Phoenix Newspaper at Center of Free Press Debate

Maricopa County in Arizona is in the news again, this time for a Grand Jury subpoena issued by County Attorney Andrew Thomas, who had convened a Grand Jury to investigate the Phoenix New Times newspaper because they had published the address of Maricopa Sheriff Joe Arpairo. The attorney also demanded the internet addresses of every person who had accessed the paper's website dating back to 2004 and information detailing what websites those visitors had accessed prior to visiting the one for the newspaper.

Late last week, two New Times founders were arrested and jailed for publishing the info on the sheriff, even though his home address appears on numerous government websites, all open to public view. Someone has a lot of explaining to do on this abuse of the court powers:


"Phoenix New Times.... was threatened with felony prosecution for publishing Sheriff Arpaio's address on its website in 2004. After an adjoining jurisdiction declined to press charges, Arpaio's political ally, Maricopa County Attorney Andrew Thomas, convened a grand jury to "investigate" charges the paper broke the law when it published Sheriff Arpaio's address.

Last week, Phoenix New Times' founders Michael Lacey and Jim Larkin were arrested and jailed after the paper published a story about the grand jury and subpoenas they had received that demanded detailed Internet records of any person who had visited the newspaper's website since 2004, as well as all notes and records from any reporter who had written about the sheriff in the preceding three years.

After Larkin and Lacey were arrested an outpouring of shock and anger accompanied widespread media coverage of the case. The response created a groundswell of support for New Times. The charges were dropped less than 24 hours later after Thomas admitted that his office had made "serious missteps" in the case.

"The actions of Mr. Thomas and Sheriff Arpaio in this case are beyond outrageous," said AAN Executive Director Richard Karpel. "They abused their offices by engaging in Gestapo-like tactics designed to silence a newspaper that has been highly critical of them in the past."

Rightfully, this mess started a firestorm of complaints and now the entire Grand Jury case is being investigated as news organizations are suing for access to those Grand Jury documents:

"Thomas has "no objection" to unsealing the grand jury material and will support the media outlets' motion, spokesman Mike Scerbo said. He declined to elaborate, citing the legal restrictions on discussing grand jury matters.

Superior Court Presiding Criminal Judge Anna M. Baca scheduled a hearing Wednesday on the media outlets' request.

"That record will provide a full accounting of what has happened to date, and will enable the public to judge for itself whether the officials have acted appropriately, and whether the grand jury process has been abused," attorney David Bodney wrote in the media outlets' motion.

Though the subpoena covered multiple articles on Arpaio, Thomas has said the investigation was triggered by New Times' publication of Arpaio's home address.

State law prohibits online publication of personal identification of law enforcement officers. New Times reported Arpaio's address in a 2004 story, published both online and in print, on Arpaio's real estate holdings.

Thomas announced he wasn't aware of how a special prosecutor he'd appointed was conducting the investigation, that key aspects of the investigation were mishandled and that he was dropping the case and dismissing the special prosecutor.

The former special prosecutor, Dennis Wilenchik, did not immediately respond to telephone and e-mail requests for comment Monday.

Camera Obscura - A Monday Vampire Roundup

Halloween approaches and since vampires ruled the movie box office this weekend, why not start your Monday with vampires?

The vampire movie "30 Days of Night" opened this weekend and claimed the top spot in box office dollars. Based on a comic book, the story is about an Alaskan town which is about to endure a month without daylight. Something which happens in Alaska, so why, I wonder, did vampires never settle there long ago? Maybe it's the cold.

Josh Hartnett is your hero in the movie, but the real star is the leader of the vampire pack, Danny Huston. As for the Washington Post writes:

"And while Hartnett and Melissa George (as his estranged wife) make functionally appealing characters, the real star of "30 Days" is Danny Huston. As the animalistic leader of the pack, he's as disturbing as he is compelling, a feral creature with all senses at full capacity. If there's an action figure, I'm ordering one."

Newscoma also watched the movie and has a review too:

"If you dig horror movies, go see it for Huston’s performance and the way the movie is shot when the monsters are on the screen."

I like vampire movies, meaning they do not scare me. I enjoy them. A movie which scares me is something like "Steel Magnolias". The thought of having to watch that movie makes me shiver with revulsion.

