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No Space for MySpace?

conq writes "BusinessWeek looks at the flaws in the bill proposed by the House of Representatives that would block access to social networks and Internet chat rooms in most federally funded schools and libraries. One big problem with their bill is it is much too vague, it 'could rule out content from any number of Internet companies, including Yahoo! and Google.' What's more, DOPA would prohibit sites that enable users to create their own content and share it. That covers a wide swath of the online world, known colloquially as Web 2.0, where users actively create everything from blogs to videos to news-page collections." This is analysis of a bill we covered yesterday.

40 of 272 comments (clear)

  1. 1st Ammendment? by renehollan · · Score: 4, Interesting
    "What's more, DOPA would prohibit sites that enable users to create their own content and share it".

    There's something "Freedom of Speechish" about that that doesn't sound quite right. What's the argument going to be? "No, we aren't preventing speech about topic X -- we're preventing all speech". Riiiiight.

    --
    You could've hired me.
    1. Re:1st Ammendment? by EvilMagnus · · Score: 5, Interesting

      Sounds like it'd ban email, too.

      After all, what is email but user-created content that is then shared with others?

      --
      -EvilMagnus
    2. Re:1st Ammendment? by smbarbour · · Score: 3, Insightful

      Wouldn't your contact list be your own private social network as well?

    3. Re:1st Ammendment? by pete6677 · · Score: 5, Insightful

      Unfortunately it is becoming all to common for politicians to pass legislation on subjects they know nothing about with disastrous consequences. Remember the DMCA, and the Communications Decency Act of 1995?

    4. Re:1st Ammendment? by Cromac · · Score: 3, Insightful
      How many republicans blame the internet for shining a light on what they're doing and thereby raising public awareness and undermining their popularity?

      Probably about as many as there were Democrats complaining about the same thing in the 2004 election when people were finding out all about Kerry.

    5. Re:1st Ammendment? by spun · · Score: 2, Insightful

      Finding out about Kerry? Finding out what, exactly? Lies about his past, or the fact that he's more wooden than Keanu Reaves (for which we certainly didn't need blogs.)

      Why do you conservatives DO this? Anyone says anything bad about yer boy, ya gotta pipe up with, "Yeah, well so and so did it too!" Were you brought up by wolves, man? 'Cause my parents never put up with that shit.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  2. Censorship Questions Arise by Salty+Moran · · Score: 3, Insightful

    The argument is that it's "federally-funded" areas that are being targetted for enforcement, but wouldn't that amount to the government selectively banning content from the public? In which case wouldn't it be easy-pickings for a lawsuit over first amendment rights?

    1. Re:Censorship Questions Arise by Anonymous Coward · · Score: 2, Interesting

      Does the federal government have the authority to ban books from a public libraby. From what I understand of this bill, it would make the targeted sites (whatever they may be, it's beyond the scope of this comment) inaccessible at a public library. My comment/question is can the federal government ban certain books from the library, because it would seem like whatever rulings have or have not been made on this issue would apply to banning certain websites as well.

    2. Re:Censorship Questions Arise by fireboy1919 · · Score: 3, Insightful

      Not at schools. The government has decided that anybody is basically allowed to do anything they like to students.

      You have no protection against search&seizure, no accused rights, and no first - and absolutely definitely no second ammendment rights.

      The logic is that until your old enough those rights really belong to your parents - which is why most of the initial punishments in school involve sending the kid home. If someone does something to you at school it is assumed that your parents sanction it because they go there and have access to the school board.

      Along the same lines, however, parents are generally allowed to say that they don't want a particular book to be in a school library (like "Heather Has Two Mommies") or do want it despite a librarian's insistence that it's inappropriate (as I've actually seen come up with "Harry Potter").

      I don't see how they're justifying general public libraries, though.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    3. Re:Censorship Questions Arise by panda · · Score: 2, Informative

      I don't see how they're justifying general public libraries, though.

      It's aimed soley at institutions that receive money from the "Universal Service Discount" program, y'know that "fee" or "tax" that is added onto your phone bill every month. This money is paid out to qualifying schools and libraries that apply for the program.

