Kirk Sigmon

Probably shouldn’t have sued

September 3rd, 2010

Sony has recently sued company OzModChips to prevent them from selling and distributing PS3Jailbreak dongles, basically small USB drives that allowed purchasers to hack/modify their PS3 consoles. OzModChips, once they discovered the way to hack the PS3, stupidly “opened up shop” online and began to sell the modification tools online for about $100, making them a prime target for a lawsuit. To the best of my knowledge the hacking did not enable any sort of questionable features (as I don’t think the modded PS3s could run “backup” games), but Sony still found the hacking tools dangerous enough to sue.

The response by the hacker community?

The PS3Jailbreak code used by OzModChips was released open source, meaning anyone can download it freely as opposed to paying the $100+ the company charged before. The only caveat is that downloaders will have to purchase a USB development board to install the code on for it to work on the PS3, making the entire endeavor cost only about $20-30. There are now a ton of people (I know some) who would never have purchased the $100 dongle before who are now doing so because of the much cheaper price and readier availability.

Whoops.

Even Illegal Immigrants can’t find jobs

September 2nd, 2010

The population of illegal immigrants in the country has dropped from 12 million to 11.1 million. This change allegedly is the result of the poor economy and increased police efforts, essentially meaning that illegal immigrants are leaving because they can’t find jobs (just like the legal immigrants/citizens) and the risk is no longer worth the reward. The amusing facet of this change is that it indicates that it seems to partially refute the idea that illegal immigrants are all coming to America for our wonderful political system and great burgers — the motivations for many illegals may be simply economic and wholly contingent on their ability to draw cash from our system.

If many motivations are primarily economic, this presents a key problem: we have a base of presumably 11 million people who are here in America exclusively to leech off our economy until things get bad while simultaneously not paying taxes. This sort of behavior is reminiscent of a parasite drawing on a host’s blood until the host dies, in which it will move to a different host. With proper taxation of these illegals (by forcing them into citizenship or otherwise preventing them from taking jobs/cash), we might be able to lessen this draining effect illegal immigrants add to the economy. Still, with Republicans wanting to spend exorbitant money to kick illegals out due to misguided anger and Democrats wanting to essentially integrate illegals into the already burdened welfare system due to misguided charity, it seems unlikely either party will think of something so logical.

Darwin’s Lawsuit

September 1st, 2010

A New Hampshire teen is suing his teacher, his local school district and city because they “allowed” him to severely shock himself. According to the news report, Kyle Dubois critically injured himself by attaching one electric wire to one of his nipples, allowing a second student to clamp another wire to another one of his nipples, and allowing a third teen to plug both wires into a socket. Dubois was shocked to the point where his heart stopped beating. Dubois claims his teacher is at fault, stating the teacher was responsible for telling him the “dangers of the electrical demonstration”.

It’s too bad there is no such thing as a motion for dismissal on the grounds of stupidity.

The GOP’s gained 10 points in one month

August 31st, 2010

Over the last month, the GOP has taken a ridiculously high 10 point lead over the Democrats, the highest lead the GOP has ever gained in a midterm election since Gallup began doing the polls in the first place. This could be due to a number of things — a heavy amount of campaign work by the GOP to invigorate the voterbase, relative apathy from Democratic voters now that Obama is in office, various scandals against the Democratic party, and the like. Nonetheless, it seems as if the GOP might actually take back a lot of seats this November.

Spoiler: The Army doesn’t want law breakers

August 30th, 2010

For some reason, a lot of people tend to think that there are some laws that can be broken guilt free and some that really “matter”.

Case in point, take Martin Gilbert. Gilbert really, really wanted to join the Army. However, the Army didn’t want Gilbert, because Gilbert had been busted for possessing $5 worth of pot in his high school during a random drug check. Though Gilbert took drug education classes to make the charge go away, he was over 18, and the Army was able to find evidence of the conviction — and thus, he was barred from entering into the military. Gilbert, of course, is angry, saying the military’s “screening process seems flawed”. Really?

Being a soldier is a lot about obedience and the ability to follow rules. The inability to follow rules, then, is a big problem — no matter how silly the rules may be. Gilbert’s actions in high school displayed a distinct lack of respect for rules and law that would be utterly destructive if put in a military setting. It doesn’t matter if the amount of marijuana was only $.01, how old Gilbert was, or how silly the marijuana laws are — it matters that Gilbert broke the law intentionally.

You break the law, you pay for it. Case closed.

California AB 1179 — Selling Violent Games to Minors Illegal?

