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Bill Would Extend Online Obscenity Laws to Blogs, Mailing Lists

Erris writes "Senator John McCain has proposed a bill to extend federal obscenity reporting guidelines to all forms of internet communications. Those who fail to report according to guidelines could face fines of up to $300,000 for unreported posts to a blog or mailing list. The EFF was quick to slam the proposal, saying that this was the very definition of 'slippery slope', and citing the idea of 'personal common carrier'." From the article: "These types of individuals or businesses would be required to file reports: any Web site with a message board; any chat room; any social-networking site; any e-mail service; any instant-messaging service; any Internet content hosting service; any domain name registration service; any Internet search service; any electronic communication service; and any image or video-sharing service."

56 of 443 comments (clear)

  1. What's that smell in the air? by TheGreek · · Score: 5, Interesting

    Why, I think you're right! It's the 2008 Panderfest beginning!

    1. Re:What's that smell in the air? by kaufmanmoore · · Score: 4, Insightful

      Yep, he realized from 2000 that he's gotta move to the right in order to win the nomination. Its sad that more centrist politicians have to move to the left or the right to get the nomination and big money for their respective party's nomination

    2. Re:What's that smell in the air? by nten · · Score: 2, Insightful

      The question to ask is who is this man's constituency? I thought I was, but I guess I was mistaken. I think that ditching a candidate because he disagrees with you on a single issue, combined with a plurality voting system is the cause of many of our nation's ills, but freedom of speech is kind of an important one...

      --
      refactor the law, its bloated, confusing and unmaintainable.
    3. Re:What's that smell in the air? by bymiller · · Score: 2, Informative

      Yes, let's be sure to tell him what we think of that: http://mccain.senate.gov//contact/index.cfm?ID=64/

    4. Re:What's that smell in the air? by TheGreek · · Score: 4, Informative
      Yes, let's be sure to tell him what we think of that: http://mccain.senate.gov//contact/index.cfm?ID=64/
      Sending feedback to his Senate Office is less than worthless unless you're a resident of Arizona. If you're not, his staff will likely follow the custom of forwarding your correspondence to your state's Senators.

      You're really better off writing your senators about the measure yourself.
  2. John McCain loses more of my respect every day by elrous0 · · Score: 5, Interesting
    You know, back when he was first running for President--with his candor, his willingness to take on members of his own party, his "straight talk express" relationship with the public and the press--I had a lot of repsect for this guy. I was a Democrat and even *I* would have voted for him if he had won the primary.

    But in the years since, he has squandered it all. He has sucked up to the very President who had slurred him viciously here in South Carolina. He has cow-towed to the religious right. He has supported a war that he knew damn well was a bad move, for his own political ends. And, most telling of all, he caved-in on the one issue that I would have NEVER thought that he (of all people) would have caved on--torture of detainees.

    So this move doesn't really surpsise me. He has become a political whore, nothing more. He's not even worthy of spitting on anymore, much less voting for.

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:John McCain loses more of my respect every day by PingSpike · · Score: 5, Interesting

      Exactly what I was going to say. I was really hoping he won the primaries back in 2000 because I was really excited about him as a canidate. But now he just disgusts me.

      Between this and his flag burning its clear he's just another tool without any conviction at all. And between this and the flag burning amendment he's becoming quite the opponent of freedom of speech. And thats a position that I just plain can't ever get behind.

    2. Re:John McCain loses more of my respect every day by advocate_one · · Score: 4, Informative
      He has cow-towed to the religious right.

      I think you mean Kowtow, not cow-tow... nothing to do with towing cows at all... see here. Kowtowing is making a grand abasement to a superior officer... prostrating yourself touching your forehead to the ground

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    3. Re:John McCain loses more of my respect every day by elrous0 · · Score: 4, Funny
      McCain vs. Hillary would be a true clash of the titan political whores. I think I would just commit Seppuku if I was forced to choose between them.

      I would rather vote for a dog. At least I could pet the dog.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:John McCain loses more of my respect every day by wiggles · · Score: 2, Interesting
      I was a Democrat and even *I* would have voted for him if he had won the primary


      Which is exactly why he lost the primary. Democrats liked him way too much for right-wing tastes.

      That, and Karl Rove...

      But, now that the center is moving leftward, I think McCain has a much better shot at winning the white house in '08. For you democrats, even if you lose in '08, you win. The centrist republicans (like me) also win with him. The only losers will be the neocons and the far right, and it's about time.
    5. Re:John McCain loses more of my respect every day by Pinkfud · · Score: 2, Interesting

      I live in Arizona, and I've come to believe McCain is a national disaster. Can you imagine what this bill would mean to the WikiMedia Projects, with all the vandalism they get? It would break them just to file the reports! Nonsense of the highest order.

