from ISIS and friends on the other. What chutzpah. Until you decide that terrorism and brutality are not acceptable even when directed against Jews and westerners, you're on your own. Let's see how that works out for you."

Seriously, why are we even considering helping Syria??? Yes, I know there is a humanitarian crisis. There was one before ISIS too, at Assad's hands. Government-directed humanitarian crises have a long and sad history in the middle east.

The state sponsors of terror will never change their ways if they know they can get our help when those terrorists turn their gazes palace-ward. This is not our fight, and it'll be good for them to learn a lesson, even though there is a civilian cost. We should stay out of it.
cellio: (avatar-face)
2014-07-01 10:21 am

The Supremes

Dear SCOTUS,

Let me see if I have this right: A corporation that has a small number of shareholders, like a family, is a "person", and a corporate "person" can reject at least one legally-required expenditures it objects to on religious or moral grounds, and thus Hobby Lobby doesn't have to follow Obamacare's requirement to fund contraception. Got it.

A corporation, while maybe a "person", is clearly no more of a "person" than an actual, real live person, like me. There are legally-required expenditures that apply to me that I object to on religious or moral grounds too. So, dear SCOTUS, could you please clarify which of those I can opt out of? If Obamacare or contraception is somehow unique, please specify how. If you say that I can't opt out, why not? Surely you're not saying that, for example, Hobby Lobby has more rights as a person than I do?

(Quite aside from how you feel about any particular law, while it's a law it should apply equally -- or there should be a clear reason that cases aren't equivalent.)
cellio: (demons-of-stupidity)
2011-07-26 09:34 pm
Entry tags:

national debt

For days I've been wanting to post something long and thoughtful about our current national woes, but other people (particularly [livejournal.com profile] osewalrus are covering that ground quite well and the words just haven't come. In lieu of that post, I'll share the messages I sent to my representatives in Congress. (I kept them short in hopes that this might increase the odds of some aide reading them from nil to near-nil.)
Read more... )
cellio: (lj-procrastination)
2011-05-01 09:35 pm

short takes

I interrupt preparations for the class I'm teaching next week at the music and dance collegium (gosh, I hope I have this calibrated right...) to pass along some random short bits.

Dear Netflix: I appreciate the convenience of your recent change to treat an entire TV series as one unit in the streaming queue, instead of one season at a time like before. However, in doing so you have taken away the ability to rate individual seasons of shows, which is valuable data. It also makes me wonder, when you recommend things to me based on my ratings, if you are giving all ratings the same weight -- 200 hours of a long-running TV show should maybe count differently than a two-hour movie. Just sayin'.

These photos by Doug Welch are stunning. Link from [livejournal.com profile] thnidu.

How Pixar fosters collective creativity was an interesting read on fostering a good workplace. Link from [livejournal.com profile] nancylebov.

Speaking of the workplace, I enjoyed reading how to run your career like a gentlewoman and several other articles I found there by following links. Link from [livejournal.com profile] _subdivisions_.

Rube Goldberg meets J.S. Bach, from several people. Probably fake, but it amused me anyway. (This is a three-minute Japanese commercial. Do commercials that long run on TV, or would this have been theatrical, or what?)

Speaking of ads, in advance of our SCA group's election for a new baron and baroness today, the current baron sent around a pointer to this video about an upcoming British referendum on voting systems. Well-done! (Of course, I agree with both the system and the species they advocate. :-) ) I wish we had preference ballots in the US.

A while back a coworker pointed me to how to make a hamentashen Sierpinski triangle. Ok ok, some of my browser tabs have established roots; Purim was a while ago. But it's still funny, and I may have to make that next year.

Speaking of geeky Jewish food, a fellow congregant pointed me to The Kosher Guide to Imaginary Animals. which looks like fun. I've certainly found myself in that kind of conversation at times (e.g. is unicorn kosher? well, is it a goat (medieval) or a horse (Disney)?). Some of you have too, I know. :-)

[livejournal.com profile] dr_zrfq passed on this article about a dispute between a church and a bar. Nothing special about that, you say? In this case the church members prayed to block it, the bar was struck by lightning, the bar owner sued, and the church denied responsibility. I love the judge's comment on the case: “I don't know how I’m going to decide this, but as it appears from the paperwork, we have a bar owner who believes in the power of prayer, and an entire church congregation that does not.”

