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	<title>Blayne Sucks &#187; Politics and Law</title>
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	<description>and other thoughts on group stupidity..</description>
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		<title>woot! and the Associated Press</title>
		<link>http://blaynesucks.com/2010/07/06/woot-and-the-associated-press</link>
		<comments>http://blaynesucks.com/2010/07/06/woot-and-the-associated-press#comments</comments>
		<pubDate>Tue, 06 Jul 2010 14:15:32 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Entertainment]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Amazon.com]]></category>
		<category><![CDATA[Associated Press]]></category>
		<category><![CDATA[blogging]]></category>
		<category><![CDATA[woot!]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=971</guid>
		<description><![CDATA[Amazon.com recently acquired woot.com. Normally, company acquisitions result in rather mundane press releases. That did not happen this time. Woot&#8217;s CEO wrote an absolutely hysterical post about the acquisition on the woot blog. If you haven&#8217;t read it, it&#8217;s definitely worth reading. Woot&#8217;s blog post was quoted by the Associated Press, which is where things [...]]]></description>
			<content:encoded><![CDATA[<p>Amazon.com recently acquired woot.com.  Normally, company acquisitions result in rather mundane press releases.  That did not happen this time.  Woot&#8217;s CEO wrote <a href="http://www.woot.com/Blog/ViewEntry.aspx?Id=13390">an absolutely hysterical post</a> about the acquisition on the woot blog.  If you haven&#8217;t read it, it&#8217;s definitely worth reading.</p>
<p>Woot&#8217;s blog post was quoted by the Associated Press, which is where things get even more interesting.  The Associated Press don&#8217;t seem to understand the world they live in.  For example, they have been trying to <a href="http://www.newsweek.com/2008/06/18/ap-battles-blogs.html">control &#8220;the bloggers,&#8221;</a> which is about as impossible as it sounds.  One of their proposed methods to control bloggers was to <a href="http://license.icopyright.net/rights/offer.act?inprocess=t&#038;sid=36&#038;tag=3.5721%3Ficx_id%3DD90VCFA01&#038;urs=WEBPAGE&#038;urt=http://hosted.ap.org/dynamic/stories/A/APNEWSALERT%3FSITE%253DAP%2526SECTION%253DHOME%2526TEMPLATE%253DDEFAULT%2526CTIME%253D2008-05-29-11-08-34">charge them for quoting AP stories</a>.  After all, they have the copyright, right?  </p>
<p>Woot decided that turnabout was fair play.  Since the AP charges $17.50 for quoting up to 50 words and since the AP quoted Woot&#8217;s blog post liberally, <a href="http://woot.com/">Woot wants their $17.50</a>.  (Note: this link is part of Woot&#8217;s daily deal.  I&#8217;ll update the link here when it hits the archives in case you&#8217;re not reading this post on the day it was posted.)  Hey, if you&#8217;re going to ask people to ignore <a href="http://en.wikipedia.org/wiki/Fair_use">Fair Use</a>, you should expect that people will ask you to do the same.  I hope the AP actually pays up here.  It would be a great mea culpa.</p>
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		<title>Awesome Political Ads</title>
		<link>http://blaynesucks.com/2010/06/25/awesome-political-ads</link>
		<comments>http://blaynesucks.com/2010/06/25/awesome-political-ads#comments</comments>
		<pubDate>Fri, 25 Jun 2010 13:26:03 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Entertainment]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Daring Fireball]]></category>
		<category><![CDATA[Gene Spafford]]></category>
		<category><![CDATA[Huffington Post]]></category>
		<category><![CDATA[political ads]]></category>
		<category><![CDATA[politics]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=965</guid>
		<description><![CDATA[I have two fantastic political ads to share. The first is fake, but it&#8217;s frighteningly real. The only thing missing is the mandated &#8220;I&#8217;m so-and-so, and I support this message&#8221; quote. (via Spaf and Political Wire) The second is a real ad that is, well, also frighteningly real. And extremely funny. Enjoy! (via Daring Fireball [...]]]></description>
			<content:encoded><![CDATA[<p>I have two fantastic political ads to share.  The first is fake, but it&#8217;s frighteningly real.  The only thing missing is the mandated &#8220;I&#8217;m so-and-so, and I support this message&#8221; quote.</p>
<p><object width="450" height="273"><param name="movie" value="http://www.youtube-nocookie.com/v/8gwr8KJO0Fc&#038;hl=en_US&#038;fs=1&#038;rel=0"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube-nocookie.com/v/8gwr8KJO0Fc&#038;hl=en_US&#038;fs=1&#038;rel=0" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="450" height="273"></embed></object></p>
<p>(via <a href="http://twitter.com/TheRealSpaf/status/16997679443">Spaf</a> and <a href="http://politicalwire.com/archives/2010/06/24/the_perfect_political_ad.html">Political Wire</a>) </p>
<p>The second is a real ad that is, well, also frighteningly real.  And extremely funny.  Enjoy!</p>
<p><object width="450" height="273"><param name="movie" value="http://www.youtube-nocookie.com/v/GabMEHfCjT0&#038;hl=en_US&#038;fs=1&#038;rel=0"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube-nocookie.com/v/GabMEHfCjT0&#038;hl=en_US&#038;fs=1&#038;rel=0" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="450" height="273"></embed></object></p>
<p>(via <a href="http://daringfireball.net/linked/2010/06/18/peterson">Daring Fireball</a> and <a href="http://www.huffingtonpost.com/2010/06/17/dale-peterson-cuts-the-be_n_615907.html">HuffPo</a>)</p>
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		<title>Book: Surveillance</title>
		<link>http://blaynesucks.com/2010/04/05/book-surveillance</link>
		<comments>http://blaynesucks.com/2010/04/05/book-surveillance#comments</comments>
		<pubDate>Mon, 05 Apr 2010 18:15:08 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Books]]></category>
		<category><![CDATA[Entertainment]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Jonathan Raban]]></category>
		<category><![CDATA[Surveillance]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=912</guid>
		<description><![CDATA[Surveillance by Jonathan Raban is a book that I wasn&#8217;t planning on reading. I saw it at Von&#8217;s Books last week when I was at Purdue for the CERIAS Symposium. I have a list of books that I look for at used book stores, but Surveillance wasn&#8217;t on the list. I saw it on the [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.amazon.com/gp/product/1400033659/">Surveillance by Jonathan Raban</a> is a book that I wasn&#8217;t planning on reading.  I saw it at <a href="http://local.yahoo.com/info-16115666-von-s-book-shop-west-lafayette">Von&#8217;s Books</a> last week when I was at Purdue for <a href="http://www.cerias.purdue.edu/site/symposium2010">the CERIAS Symposium</a>.  I have a list of books that I look for at used book stores, but Surveillance wasn&#8217;t on the list.  I saw it on the shelf and thought, &#8220;Why not give it a chance?&#8221;  I&#8217;m glad I did because it is an excellent book.</p>
<p>Raban&#8217;s writing is fluid and quite fun to read despite the political content, which might otherwise be dense and evoke unthinking knee-jerk reactions.  He used a third-person limited omniscient viewpoint throughout the book, but did so in a way that felt very close to the characters.  The narrator almost sympathizes with each character in a completely genuine fashion.  In addition, Raban&#8217;s colorful phrasing made the story vibrant and engaging.  His writing style stood out to me as exceptional, which is rather hard to do with fiction.</p>