      --
      The world is my oyster. That's why it's always in a stew.
    6. Re:John McCain loses more of my respect every day by Randolpho · · Score: 3, Insightful

      The "Anyone But Bush" campaign was a *huge* mistake. It led directly to Kerry's nomination when there were *far* better candidates in the running. The only reason he was nominated was because of that floating question: "who can beat Bush?" The answer was along the lines of the following: "Why, Kerry is a war hero! He must be able to beat those warmongering Bushites! They like war, Kerry was in one... it's a sure thing!"

      When will Democrats stop trying to play on the Republican's field? GET THE HOME COURT ADVANTAGE, FOLKS! Run on your issues, make them *your* issues. Stop trying to look like a Republican.

      --
      "Times have not become more violent. They have just become more televised."
      -Marilyn Manson
  3. Anti obscenity laws? by EvilCabbage · · Score: 5, Funny

    Well, holy titty fucking christ.

    1. Re:Anti obscenity laws? by EvilCabbage · · Score: 2, Insightful

      Fuck, wish I'd thought of that one :(

      Seriously though, this kind of thing scares the hell out of me. I think that things like the "barely legal" scene and other pornography that depicts or 'disguises' older women as teenagers is pretty fucking pathetic, but that just means I don't engage in it, doesn't mean I'm going to go out and "ruin" it for anybody else. Nobody is hurt by it and it sure as shit isn't my place to decide what consenting adults can look at or even produce.

      If anybody can explain to me why these so awfully 'moral' people want to fuck with everybody else quietly minding their own business, I'd really appreciate it.

  4. This would bring my lists underground. by Bright+Apollo · · Score: 2, Interesting

    I have a few lists, and one of them is quite large (3000+ subscribers) and extremely technical. It's also hosted by Yahoo, who would necessarily have an interest in keeping themselves out of trouble. All it would take is one message from one dope to fly across "unreported" to end seven years of free technical support to the planet Earth.

    Nice job, McCain. This will help, big time. and by help, I mean help me decide who else I'm voting for in 2008.

    -BA

    1. Re:This would bring my lists underground. by ZachPruckowski · · Score: 2, Interesting

      Which raises a new question. How long before trolls with throwaway emails spam lists or websites with illegal images (or even links to them), forcing the poor webmaster/admin to file a report every day. 5 minutes of the troll's time = 50 minutes of the admin's time. It wouldn't take more than 2-3 trolls to kill a list or site.

  5. What obscenity? by Bob+Gelumph · · Score: 5, Funny

    There is no fucking obscenity on message boards.
    What kind of cunts out there think there's fucking obscenity on the net?
    What a bunch of donkey-raping shit-eaters!
    What the fuck is the matter with the U.S. government's retarded-puppy-raping legislators?
    Obscenity on the internet... Sometimes, I tell you... Jesus baby-fucking Christ that's preposterous...

    --
    I'm gonna need a spec.
  6. Wtf by spellraiser · · Score: 2, Informative

    From TFA:

    The other section of McCain's legislation targets convicted sex offenders. It would create a federal registry of "any e-mail address, instant-message address, or other similar Internet identifier" they use, and punish sex offenders with up to 10 years in prison if they don't supply it.

    Then, any social-networking site must take "effective measures" to remove any Web page that's "associated" with a sex offender.

    Eh? Say what you will about sex offenders, but isn't this a little too much?

    --
    I hear there's rumors on the Slashdots
    1. Re:Wtf by ZachPruckowski · · Score: 2, Insightful

      It boils down to "sex offenders can't have a myspace/facebook account. Of course, when you realize that other sites have profiles (like any forum I've seen), that could have a bit of a ripple effect.

      I'm far from pro-sex-offender, but I think we have a problem when we're putting streakers and 18-year-olds hooking up with 17-year-olds in the same category as child molesters and rapists. You can't get away with the same restrictions on minor sex offenders as you could on major ones, in my opinion. I can see "If you're a rapist, then no MySpace", but I can't see "no Facebook for dumb drunks who streak in the dead of night".

    2. Re:Wtf by danpsmith · · Score: 4, Insightful
      I can see "If you're a rapist, then no MySpace", but I can't see "no Facebook for dumb drunks who streak in the dead of night".

      That depends, are these "rapists" free? If you committed a crime and are released from prison, it's my position that you've paid your debt to society. If you haven't, then shouldn't you still be in prison? If we are pushing this once a criminal always a criminal mantra then why even let convicts out of jail in the first place if we are just gonna let the free world become another prison cell, gradually restricting their access to resources.

      Either sentence them for longer, clean up the system, or do something that works. Don't punish them after they've already been punished. It's bad enough that they won't ever be able to vote or get a job better than grocery bagger, you have to start restricting their online rights to save "children" from "potential risks." How about _not_ scaremongering about children and saving our rights instead?

      It's a slippery slope, first, restrict rights for convicts. Then, outlaw things to make everyone a potential convict. Bang...restricted rights. With the way people talk about online piracy, it's only a matter of time before that's criminal, and then after that's criminal maybe restricting the rights of those who have been convicted upon release.