August 29th, 2010

The State of California wants to enact AB 1179, a bill that would essentially make it illegal to sell or rent “violent” video games to minors. Because violent video games (allegedly) cause “psychological harm”, reduce frontal lobe activity, and incite feelings of “aggression” (see AB 1179 (1)), the California legislature has determined that it has a compelling interest in restricting the flow of these games. In defining a violent video game, California looks to a bevy of factors, including whether or not a “reasonable person” would find that the game appeals to the “deviant or morbid interests of minors” and whether or not “as a whole, [the game] lack[s] serious literary, artistic, political, or scientific value”. Those caught selling/renting titles defined as such can be fined up to $1,000.

The question is, of course, is this legal or constitutional? Hell no.

First off, if you read AB 1179, you will notice that the California legislature fails to prove (or even attempt to prove) that violent video games cause psychological harm or incite feelings of aggression. There is no definitive evidence proving a connection between video games and aggression, let alone video games and “psychological harm”. There is plenty of evidence on both sides, but problems are rife, and nothing is certain. The California legislature, in this bill, simply states this connection as a fact, with absolutely no precedent or reasoning behind it.

To put this in different terms, it would be as if the California legislature said in a bill that they determined a connection between reading The Catcher in the Rye and killing people, so they decided to ban the book entirely. There are certainly people who have claimed the book made them kill people, but that doesn’t make the connection anything close to believable, and there’s certainly no definitive scientific proof to back up this assertion either. No matter what the connection or the topic, legislative power is not the power to determine fact in the absence of proof. It certainly doesn’t allow you to restrict free speech in the absence of legitimate reason.

Second off, the bill itself is far too vague to be administratively feasible. Who is going to decide if a video game appeals to “deviant or morbid interests”? Who determines if a title has “literary, artistic, political, or scientific” merit? How in the world would you even begin to devise a rubric to make aesthetic judgments like this? Even worse, since when does the government legislate based upon brain activity?

You know, because violence and video games are directly connected.

Consider, for example, the game Call of Duty: Modern Warfare. Is it violent? Absolutely, you shoot hundreds of people. However, is purely for “deviant or morbid interests” and devoid of “political merit”? That’s hard to decide. The game is violent, but it also makes a point regarding warfare and politics. There’s a particularly harrowing scene in the game, for example, where you play a soldier dying in the impact of a nuclear blast. That’s powerful stuff, and fairly gruesome/violent — but would that be considered “morbid”? In an incredibly infamous episode in the game’s sequel, you play alongside a team of Russian terrorists who massacre innocent civilians in an airport. The point of this scene is not violence for its own sake, but to shock and unsettle the player and to make them realize the gravity and inhumanity of terrorism. Is this scene for “deviant interests”? Does it even matter that in either of these games the frontal lobe of the brain may remain relatively inactive?

But let me come clean here: I have a personal reason for hating this bill. I’ve been playing video games as long as I can remember. One of my first memories involves playing a video game, and there has never been a part of my life since then when I was not playing video games. I played them as a preteen in Germany, as a teenager in my parents basement, as an undergraduate crammed into a small room in Japan, and I continue to do so today as a law student. Video games helped me learn to read, to think, to relax, and to enjoy myself. I was not restricted to playing innocent games, either — in my childhood, I played some games that are now, to the best of my knowledge, banned from the entire U.S. due to being incredibly violent/sexual/whatever.

The thing is, video games didn’t “ruin” me. My frontal lobe works just fine, and I’m not a raving murderous lunatic, though I’ve played games where I played a raving mad raping murderous lunatic. Considering millions of people play video games every day without turning into psychotic killers, we can presume that there are a lot of people like me. Video games are simply methods of entertainment — I do not see how they can be so easily used as an excuse for deviant behavior.

There certainly may be a good interest in keeping minors away from violent and pornographic material — but that’s mainly up to parents, not up to legislators. State government is not tasked with being a parent of every single child in California, determining what is “good” and “bad” for them on an entirely arbitrary scale. This bill needs to be ceremonially burned, not passed.

ISPs are not responsible for protecting you online

August 28th, 2010

A cornucopia of “victim’s organizations” in the UK are coming out swinging regarding online stalking, claiming — I kid you not — that ISPs (Internet Service Providers) should take “moral and ethical and corporate responsibility” regarding online stalking/bullying.