<p>The story follows five characters as they live their lives in a highly charged political atmosphere.  Tad is a HIV-positive homosexual actor who is angry with the government&#8217;s recently enacted policies aimed at preventing terrorism.  Augie is a Holocaust survivor, professor, and author of a popular memoir of his boyhood years in a concentration camp.  Lucy is a freelance writer working on a piece about Augie&#8217;s book.  Alida is Lucy&#8217;s 11-year-old daughter, who loves math and is trying to make sense of the world around her.  Charles Lee is a Chinese businessman and owner of several parking lots and the apartment building in which Lucy and Tad live. </p>
<p>The primary plot of the book is Lucy&#8217;s investigative reporting of Augie and his memoir.  Augie&#8217;s memoir is being made into a movie, and little is known about Augie, who is perceived to be a recluse.  The circumstances surrounding the publication of the novel open up interesting questions about the nature of history, eye-witness reports, and how our motivations and experiences influence our perspective.  Lucy plays the role of an interested, left-leaning investigator while Tad and Augie represent the liberal and conservative perspective in the broader debate that underlies the entire novel.  Tad comes off a bit more rabid in his politics than Augie, but they are worthy foils for one another.  Charles Lee&#8217;s position of power as the landlord for Tad, Lucy, and Alida provides another interesting conflict for discussion.  </p>
<p>The book explores numerous smaller subplots to further dissect the politics of terrorism, security, privacy, and freedom.  For example, each major character gives their opinions on which publications and newspapers are worth reading and why.  This alone would make for an interesting discussion.  Also, everyone in the book is portrayed as seeking information about someone else.  Lucy seeks info on Augie.  Tad on Charles Lee.  Charles Lee on Lucy.  Alida on her mother and her classmate, Finn.  The way the characters approach their quest for information provides yet another discussion point.</p>
<p>The ending of the book may actually provide the biggest discussion point of them all.  If you read the Amazon.com reviews for this book, then you&#8217;ll see that almost everyone disliked the ending.  I hesitate to talk about it much because to do so gives it away.  I will simply say that I absolutely loved it.  It couldn&#8217;t have ended any other way, and it speaks volumes about our current political approach to terrorism, security, and privacy.  I&#8217;m not sure why other folks didn&#8217;t like it, but I suspect that they are missing the broader political statement.  </p>
<p>Lastly, this book provides so many fascinating inroads for discussion and paints such a vivid picture of post-9/11 politics as well as the nature of security, privacy, and freedom that I&#8217;m going to make a grandiose claim: This could be one of those books that becomes much more popular after its initial release because it so essentially encapsulates the politics of the moment.  It has some edgy scenes that might make it too strong to be required reading at a high school, but few other works of fiction so concisely introduce and define contemporary political problems as well as Surveillance does.  In addition, the literary risk of the ending and the impressive writing style could easily support a high school level English class discussion.  I strongly recommend reading it, particularly if you have a regular book club and enjoy discussing books and politics.</p>
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		<title>Another Missing Month</title>
		<link>http://blaynesucks.com/2010/02/04/another-missing-month</link>
		<comments>http://blaynesucks.com/2010/02/04/another-missing-month#comments</comments>
		<pubDate>Thu, 04 Feb 2010 13:20:38 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Books]]></category>
		<category><![CDATA[Entertainment]]></category>
		<category><![CDATA[Life]]></category>
		<category><![CDATA[Music]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Music Video]]></category>
		<category><![CDATA[One Republic]]></category>
		<category><![CDATA[The Great American Novel Challenge]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=870</guid>
		<description><![CDATA[So, apparently my last update on the Great American Novel Challenge was a bit prophetic. Things have only become crazier over the last two months, and I have now missed my third month in a row. I am still planning on finishing the challenge, and I&#8217;m aiming to finish by July 4th, 2010. Unfortunately, I [...]]]></description>
			<content:encoded><![CDATA[<p>So, apparently <a href="http://blaynesucks.com/2009/12/04/ganc-update">my last update</a> on the <a href="http://blaynesucks.com/2009/05/27/the-great-american-novel-challenge">Great American Novel Challenge</a> was a bit prophetic.  Things have only become crazier over the last two months, and I have now missed my third month in a row.  I am still planning on finishing the challenge, and I&#8217;m aiming to finish by July 4th, 2010.  Unfortunately, I won&#8217;t be able to post a review today, and I likely won&#8217;t be able to post one until after my upcoming paper deadline.  In lieu of a book review this month, I will leave you with this hilarious, truly American video.</p>
<p><object width="448" height="272"><param name="movie" value="http://www.youtube.com/v/uZfRaWAtBVg&#038;hl=en_US&#038;fs=1&#038;"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/uZfRaWAtBVg&#038;hl=en_US&#038;fs=1&#038;" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="448" height="272"></embed></object></p>
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		<title>Book: Adventures of Huckleberry Finn</title>
		<link>http://blaynesucks.com/2009/11/04/book-adventures-of-huckleberry-finn</link>
		<comments>http://blaynesucks.com/2009/11/04/book-adventures-of-huckleberry-finn#comments</comments>
		<pubDate>Wed, 04 Nov 2009 16:45:33 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Books]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[Entertainment]]></category>
		<category><![CDATA[Life]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Book Review]]></category>
		<category><![CDATA[Great American Novel]]></category>
		<category><![CDATA[Mark Twain]]></category>
		<category><![CDATA[The Great American Novel Challenge]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=790</guid>
		<description><![CDATA[This post is a part of The Great American Novel Challenge. If you&#8217;re interested in taking part in the challenge, feel free to jump right in next month. I&#8217;m almost embarrassed to include Adventures of Huckleberry Finn (there is no &#8216;The&#8217; in the title) in my list simply because doing so is an admission that [...]]]></description>
			<content:encoded><![CDATA[<p><em>This post is a part of <a href="http://blaynesucks.com/2009/05/27/the-great-american-novel-challenge">The Great American Novel Challenge</a>.  If you&#8217;re interested in taking part in the challenge, feel free to jump right in next month.</em></p>
<p>I&#8217;m almost embarrassed to include <a href="http://en.wikipedia.org/wiki/Adventures_of_Huckleberry_Finn">Adventures of Huckleberry Finn</a>  (there is no &#8216;The&#8217; in the title) in my list simply because doing so is an admission that I hadn&#8217;t read it before.  Then again, reading great books that we probably should have read by now is partly purpose of the Great American Novel Challenge.  Make no mistake about it: <a href="http://en.wikipedia.org/wiki/Mark_Twain">Mark Twain</a>&#8216;s Huck Finn is a genuinely great American novel.</p>