      I hate to be paranoid, but in Philadelphia they've installed security cameras on the streets. It's not long before you pick your nose and it's on the evening news.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    3. Re:Wtf by Dhalka226 · · Score: 2, Interesting

      Sex offenders are generally tracked for a long time out of fear of recidivism, which has a very high rate among sex offenders

      Does it? From the Bureau of Justice Statistics:

      • Sex offenders were less likely than non-sex offenders to be rearrested for any offense -- 43 percent of sex offenders versus 68 percent of non-sex offenders.
      • Sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison -- 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders.

      I don't know about the rest of you, but 5.3% recidivism doesn't sound awfully high to me. Am I reading that wrong?

      Or, perhaps more likely, do the scare tactics about sex offenders simply have no basis in reality?

    4. Re:Wtf by danpsmith · · Score: 2, Insightful
      You are offered two choices: A lifetime in prison with no possibility of parole. Twelve years in prison and twenty years of close supervision after. Which do you choose?

      I shouldn't have a choice.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    5. Re:Wtf by gessel · · Score: 2, Informative

      I like the premise, but I think the metaphor is wrong: there is no actual debt, and in now way does being in prison function as repayment. Aside from other philosophical issues around the meaning of justice, individuals that demonstrate that they are a danger to society must be segregated from society at least until (arguably, only until) they are no longer a danger to society. The idea that someone presents such a danger that they need to be tracked suggests they are too dangerous to be "out." The theoretical streaker is unlikely to present any danger to society, whereas an unrepentant serial rapist with multiple prior convictions probably shouldn't be let out again, or at least until there's some plausible developments in psychiatry. But the same holds true for violent criminals, so clearly sex crimes are singled out solely for their prurient interest, by providing an opportunity to gratuitously describe sex in an offensive way that winds up voters but is without any political or legislative merit, which sounds a lot like a sex crime itself to me...

      On balance though, we should be grateful for Lawrence & garner v. State of Texas. It would be a great help to pass a constitutional amendment barring laws that dictate the private behavior of consenting adults. Ask your legislators.

      As the "Won't somebody please think of the children" subject alludes, the Simpsons have effectively commented on bogeyman politics, in particular with the bear patrol episode. It's just transparent pandering, creating a false fear and exploiting it; and all the better that the subject be indefensible, though simply defenseless will also work when all the good ones are taken. Sex criminals will always be an easy target, but once that bandwagon has left the station (again), it's time to attack immigrants (poor Groundskeeper Willie), or Albania, or homosexuals, or whatever.

      The best thing about this sort of moralist pandering and posturing is that politicians are just as morally complex as everyone else and their utter humiliation is a nice reward for the harm they do, so we should all thank Limbaugh, Haggard, Barnes, Bakker, etc for the joy they've given us.

  7. Just to help Senator McCain here by Noryungi · · Score: 4, Funny

    Senator, with all due respect, you can kiss my (_|_).

    And if that's obscenity for you, have your eyes, sorry, your brain checked.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
    1. Re:Just to help Senator McCain here by atrocious+cowpat · · Score: 2, Funny
      Senator, with all due respect, you can kiss my (_|_).
      You want him to kiss your Bracket-Underscore- Pipe -Underscore-Bracket???

      Now, I don't know about obscene, but this proposal does sound a little kinky to me...

      ;)
      --
      sig? Oh, that sig...
  8. The more is censored... by mrjb · · Score: 4, Insightful

    ... the less tolerant people get. The less tolerant people get, the more censorship needs to be applied to protect people from 'inappropriate' material.

    Give people their free speech. If you don't like what they say, don't listen, but respect their rights.

    --
    Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
  9. And it's both sides... by faloi · · Score: 3, Insightful

    From TFA: "Next year, Gonzales and the FBI are expected to resume their push for mandatory data retention, which will force Internet service providers to keep records on what their customers are doing online. An aide to Rep. Diana DeGette, a Colorado Democrat, said Friday that she's planning to introduce such legislation when the new Congress convenes."

    So who do we vote for now? Democrats had their fun with censorship in the 80s and 90s, now it's Republicans turn.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
  10. Come and join us in the land of the free... by MosesJones · · Score: 4, Insightful

    Its over here on the other side of the Atlantic. Our politicians get investigated when they take cash to give a shitty honour and go to prison when they take on the media and lose.

    Remind me why you chaps had the revolution again? There was something in there about Freedom, but its all been lost in the noise.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  11. he wants obscenity reported? by Mr.+Slippery · · Score: 5, Insightful

    He wants obscenity reported? Please report to him that the following message was posted:

    (The easily offended should skip the rest of this post.)

    (Last chance to look away...)

    Fuck Senator John McCain. Fuck him up the ass hard with a big thick dildo with built-in violet wand until the santorum runs down his legs. Tie him down and fuck him and give him the golden shower he wants and deserves, until he admits his wretchedness, admits what a bootlicker he is, admits that he gets off on being a slave, because he can't handle freedom.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  12. Re:Actually by IdleTime · · Score: 5, Insightful

    Every time I hear the "uproar" against "obscenity", I hear the sound of silence over the real problems.