      COPA, the law that "requires" filtering of harmful content at libraries and schools, applies to the same group of institutions.

      Essentially, if you're an administrator and you decided that your institution does not wish to or cannot comply with the blocking rules, the answer is simple: Don't apply for USD money.

      --
      Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
    4. Re:Censorship Questions Arise by Golias · · Score: 3, Informative

      What's incredibly short-sighted about this bill is that the Internet is not, and never was, intended to be a tool for one-way information gathering. Plenty of such tools already exist. The value of the Internet is a direct result of the fact that it is a means of two-way communication.

      MySpace gets used for a lot of frivolous blogs and teen flirting, but it's silly the way it's being scapegoated. Just as with AOL chat a few years ago, the bogeyman of a Creepy Old Guy wanting to run off with your teenager keeps getting trotted out, but the vast majority of statuatory rape cases are going on in homes, with family members or close friends of the family.

      Where's the crack-down on a dad's 40-year old drinking buddy slipping upstairs to visit his daughter during a back-yard BBQ? That's the *real* teen abuse problem.

      For the most part, there are no "strangers in the bushes" to worry about, and the way to guard against such rare cases is to teach your teen some sense.

      Look, princess: The grown-up who wants to hook up with you at a motel is not "cool". If he was "cool" he could find women his own age to sleep with. He's a LOSER, and you should stay away from him. Now, have fun chatting with your pals on MySpace, but remember that I have a profile on your Friends list, and will check in from time to time. There will be consequences for misbehavior.

      This bill would do absolutely nothing to protect children. Irresponsible kids and their adult predators will simply move to a different medium to hook up, such as text messaging on cell phone networks. I'd like to think that those behind this bill are simply ignorant of that fact. If you live in Michael Fitzpatrick's Congressional district, please write to him and explain that fact.

      --

      Information wants to be anthropomorphized.

  3. No user-created content? by lawpoop · · Score: 3, Insightful

    "DOPA would prohibit sites that enable users to create their own content and share it."

    Wouldn't this cover any web-hosting service?

    --
    Computers are useless. They can only give you answers.
    -- Pablo Picasso
    1. Re:No user-created content? by Wellington+Grey · · Score: 2, Funny

      "DOPA would prohibit sites that enable users to create their own content and share it."
      Wouldn't this cover any web-hosting service?

      Hell, isn't a school a site that enables users to create their own content and share it?

      -Grey

  4. DOPA? by windex · · Score: 4, Funny

    Why not just call it DOPY, so we get a better picture of what the politicians are thinking.

  5. China by McGiraf · · Score: 5, Funny

    That's it! I'm moving to China.

  6. Like all politics... by Moqui · · Score: 4, Insightful

    Oh crap, my constituents are upset again about something. Let's knee-jerk a bill together that is ill-defined and problematic. God knows it won't ever pass, but it looks like we did something!

  7. Neat! by Anonymous Coward · · Score: 4, Insightful

    So Congress gets to bask in the glow of the "protect the children" big lie, AND deal a significant blow to that pesky "blogger" problem. This bill is like a politicians' wet dream.

  8. Porn in the Library by abscissa · · Score: 5, Funny

    So it is perfectly legal to view porn in the public library, and they will even give you a special screen to do it... but not myspace?

    1. Re:Porn in the Library by bloobloo · · Score: 3, Funny

      Is the screen special because it is easy to wipe clean?

    2. Re:Porn in the Library by Anonymous Coward · · Score: 2, Funny

      "Is the screen special because it is easy to wipe clean?"

      No, it has one of those anti-glare filters. If I had a nickel for every time I've lost an erection as a result of glare on the screen blocking my view of teh pr0n, I could rent me some high class hookers.