And this leads to a question for all of you -- what is your favorite vampire movie? Who has done the best job onscreen of being a vamp? A quick search for 'vampire' at IMDB reveals thousands of movies to pick from.

Here are some of my choices.
Dracula (1931) -- Tod Browning's movie remains the vampire icon of movies. Bela Lugosi's face, voice and costume are still known around the world. He even inspired a character for Sesame Street and a box of cereal. The movie, stilted somewhat by today's standard, still has fantastic scenes.

Horror of Dracula (1958) -- British mega-star Christopher Lee made a fantastic Count Dracula, though he surely tired of the role and the work offered by Hammer Films. But this first one is still a great movie, and Lee knows how to scare you.

Blade and Blade 2 (1998, 2002) -- Wesley Snipes is both vamp and vamp hunter, and these first two movies are mighty fine. The opening "blood rave" party in the first movie is a jaw-dropping nightmare of vampires in a club scene. The third Blade movie is a joke. The first two, however, are fine fun.

Fearless Vampire Killers; or Pardon Me But Your Teeth Are In My Neck (1967) -- Director Roman Polanski's horror-comedy is a must-see. Gorgeous location shooting, packed with excellent characters both funny and scary, the movie is moody and dark and funny all at once. Polanski also plays part of a bumbling vampire hunter team, and Ferdy Mayne is like the sleaziest Goth of all time.

Now just for laughs in recent years, it is hard to top the very awful Wes Craven movie "Dracula 3000". It's on a spaceship and you get to see such performers as Coolio and Tiny Lister as vampires. That makes for some cringe-inducing comedy.

And since I am a massive fan of the TV show "Buffy The Vampire Slayer", I must mention just how much fun it is to watch Spike and Dru as vampire villains. They really shine in Season Two.

What are your choices?

Halloween 2007

For an oh-so-brief-time each year, I get the chance to present my Halloween mast for this old Cup of Joe.

A brand spankin' new Camera Obscura of movies and DVDs will be posted later today (sorry, make that on Sunday afternoon!!), so come back for that.

In the meantime, a Halloween-ish offering:

THE CONQUEROR WORM

by Edgar Allan Poe

Lo! ’t is a gala night

Within the lonesome latter years!

An angel throng, bewinged, bedight

in veils, and drowned in tears,

Sit in a theatre, to see

A play of hopes and fears,

While the orchestra breathes fitfully

The music of the spheres.

Mimes, in the form of God on high,

Mutter and mumble low,

And hither and thither fly—

Mere puppets they, who come and go

At bidding of vast formless things

That shift the scenery to and fro,

Flapping from out their Condor wings

Invisible Wo!

That motley drama—oh, be sure

It shall not be forgot!

With its Phantom chased for evermore

By a crowd that seize it not,

Through a circle that ever returneth in

To the self-same spot,

And much of Madness, and more of Sin,

And Horror the soul of the plot.

But see, amid the mimic rout,

A crawling shape intrude!

A blood-red thing that writhes from out

The scenic solitude!

It writhes!—it writhes!—with mortal pangs

The mimes become its food,

And seraphs sob at vermin fangs

In human gore imbued.

Out—out are the lights—out all!

And, over each quivering form,

The curtain, a funeral pall,

Comes down with the rush of a storm,

While the angels, all pallid and wan,

Uprising, unveiling, affirm

That the play is the tragedy, “Man,”

And its hero, the Conqueror Worm.

Register to Win Some Free CDs

There's still time to register to win one of several free CDs of Number One Rock hits - all the details on the CDs and how to register to win are here at this post.

Winners will be announced tomorrow before noon.

UPDATE: We have winners!

The 90s Rock CD goes to Ivy.
The Modern Rock CD goes to Alloyd4.
The Hard Rock CD goes to LeBlanc.

Thanks to all for playing!

Colbert - The Presidential Campaign

A blast of Truthiness hit the mostly lackluster 2008 presidential race last night - Stephen Colbert is running for president. As a Republican. And a Democrat. In South Carolina. His announcement was made last night during his report on the '08 race:



In today's Washington Post, candidate Colbert said:

"It will be a success for me if at the Republican or Democratic convention, someone stands up and says, 'The great state of South Carolina, home of the finest peaches, home of the finest shrimp, casts one delegate for Stephen Colbert.' "

The Porn Star and The State Trooper, Part 2

Since May of this year, Googlers have landed on this page by the thousands to learn about East Tennessee porn actress Barbie Cummings and her encounter with THP Trooper Randy Moss. Yes the jokes pile up all on their own with such names and the infamy of that roadside encounter.