Online stalking is a big deal, if you would believe the overblown news reports on TV. Many people claim that they have been stalked and harassed via websites like Facebook by users who made disparaging remarks via private message or posted insulting information about them. This harassment is usually done by someone with a chip on their shoulder (meaning online bullying ends up becoming a conduit for real life bullying), but it often can be done by wholly anonymous bullies looking for a laugh. The “victims” of this online stalking usually assert that the police will/should help them by arresting the bully or otherwise monitoring the internet for their protection.

First off, let’s get something straight: most “cyber bullying” is something the so-called “victims” can avoid. Don’t like what someone tells you on a forum? Delete your account, or get a new one. Don’t want people finding you on Facebook and copying your photos? Don’t use the website. Angry about e-mails you get from someone? Block their e-mail address or get a new one. Irritated random people are messaging you? Lock down your profile privacy settings. Other than minor inconvenience, there is very little prohibiting you from simply avoiding being the target of online harassment. Furthermore, there is no reason why government resources should go to policing the 100% voluntary internet simply because it offends you — it is a method that would be prohibitively expensive, both in terms of actual money and in terms of the potential loss of free speech.

There are instances when the police can and should police the internet. These instances can include trying to cull the availability of child pornography, acting on legitimate threats (like death threats communicated via Facebook), and the like. These all share a single common thread: they involve real crime off the internet simply displaced on the internet. Making fun of someone’s haircut, in real life or online, is not a justifiable reason to phone the cops.

It’s absolutely ludicrous to expect ISPs to play internet police. ISPs are not in the business of policing or controlling the internet — they are providers of a service, companies that merely allow you access to a portal to information outside of their control. They do not have a “moral”, “ethical”, or “corporate” responsibility to ensure what you do online makes you feel good. I’ve argued this before regarding ISP desires to control information on the internet — they have, and should have, no control over what I do online.

To prove my point, let me address one of the stories put forth in the BBC article:

One victim, who did not want to be named, told the BBC she was subjected to abuse, insults and death threats from a stranger online over a five-year period. She described receiving up to 30 messages every day. Her work meant she had to be contactable online but she never replied to the messages and continually blocked the sender. However, her stalker simply changed their profile and continued to track, abuse and threaten the woman and her family.

Describing her experience, she told the BBC: “There were messages that they were going to hire a hit man to come and get me [and] they were going to cut my throat – really obscene messages. “I constantly reported it to the police. I didn’t feel I had the same support that someone would have if they were stalked offline. It was very much ‘turn the computer off, change your name online’. I felt the support wasn’t there and that was what was more upsetting because I felt very trapped and nobody could help me at all.”

This sounds like a pretty rough scenario. Too bad it could have been easily and quickly remedied by doing two things:

  1. Changing her online contact information and controlling it better. She may have had to have been “contactable”, but how available did she make herself? Why did her work require it? The fact that the stalker changed their “profile” (as opposed to e-mail) indicates to me she was using a website, like a freelancer site or something of that nature. She could have simply avoided that website. There is no such thing as a “right” to use a website. At minimum, she could have updated her security settings on the website she was using to reject contact from unknown users, new users, etc.
  2. Not contacting the person back. I know this sounds silly to mention, but a stalker does not continue e-mailing for five years unless they are getting responses. What this article likely overlooks is that the woman in question likely complained and sent back argumentative e-mails, which encouraged further stalking/harassment. When I have advised people on how to manage online problems with their reputation (which I have done for both politicians and whiny 18 year old girls who put naked pictures of themselves online, two groups who behave in strikingly similar ways), this was always my focus: people only find something amusing and actionable for a long time if you respond and keep the proverbial ball rolling.

Regardless of ways in which this woman could have avoided the problem herself, the fact of the matter is that ISPs could not have done a damn thing to stop the harassment. They sell data access — they do not control websites with user profiles on them or anything close to it. They can not (and should definitely not) monitor the actions of their customers to determine who-is-stalking-who. ISPs are like electric companies — they sell access to a product. I don’t call my cable company and demand they monitor and protect me from women’s hygeine product advertisements because I find them offensive (and a shade disgusting), and similarly, I don’t call up my ISP and whine if someone makes fun of me online. In both instances, it is my responsibility to “change the channel”, literally or figuratively.

Hitler in a Yearbook

August 27th, 2010

Godwin’s Law is a fairly popular internet law that states that as an online discussion furthers, the probability of a comparison to Nazis or Hitler approaches 1. The reason for this is fairly simple — in the American mindset, some of the absolutely most evil people we can imagine are Nazis and Hitler, and using them as extreme examples is ridiculously easy. For example, if I don’t like someone’s political views, I can just say “you’re a Nazi!” or “Hitler would have believed that”. The Nazis and Hitler are considered to be the absolutely worst people you can support, regardless of context.