<p>I should start this review where Mark Twain started his book.  The first page contains this notice:</p>
<blockquote><p align="center">NOTICE</p>
<p>Persons attempting to find a motive in this narrative will be prosecuted; persons attempting to find a moral in it will be banished; persons attempting to find a plot in it will be shot.</p>
<p align="right">By the Order of the Author,<br />Per G. G., Chief of Ordinance</p>
</blockquote>
<p>In some ways this notice tells you all you need to know about Mark Twain.  It&#8217;s humorous, yet half-serious.  It sets the reader up to find their own inner Huck Finn because if you do any of these things, then you&#8217;re breaking the established rules of the book.  Of course, if you don&#8217;t see a motive, moral, or plot in the book, then why read it at all?</p>
<p>Adventures of Huckleberry Finn picks up where The Adventures of Tom Sawyer left off.  It was conceived as a sequel, but it stands alone.  Readers don&#8217;t have to have read Tom Sawyer prior to reading Huck Finn.  In fact, Mark Twain struggled for eight years to write and publish Huck Finn and the books are considerably different from one another.  The preface to my edition of the book explains that Huck Finn comes at the midpoint of his career and &#8220;stands on a line between the upbeat humor of the early books and the bitterness of the later ones.&#8221;  I can&#8217;t vouch for the accuracy of this statement, but I can say that Huck Finn delicately balances humorous storytelling with serious social commentary.  </p>
<p>The book is ostensibly the story of a young boy&#8217;s adventures on the Mississippi river narrated after the fact by the boy himself.  The story starts with Huck Finn in his hometown being raised by a widow and her sister.  They try to civilize him, but Huck Finn doesn&#8217;t particularly like the idea of being forced to do things in a &#8216;civilized&#8217; way.  Eventually, Huck&#8217;s abusive father manages to bring Huck back to his place where Huck escapes, fakes his own death, and begins life floating down the Mississippi.  While on the river, he meets up with Jim, a runaway slave previously owned by the widow and her sister.</p>
<p>The middle of the book is largely episodic.  Each episode can be demarcated by the return to the tranquility and safety of floating down the river on a raft.  These episodes are mini-commentaries on a particular part of American culture.  For example, there&#8217;s an episode in which Huck and Jim run into a gang trying to steal from a wrecked riverboat.  Another episode involves a family feud similar to the archetypal <a href="http://en.wikipedia.org/wiki/Hatfield-McCoy_feud">Hatfield-McCoy feud</a>. Yet another episode details the exploits of two grown con men as they ply their trade.  The episodes serve as satires of the many ways that we become slaves to society.  We become slaves to the desire to get rich quick.  We become slaves to our deep-seated animosities.  We become slaves to unthinking religion.  Twain is calling for us to think for ourselves, act as individuals, and take action appropriately.</p>
<p>The over-arching plot of the book is the fate of Jim, the runaway slave.  Huck Finn&#8217;s individualism and friendship for Jim battle with his upbringing and society&#8217;s expectations for him as he decides whether or not he will actively help Jim escape to freedom.  It&#8217;s worth noting how Huck dismisses inaction as complicity in the predictable result and unworthy of himself.  This in and of itself is a commentary on the society in which Huck Finn finds himself.  Throughout the book Huck views civilization as something akin to a brainwashed malaise that everyone has accepted.  Perhaps this is why his relationship with Jim and the actions he takes as a result of it are so important.</p>
<p>The ending of the book and the resolution of the main plot is bittersweet, which seems almost inevitable because of the book&#8217;s structure.  There&#8217;s simply no river left to for Huck to escape to.  Huck and Jim are both freer as runaways than they ever were before the story began or after it comes to an end.  The strength of the book is the middle rather than the ending, and I won&#8217;t comment further on the ending simply to ensure that I won&#8217;t ruin it for anyone who hasn&#8217;t read the book.</p>
<p>Twain&#8217;s home-spun style starting with the NOTICE on the first page and continuing throughout the book was particularly comforting for me because I have so many fond memories of visiting my extended family in North Carolina as a boy.  They all spoke with strange accents and expressions that seemed so magical to me having been raised in the midwest.  There was comfort, humor, and seriousness in those conversations that seemed unguarded and real.  That&#8217;s what reading this book felt like to me, but I suspect that everyone will find some &#8220;southern comfort&#8221; in Twain&#8217;s story telling.</p>
<p>Twain is famous for walking that thin line between sly humor and moral outrage even to those who have not read his books.  His dry wit and incisively worded commentary remain relevant for any free society because he is constantly reminding us that freedom and individual liberty aren&#8217;t achieved so much as they are maintained.  If we aren&#8217;t vigilant in analyzing for ourselves the outcomes of our action or inaction, then we will become slaves to something.  Twain points this out so masterfully and with such unique style in Huck Finn that I am forced to conclude that Huck Finn is the most American of the books I&#8217;ve read for this challenge thus far.</p>
<p>Five books down; eight to go!</p>
<p>My books in the challenge thus far are:<br />
<a href="http://blaynesucks.com/2009/07/04/book-the-great-gatsby">July 2009</a>: The Great Gatsby by F. Scott Fitzgerald (1925)<br />
<a href="http://blaynesucks.com/2009/08/04/book-uncle-toms-cabin">August 2009</a>: Uncle Tom&#8217;s Cabin by Harriet Beecher Stowe (1852)<br />
<a href="http://blaynesucks.com/2009/09/04/book-the-sound-and-the-fury">September 2009</a>: The Sound and the Fury by William Faulkner (1929)<br />
<a href="http://blaynesucks.com/2009/10/04/book-for-whom-the-bell-tolls">October 2009</a>: For Whom the Bell Tolls by Ernest Hemingway (1940)<br />
<a href="http://blaynesucks.com/2009/11/04/book-adventures-of-huckleberry-finn">November 2009</a>: Adventures of Huckleberry Finn by Mark Twain (1884)</p>
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		<title>Consistent Governing</title>
		<link>http://blaynesucks.com/2009/06/17/consistent-governing</link>
		<comments>http://blaynesucks.com/2009/06/17/consistent-governing#comments</comments>
		<pubDate>Wed, 17 Jun 2009 16:12:51 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[AIG]]></category>
		<category><![CDATA[bailouts]]></category>
		<category><![CDATA[Chrysler]]></category>
		<category><![CDATA[crisis]]></category>
		<category><![CDATA[GM]]></category>
		<category><![CDATA[Lehman Brothers]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=625</guid>
		<description><![CDATA[One of the first things I learned about baseball was that the umpire is extremely important to the integrity of the game. If the ump doesn&#8217;t honor the game by trying to call balls and strikes as consistently and accurately as possible, then it&#8217;s not worth playing because no one would know what to expect [...]]]></description>