Yesterday, a grand jury indicted Moss on official misconduct charges, who left the THP shortly after the allegations of his sexual roadside attraction hit the internet and the media. (Videotaping their highway romance exists ... you can seek it if you wish.) In today's edition of the Knoxville News Sentinel, reporter Matt Lakin had some pun-filled moments in getting us all up to date on Barbie (real name is Justis Ellen) and Randy:

"Cummings’s Web site drew more than 200,000 hits in the days afterward and recently won the title of East Tennessee’s best blog in an annual News Sentinel poll — even though the blog went down months ago.

Cummings started a new blog this month. She says she’s quit the porn industry, settled down with a boyfriend and has become pregnant.

She wrote that she’s studying nursing and looking forward to becoming a mother.

“I have come a long way,” she wrote. “I wouldn’t say I have ‘improved’ or changed for the ‘better’. I have no regrets in life, and if I could, I would do everything over again!”

Matt's full story is here.

If the porn (I mean former porn) star's blog ranked as the Best ET Blog, then I must ponder on just how much porn need be added to this blog to entice readers. Does just writing the word porn, porn, porn titillate Google's search engines enough to seize attention? Probably. And if net-surfers arrive here and find no hot pictures of Barbie Cummings, will they angrily leave, crying out "There's No Justis?"

Your jokes may vary.

UPDATE: My shameless wordplay is obvious.

Vote For Limited Ban on Internet Tax Passes

This afternoon the House voted 405 - 2 to keep a ban on internet taxation, but only for 4 years, and the bill still has to go the the Senate for approval. TN Senator Lamar Alexander is pushing a bill that keeps the ban in place for 4 years, then allows for cities and states to start piling on taxes.

Michael Silence notes the news here.

Some states, like Texas, already have a tax on internet access, which the new legislation keeps intact. The cost for Texas residents? 25 dollars a month tacked on to the price to access the Web.

Meanwhile, the US Treasury Secretary and the Secretary of Commerce say a permanent ban needs to be the priority:

"U.S. Treasury Secretary Henry M. Paulson and Commerce Secretary Carlos M. Gutierrez issued a statement today calling on Congress to make permanent the moratorium on Internet access taxes and on multiple or discriminatory taxes on electronic commerce. ...

"Although we recognize that a temporary extension is better than letting the moratorium expire, we are extremely disappointed that the legislation does not extend permanently the moratorium on Internet access taxes and on multiple or discriminatory taxes on electronic commerce. The Internet is an innovative force that opens up the vast potential economic and social benefits of electronic commerce.

"Preventing the taxation of Internet access and keeping the Internet free of multiple or discriminatory taxes will help sustain an environment for innovation, help ensure that consumers continue to have affordable access to the Internet, and strengthen the foundations of electronic commerce as a vital and growing part of our economy."

For more info, see yesterday's post.

UPDATE: I received the following press statement from Senator Alexander's office this afternoon:

"WASHINGTON- U.S. Senators Tom Carper (D-DE) and Lamar Alexander (R-TN) issued the following response to the vote by the U.S. House of Representatives to approve a four-year extension of a moratorium on state and local taxes on Internet access. The first tax ban was passed in 1998 and the current moratorium is set to expire on Nov. 1. This extension exempts some states that approved taxes prior to the original enactment.

“By extending the Internet tax moratorium four years, the House of Representatives has protected internet users. The Senate should follow suit with a temporary extension of the moratorium before the current moratorium expires on November 1. We’ve said from the start that a permanent ban is not good public policy. Rather, Congress should periodically look at this law to make sure it keeps pace with new technologies. Since the moratorium was enacted in 1998, we’ve extended it twice while changing the law substantially to meet changing technology.”

Carper and Alexander are cosponsors of similar legislation in the U. S. Senate. The measure passed the House by a vote of 405-2."

More On Internet Taxation

Some in Congress, such as Tennessee Senator Lamar Alexander, are looking for ways to allow cities and counties and states to start charging you new taxes for accessing the internet. I mentioned this last week along with my objections and questions about such legislation.