  9. wrong end of the stick? by Burlap · · Score: 3, Insightful

    how about insted of going after the law abiding we go after those who are breaking the law?

    oh rihgt, cause those that follow the rules are much easier to controll, and if they cant vote, all the better

  10. Why is this that big a deal. by Irish_Samurai · · Score: 2, Interesting

    OK, I can see why a public library might need a little more room to wiggle, I will definitely concede that point - but public schools and those oh so great government jobs? They don't need access to MySpace.

    I also have a hard time believing that it isn't vague for specific reasons. Police might need to be able to access these sites for research reasons, as would some Gov't employees tasked with research. You don't want those people restricted in their web access.

    You do however want to restrict that moron at the DMV from checking out the American Idol blogs.

    This seems to be a common way for legislators to write law that can be selectively enforced.

    Ahhh, its moot anyway. These people don't understand what it is they're writing laws for anyway - they just know they have to do something or lose votes.

  11. Most Schools Already (Fail To) Do This Already by sous_rature · · Score: 4, Insightful

    The vast majority of high schools and elementary schools in the US (i.e. those with funding to hire someone who knows how to use the internet) already do extensive blocking of this sort of material. The problem is that with proxy sites and other work-arounds this legislation will be no more effective than the policies which are already in place. The flip side is that those teachers who have found innovative ways to use blogging, wiki-ing, and other interactive web media in their teaching won't just be able to go to local officials to clear ideas.

  12. Re:Web 1.0 by Dr.+Cody · · Score: 3, Funny

    Another innovation from Web 2.0:

    </i>

  13. can you regulate the internet? by davek · · Score: 3, Insightful

    Does anyone think that there exists sufficient language to regulate ANY activity on the internet? Governments use platforms like child porn and copyright infringement to attemnt to push legislation into the mostly lawless arena of the internet. If any sweeping legislation does get through, who's going to enforce it? Internet police? The logical conclusion is what government does with all other regulation: licence and tax. To optain an IP address, you would need a government supplied license, one which requires signing off on a legally binding agreement, paying a fee for the beurocracy, and a tax for the usage.

    I don't see how else you can even think about drafting laws in a lawless arena. The first step for everything is that which China has already made: all ISPs are now 0wned by the government.

    -dave

    --
    6th Street Radio @ddombrowsky
  14. Brainless kids online by Afrosheen · · Score: 4, Insightful

    You'd think with the amount of computer literacy children are growing up with these days, they'd have an inkling of paranoia about meeting people from MySpace and other sources. I imagine AOL deals with stuff like this on a daily basis.

      I guess Devo was right, society really is devolving and people are getting dumber overall rather than smarter. Just because a monkey can use a stick to fish ants out of an anthill we think the monkey is smart. But this is the same monkey you can trap by putting food in a glass jar. Therefore, children may appear smarter because they're typing LOL on their computers, but they're still morons at the end of the day.

    1. Re:Brainless kids online by smellsofbikes · · Score: 4, Insightful
      I don't think people are devolving. I think kids -- and, let's face it, society at large -- are poor at causality. As Bruce Schneier said in "Beyond Fear", we underestimate the danger of things we know, and overestimate the danger of things we don't know. So, the clueless parents and congresscreatures are scared of MySpace, and the kids who are used to it don't treat it carefully enough. If you're a homely 13-year-old and post pictures of your jammie parties for your friends, and then suddenly you hit puberty and aren't so homely anymore, are you likely to change your behavior? Why would you? Are you likely to have a clue about why people suddenly start treating you differently? This has been happening forEVER. My grandmother remembers working at a restaurant 2 miles from her house, when she was 12 (yeah, a while ago, and she lied about her age because her family was living in a hole in the ground, basically) so she'd just walk through the railyards to get to work. Then she went, rather rapidly, from 'girl' to 'woman' and suddenly she was getting chased by hobos and hassled by railroad cops, and it was probably ten years later that she finally figured out why she'd had to start riding the bus, why suddenly everyone had gotten weird.

      Here's an analogy. Think of the people who sit at the x-ray machines looking for bombs in luggage. If they go 10,000 bags without seeing a bomb, they're quite likely to not notice a bomb in the 10,001th bag. Same thing with kids online, only with them it's probably more like 100 before their attention to hinky behavior has completely disappeared.