47 seconds of cuteness: elk calf playing in water, from [livejournal.com profile] shalmestere.

I don't remember where I found the link to these t-shirts, but there are some cute ones there.

cellio: (mandelbrot-2)
2010-11-02 09:29 pm
Entry tags:

thoughts on election day (not about candidates)

Voting reforms I would like to see (unlikely as they may be):

1. No "vote straight party" options. The right to vote is important and was hard-won; it is not too much to require that you actually vote for candidates.

2. All voting is write-in. If you can't bother to learn, or write down, some approximation of the names of your chosen candidates, why are you voting for them? All reasonable permutations of spelling accepted (to be determined in advance for each candidate). Nice side bonus: it might reduce negative campaigning, which repeats the opposition candidate's name all over the place...

3. No handing out of campaign literature at the polls. Signs are fine (at distances specified by law), but no hand-outs that subvert #2 and create a waste problem.

The goal of all three: a more-informed electorate. When asked who you voted for you should be able to say something more specific than "the Democrat". It might take a little longer to vote and a little longer to count the results, but isn't it worth it?

And finally:

4. Ranked voting, so that people can vote for perceived dark horses without feeling they've implicitly voted for the greater evil among the front-runners. (You see this all the time -- "I'd like to vote for X, but the bad guy is ahead so I need to vote for the less-bad guy who could actually win instead". So other parties get few votes and the cycle continues.) There are merits to both the Worldcon-style "Australian ballot" (do Australians actually vote that way?), where you keep eliminating the lowest vote-getters until a majority emerges, and point tallies, where top position is worth N points, next on N-1, and so on, and most points wins. Either scheme is better than what we do now.

Now that would be an enpowered electorate!

cellio: (mandelbrot)
2010-11-02 09:11 pm
Entry tags:

Writer's Block: Vote early, vote often

[Error: unknown template qotd]

Gosh, I wish the asker of this question were kidding.

I vote on issues, either directly or at the meta level. An example of the latter: as [livejournal.com profile] grouchyoldcoot pointed out last night, Pennsylvania is losing a congressional district due to the recent census, and the state legislature and governor together decide the new boundaries. I favor the Republican candidate for governor (I don't think we can afford Onorato, who is likely to continue the current governor's reckless policies), so it matters that the Democrats dominate at least one house in the legislature. Under other circumstances I probably would not have voted for the Democratic incumbent, but I did today. Did it help? We'll see, I guess. But I feel strongly enough about the issues that I wasn't willing to ignore them and vote for the Democratic candidate for governor even though the Republicans have a strong presence in the legislature now. We can survive a Republican-drawn redistricting more easily than we can survive a continuation of Ed Rendell's policies.

(For those who are wondering, I don't particularly like either of the candidates for US Senate, but Pat Toomey scares the crap out of me so I voted for Joe Sestak.)

I tend to vote for Libertarians when they appear on the ballot (none today), but only if they pass basic due diligence on the issues. They have to be little-l libertarians too and not just people who got enough signatures on a petition to run. As I think we've all come to learn, minor parties can easily attract wackos.
cellio: (out-of-mind)
2010-06-15 09:02 pm
Entry tags:

AZ, ur doing it rong

On the heels of passing legislation to place local police officers between a rock and a hard place, Arizona is now proposing (state) legislation to deny citizenship to people born of illegals. I say this from the bottom of my law-respecting soul: Arizona, WTF?

Read more... )

cellio: (tulips)
2010-04-04 02:12 pm

short takes (link round-up, mostly)

Pesach has been going well. Tonight/tomorrow is the last day, which is a holiday like the first day was. Yesterday Rabbi Symons led a beit midrash on the "pour out your wrath" part of the haggadah; more about that later, but it led me to a new-to-me haggadah that so far I'm liking a lot. (I borrowed a copy after the beit midrash.) When I lead my own seder (two years from mow, I'm guessing?) the odds are good that it will be with this one.

Tangentially-related: a short discussion of overly-pediatric seders.

Same season, different religion: researchers have found that portion sizes in depictions of the last supper have been rising for a millennium, though I note the absence of an art historian on the research team.