There was a state legislative effort earlier this year (fortunately defeated) to allow telephone companies to bypass local franchise agreements for offering cable television and alter the law for a single state application for service, which I wrote about as well.

And given the push for internet taxation, it is worth recalling that if that telephone companies get their way when they push their legislation again, cities and counties will lose income. As I said before: "If the state does approve the end of locally created franchise agreements, then cities and counties will be looking for new ways to replace that lost income - more taxation."

Also, I received some emails about whether or not Tennessee taxed internet access. So I point out this post from Les Jones on that topic from 2004, when the state eliminated internet access taxes.

So some suggestions for those favoring taxing internet access to create revenue for cities and counties - do not allow the franchise laws to be changed, and look instead to the potential income such already established agreements could bring. It makes no sense to me to always charge the end-user higher and higher fees. Consistent and open competition for service is the way to go. Seeking new ways to tax an ever-expanding technology will harm both expansion and competition.

Illegal Wiretaps Started Before 9-11?

Allegations are emerging now that the NSA, authorized by the White House, began using warrantless surveillance programs months and months before the terrorist attacks on Sept. 2001. The program was widespread and threats were leveled at phone companies who did not comply. A report in the Washington Post says:

"[Former Qwest CEO Joseph] Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts.

The allegations could affect the debate on Capitol Hill over whether telecoms sued for disclosing customers' phone records and other data to the government after the Sept. 11 attacks should be given legal immunity, even if they did not have court authorization to do so.

Spokesmen for the Justice Department, the NSA, the White House and the director of national intelligence declined to comment, citing the ongoing legal case against Nacchio and the classified nature of the NSA's activities. Federal filings in the appeal have not yet been disclosed.

Wired Magazine has more, noting others who have made the same claims about the date when these programs actually began. The information completely undercuts claims by the president that warrantless wiretaps are vital to a war on terrorism, since he began authorizing prior to the terrorist attacks.

Does this explain why the White House is pushing hard for full immunity for those telecoms who allowed for the illegal eavesdropping?

UPDATE: Kevin Drum writes:

"Unlike, say, MoveOn ads or Rush Limbaugh shows, this really does seem like a worthy object of congressional investigation, doesn't it?"

Insect Spies and RoboBugs

Is it strange enough for you yet? If not, check out this Washington Post report on the uses and fears of spying insects.

"No agency admits to having deployed insect-size spy drones. But a number of U.S. government and private entities acknowledge they are trying. Some federally funded teams are even growing live insects with computer chips in them, with the goal of mounting spyware on their bodies and controlling their flight muscles remotely."

I have to add this question: Are cameras and camera phones somehow unworkable now? 'Cause someone could just take a picture, ya know?

Schools like Vanderbilt, Caltech and Harvard are working on this sci-fi movie ... I mean New Frontier of Science. More info and more strange comments and rumors at PopSciBlog.

More Free NumberOnes CDs

Readers responded so strongly to the contest earlier this year for free CDs of Number One hits, we're doing another giveaway.

This time, readers can enter to win a copy of NumberOnes in the genres of Hard Rock, Modern Rock and 90s Rock from Universal Music. All discs are in Eco-Friendly packaging, so you won't need a chainsaw to open the CDs!

To enter for the giveaway, just leave a comment on this post and make sure to include your email. Also, mention which disc you would like to win. Winners will be announced next Friday at noon, so be sure and enter before then! Winners will be selected in a random drawing from all entries.

The musicians featured on these discs include Blue Oyster Cult, Golden Earing, The Cranberries, Collective Soul, Deep Purple, Live, Robyn Hitchcock,Sum 41, Smash Mouth, The Wallflowers and many, many more.

The track listing for the Hard Rock disc is here.

Track listings for Modern Rock here.

Track listing for 90s Rock here.

So leave a comment and show your love for free Rock and Roll!

Update: WE HAVE WINNERS!!!!!!!!

The 90s Rock CD goes to Ivy.
The Modern Rock CD goes to Alloyd4.
The Hard Rock CD goes to LeBlanc.

Many thanks for taking the time to enter this contest and congrats to the winners!