    - Over 12 million living in poverty
    - 40-50 million without health care
    - 25% of the worlds prison population
    - 46800 car deaths in 2005
    - Every 90-second a car is colliding with a train due to lacking regulations if crossing.
    - Higher education costs and arm and a leg and your first born.

    This country has some serious problems to deal with, but obscenity is not one of them!

    --
    If you mod me down, I *will* introduce you to my sister!
  13. Well, if this passes... by JayBlalock · · Score: 5, Insightful
    No more public discussion on American servers on the Internet.

    Seriously, who would risk running a public forum in the face of fines like that? Even major players like Amazon would most likely be forced to take down public comment sections lest something slip through. Slashdot, Fark, Kos, Pandagon, Redstate, LGF, whatever your online bitching kink is, it's going away.

    And suddenly Americans would have to go onto foreign servers just to find a forum to exercise their free speech rights.

    See, here's what REALLY pisses me off. McCain isn't stupid. He's many things (repeating many of which, at this point, could possibly get me jailed), but stupid is not one of them. Either he's offering up this bill with no intention of seeing it passed, or he recognizes the death of free speech on the American internet as an acceptible price to pay for his rise to power.

    Every time I see a bill like this, I grow a little less convinced that there's any way we'll be able to reclaim our government from these assholes.

    --
    Bush: He's Liberal in all the wrong ways.
  14. Extension of McCain/Feingold by PHAEDRU5 · · Score: 4, Insightful

    Not satisfied with his first assault on our First Amendment rights, he's doing this to undermine the blogosphere. By imposing commercial-style constraints on bloggers, he makes it likely many of them will shut down, reducing the amount of criticism he has to face.

    What a scummy little man.

    --
    668: Neighbour of the Beast
    1. Re:Extension of McCain/Feingold by Alioth · · Score: 2, Funny

      I wish he'd make the word 'blogosphere' illegal. What a horrible marketing buzzword.

    2. Re:Extension of McCain/Feingold by Peyna · · Score: 2, Funny

      he's doing this to undermine the blogosphere

      And that's a bad thing, because?

      --
      What?
  15. Actual Bill by Changer2002 · · Score: 5, Informative

    While I still think this is a bad idea, the bill is directed towards child pornography, not obscenity in general. Also, according to the bill there would be a duty to report if the administrator obtained actual knowledge that child pornography was posted online. I didn't read the bill over in great detail but I didn't see anything about an affirmative duty to monitor, just report when something is brought to your attention. Still it sets a bad precedent and I'm disappointed in McCain who I've always supported.

  16. For the ignorant among us by pipatron · · Score: 2, Interesting

    So, for the ignorant Europeans here that don't know how much a senator can affect: What's the chance that this thing will get through and actually become law? And would it be just a local one for a state, or for the whole country? (and by extension, the whole Europe since the US seems to like enforcing its laws on other countries as well).

    --
    c++; /* this makes c bigger but returns the old value */
  17. Don't count on it. by Kadin2048 · · Score: 2, Insightful

    The 'net is big, it is great and most of all, it's international. And it doesn't matter jack whether the server I blog on is in the US or in Uzbekistan.

    Right up until they build a National Firewall. Which of course, is the only way to keep our children safe. And to keep out the terrorists. And Mexicans.

    When a law doesn't work, the politicians don't just give up and say "well, hey, that was a really dumb idea! Let's never do that again!" No, instead they find a way to make it enforceable. Which is why you always have to be concerned when someone is passing an unenforceable law. Look at what it would take to make it enforceable on everyone, and that's what they're going to be asking for next year after it gets passed, and falls flat on its face.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  18. Huh? by cje · · Score: 5, Informative

    McCain has an 85% strong conservative voting record. How in the world does that make him "far left"? Speaking from the left, I can tell you: We don't want him.

    --
    We're going down, in a spiral to the ground
    1. Re:Huh? by koreth · · Score: 2, Funny

      But if we can't torture people, how will we ever find out they're innocent? Answer THAT, you traitor.

  19. hahaha by Nasarius · · Score: 4, Interesting

    Lincoln Chafee was on The Daily Show last night claiming that primaries encouraged both parties towards the extremes, but I have yet to see any evidence that this is true for the Democrats. Okay, there was Ned Lamont. That was an extreme case, and he still lost, and Lamont never ran as more liberal than Joe. Clinton was a centrist. Gore ran as a centrist. In one of the most liberal states in the country, Hillary Clinton is a social conservative who doesn't even support withdrawal from Iraq. Could someone name some of Kerry's liberal positions in 2004?