			<content:encoded><![CDATA[<p>One of the first things I learned about baseball was that the umpire is extremely important to the integrity of the game.  If the ump doesn&#8217;t honor the game by trying to call balls and strikes as consistently and accurately as possible, then it&#8217;s not worth playing because no one would know what to expect from pitch to pitch.  Although both consistency and accuracy are important, consistency is more important than accuracy because <a href="http://www.ehow.com/how_4499835_call-balls-strikes-as-umpire.html">every ump has a slightly different strike zone</a>, but if they call things the same way on both teams, then the game is fair.  Both teams agree on this; it&#8217;s not even up for debate.  If umpires didn&#8217;t aim for consistency, then baseball would be a game about trying to convince the umpires to call pitches your way.  </p>
<p>During his confirmation, the <a href="http://www.cnn.com/2005/POLITICS/09/12/roberts.statement/index.html">current Chief Justice of the United States said</a>, &#8220;My job is to call balls and strikes not to pitch or bat.&#8221;  It&#8217;s fair to ask: Do baseball&#8217;s roles for consistency and accuracy hold true for governments as well as umpires?  At some level, is it more important that governments treat people as consistently as possible rather than as accurately as possible according to any one of the many different political positions citizens might have?  Clearly accuracy is important, both in both baseball and governing.  Umpires get fired if they aren&#8217;t at least accurate to some degree.  A political system that disenfranchises half its population is too inaccurate to be considered fair no matter how consistent it is.  However, at some level of marginal return, is it more important to be consistent than accurate?</p>
<p>Let&#8217;s look at two cases.  First, consider the <a href="http://online.wsj.com/article/SB122156561931242905.html">bailout of AIG</a>.  In mid-September of last year the U.S. Government poured billions of dollars into AIG in an effort to save the company from bankruptcy.  Just a week earlier though, the U.S. Government <a href="http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article4761884.ece">declined to bailout Lehman Brothers</a>, which was operating under similar circumstances.  Second, consider the recent bankruptcy proceedings for Chrysler and General Motors.  In the Chrysler bankruptcy, secured creditors are getting 30 cents for every dollar owed.  In the General Motors bankruptcy, <a href="http://www.bloomberg.com/apps/news?pid=20601087&#038;sid=azwLDwPkZ4ck">secured creditors are being paid in full</a>.  Secured creditors are guaranteed by law to be first in line, so it&#8217;s not crazy to say that <a href="http://open.salon.com/blog/closureisamyth/2009/06/10/supreme_court_screws_chrysler_bondholders">these creditors were screwed</a> when the Supreme Court decides not to hear the inevitable lawsuit.  It&#8217;s not unreasonable to label this as <a href="http://www.forbes.com/2009/05/11/chrysler-bankruptcy-mortgage-opinions-columnists-epstein.html">a &#8220;deadly sin&#8221; in the well-settled area of bankruptcy law</a>.  I&#8217;m not even sure it&#8217;s hyperbole to say that this is <a href="http://www.intheagora.com/archives/2009/05/the_end_of_capitalism_as_we_know_it/">the end of capitalism as we know it</a>.  It is, at the least, inconsistent governing, and I&#8217;m not the only <a href="http://volokh.com/posts/1245202773.shtml">asking for an explanation</a>.</p>
<p>It&#8217;s easy to be distracted by debates about accuracy.  For example, <a href="http://www.cnn.com/2009/US/06/01/westbrook.gm/">some may argue that secured creditors don&#8217;t have as strong a position</a> as intimated by others.  That&#8217;s a debate about accuracy: which position was right according to some standard.  Debates about accuracy are important, but aren&#8217;t debates about consistent governing more important at some level?  There were secured creditors in both cases, so why were the results different?</p>
<p>The main benefit of consistency is that it allows us to know what to expect.  In February 2008, the U.S. Government decided to bailout Bear Stearns.  At the time, economists like <a href="http://www.npr.org/templates/story/story.php?storyId=89064840">Russell Roberts wondered publicly if this was setting a bad precedent</a>.  Essentially, he disagreed with the decision to bailout Bear Stearns, but thought that the real harm was &#8220;the encouragement of recklessness and irresponsibility&#8221; down the road.  This position disagrees with the accuracy of a particular government action and assumes consistency in future government actions.  Precedent, whether good or bad, only has meaning if the government operates consistently.  </p>
<p>The cases I&#8217;ve mentioned seem strikingly similar on the facts, and yet, they had distinct, different outcomes.  As a result, they set no precedent.  If we can&#8217;t be completely accurate, wouldn&#8217;t it help to at least be consistent?  In fact, the only precedent that they might set is one of inconsistency regardless of party affiliation.  The Lehman Brothers / AIG case was under the Republican Bush administration; the Chrysler / GM case was under the Democratic Obama administration.  And yet, they were both handled just about as inconsistently as possible.  Unfortunately, <a href="http://www.despair.com/consistency.html">this may be the only kind of consistent governing we can expect</a>.</p>
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		<title>Movie: Star Trek</title>
		<link>http://blaynesucks.com/2009/05/29/movie-star-trek</link>
		<comments>http://blaynesucks.com/2009/05/29/movie-star-trek#comments</comments>
		<pubDate>Fri, 29 May 2009 16:30:25 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Entertainment]]></category>
		<category><![CDATA[Movies]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Hero's Journey]]></category>
		<category><![CDATA[J.J. Abrams]]></category>
		<category><![CDATA[Randy Pausch]]></category>
		<category><![CDATA[Star Trek]]></category>
		<category><![CDATA[Star Wars]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=528</guid>
		<description><![CDATA[I have seen the new Star Trek movie twice, once on opening weekend and once, in IMAX, the following weekend. In short, I thought it was fantastic, and I would encourage everyone to see it. In this post, I will provide a rambling postmortem / braindump on what I thought worked, what I thought didn&#8217;t [...]]]></description>
			<content:encoded><![CDATA[<p>I have seen the new <a href="http://www.startrekmovie.com/">Star Trek movie</a> twice, once on opening weekend and once, in IMAX, the following weekend.  In short, I thought it was fantastic, and I would encourage everyone to see it.  In this post, I will provide a rambling postmortem / braindump on what I thought worked, what I thought didn&#8217;t work, and a bit of the big picture.  If you are interested in a more traditional review, you can find some <a href="http://www.trektoday.com/content/2009/05/star-trek-xi-reviews.html">aggregated reviews here</a>, and I think <a href="http://www.starpulse.com/news/index.php/2009/05/01/review_star_trek_is_a_blockbuster_that_d">this one most accurately reflects my feelings</a>.  Before I go any further though, I want to start with this short disclaimer: </p>
<p><strong>This post contains spoilers.  Do not read further if you have not seen the new Star Trek movie and you are planning on doing so (though at this point I have to ask: why are you waiting?).</strong></p>