Case in point, a Pennsylvania High School accidentally included a quote from Adolph Hitler in their yearbook. Though the quote is fairly innocuous (“And in the last analysis, success is what matters”), the context of the quote, where it is placed in a yearbook right beside pictures of smiling teens on Page 190, has drawn the ire of parents and the news media.

I’m just absolutely amazed that their yearbook has over one hundred and ninety pages. It is no wonder they had to use a quote from Hitler — I imagine they used every other quote they could find on the other 189 pages.

The “American Idol” of education funding?

August 26th, 2010

I’ll confess, I don’t quite understand why education funding was given out to states in an “award” sort of process through the “Race to the Top” program. On one hand, I see the point of such a contest — encouraging states to work hard and to improve themselves, among other things — but it seems as if in the long run such a program simply ends up arbitrarily punishing students who have luck of being in a state ill equipped to play bureaucratic “American Idol”.

The big news of the day is that New Jersey got shafted in the “Race to the Top” program over a small, relatively insignificant paperwork error (specifically, the state answered something about FY 2011 in a question about 2008/2009). While the Governor of New Jersey, Chris Christie, admits to his error, he’s also angrily ranted against the Obama administration, very correctly arguing that such a small error does not justify withholding $400m from the state in educational funding. Democrats, naturally, are now defaulting to a sort of Darwinian, “survival of the fittest” rhetoric to blame the Governor and to deny responsibility on the part of the President.

But let’s sit back and look at this situation anew.

First off, let’s get something clear: arbitrarily awarding states huge grants based upon their ability to dance and sing for federal bureaucrats is stupid. The intent of Race to the Top, to promote state education reform, is a good idea — but in reality, the criteria used to determine the quality of reform ended up being a series of empty and almost entirely arbitrary rubrics. What this failed contest system means is that students in states that somehow serendipitously do well in this contest will thrive, whereas other equally deserving students will be punished simply for residing in the wrong location. There may be some states that legitimately have great reform ideas, but that does not mean their interests justify implicitly taking away the potential for grants from other states.

There really is no easy way to give grants like this, but I still think the entire affair is quite questionable. Students all across the US are in need of better education systems — whether their Governor can fill out a form properly or not is irrelevant.

Government Power versus Corporate Censorship

August 25th, 2010

I have mixed feelings about the Tea Party. On one hand, I think that they have much more of a legitimate point than most people attribute to them — they are a sign and a symbol of American dissent, and an indicator of how truly bad things have gotten economically and politically. I’ve never quite understood the allegations of racism levied against the Tea Party, and somewhat secretly I’ve always assumed them to be some sort of Journolist-esque attempt by Democrats to quash dissent. On the other hand, however, I tend to have a strong distaste for protesters, and I’ve seen a lot of ridiculous rhetoric out of so-called “Tea Partiers”. The Tea Party tends to start off well (“we’re being taxed too much”) and end up in the weeds quickly (“[insert state here] needs to secede from the union”), meaning I have a hard time taking them seriously most of the time.

But there is oneĀ  thing I can unequivocally stand against the Tea Party on with no questions: net neutrality. Somewhat stupidly waving the banner against government power, many Tea Partiers are coming out vehemently against net neutrality, claiming that the government preventing corporate intervention in the internet would be an expensive overexertion of government power. The assertion, of course, is that it is an affront to “free speech and free markets”.

Really?

The concept of net neutrality is very much focused upon the idea of free speech and free markets. Net neutrality simply limits companies from “tiering”, censoring, or otherwise tampering with internet access they provide, thus providing paying customers with unconditional, unrestricted access to the internet. This is done to help both customers and website owners, both of whom who would fundamentally lose money if ISPs arbitrarily charged money based on internet usage. Even more worrying, the lack of net neutrality legislation could easily result in a hindering of free speech — for example, who would be surprised of Comcast began to “accidentally” block websites containing anti-Comcast information?

I’m a big fan of laissez-faire economics. The problem is, 100% pure laissez-faire does not entirely work — the government has to, in many situations, regulate the interactions between consumers and companies to ensure fair trade for both parties. In the case of net neutrality, in a perfect world, net neutrality would not be entirely necessary — however, we are far from a perfect world, and the purported detrimental effects net neutrality legislation would have (supposedly squashing free markets) would be quickly trumped by the positive effects (support of free speech, etc).


Kirk Sigmon
Web Designer, PR Specialist, Campaign Advisor, Entrepreneur, CEO
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