Same season, no religion: I won't repeat most of the links that were circulating on April 1, but I haven't seen these new Java annotations around much. Probably only amusing to programmers, but very amusing to this one.

Not an April-fool's prank: [livejournal.com profile] xiphias is planning a response to the Tea Party rally on Boston Common on April 14: he's holding a tea party. You know, with fine china and actual tea and people wearing their Sunday (well, Wednesday) best. It sounds like fun.

Edit (almost forgot!): things I learned from British folk songs.

From [livejournal.com profile] nancylebov: Harry Potter and the Methods of Rationality looks like it'll be a good read. Or, as [livejournal.com profile] siderea put it, Richard Feynman goes to Hogwarts.

Real Live Preacher's account of a Quaker meeting.

Thanks to [livejournal.com profile] jducoeur for a pointer to this meta community over on Dreamwidth.

I remember reading a blog post somewhere about someone who rigged up a camera to find out what his cat did all day. Now someone is selling that. Tempting!

In case you're being too productive, let me help with this cute flash game (link from Dani).

cellio: (sleepy-cat)
2009-01-20 09:57 pm

random bits

Having completed the first pass at digitizing or replacing our folk music on old media (we still need to do some proof-listening), Dani and I are merging our iTunes libraries so this might be easier going forward. Oof. We're up to "S" so far. "T" is big because it includes all the "The"s. Tracking changes (e.g. to tagging) going forward is still going to be a bit of a challenge.

Was Joe Biden president of the US for about 5 minutes today? (We were watching in a conference room at work, and it was several minutes past noon before they got to Obama's swearing-in. So I'm curious.)

In English we say "it's all Greek to me". What do speakers of other languages say? Whom do they implicate? Wonder no more; Language Log has a nice graph of some of these. I admit to being surprised by China's designee.

What if the stop sign were designed by corporations? (link from [livejournal.com profile] filkerdave)

As [livejournal.com profile] dsrtao said, an airline charging a cancellation fee when they rebooked you on a downed flight is near-canonical chutzpah. (Yes, I saw the note that they recanted.)

This story of a mailing list gone wrong (from Microsoft) made me laugh. And sigh, because while I haven't had to deal with quite that level of mess, even 20ish years after mailing lists started to become broadly accessible, there are still an awful lot of people out there who don't behave appropriately.

There's an interesting discussion of filtering and politeness on social networks over on CommYou.

Note to self: if Shalom Hartman Institute is too expensive this summer, the Aleph kallah might be an alternative. It could be good or it could be too esoteric for me; I can't tell from the available information. When they post class descriptions I'll have a better idea. I had a similar concern about NHC but it turned out to be good, so I'm keeping an open mind. Has anyone reading this gone to one of these?
cellio: (lj-cnn)
2008-11-04 12:43 pm
Entry tags:

barely a line

My voting place is a school gym that hosts four precincts. This morning the line for one of them (14/25, I think, for you locals) was about 50 people long, while the others were only 2-3 people long. Fortunately for me, I'm in 14/23, and there was one person ahead of me at the table. Time of arrival at the building (not the gym): 8:35. Time out, including a stop at the bake sale (the school kids actually went to the trouble to have kosher goods, so I rewarded that): 8:48. I hadn't seen in advance the text of the one ballot question, so that might have accounted for as much as one minute of my time there. All in all, this was much smoother than I expected, and I was at work by 9:05. (I think it took me longer to vote in the mid-terms two years ago.)

I saw no campaigners or pollsters at all, by the way -- pretty unusual.

If I correctly interpreted things, I was voter #82 in my precinct. I understand turnout is supposed to be high today, but you can't tell that from my precinct.

I have never had, or even seen ("in the flesh"), an "I voted" sticker. We get paper stubs -- "receipts" in the sense of showing we were there, but there is no paper trail for actual votes.

I had received some private offers from "non-swing" states of vote trades, but in the end I decided that my vote for Bob Barr in PA is more important than that vote would be in some other state. In PA it affects our ballot access, among things; in another state it's just a statistic -- so in my eyes my vote here is worth many times what it would be worth in a trade scenario. I didn't feel it would be ethical (and perhaps not legal) to ask for an exchange rate other than 1:1.