<p><span id="more-528"></span></p>
<p>Alright, with that disclaimer out of the way, I&#8217;ll move on to the movie.  The creators of the new Star Trek were tasked with the challenge of making a movie that appeals to fans with over 40 years of history invested in the Star Trek universe as well as fans new to the series. In all, they did a fantastic job with this.  </p>
<p>The primary reason for their success is the time travel plot device that splits the Star Trek universe in two. For me, this effectively eliminates arguments from longtime fans about the Star Trek canon and what did or did not happen in some third rate novel that only a faction of the people have heard about much less read.  I can understand why someone would find the use of time travel a bad move.  Star Trek movies <a href="http://memory-alpha.org/en/wiki/Star_Trek_IV:_The_Voyage_Home">have done</a> <a href="http://memory-alpha.org/en/wiki/Star_Trek_Generations">time travel</a> <a href="http://memory-alpha.org/en/wiki/Star_Trek:_First_Contact">before</a>.  The science is fuzzy, but this is science fiction, Star Trek science has always been fuzzy, and I&#8217;m willing to suspend disbelief and accept the scenario as plausible for the sake of the franchise reboot.</p>
<p>Once you accept this plot device, you can more easily appreciate the characters and enjoy the creative ways in which they meet.  Much of the success in this part of the film was due to the wonderful job in casting.  It was clear that their goal was to cast young yet capable actors without established names in the industry.  Right from the start, Chris Pine was a fantastic Kirk, and Zachary Quinto was an outstanding Spock.  Also, I felt Scotty&#8217;s introduction fit extremely well.  McCoy&#8217;s lines about how his wife divorced him leaving him with nothing but his bones were a bit iffy to me, but other than that I felt Karl Ubran did a pretty good job.</p>
<p>One of the things that stuck me as a somewhat unusual thought to have about a Star Trek movie was that I felt the music was extremely well done.  Really, it was a highlight of the film.  The songs chosen for various scenes like Kirk&#8217;s childhood rebellion and the scene at the bar were excellent choices.  Moreover, the musical score for the rest of the film supported the story without getting in the way.  The special effects for a movie like this can only hurt you if you do them wrong.  It&#8217;s just hard to impress with visuals anymore, but I was definitely impressed with the music.</p>
<p>If you&#8217;re going to make reboot the Star Trek franchise, then you&#8217;ve got to have a great story.  Much of the Star Trek franchise is based on deeper discussion-oriented themes like politics, sociology, and culture rather than on action-oriented themes.  (As evidenced by <a href="http://www.librarything.com/work/177389">The Ethics of Star Trek</a>.)  The primary writers (<a href="http://www.imdb.com/name/nm0649460/">Roberto Orci</a> and <a href="http://www.imdb.com/name/nm0476064/">Alex Kurtzman</a>) for Star Trek had to focus on appeasing this fan base while bringing in a newer audience.  They already had success rebooting the Transformers franchise, but I felt that script failed to have much long lasting appeal upon subsequent viewings.  </p>
<p>There are several reasons to think that the Star Trek reboot will avoid this fate.  First, they successfully incorporated one of the most interesting and enduring elements of the Star Trek franchise: the <a href="http://en.wikipedia.org/wiki/Kobayashi_Maru">Kobayashi Maru</a>.  The Kobayashi Maru is a test taken at Star Fleet Academy that forces students to face a no-win scenario.  It has been one of my personal favorite elements of Star Trek lore since I first saw Star Trek II: The Wrath of Khan.  Facing certain death is absolutely a test of character with all sorts of socio-political implications, and the Kobayashi Maru raises many of these questions: Is it even possible to test for a response to the no-win scenario?  What is the proper response to a no-win scenario?  What is the proper response to being asked to take a test that cannot reasonably be passed?  Do you have to understand fear to be a leader?</p>
<p>Second, the movie masterfully follows a successful story pattern known as <a href="http://en.wikipedia.org/wiki/Monomyth">the Hero&#8217;s Journey</a>.  Essentially, the Hero&#8217;s Journey pattern works as follows:
<ol>
<li>Our young hero is forced to choose between leaving everything comfortable behind and venturing into the unknown.</li>
<li>Our hero must not only learn how to survive but also to thrive in the unknown.</li>
<li>Our hero returns back to the comfortable world after vanquishing that which caused him to leave in the first place.</li>
</ol>
<p>This pattern occurs in countless movies, myths, and stories throughout human history.  It is something that resonates with people because it matches with our own lives at a deep level.  We grow up, we leave the nest, and eventually we build a nest of our own.  If you are interested in more information, check out Joseph Campbell&#8217;s <a href="http://en.wikipedia.org/wiki/The_Hero_with_a_Thousand_Faces">The Hero with a Thousand Faces</a>.  Star Trek does an excellent job following this pattern without force feeding it to the audience.  The writers wonderfully balanced hat tips to the original Star Trek world, action scenes, and comedy with this basic plot outline.  </p>
<p>Third, the story took genuinely bold steps that will affect future movies in unpredictable ways.  They destroyed Vulcan.  Vulcan was a huge part of the Star Trek canon, and a primary ally in the Federation.  This will undoubtedly affect future movies.  There&#8217;s a romance between Spock and Uhura.  Many people forget that the <a href="http://en.wikipedia.org/wiki/List_of_African-American_firsts">first televised inter-racial kiss</a> was on November 22, 1968 (the five year anniversary of the JFK assassination) on the original Star Trek series between Kirk, not Spock, and Uhura in an episode called <a href="http://memory-alpha.org/en/wiki/Plato%27s_Stepchildren_(episode)">Plato&#8217;s Stepchildren</a>.  You can see it here on YouTube:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/lThvEsP5-9Y&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/lThvEsP5-9Y&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Read <a href="http://www.trektoday.com/news/050901_05.shtml">Nichelle Nichols&#8217;s thoughts on the kiss</a> years later, including Dr. Martin Luther King&#8217;s role in making it happen.  Of course, this post wouldn&#8217;t be complete without <a href="http://io9.com/5231407/the-romance-that-changed-star-trek-forever">Spock&#8217;s thoughts on Zachary Quinto and Zoe Saldana</a>:</p>
<blockquote><p>Frankly, I was extremely jealous of his scenes with Zoe Saldana, and I think it&#8217;s totally unfair that I never got to do that. I will never forgive the writers and the director, for having put me in this position, to have to be watching that, rather than participating.</p>
<p align="right">Leonard Nimoy</p>
</blockquote>
<p>Finally, there are many who might say that Star Trek has stopped breaking barriers and <a href="http://www.newsweek.com/id/196005">lost its moral relevance</a>.  It has certainly been <a href="http://www.the-numbers.com/movies/2009/TRK11.php">financially relevant</a> for the first time in quite a while.  It will likely break the $200 million gross domestic revenue mark this weekend, making it the top earning movie of the year. This is encouraging news to people who want to see more Star Trek movies, but it doesn&#8217;t really help in the &#8220;moral relevance&#8221; category.</p>
