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Broadcast Flag Sneak Not Attempted

Trizero writes "THOMAS, one of the best sources for Congressional action on the Internet has shown that no amendments occured to the CJS Appropriations Bill. Monday, Slashdot covered the EFF announcing a rumor that a senator was attempting to sneak an amendment to bring the Broadcast Flag into law. From THOMAS (scroll down to the bottom): "6/21/2005: Committee on Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies. Approved for full committee consideration without amendment favorably." Translation: No one attempted to sneak the Broadcast flag into law." Update: 06/22 18:55 GMT by J : The EFF's new Activism Coordinator, Danny O'Brien, sees this as a victory for swift citizen action. Impressive numbers. Nice work by EFF and Public Knowledge, and everyone who raised their voice.

33 of 365 comments (clear)

  1. So what happened? by TripMaster+Monkey · · Score: 5, Interesting


    So, the Broadcast flag wasn't smuggled into law within the CJS appropriations bill, as threatened earlier.
    The question now is: why not?

    • Did the massive phone campaign advocated by Public Knowledge manage to dissuade the senators?
    • Did the senators decide against this course of action on their own?
    • Or was this just an unfounded rumor to begin with?

    Discuss.
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:So what happened? by NoMoreNicksLeft · · Score: 3, Interesting

      D) None of the above.

      Sneaking something into an appropriations bill, by definition, requires it be "sneaked"... impossible to do, if everyone knows about it. 3 weeks from now, 3 months from now, 3 years from now, there will be another bill, people won't be on guard for it, and it will return.

    2. Re:So what happened? by stiggle · · Score: 4, Interesting

      What is it with senators appending bills to others to try and get them passed.

      Surely if you are voting on a specific Bill then thats all you should be voting on - not "The Senate should buy more duck food for the ducks on the lake Bill" with the appended "Nuke Russia Bill" and "Give Hollywood and Microsoft everyone's firstborn Bill"

    3. Re:So what happened? by ConceptJunkie · · Score: 4, Insightful

      The solution is simple. Pass an amendment giving the President a line-item veto. Let each item stand on its own merit. Perhaps a line-item veto could be overturned by a simple majority rather than a supermajority as with normal vetos. In other words, prevent Congress from blackmailing the President and each other with these (usually spending) bills that normally would never pass.

      But I suppose making things more efficient and effective isn't The American Way (TM).

      How long till someone proposes a whole year's worth of legislation as one bill... up or down? And voting down means depriving war orphans of free milk, which makes you worse than Hitler (at least according to Senator Durbin), whereas voting up cedes citizens' rights to the **AA, insurance companies and other large, rich corporations, buried so deeply in the legislation no one even knows it's there.

      --
      You are in a maze of twisty little passages, all alike.
    4. Re:So what happened? by LordNimon · · Score: 5, Insightful

      Better idea: pass an amendment that prohobits "riders", like what Minnesota has done (or so I've heard).

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    5. Re:So what happened? by bhsx · · Score: 5, Interesting

      Well, I can tell you that for the first time in my life, I called my Senator, Dick Durbin. I've used the EFF's (invaluable) fax service before; but I've never actually called. This, for me, could be a final straw in my belief of a failing system, you see; so it became that important to me. This is how the conversation went:
      bhsx: I'd like to know Senator Durbin's stance on the rumor of a ryder being added to the appropreations bill regarding the mandate of the broadcast flag.
      Nice, very professional sounding rep: You know, we just started hearing about this yesterday, and we really don't know enough about it to say, at this point.
      bhsx: Well, the rumor only broke yesterday. I voted for the Senator last election; and will rethink that vote if this happens.
      Nice, very professional sounding rep: We are taking a tally, we've gotten plenty of phone calls about this. Do I understand that you are against this possible ryder?
      bhsx: Yes, very much so...
      Nice, very professional sounding rep: That does seem to be the concensus here sir, we will be looking at this very closely. Thank you for calling.
      Of course, Senator Durbin is eating crow over breaking Godwin's Law, so maybe he saw this as a possible platform for looking like the good guy again. Who know's why it happenned; but believe that every one of us here that faxed and phoned got heard. Keep up the good work everyone!