Gore's Peace Prize Win Brings Attacks

As sure as night follows day, the indignant hostility of many in Tennessee and nationwide followed the announcement that former Vice President Al Gore shared a win of this year's Nobel Peace Prize with a U.N. Panel on Climate Change. And as this day continues, the hate-talk will spread across the typical sources on talk radio and on TV and in newspapers and blogs. Time to hate, hate, hate!

Folks sure do hate Al Gore and the U.N. Some really hate Gore, like TN State Rep. Stacey Campfield. And the TN Center for Policy Research continues to hate Gore, as if it were part of their DNA: "Handing a Nobel Prize to Al Gore, a proven hypocrite on the issue of climate change, would be an injustice to the many people bravely fighting for peace and freedom throughout the world,” said Tennessee Center for Policy Research President Drew Johnson."

Some folks hate the Nobel Committee.

Some folks hate the idea of Climate Change as either a reality or a fantasy-hoax.

Comments left on this article of the win from the Knoxville News Sentinel reveal how deep the hate goes, and how it spreads to connect to almost any topic imaginable.

ACK at Volunteer Voters has a roundup of reactions, some happy, many not.

I suppose it is important to some to have a specific person to hate, to blame for all evils of the world, to be the emblem of all things wrong. Perhaps the hate serves as some soothing balm for all the things that irritate.

Death at TN Juvenile Facilty Ruled Homicide

The Chad Youth Enhancement Center in Middle Tennessee has seen continuing reports of abuse of its juvenile clients and now a death there has been ruled a homicide. The company which operates the for-profit facility is King, based in Prussia, PA and also has 110 'behavioral health' facilities in 33 states.

Tennessee medical examiner Bruce Levy says a 17-year-old from Philadelphia, PA died this summer from strangulation after a fight with two staffers at Chad. The Philadelphia Inquirer reports:


"Tennessee child-welfare officials have already cited Chad over the confrontation, saying the facility's workers needlessly provoked Leach.

The officials said a Chad staffer should have given Leach space to calm down June 2 when Leach had retreated to a dorm after a fight with another resident.

Instead, the staffer, Randall D. Rae, 22, ordered Leach to leave the dorm, and Leach attacked him, according to investigators. The two struggled for a period. At some point, Rae turned his grip on Leach over to another aide, Milton G. Francis, 31.

Police said the aides had told them that they put Leach face-down on the floor with his hands pulled behind his back in a restraint method taught as part of routine Chad procedure. Neither Rae nor Francis could be reached for comment.

The procedure is known as the "Handle With Care" system. According to the instruction manual at use at Chad, the system is "an incredibly effective and safe restraint method."

Investigators will present evidence of this case to a Grand Jury. Meanwhile, officials with Chad say:

"Chad said it had a "nurturing and positive environment," but would hire more staff."

Government Hungers for Internet Taxation

If you use the internet for any reason - from shopping to reading to connecting with friends and family - the current debate of internet access taxation is aimed at you. Unless Congress takes action, a ban on taxing your access to the internet will expire on Nov. 1.

With the tax ban in place, the economic growth and the spread of internet access has been phenomenal. Access has changed the way we communicate and do business, changed politics, changed education, and more changes will come as well. The technology too has been changing.

Some state government leaders are complaining that the boom of sales on the internet has meant a loss of tax dollars for such states. Yet, wherever Americans shop, the money they spend will still make its way into a tax revenue stream. Here's a reality check: A slower growth on spending and taxation by states places a bigger burden on state governments to spend more wisely and to prioritize spending. Residents, business and government will benefit from that.

Some in Congress are pushing for a permanent ban on internet access taxation. And some fear what effects that might have, since as yet unknown technologies may develop and avoid even more current tax structures. I keep sensing this philosophy that All Things Must Be Taxed is deeply ingrained in many government offices. A constant and effective oversight of government spending and the tracking and eliminating of wasteful spending is just one way to insure government has the funds it needs for vital services. Simply adding a new tax discourages such efforts.

Tennessee Senator Lamar Alexander has a bill now which would keep the ban in place for 4 years, but then open the way for every city, county and state to then begin taxing internet access, especially on bundled services. Sen. Alexander says that 4-year period will allow time for Congress to create legislation appropriate to the technology.