<p>In the beginning of the movie, the crew of the USS Kelvin encounters a &#8220;lightening storm in space.&#8221;  The captain is walking around part of the ship heading towards his chair.  When he sits down, a crew member walks past his left shoulder from the left side of the screen to the right and says, &#8220;Captain, we have a visual.&#8221;  That man was <a href="http://download.srv.cs.cmu.edu/~pausch/news/index.html">Randy Pausch</a>.  The scene takes about a second.  </p>
<p>I should take a moment here to mention that the first time I saw Star Trek, I was watching it in the theater with Blayne, of <a href="http://blaynesucks.com">Blane Sucks</a> fame.  After the movie, I mentioned Randy Pausch, and Blayne said, &#8220;Who is that?&#8221;  Clearly, he does not read this blog because I have <a href="http://blaynesucks.com/2007/10/09/dr-pauschs-last-lecture">talked</a> <a href="http://blaynesucks.com/2007/12/06/new-version-of-randy-pauschs-time-management-talk">about</a> <a href="http://blaynesucks.com/2008/04/21/last-lecture-redux">Randy</a> <a href="http://blaynesucks.com/2008/05/06/book-the-last-lecture">repeatedly</a> <a href="http://blaynesucks.com/2009/01/14/requiem-for-a-teacher">on this blog</a>.</p>
<p>I do not believe that Star Trek has lost its moral relevance.  The moral tale of the Star Trek film is essentially this: What we choose do with our lives matters.  It is important because, although there is no guarantee that we will make a difference, if we do not even try, then there is a guarantee we won&#8217;t make a difference.   Sometimes, shit happens, and we can&#8217;t stop it from happening.  It is how you react that matters.</p>
<p>Kirk grows up without a father and it affects him deeply.  He is constantly told by people what a great man his father was.  He becomes disillusioned with his own life.  How could he ever live up to what his father did, particularly since his father wasn&#8217;t there to teach him?  People view Kirk&#8217;s father as a noble hero, who&#8217;s life was worth of study, but his father wasn&#8217;t there for him.  Captain Pike reminds Kirk that Kirk&#8217;s father was a captain in Starfleet for all of 12 minutes and saved 800 lives.  Pike dares Kirk to be more than &#8220;the only genius-level repeat offender in the Midwest&#8221; because what we do with our lives matters.  We can make a difference.</p>
<p>Think about this for a moment in the context of Randy Pausch&#8217;s family.  Randy&#8217;s kids are, right now, growing up without a father.  Perhaps they will be told by others what a great man their father was.  For what it&#8217;s worth, I consider their father to have been a great man.  I sincerely hope they don&#8217;t become disillusioned with their own lives, but I imagine it would be easy for this to happen under these circumstances.  Their father lived almost two years with pancreatic cancer, and he impacted millions of lives with his Last Lecture.  Growing up is hard.  I can&#8217;t imagine the circumstances for Randy Pausch&#8217;s kids make it any easier.  Of course, Randy might point out this:</p>
<blockquote><p>We cannot change the cards we are dealt, just how we play the hand.</p>
<p align="right">Randy Pausch</p>
</blockquote>
<p>We do get to choose how we react.  We can, each of us, individually, make a difference.  Our lives matter.  The new Star Trek movie emphasizes this from Kirk&#8217;s decision to join Starfleet, to his decision to cheat at the no-win scenario where no one could make a difference, to his perseverance in the face of almost certain failure.  In my mind, that makes Star Trek as morally relevant as movies come.  If you haven&#8217;t seen it, go this weekend.  You will not regret it.</p>
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		<title>John Stossel&#8217;s Bailouts and Bull</title>
		<link>http://blaynesucks.com/2009/03/26/john-stossels-bailouts-and-bull</link>
		<comments>http://blaynesucks.com/2009/03/26/john-stossels-bailouts-and-bull#comments</comments>
		<pubDate>Thu, 26 Mar 2009 22:38:50 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Education]]></category>
		<category><![CDATA[Life]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[20/20]]></category>
		<category><![CDATA[John Stossel]]></category>
		<category><![CDATA[libertarianism]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=478</guid>
		<description><![CDATA[John Stossel had another great special entitled &#8220;Bailouts and Bull&#8221; that takes on topics ranging from the recent spate of massive government bailouts to the current reality of the American dream. Other topics include medical marijuana, privatization of the highway system, universal pre-kindergarten education, and the US-Mexico border. Previously, I posted about his Politically Incorrect [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://abcnews.go.com/2020/stossel">John Stossel</a> had another great special entitled &#8220;Bailouts and Bull&#8221; that takes on topics ranging from the recent spate of massive government bailouts to the current reality of the American dream.  Other topics include medical marijuana, privatization of the highway system, universal pre-kindergarten education, and the US-Mexico border.  Previously, I posted about his <a href="http://blaynesucks.com/2008/12/20/john-stossels-politically-incorrect-guide-to-politics">Politically Incorrect Guide to Politics</a>, which focuses on similar themes.  If you liked that, then you&#8217;ll absolutely love this show.  Here&#8217;s a great (short) introduction to the show (and a more complete interview with Drew Carey): </p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/vD_DSh6Pb4A&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/vD_DSh6Pb4A&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Part 1 of the show:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/Tda0-cDyD0U&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/Tda0-cDyD0U&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Part 2 of the show:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/dtwdVInR1Gw&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/dtwdVInR1Gw&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Part 3 of the show:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/m0vpzxWU9io&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/m0vpzxWU9io&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Part 4 of the show:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/-K93hZbWB_I&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/-K93hZbWB_I&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Part 5 of the show:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/JmpDbM1YDWg&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/JmpDbM1YDWg&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
<p>Part 6 of the show:</p>
<p><object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/hYE4gO0b3K4&#038;hl=en&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/hYE4gO0b3K4&#038;hl=en&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object></p>
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		<title>Trusting the Government</title>
		<link>http://blaynesucks.com/2009/03/08/trusting-the-government</link>
		<comments>http://blaynesucks.com/2009/03/08/trusting-the-government#comments</comments>
		<pubDate>Sun, 08 Mar 2009 23:38:49 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Life]]></category>
		<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Television]]></category>