    The GOP panders to their base, and fulfills many of their promises. The Democrats, much to the chagrin of lefties like me, do no such thing. If you don't even support gay marriage, you can go fuck yourself as far as liberal street cred goes. Eliot Spitzer is one of the few notable politicians that does. Only now is universal health care finally taking hold as a mainstream Democratic idea.

    So again, I'd ask for any examples of politicians that have moved to the left to get a nomination. Oh, and in case you didn't notice, John McCain was never a centrist except for a few pet issues -- he just played one on TV.

    --
    LOAD "SIG",8,1
    1. Re:hahaha by Nasarius · · Score: 5, Informative
      Browse through PollingReport some time.
      • 53-39 pro-choice
      • about 60% for universal health care (and years ago)
      • 50-37 for stem cell research
      • 57-35 favor the environment over economic growth
      • 54% favor stricter gun control laws
      • 49-43 favor affirmative action
      • 56-39 are against privatization of Social Security (various questions, same overall picture)
      • 60% favor withdrawal from Iraq in six months

      Tell me again how the public loves far-right ideas? On issues without broad public support, it's our responsibility to lead social change. The Dems don't pander to the base. They're to the right of the fucking majority of Americans on many issues!
      --
      LOAD "SIG",8,1
    2. Re:hahaha by operagost · · Score: 4, Insightful
      You may have more success with the gay marriage thing if you stop insisting on calling it marriage. If you want to simply cause the state to recognize this unions in the same manner as unions between heterosexuals, you will probably win over a lot more people. Marriage is a religious institution and the state has no business being involved. Marriage licenses should be abolished except for those who wish to be married in a civil ceremony. An unfortunate consequence for your cause-- if you wish to prove that you are truly interested in equality and not just an agenda-- is that any two (or more!) people who live together will be claiming social partnership benefits.

      Only now is universal health care finally taking hold as a mainstream Democratic idea.
      Maybe it's because most Americans are waiting for another country to implement a system that actually works. Government is notoriously inefficient compared to private enterprise in most endeavors, and their influence should be limited to systems that serve the common good better than free enterprise. A national highway system is far superior to private toll roads, for example.
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    3. Re:hahaha by syphax · · Score: 3, Informative

      To their credit, Polling Report actually shows the full text of the polls. Because the reality is that I could conduct a poll that turned any of the numbers you cited upside down. It's all in the wording and the details ("Do you think it's OK for people to savagely club furry baby seals?" vs. "Should the government interfere with indigenous peoples' traditional family-oriented hunter-gatherer lifestyle?"). That's a lame one but you get the idea.

      That's not to say that polls and surveys are useless, just that our media's interpretation and reporting of them usually is. Proper interpretation requires precision, and our MSM is not equipped to deal with that. And that pisses me off. The MSM may or may not be biased left or right, but what's far worse is that they tend to be biased toward vapidity and bad logic.

      --
      Simple Unexpected Concrete Credible Emotional Stories
    4. Re:hahaha by fyngyrz · · Score: 5, Insightful
      Marriage is a religious institution and the state has no business being involved.

      Marriage was around long before any of the major religions of today (Islam, Christianity) and served as a political bond joining property and fortune well before Christ, Mohammed, or Zeus. Religion may want to co-opt marriage (and I can certainly understand why, it's a control mechanism similar to, and related to, sexual control) but history doesn't support the claim that marriage is religious.

      As for the government's interest, this is relatively natural: When you join in property, medical and fiscal responsibility, residence, and income, only a perfect government would be able to keep its hot little hands out of the pot. And hoo boy, is our government not perfect!

      Religion's no better. As soon as sexuality and joining come into it, next thing you know there is some person trying to tell you exactly how you should be managing your affairs. One wife, not two. Opposite sex partners only. This age disparity, and no more. This color, and not that. This religion, and not another. History supports a much wider set of joinings, and for very good reason -- they're perfectly natural.

      So to your idea of religion having all there is to say about marriage, I say, "take off, eh?" Marriage should be what the partners (2...n) say it is, and the rest of us should respect that. It should not be subject to Christian or Muslim or even ancient Greek sensibilities. When people want to join together and seek their fortune and lives together the rest of us have only one job: Get the heck out of the way.

      --
      I've fallen off your lawn, and I can't get up.
    5. Re:hahaha by Anonymous Coward · · Score: 2, Insightful

      Have at it... go forth into the world and stake your fortune with 10, no, 20 partners in tow... but don't expect legal protection for your 20 concubines to come from the government. Why should it? The very reasons you state for the artificial constriction of "unions" (get out of the way, stop restricting it to 2 people, etc.) are the foundation why government should get the heck out of the way completely when it comes to this whole "marriage" thing. Stop recognizing (or regulating) any unions, marriages, partnerships, life-commitments, etc. That way, if two turtle lovers want to have a litter of tadpoles.. the government doesn't have any say... if two guys want to wear dresses and live in a cabin in the woods... the government has no say. In the end, the issue would become a useless gesture and people could put this nonsense behind them and go about their lives in peace.