      --
      put the what in the where?
    6. Re:So what happened? by stefanlasiewski · · Score: 4, Informative

      It's not that simple unfortunately. A line-item veto did exist briefly during the Clinton Administration, but died upon it's first use.

      President Clinton briefly had the power of the Line Item Veto between 1997 - 1998. It was Declared Unconstitutional in 1998, after President Clinton's first attempt to use the veto. If I remember right, Clinton knew that the Line-item veto wouldn't survive, and chose to use it in a mostly symbolic act.

      The Courts said that this particular attempt at a line-item veto gave unprececented legislative power to the executive branch.

      --
      "Can of worms? The can is open... the worms are everywhere."
    7. Re:So what happened? by forkazoo · · Score: 3, Insightful

      I'm not sure how exactly you would phraze the ammendment, but yeah, I agree that a "one law, one vote" ammendment would do wonderful good for America. Just make it so that anything added into a bill where it doesn't belong is declared unconstitutional as soon as anybody challenges it. While we are at it, we should also have an accuracy in naming clause in the ammendment. So, you can't have a bill that does something terrible, and call it, "clean skies bill," or "school lunches for poor minorities act" which make use of torture illegal.

    8. Re:So what happened? by ntk · · Score: 5, Informative

      It's not over yet.

      Just between you, me, and a few other passing Slashdot folk, here's the extent of what we know: there's a senator who is (or was) friendly to the idea of dropping a BF amendment into the Senate Commerce, Justice and Science Appropriations Bill.

      There are a number of opportunities for them to do this: drop it in sub-committee (Tues), full committee (Thurs), or even later in the passage of the bill.

      If it's an uncontroversial amendment, and you're a sneaky senator, you're better off dropping it in early, because then the job is done, and someone else has to fight to get it out of the bill.

      The more controversial it becomes, the later you should place it (when the bill has some momentum, and fixes are harder).

      The BF got a lot more controversial this week.

      The campaign switched this to becoming the "Broadcast what?" amendment, to the "Is this that Godforsaken thing that's been melting my staffers phones all week?".

      It was always an even split whether the sneak move would go in Tues or Thurs (which was why it was a 48 hour campaign, and we've been targetting the full Appropriations Committee). They could still try and stick it in tomorrow, but that's becoming increasingly unlikely (we're betting 50/50 right now). Too hot a potato.

      Next stop in this line of attack would be an amendment on the senate floor, but there's some time to go before that.

      I've written about the effect of your messages on the EFF site, but that's mostly statistics on exactly how big the response was (summary: for a campaign targetted at a few senators in a short time-frame, it was huge).

      I'm currently pulling together all the possible opportunities the broadcasters have for sneaking the flag in. I'm tempted to publish that, because it would give people a better overview, but there's a bit of me that thinks "Don't let them know what the opposition knows!". What do people think?

    9. Re:So what happened? by drew · · Score: 5, Funny

      Since nobody else seems to have posted this yet (surprisingly)...

      Ob. Simpson's reference:

      Kent: With our utter annihilation imminent, our federal government has snapped into action. We go live now via satellite to the floor of the United States congress.

      Speaker: Then it is unanimous, we are going to approve the bill to evacuate the town of Springfield in the great state of --

      Congressman: Wait a minute, I want to tack on a rider to that bill: $30 million of taxpayer money to support the perverted arts.

      Speaker: All in favor of the amended Springfield-slash-pervert bill?

      [everyone boos]

      Speaker: Bill defeated. [bangs gavel]

      Kent: I've said it before and I'll say it again: democracy simply doesn't work.

      --
      If I don't put anything here, will anyone recognize me anymore?
  2. Wait there's more! by Prophetic_Truth · · Score: 5, Insightful

    Don't start jumping up and down. This won't be the end of the broadcast flag...