		<category><![CDATA[Change Congress]]></category>
		<category><![CDATA[corruption]]></category>
		<category><![CDATA[Lessig]]></category>
		<category><![CDATA[money]]></category>
		<category><![CDATA[Ronald Regan]]></category>
		<category><![CDATA[trust]]></category>
		<category><![CDATA[Winston Churchill]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=457</guid>
		<description><![CDATA[Larry Lessig spoke at Google about his Change Congress movement on February 19th of this year. Although I respect Larry Lessig deeply for the incredible way that he articulates his concerns, I can&#8217;t agree with his approach to improving trust in the government and fighting corruption in Congress. Essentially, he believes that money engenders mistrust, [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.lessig.org/blog/2009/03/me_google_re_change_congress.html">Larry Lessig spoke at Google</a> about his <a href="http://change-congress.org/">Change Congress</a> movement on February 19th of this year.  Although I respect Larry Lessig deeply for the incredible way that he articulates his concerns, I can&#8217;t agree with his approach to improving trust in the government and fighting corruption in Congress.  Essentially, he believes that money engenders mistrust, even when it doesn&#8217;t actually affect policy decisions.  He thinks we need to radically change the way funding for elections works in the government by making elections publicly funded.  The goal of this is to reduce corruption in Congress by allowing the public to trust their politicians, or at least to eliminate a major barrier to trusting politicians.  If you are interested, I have embedded the video below:</p>
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<p>My primary problem with his view is best visible around the 49.5 minute mark, which is during the Q&#038;A session after the presentation.  The questioner asks about other forms of money influencing policy.  Lessig&#8217;s response is essentially to say that other forms of money are acceptable so long as the direct tit-for-tat is eliminated.  He claims that the change he desires isn&#8217;t as impossible as we might think.  He is alright with money being spent to advocate for a political position so long as the money is not being used to bribe a particular politician.  Essentially, he wants to remove any possibility that a politician will be paid for a political position.</p>
<p>This is an extraordinarily fine distinction to make simply because there are so many different forms of &#8220;payment.&#8221;  He talks about politicians choosing a political position because a lobbiest would fund a swimming pool for them if they did.  This is a relatively black and white case that almost everyone can agree is bad.  However, what about a policy conference in Hawaii?  Does the answer change if the conference is held in Lincoln, Nebraska?  Certainly it should be legal for an organization to cover travel expenses to enable face-to-face discussions with legislators, but where do you draw the line?  When does an important policy conference turn into a junket?</p>
<p>The problem is not just about trying to split hairs over what constitutes a direct payment to a candidate.  There are so many other ways that money affects an election.  Special interest groups can buy <a href="http://www.citizen.org/congress/campaign/issues/issue_ads/articles.cfm?ID=15171">issue ads</a>, which are effectively unregulated since all they have to do is pass the pathetic magic words test.  Celebrities have a megaphone through which they can speak.  How much money would it cost a random soccer mom from Iowa to match the impact of Oprah&#8217;s endorsement?  Powerful CEOs, Union leaders, academics, and other non-politicians can sway an election by speaking, organizing rallies, putting together publicity events, and generally campaigning for their chosen politician.  At what point does this &#8220;speech&#8221; count as &#8220;money?&#8221;</p>
<p>The money quote (pardon the pun) of his entire presentation is part of his answer to that same question (transcribed from his speech):</p>
<blockquote><p>Until you focus on how this economy has changed in the last 12 years and realize that all we&#8217;re talking about is just getting us back to 40 years ago, like the balance of 40 years ago, then I think it&#8217;s not such an extraordinary, radical change.</p>
<p align="right">Lawrence Lessig</p>
</blockquote>
<div class="wp-caption alignleft" style="width: 199px"><img alt="The official Presidential Photograph of Richard Nixon, the 37th President of the United States" src="http://upload.wikimedia.org/wikipedia/commons/0/01/36_Richard_Nixon_3x4.jpg" title="Richard Nixon, 37th President of the United States" width="189" height="252" /><p class="wp-caption-text">Richard Nixon, 37th President of the United States</p></div>
<p>Ahh, the balance of 40 years ago, when Richard Nixon had just been sworn into office.  Truly, such is the picture of trust in the government.  Perhaps I&#8217;m just taking advantage of a verbal miscue (though if you&#8217;ll listen to his talk, I don&#8217;t think I&#8217;m taking this out of context), but more broadly, has there ever been a time when any government was not, quite simply, just generally corrupt?  These are human institutions with built-in human flaws.  </p>
<p>Let me be clear, I agree with Lessig when he says that we can&#8217;t trust our politicians.  I might even be convinced to support some form of public funding for elections.  I simply disagree that public funding of elections will affect corruption in government in any revolutionary fashion.  There are just too many ways that &#8220;money&#8221; can influence an election.  I&#8217;ll paraphrase something I first heard years ago on <a href="http://westwing.bewarne.com/third/50gonequiet.html">an episode of The West Wing</a>:  &#8220;Money in politics is like water on cement; it finds every crack and crevice.&#8221;</p>
<p>I&#8217;m not saying anything new here.  Perhaps <a href="http://www.cato-at-liberty.org/2008/07/16/larry-lessigs-crusade-against-money-in-politics/">Tim Lee said it best</a>:</p>
<blockquote><p>Lessig seems to think there once was, or someday can be, a pristine political process untainted by “money in politics.” But that represents a fundamental misunderstanding of what the political process is and how it works.</p>
<p align="right">Timothy Lee</p>
</blockquote>
<p>Government, not money, is the problem.  The whole point of politics is to apply one rule to a group of people who disagree about what to do.  Of course the process is going to be corrupt; that&#8217;s the only possible outcome.  The political elite always get better outcomes than the average citizen.  So what is a better solution?  If you can&#8217;t eliminate corruption in government, then you should limit government as much as possible.  Limited government is the best, the only, way to reduce corruption in government.  </p>
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		<title>Transparency in U.S. Government Documents</title>
		<link>http://blaynesucks.com/2009/03/06/transparency-in-us-government-documents</link>
		<comments>http://blaynesucks.com/2009/03/06/transparency-in-us-government-documents#comments</comments>
		<pubDate>Fri, 06 Mar 2009 17:28:42 +0000</pubDate>
		<dc:creator>Aaron Massey</dc:creator>
				<category><![CDATA[Politics and Law]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[Carl Malamud]]></category>
		<category><![CDATA[government documents]]></category>
		<category><![CDATA[Larry Lessig]]></category>