      Then, and only then will we have "gotten the heck out of the way." But then again, it's not about marriage... it's about securing property and assets... so it IS economic, and not social. Therefore, it should be called something else and regulated by the government. ;) You can't have it both ways... Separate the marriage from the asset control.... Let the Church of Scientology call it "Xenu commitment ceremonies" or whatever... but when it comes to assets, custody of property and minor children, who gets the dogs, etc. it is nothing more than an economic partnership, drawn up by a lawyer, notarized, terms agreed to, and agreement dissolution provisions. Just like setting up a business at the courthouse. It'll show up in the hall of records like any other business arrangement.

      Problem solved. :)

    6. Re:hahaha by TheRaven64 · · Score: 2, Insightful

      The USA's healthcare system is only ranked 37th in terms of effectiveness. It's ranked top in terms of cost.

      --
      I am TheRaven on Soylent News
    7. Re:hahaha by Johnny5000 · · Score: 2, Insightful

      The USA's healthcare system is only ranked 37th in terms of effectiveness. It's ranked top in terms of cost.

      As in most expensive, or best value for what you get?

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    8. Re:hahaha by MrMarket · · Score: 2, Informative
      You can find more precise estimates here..

      The different brands of social conservatives make up about 20%; secular, anti-war liberals make up about 17%. The political landscape in both parties is actually quite diverse, but lately the Democratic party tends to foster more public debate within the party while the Republican campaign agenda has pretty much been ruled by the religious loony-tunes in the last ten years -- that "majority" is silent no more.

      I've always wondered why McCain lets a bunch of red-necks in South Carolina decide the fate of the party. Nation-wide, the supply side Republicans probably out-number the values police. He just needs to get them engaged in the primaries. The backlash against the evangelical branch of the party is coming -- just look at what's happened in Kansas politics in the last couple years.

    9. Re:hahaha by hey! · · Score: 3, Interesting

      Well, the problem the Democrats have had for years is that the public agrees with their ideas, but doesn't like them. Ever wonder why Republican politics is so personal, why they can't just say they disagree with an opponent's proposals, but have to paint him as evil (Clinton) or what is more effective, ridiculous (Gore) or unpatriotic (Kerry)?

      Simple. It works.

      If the other guy wants a background check when somebody buys a gun you don't want people to think about how or whether this might be done to minimize the impact on gun owners' rights. You want them to feel that your opponent is a stupid evil, stupid traitor wants to take your guns away.

      Obsencity is a topic in which this kind of Manichean "thinking" is on both sides. Everybody is getting worked up, preparing to battle Evil. In reality, it's a tempest in a teapot no matter which way things go. According to the Miller test, and obscene work must depict sexual acts in a way that is both patently offensive AND has no serious literary, artistic, political or scientific merit. The vast majority of blogs have nothing to do with obscenity, and those that do could be argued as engaging in reasonably serious critique, even if the works in question have titles like Backdoor Teenage Cheerleader Virgins IX.

      Now, personally I think there is a ninth amendment right to enjoy offensively obscene material that has no redeeming value other than the pleasure it gives you. I also think you have a right to shoot targets on your property during normal waking hours, and screw the militia. To hell with redeeming social value: private pleasures shouldn't have to be justified by serving a public purpose.

      So long as that obscene material is not delivered in a way that is intrusive, I don't think there is Constitutional authorization to restrict it. If it is possible to use your email account or web search without having to wade through a pile of obscenity, if parents have the means to regulate their dependents' use of such materials (whether they should is nobody else's business), in short if obscene materials do not intrude on those who does not seek them out, then you cannot restrict these materials because they create revulsion in some or even most people. What is left is a paternalistic state interest in the development of private character. Some believe this is a high public purpose, like protecting troop movements in a time of war, or protecting the individual's right of privacy.

      But even if a paternalistic concern for public morality is a legitimate public interest, I think prohibition has been shown sufficiently ineffective that it must be considered overbroad. Historically the weight of decency laws often fell on meritorious, but controversial works with little or no effect on the availability of obscenity. I've never heard of a place or age where obscenity was easy to produce yet hard to obtain, but you shouldn't have to patronize a shabby peddler of raunchy contraband if you want to read Huckleberry Finn.

      In any case virtue -- as those who have read St. Augustine are aware -- is about choosing the greater good over the lesser. A public interest in virtue is best served by fostering the availability of good choices, not the ineffective prohibition of bad ones, which is mere posturing. Ken Burns' Civil War has done more to elevate the public character than all the public decency laws combined ever have.

      But, having argued that obscenity laws are ineffctive and positively harmful to non-obscene expression, I don't think those who enjoy obscenity for its own sake have much to worry about. The bluenoses are not evil people who are going to take your porn away. They're misguided folks who at most will end up making you go through the motions of taking a dose of artistic merit along with your porn. You'll just learn to adjust. Possibly, that's why God created the fast forward button.