    --
    time is a perception of a being's consciousness
    time is your 6th sense, the wierd ones are 7+
    1. Re:Wait there's more! by murphyslawyer · · Score: 5, Funny
      but by enlarge it still sucks

      Hey - did you send me like 20 emails this morning?

      --
      I ain't evil, I'm just good looking.
  3. Poor senator by paranode · · Score: 3, Informative
    I wonder if the entertainment industry will keep bankrolling his election campaign after he has failed to help them.

    One of the most needed pieces of legislation in this country is a Federal-level law that states the amendments and provisions of a bill must directly relate to its topic. I know a few states have this now but Congress uses this backdoor to get all sorts of shady and illegal legislation passed every year.

    1. Re:Poor senator by Qzukk · · Score: 3, Funny

      amendments and provisions of a bill must directly relate to its topic.

      Like that will change a thing, really. It'll just mean that our bills will be titled

      "Wont somebody think of the children in Iraq and my taxes on my million dollar house are too high and random porkbarrel act of 2006"

      On the other hand, we'll quit getting stupid cutesy acronyms like PATRIOT and what not.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:Poor senator by dkleinsc · · Score: 4, Insightful

      illegal legislation

      I have to call you on that one. If Congress passes the law, and the president signs it, it is by definition legal. There ain't no such thing as illegal legislation. There is such a thing as unconstitutional legislation, though, which is maybe what you were thinking of.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Poor senator by brwski · · Score: 3, Interesting

      What would be even better is a constitutional amendment which would require either that bills be limited to one item and one item alone (no riders, etc.), or that each and every provision to a bill would have to be voted on for it to be included. A great addition to either of those would be a limit on the number of laws allowed. If we fill up the number, an old one has to go. That would rock...

      brwski

      --

      brwski
      "Because without beer, things do not seem to go as well''

    4. Re:Poor senator by iabervon · · Score: 5, Interesting

      We have that in Massachusetts. It's nice for avoiding riders, but it has certain problems: they can't pass a bill to tax one thing (e.g., gas) to fund a different thing (e.g., public transit), and it's therefore possible for one bill to pass and the other not. If the funding bill is first, opponents will say there isn't money to fund it. If the taxation bill is first, opponents will come up with more popular things to spend the money on.

      I think a better solution would be to have a quick process for undoing the effects of a rider. The day after passing a bill with a rider that wouldn't have passed as a bill by itself, anyone could propose repealing the rider, everyone would look at the rider and realize that it's something noteworthy that wasn't actually discussed at all, and they'd vote with no argument for keeping it (since no argument was initially raised for adding it). Chances are that such a bill would survive a presidental veto on general principle (or the threat of sneaking something nasty about the areas that fail to support it into the next popular bill).

    5. Re:Poor senator by paranode · · Score: 4, Insightful

      Unconstitutional legislation is illegal legislation. Perhaps an oversimplification on my part but a truth nonetheless.

  4. A legislation flag? by AtariAmarok · · Score: 3, Funny
    Perhaps they should first mandate a legislation flag that sends up an alarm whenever someone tries to sneak something in like this ("Hey! Those mohair subsidies are necessary to defeat the terrorists!!!!").

    Either that, or REQUIRE that every piece of legislation be read in full on the House floor by Gilbert Gottfried, and on the Senate floor by Ben Stein before it gets voted into law. If you haven't heard it both screamed and droned, it can't be signed into law.

    --
    Don't blame Durga. I voted for Centauri.
  5. Sneak Not Attempted by ajkst1 · · Score: 3, Funny

    But the coach did signal for the Statue of Liberty play. The quarterback then decided to go for the play action...

  6. Re:oh great.... by squiggleslash · · Score: 4, Insightful
    Well, we don't know if their protests were unfounded or not. One thing's clear: if you're trying to sneak something into a bill, someone waving their arms yelling "Look what he's trying to do" is going to make you step back and wait.