      --
      Nostalgia's not what it used to be.
    2. Re:Brainless kids online by JimBobJoe · · Score: 3, Insightful

      You'd think with the amount of computer literacy children are growing up with these days, they'd have an inkling of paranoia about meeting people from MySpace and other sources.

      And actually, I believe they do. The problem is media/politician spin.

      A 50 year old who harrasses a 14 year old at a mall is a dirty old man, but in the same event happening via Myspace and AIM the 50 year old is a "sexual predator." The reality of course is that the online event is much safer (after all, the 14 year old is behind a monitor at an unknown location and is in complete control over the situation) but is newer and easier to misunderstand.

      I contend that meeting people online first then meeting them in real life is far safer than meeting them in real life first--profiles and conversation (both online and on the phone) will give clues to the nature and personality of the person you're meeting--all of which you don't have the luxury of if you just meet them in real life first.

  15. US world takeover plan by VEGETA_GT · · Score: 2, Funny

    US Evil plan to control the world

    1: Have a guy invent windows to spy on everyone
    2: Keep everyone's phone records
    3: Prevent the young in school to create there own sites and ideas on the net
    4: Control the entire internet
    5: Give out the new uniforms

  16. It's a fabulous idea! by underpope · · Score: 3, Funny

    I think this is a fantastic idea. Like most of the current Administration's plans regarding public schools, any such project regarding control of Internet access should NOT be funded by the federal government. Eventually, the schools will be spending so much money and dedicating so many resources to federally-required Internet restrictions and such that they won't be able to spend any money on any actual education. Et voilá! All those students grow up to become Republican neocon Bush supporters!

    It's absolutely brilliant!

    (And a quick note to those who will inevitably mark this as "Flamebait" or "Troll" -- I've already run this past my many Republican friends, and they all found it funny. Of course, they're all college educated and they all hate Bush, too. And reality, as we all know, has a well-known liberal bias.)

    --
    "A statesman is a dead politician. Lord knows we need more statesmen." Opus
  17. Wikipedia by darkain · · Score: 3, Insightful

    I'm suprised that nobody has mentioned Wikipedia yet. This site is nothing BUT user created content, AND the best possible resource for students at ANY education level.

  18. MySpace is a scapegoat! by i+am+kman · · Score: 3, Interesting

    Jeez - the furor over MySpace.com is disgusting. It's a GREAT site and both my kids (and me, sometimes) use it all the time - along with instant messaging and online games and many other online things kids are into these days. It's easy to monitor their homepage and linked friends and such and most of the favorite bands have a site. It also gives the kids a place to express themselves.

    It's also quite safe if parents take some VERY basic precautions - turn off public viewing of the homepage (so only friends see it) and don't post very personal information (like schools or real names). And, of course, teach your kid not to be a moron.

    I'm sick of congress trying to pass legislation to overcome terrible parenting. Parents need to teach their kids better so they won't talk to 30+ year olds or arrange to meet folks they only met online. It's common sense and the parents responsibility.

    With VERY basic precautions and common sense, 99.9% of kids are perfectly safe and, when they're not, there are generally alot more serious problems at home than whether or not a kid has a myspace account.

  19. Ignorance Run Amok by panda · · Score: 3, Insightful

    Please, mod most of the Insightful posts above as "overrated." The posters simply don't know what they are talking about, though I can't blame them because TFA never mentions this part of it.

    If you read the bill, the requirement IS NOT that all schools and libraries block access to the websites, but only those that receive funding under the Universal Service Discount program. If a school or library does not receive that money, and IIRC the majority do not, then they are not required to block access to any sites, nor filter any content that is deemed "harmful to minors."

    This isn't a case of rampant government censorship, but of Congress placing conditions on the money that it doles out. If you run an affected institution and don't like the consequences, then don't accept the money.

    --
    Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
    1. Re:Ignorance Run Amok by kindbud · · Score: 2, Insightful

      This isn't a case of rampant government censorship...