      It's people who are actually interested in sex related that have merit, particularly political merit, who should be worried.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  20. Damned if you do, damned if you don't by Beryllium+Sphere(tm) · · Score: 5, Insightful

    A while back, right here on Slashdot, a porn hosting webmaster posted a relevant comment.

    Every now and then, somebody would set up a website on their system and upload kiddy porn.

    He tried being a good citizen and reporting it. Several times. The authorities didn't follow up, they simply made angry threats to arrest him.

    His company now silently deletes kiddy porn sites.

    Playing devil's advocate, though, how is this proposal different from the existing legislation that requires health care providers to report suspected child abuse?

  21. its not just McCain by jdcope · · Score: 2, Informative

    Democrat Charles Schumer is also one of the authors....why is it that the media never mentions stuff like that?

  22. Re:Actually by Yartrebo · · Score: 2, Insightful

    I'm always left puzzled by why such moralists go after fairly harmless or beneficial stuff like sex, drugs, and contraception when there's far worse to get upset about, such as consumerism (ie., all advertisements and much content on the mainstream media), racism, and sexism.

    I consider myself a moralist, but I don't even want to be put in the same company as your average evangelical censor.

  23. It simply a matter of... by Marnhinn · · Score: 3, Insightful

    ...what the elected officials believe.

    Most elected officials already have a set philosphy in place when they are elected. Unless something drastic happens, their views won't change.

    However, it's more of the public's fault since we elect these people to represent us in the first place. So if your poll is true... American's are some of the worst voters out there.

    --
    There is always a frontier where there is an open and willing mind
  24. Yes, it's really censorship: some corrections by Erris · · Score: 3, Informative

    No more public discussion on American servers on the Internet. Seriously, who would risk running a public forum in the face of fines like that? Even major players like Amazon would most likely be forced to take down public comment sections lest something slip through. Slashdot, Fark, Kos, Pandagon, Redstate, LGF, whatever your online bitching kink is, it's going away.

    The likely scenerio is to force everone into a two or three blanket carriers with the resources to deal with the paper work. All of these bloggers like truthout have been embarrassing to governments used to controlling three or four broadcasters. It won't put a stop to kiddie porn or the other four riders of the infopocalypse but it will make it next to impossible for forums in the world of ends. It is crap like this that will turn the internet into something that resembles webTV more than a flourishing free press.

    Thanks, Zonk, for posting what I think is a very important issue, but I have a big correction to the summary. I made up the bit about "personal common carrier," and did not intentionally attribute it to the EFF. I was unable to find anything outside of the article about their stance on this and why they consider the bill unconstitutional. I'd love to hear more from them, but quoted everything I saw in the journal entry which I submitted. The part about "personal common carrier" comes from my own sense of justice, as expressed above, and views on freedom of press.

    The article seems to have been updated, so I'll quote everything from the EFF here.

    "This constitutionally dubious proposal is being made apparently mostly based on fear or political considerations rather than on the facts," said EFF's Bankston. Studies by the National Center for Missing and Exploited Children show the online sexual solicitation of minors has dropped in the past five years, despite the growth of social-networking services, he said. ... "I am concerned that there is a slippery slope here," said Kevin Bankston, an attorney with the Electronic Frontier Foundation in San Francisco. "Once you start creating categories of industries that must report suspicious or criminal behavior, when does that stop?"

    Privacy is important and necessary for real free speech, but it's freedom of speech and press that is my primary concern. It's my opinion that recent obscenity laws have were made to crush porn sites through expensive reporting requirements because the authors were unable to directly outlaw what they consider objectionable material. Now that they have accomplished that goal, they are moving on to other content that bothers them. The obvious net result of this proposed law would be to run every forum off the net.

    Others have pointed to my greatest fears: abuse by trolls and extortionists. Given the new Air Force mission to dominate cyberspace, various departments of missinformation and other funny business, I can also imagine government employees themselves abusing forums they want to shut down. No slippery slope is required for sites to be shut down this way. If this bill flies, it will be virtually impossible to host a site where people can post images and movies. The bill contains a "negligent failure" clause that's ripe for abuse.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  25. Re:Little Nit by fyngyrz · · Score: 4, Insightful

    If marriage is whatever 2 people say it is, then how will the word mean anything?

    I think it is very clear what it should mean. A declaration of partnership based upon serious, long term commitment by individuals who are both capable of understanding that precise commitment up front (the classic definition of intelligent, informed consent) and able to represent that fact in a legal and comprehensible manner. Such declaration may be public, or not, and it should -- not does, but should -- carry with it such legal obligations as the participants have agreed upon, and no others. Socially, it's dead obvious: "This is my partner, please treat them as you would me." Simple, easy to deal with, no worries.

    When people say "we're married", that's what I think of. As to the specifics, these only matter when legal issues come up; and that is why paperwork stating the terms is such a good idea in today's world. Otherwise, some idiot could tell you you could not have a say in the treatment of the love(s) of your life if they were in the hospital, or that you could not have a say in the schooling of your offspring. Marriage, in the end, is a state that is intended to benefit the individuals involved. Not the rest of us as onlookers. If they wanted our opinion, surely we would have been invited to the ceremony, or made signatory on the paperwork.