		<category><![CDATA[Technology Liberation Front]]></category>
		<category><![CDATA[transparency]]></category>

		<guid isPermaLink="false">http://blaynesucks.com/?p=432</guid>
		<description><![CDATA[Our government requires transparency to operate as a functional participatory democracy. It&#8217;s not optional. If we do not have an informed citizenry, then we don&#8217;t have a participatory democracy. The Sunlight Foundation considers improving transparency to be a key reason for their existence. Larry Lessig wants to improve transparency in congressional funding to Change Congress. [...]]]></description>
			<content:encoded><![CDATA[<p>Our government requires transparency to operate as a functional participatory democracy.  It&#8217;s not optional.  If we do not have an informed citizenry, then we don&#8217;t have a participatory democracy.  The <a href="http://www.sunlightfoundation.com/about/">Sunlight Foundation</a> considers improving transparency to be a key reason for their existence.  Larry Lessig wants to improve transparency in congressional funding to <a href="http://change-congress.org/">Change Congress</a>.  Hugo Teufel, the former Chief Privacy Officer at the Department of Homeland Security, considers transparency to be the <a href="http://www.computerworld.com/action/article.do?command=viewArticleBasic&#038;taxonomyId=14&#038;articleId=9126778&#038;intsrc=hm_topic">most important principle</a> when it comes to privacy in the war on terror.  </p>
<p>The first step in transparency is access, so let me ask a simple question: Are U.S. Government documents copyrighted?  More specifically, Are State or Federal Laws protected as copyrighted works in and of themselves?  <a href="http://www.boingboing.net/2008/04/15/oregon-our-laws-are.html">Oregon decided to use copyright law to protect their statutes</a> from being posted online.  In this case, Carl Malamud of <a href="http://public.resource.org/">Public Resource</a> fought back. If your intuition is telling you that laws are in the public domain and not subject to copyright, then you are correct for the most part, but the situation is really quite a bit more complicated than that.  </p>
<p>To investigate a bit of this complication, consider the way the government publishes the law.  It&#8217;s done in a piecemeal fashion, one law at a time.  Yes, there is some structure to the publishing process, but you don&#8217;t have to read much of a law to realize that there are a zillion cross references to other laws.  This doesn&#8217;t even begin to include case law, which clarifies the interpretation of a legal text.  Ed Felten <a href="http://www.freedom-to-tinker.com/blog/felten/copyright-technology-and-access-law">poses the scenario</a> thusly:</p>
<blockquote><p>Suppose I gave you a big stack of paper containing all of the laws ever passed by Congress (and signed by the President). This wouldn&#8217;t be very useful, if what you wanted was to know whether some action you were contemplating would violate the law. How would you find the laws bearing on that action? And if you did find such a law, how would you determine whether it had been repealed or amended later, or how courts had interpreted it?</p></blockquote>
<p>Companies like <a href="http://west.thomson.com/home.aspx?">Thompson West</a> have made billions of dollars publishing information to guide lawyers that must answer questions like this.  Typically, these summaries and indices are protected under copyright law as extra-value content.  Thus, for virtually all practical purposes, U.S. Government Documents are copyrighted.  If you are interested in more information on this, I would highly recommend <a href="http://james.grimmelmann.net/essays/CopyrightTechnologyAccess">James Grimmelman&#8217;s primer on the subject</a>.</p>
<p>Of course, it&#8217;s not just legal texts that are technically in the public domain, but remain plagued by access problems.  Court records are also public documents.  Once again, this is critical to the very structure of our government.  The words &#8220;secret government trial&#8221; should send chills down the spine of any American.  However, as <a href="http://blog.wired.com/27bstroke6/2009/02/why-does-pacer.html">Joe Lieberman recently argued</a>, they are still &#8220;behind a paid firewall.&#8221;  (This firewall apparently comes complete with <a href="http://pacer.psc.uscourts.gov/">a government website from 1999.</a>)  Carl Malamud of Public Record is <a href="http://www.wired.com/politics/onlinerights/news/2008/12/open_pacer">once again on the case</a>.</p>
<p>Side note: Carl Malamud is <a href="http://blog.wired.com/27bstroke6/2009/02/rogue-archivist.html">running a campaign</a> to be nominated by the Obama administration as the Public Printer of the United States.  He&#8217;s garnered the support of <a href="http://www.lessig.org/blog/2009/02/carl_should_head_the_gpo.html">Larry Lessig</a>, <a href="http://radar.oreilly.com/2009/03/bulk-data-downloads-government-transparency-breakthrough.html">Tim O&#8217;Reilly</a>, and the <a href="http://www.eff.org/deeplinks/2009/03/yes-we-scan">EFF</a>.  (Not to mention Canadians like <a href="http://www.boingboing.net/2009/02/25/yes-we-scan-carl-mal.html">Cory Doctorow</a> and <a href="http://www.tbray.org/ongoing/When/200x/2009/03/02/Carl-for-Printer">Tim Bray</a>!)  You can read more about his campaign at <a href="http://yeswescan.org/">Yes We Scan</a>.</p>
<p>Technology is changing the landscape of transparency in government documents rapidly.  Many of the problems are already solved.  The cost of maintaining a website &#8220;containing all of the laws ever passed by Congress (and signed by the President)&#8221; is orders of magnitude cheaper than managing all this information in print.  Ed Felten&#8217;s group at Princeton has argued extensively for an <a href="http://freedom-to-tinker.com/blog/felten/government-data-and-invisible-hand">open government model</a> that would <a href="http://www.cato.org/event.php?eventid=5475">just give us the data</a>.  </p>
<p>Yesterday the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/03/05/AR2009030501060.html">Obama administration announced</a> that Vivek Kundra will be the &#8220;Chief Information Officer&#8221; for the United States.  If you are interested in more information on Kundra, I would strongly recommend <a href="http://techliberation.com/2009/01/27/tpw-40-obama-e-government-transparency/">this excellent podcast on transparency</a> in the Obama administration from the <a href="http://techliberation.com/">Technology Liberation Front</a>.  They discuss their thoughts on the position, his experience as the CTO for the city government of Washington DC, and several other aspects of transparency in the Obama administration.</p>
<p>The future is quite interesting for the development of transparency in government documents.  Personally, I think dramatic improvements in public access of U.S. government documents are inevitable, whether they come from individuals like Carl Malamud, corporations like Thompson West, or from the government itself.  The only question left is when&#8230; </p>
<p>[Update: The Technology Liberation Front <a href="http://techliberation.com/2009/03/06/tpw-43-public-access-to-court-records/">posted another podcast today</a> about PACER and accessing online court records.  It features <a href="http://www.cs.princeton.edu/~tblee/">Tim Lee</a>, <a href="http://james.grimmelmann.net/">James Grimmelmann</a>, and <a href="http://cyber.law.harvard.edu/people/SSchultze">Steve Schultze</a>. I highly recommend it!]</p>
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