    Whether this is similar to Y2K ("Nothing happened! Complete waste of time!" "Idiot! It only didn't happen because we did all that work!") or like the Tiger Repellant ("What's that?" "A tiger repellant" "What for? There are no tigers in Atlanta" "Exactly. Works pretty well, huh?") is difficult to tell from the point of view of an outsider.

    --
    You are not alone. This is not normal. None of this is normal.
  7. Re:oh great.... by Anita+Coney · · Score: 4, Insightful

    Why ask hard questions? It was presented as a rumor, and due to the seriousness of it, it needed to be published. It's not like any harm came out of it. And more likely, it may have actually prevented harm by keeping the sneak from occurring.

    The RIAA did something similar in the 90s when it snuck in "work for hire" legislation, which made all recording artists mere "work for hires" without any right to retain or obtain copyrights on their songs.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  8. These are not the droids you're looking for... by RealProgrammer · · Score: 4, Insightful

    >So which bill....?

    Exactly. Some MPAA congresstooge will slip it in under the cover of night, as it were.

    On the other hand, consider the possibility that the story was leaked as a trial balloon, to see how much attention it would get. They'll put it out again every couple of months, until we all decide that a broadcast flag is inevitable.

    Considering how many people think digital TV is some kind of constitutional right, I suspect we'll get a broadcast flag along with subsidized digital TV -- to protect our way of life, fight terrorism, and to save the children.

    The MPAA will get their broadcast flag, and the government will borrow money from my kids to pay for it.

    --
    sigs, as if you care.
  9. Perhaps it is time by jockm · · Score: 4, Insightful

    Perhaps it is time for those of us who care about preserving fair use, and copyright reform, to stop being reactionary and be proactive. Perhaps it is time to put our energies, and (more importantly) monies into lobbying for the legislation we want, and not just stopping the ones we don't.

    I'm not saying it would be easy, just that it is time to add this to the conversation.

    --

    What do you know I wrote a novel
  10. So what happened? by ndansmith · · Score: 4, Insightful
    Perhaps the backers of the broadcast flag would like to wait for another bill to append it to. For instance, the Real ID act passed the senate 100-0 as a part of an $80B war funding bill. The war funding bill had strong support in the senate and the house because the congressmen don't want to look bad to their constituents. Additionally, those sort of bills are not often held up in committee, because people want to get them through fast.

    Attaching an ammendment like Real ID or Broadcast Flag will not slow the process. So maybe the CJS Appropriations Bill was not an ideal carrier for Broadcast Flag since appropriations bills tend to be the most debated and delayed.

  11. Grammar Cop by Doc+Ruby · · Score: 3, Informative

    "THOMAS, one of the best sources for Congressional action on the Internet"

    That would be correct as:

    "THOMAS, one of the best sources on the Internet for Congressional action"

    English is a language with positional importance of words and phrases. Some verbs, like "action", more closely associate subsequent clauses as objects of their meaning than do clauses that preceed those verbs.

    --

    --
    make install -not war

  12. Re:This is what is wrong by gedhrel · · Score: 3, Insightful

    "Why do we, as American citizens, have to keep a close eye on everything that our elected officials do so that they do not sneak unlawful provision into law."

    Complete the well-known phrase or saying: "The price of freedom...."

  13. Harder than it sounds by jfengel · · Score: 4, Informative

    Getting the nonsense stopped is harder than it sounds.

    The US Congressional procedures are very strange. Bills are created by committees; they don't usually go to the floor until it's been approved by the committee. After that, it's tricky to change the bill.

    Most deliberative bodies have a "motion to split", which allows you to take a bill and chop it into pieces and vote the separate pieces. The US Congress rules of order don't have a motion to split. That means that you actually have to amend the bill to remove offending language. On the floor, debate and amendments are limited.

    The point of not having the motion to split is to allow compromises to be enforced. If somebody says, "OK, I'll let you have your restriction on cadmium disposal, but only if I can have $15 million for my district to build roads." If you remove one piece or the other from the bill, the compromise falls apart.