      You're right. It's a case of selective government censorship, which is arguably worse and less constitutionally sound than the rampant kind that applies to everyone.

      --
      Edith Keeler Must Die
  20. Since myspace and pedophiles are the topic of the by Tweekster · · Score: 2, Insightful

    week. I have a crazy idea. why dont they ban pedophiles from MySpace and leave everyone else the hell alone.

    It would be *gasp* legal even.

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
  21. Maybe it is time to stop thinking about children? by eimikion · · Score: 2, Insightful

    Child pornography is a kind of lame excuse to invoke censorship. Most interest in such stuff is generated by illegality of it: quite a lot of the people like using/having illegal stuff just for the thrill of doing something illegal.
    But actually, child porn is very boring in comparison to the contemporary adult porn. If legalized, it will quickly disappear, or become fringe activity, but will be no more stupid excuse.

    You have to think about children? No, you don't have. You have to think about your freedom of thought. Children are in no way more important than adult people, and taking our rights because it could be harmful to them seems both silly and evil.

  22. and this wacko is why this may come to be by RobertLTux · · Score: 2, Interesting

    How would you like to see Your Childs "mySpace" room defaced by this person?

    me if i ran a site (and had the jingle to run as a private club) this guy (or any friends of his) would find their account VAPOR.

    as it happens i know of one company (with stock) that has blocked myspace from all corporate owned locations and if you somehow get past the block you can be FIRED ON THE SPOT (ie "give me your name tag")

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  23. Federal funding by MobyDisk · · Score: 2, Informative

    We need a constitutional ammendment to fix this. The founding fathers forbade the federal government from regulating free speech. But the government found a loophole:

    1) Offer federal funding to sources of media (schools, libraries).
    2) Get them hooked on it.
    3) Threaten to cut it off if they don't comply with a freedom of speech limitation.

    Really, they could pass any law at all using this technique. Ex: "The president is now above all laws. Any state that does not agree to enforce this loses all state funding."

    The federal legislature would never pass a limitation on their own power, but it is possible for the states to propose and pass an amendment without federal support according to Article V of the US constitution. (Note 2 explains this)

    I suppose that is silly though - the states could just start refusing federal funding. But that isn't likely unless all of them do because no state wants to be at a disadvantage.

  24. Reading TFB... by malibucreek · · Score: 2, Insightful
    I was all riled up to post a rant, and went to go read the bill first to gather ammunition.

    And what I found... wasn't as bad as the news reports made it out to be. Granted, it's still silly and won't stop kids from accessing sites they want to see. But it wouldn't, as now written, ban library access to all of Web 2.0.

    The bill would require federally-funded libraries to ban access to Web 2.0 sites through which students:

    (aa) may easily access or be presented with obscene or in decent material;
    (bb) may easily be subject to unlawful sexual advances, unlawful requests for sexual favors, or repeated offensive comments of a sexual nature from adults; or
    (cc) may easily access other material that is harmful to minors;

    So if your Web 2.0 sites don't allow readers to "easily access" the bad stuff, you are clear.

    *Of course* the devil be in dem der details. Which still makes this bill a lousy idea. But it wouldn't force librarians to shut down access to every discussion board and group blog on the Web.

    --

    Why is it called COMMON sense when so few people have it?

  25. Federal funding is federal power by Sloppy · · Score: 2, Insightful
    It would normally be totally illegal for the feds to try to limit speech like this. It goes against the very intent of the First Amendment. But if you have feds fund schools, then they essentially get around this intended limit to their power, by being able to withhold funds from schools that don't play ball.

    This same sort of abuse happens in all sorts of ways. Look at how federally-funded scientists don't get to work on certain problems in biotech, or how states containing federally-funded roads (i.e. all of them) have to have a certain drinking age -- whether the people who live and vote there want it or not.

    If we make the feds stop taxing us, so we can afford to send the money to our state governments to fund our schools instead, then this kind of abuse will not be possible. So the next time some politician running for a federal office says, "I want to be the 'education president'" ask him if he's willing to prove it by cutting education funding.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.