    The problem is that in the legal sphere, words have very specific meanings. They have to. Otherwise, it isn't possible for two people to communicate honestly

    Yes, however what you are arguing for here isn't "specific" meaning, it is canned meaning. I would argue that every human partnership involves different stakes, different foundations, different preconceptions, different commitment, and therefore just as when forming a specific type of business, you'll want a specific type of agreement tailored to your union. What those specifics are matter primarily to the members of the union, and are otherwise not much of anyone else's business until such time as a question of parenting or hospital visitation or the like comes up; at that time, you whip out your paperwork, point to the appropriate clause, and you're done.

    Communications about what a union means would be vastly enhanced by a thorough hammering out of what one is agreeing to, it seems to me. Opportunities for improvement abound: No wife would find she had unwittingly become a dishwasher or drudge; no husband would find that his wife's last day of interest in sex was the day before they were married; no child would find itself stripped of a parent. Services to assist in hammering out such agreements would become widely available; sounds optimum to me.

    If you want to have civil unions, fine. But don't be dishonest about it. It isn't marriage.

    Oh, I'm being perfectly honest. And honestly, what you want for anyone's marriage but your own and your offspring's is completely irrelevant to me. What I say is marriage for me, is marriage. Period. You don't have even a fraction of a say. Honestly. :) When it comes to you telling me what marriage is for you, then I'll listen, and I'll respect that, all the more so if you can make it clear. Marriage isn't religious to or for me, because religion doesn't intercept with any part of my life. Consequently, I don't give a flying hoot what any religion has to say about my marriage, or lack thereof, any more than I would if an astrologer tried to tell me I should live in some particular fashion. Superstition isn't a solid enough foundation for any fraction of a relationship I enter into, I can assure you. If it is for you, that's something else entirely, and I encourage you to have it your way. And I promise not to bother you about it; if that's the way you and your partner(s) roll, by all means, have at it.

    Another example - suppose my daughter's personal definition of marriage

    --
    I've fallen off your lawn, and I can't get up.
  26. Re:Little Nit by Johnny5000 · · Score: 2, Insightful

    * Parents have a natural affinity for their own offspring. Children have a natural affinity for their birth parents. Marriage provides the best solution - children have access to both parents, and both parents give their children full affection. This eliminates the "Your not my real father... " or "Why should I support *YOUR* kid..." types of situations.

    Clearly this isn't limited to homosexual relationships- heterosexual marriages often (usually?) end in divorce, and often the participants in the original marriage get remarried, thus opening it up to "You're not my real father" or "why should I support your kid" types of situations. Additionally, the phrase "both parents give their children full affection" in the context of heterosexual marriage implies that homosexual couples are unfit parents, unable to give the child their full affection. In any case, any given set of a man and a woman can crap out a child, regardless of whether or not it is wanted. It takes extra effort for a homosexual couple to obtain a child, thus ensuring the child is loved and wanted.

      * Men and women desire exclusive access to their spouse - sexual, emotional, financial, mental, etc... Relationships with more than two people do not have the exclusivity privelege enjoyed by married couples. That is, one "spouse" will have to be shared by more than one of the other "spouses".

    If the individuals in question desire exclusive access to their spouse, then they should not enter into a polygamous relationship. However, that should be left up to the individual consenting adults to decide if they want to enter into a plural marriage.

      * The couple as a whole makes more intellectually and emotionally balanced, and less self-centered decisions. The complementarity of the sexes forces the couple to consider both feminine and masculine points of view when making decisions. A relationship between two men could exist without any consideration of how their public decisions (i.e. voting, politics, charity, etc...) affect women. Likewise, the relationship of two women would be unlikely to create any sense of understanding or compassion for masculine points of view.
    The exclusively-male and exclusively-female couples should then balance each other out :)
    To use your logic, the public decisions of heterosexual voters don't exactly show any sense of understanding or compassion for the homosexuals who want to get married, eh?

    * The union of man and woman usually produces offspring, and the raising of children provides a service essential to the future of the state. Unions of only men or only women do not have the procreative potential and do not provide the essential service of future generation to the state. This reason alone would be sufficient for the state to recognize a union of one man and one woman as distinct from civil unions for the purposes of law.

    I didn't realize there was a shortage of children in this country. In any case, I don't think allowing two men or two women to marry each other will contribute to a decline in the birth rate. Generally, people who are heterosexual enter into heterosexual relationships and get married and have children, while people who are homosexual enter into homosexual relationships, don't get married, and don't have children. Do you really think that if homosexual marriage was allowed, a bunch of straight people would suddenly say "enough of this opposite-sex crap. I'm off to get gay-married, to live a childless life of debauchery!"

    --
    The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.