    It's hard to make compromises in a 435-member House (or even a 100 member Senate). That's why bills come out of committees, where there are usually a dozen people at most. In theory that also allows them to be experts (or at least have experts on hand) in transportation/defense/telecommuncations/etc.

    The point is that your senator has less than 1% input into most bills. In theory he makes up for it with more than 1% input into other bills, depending on seniority. Of course it never works out that way, depending on favors he's done, whether he's in the majority or minority, etc.

    So ultimately even when it comes down to the up-or-down vote, your senator could be forced to say, "I'm going to vote against this entire bill guaranteeing proper nutrition for kittycats because I don't like the broadcast flag that's gotten crammed into it." And when he runs for re-election, the opposition says, "Senator Bob vote to starve kittycats!"

    The Republicans absolutely REAMED Kerry in the last election because of this. It's one reason that Senators haven't been elected to Congress in forever: they end up leaving these long track records of voting against things they agree with.

    It didn't help that Kerry fumbled the answer, "Well, I voted for that bill before they crammed all that pork into it" (the correct answer) came out as, "I voted for it before I voted against it," and the election pretty much ended right then.

    So Senators on the committee have massive power to write legislative pork and do favors for friends. That won't go away without a rewrite of the rules. Sadly, you'll discover that whatever party has 51% of the vote is not likely to vote to change the rules, since it tends to limit their power.

    Viva la revolucion!

  14. Re:No, it got in.... read what the poster wrote by IKillYou · · Score: 3, Informative

    I'm not finding the amendment anywhere in the proceedings. Maybe I'm missing it, or maybe I'm missunderstanding what you're saying, Mr. Coward. Would you be so kind as to elaborate, and perhaps provide a link?

  15. Re:Well GOOD! by The+Sigil · · Score: 3, Insightful

    How about instead of term limits on Congress, have "space limits" on laws... in conversation with a lawyer friend of mine, he admitted that he doesn't even know all of the laws IN HIS AREA OF SPECIALIZATION! I asked him how we could justify, "ignorance of the law is no excuse" when even a trained professional, whose job it is to know the law, doesn't know the law. He had no answer.

    No, we don't need term limits on Congresscritters. What we need is a Constitutional amendment to the following effect:

    The sum total of all laws currently in force as enacted by Congress must be less than 50,000 words, with *no* references to external sources allowed (that's approximately 96 pages).

    If Congress wants to put something new in, that's great... but they'll have to take something out. Furthermore, it does a terrific job of (a) allowing the average citizen to understand what the laws are and (b) forcing the law to be concise, well-thought-out and well-written, and most importantly, a statement of general principles that are to be equitably applies across the board - not one riddled with loopholes.

    For reference, the US Constitution, including all amendments and enumeration of amendment numbers, clauses, phrases, sections, etc. is a total of 7,709 words (as counted by copy/pasting into MS Word). It's pretty freaking clear on the general principles of law involved (some of the amendments less so).

    Just a thought.

  16. Fix the flag icon by Anonymous Coward · · Score: 3, Informative

    The U.S. flag has 13 stripes, not 12. Please fix it.

  17. Re:Read the Bills Act by Divide+By+Zero · · Score: 4, Funny

    Can we pretty please title it "Read The Full Bill Act"? I just want senators hollering "RTFB!" at each other.

    If government can't be effective, it might as well be entertaining.

    --
    Dare to Hope. Prepare to be Disappointed.
  18. Re:oh great.... (off topic, fair warning) by Darth · · Score: 3

    while there's a lot of artistic photography that certainly falls into your description, i think it's a stretch, at best, to claim that a wedding photographer's photograph is capturing the photographer's previsualized concept on film.

    In fact, i'd say it is the wedding photographer's job to capture the wedding couple's previsualized concept of their wedding on film as accurately as possible.

    In the specific case of wedding photographers, I would consider them work for hire. In the case of someone like Ansel Adams, however, I would definitely consider it an artistic work that the photographer should hold a copyright on.

    --
    Darth --
    Nil Mortifi, Sine Lucre