Some info from Sen. Alexander's website:

"In short, Carper-Alexander legislation improves the existing moratorium by closing tax loopholes and clarifying the definition of “Internet access” to better protect essential goods and services provided by state and local governments.

The Carper-Alexander bill alters the definition of tax-free, “Internet access” to ensure that a consumer’s connection to the Internet, including email and instant messaging, remains tax-free. At the same time, the bill closes a loophole in the original 1998 moratorium that could allow an Internet Service Provider to bundle Internet access with other services and make them all tax-free.

This loophole is important because it could harm the traditional tax base of state and local governments. In 2004, the last time Congress extended the ban, Congress exempted voice-over-Internet-protocol services from the moratorium because of fears that states and localities could lose billions of dollars in revenue as telephone services migrated to the Internet.

As the Internet continues to grow and more services migrate to the Internet, Sens. Carper and Alexander said it makes sense to close that loophole and define “Internet access” exclusively as the connection between a consumer and the Internet Service provider. Such clarity will continue to ensure that Internet access is tax free, while also ensuring state and local governments do not have to come up with new – and potentially more burdensome – sources of revenue to pay for teachers, firefighters and health care services.

“Our bill would ensure that consumers continue to enjoy tax-free access to the Internet, including email and instant-messaging,” said Sen. Carper. “In the meantime, we fix many problems with the current law so that as future services, such as cable television, migrate to the Internet, we don’t completely erode the tax base of state and local governments.”

We should not undermine the ability of governors and mayors to pay for goods and services that everyone depends on. A temporary extension, as we have in our bill, will allow us to keep Internet access tax free, while giving Congress more time to understand the Internet’s evolution and what it means for state and local governments.”

“This is a common sense compromise that would extend the moratorium for another four years without blowing a hole in the budgets of state and local governments,” Sen. Alexander said. “A permanent moratorium would create a massive federal unfunded mandate, which members of Congress have repeatedly promised not to do. When the federal government starts restricting Tennessee’s ability to raise revenue that means increased tuition, higher sales tax on food and even a state income tax are just around the corner.”

I note again the concept here is on increasing tax revenues, not on keeping spending limited. Unknown costs are certainly troubling to states and cities - which again says to me that future leaders need to be even more informed and active in seeking ways to limit government growth and not just assume that government must continue to grow.

Another perspective from the National Review Online:

"This new Internet-access tax could do real damage to the U.S. economy, which is finally starting to get its feet back under itself from the tech implosion of 2000-01. In this nascent recovery, growth is again being propelled by technology and knowledge-based industries. At the very heart of this critical debate is the question of whether the Internet should be treated as a tax- and regulation-free form of commerce, or should be converted into a new cash cow for government officials to fund favored programs.

Sen. John McCain and others have decided to stop Lamar and his small band of tax-the-Internet cronies, and have introduced a compromise to address all of the legitimate concerns outlined by the state and local groups regarding their existing tax base for telecommunication services. The McCain compromise will extend the expired moratorium on Internet-access taxes for four years, phase out taxes on Digital Subscriber Lines ("DSL") that states had illegally started to collect, and address concerns about the treatment of Voice Over Internet Protocol (VOIP). The compromise will bring the necessary votes to finally pass an Internet-tax moratorium out of the Senate.

In 1998, Congress wisely declared the Internet a tax-free zone by establishing a moratorium on Internet-access charges. An "access charge" is just the government's polite way of adopting a new tax. The idea was to prevent the government from causing infant-crib death of this new consumer technology. After all, as Justice John Marshall once observed, "the power to tax is the power to destroy." By all accounts, the Internet-tax moratorium has been a resounding success. In 1985, about one in six American families and businesses had access to the web, now three in four do.

Moreover, e-commerce is the new frontier of business enterprise. International Data Corporation recently estimated that the Internet economy in 2003 reached $2.8 trillion. In the U.S. alone, e-commerce accounted for $500 billion in business activity and employed 2.3 million Americans. The Internet sector of the economy is growing at 12 percent per year compounded. E-commerce, in short, is to the early 21st century what the steam engine was to early-20th-century economic development. Meanwhile, the telecommunications sector of the economy now stands ready to invest billions to upgrade the nation's communications networks and make high-speed (or broadband) Internet access available to all American homes and small businesses, as it is for large corporations today.

All of this is to say, if ever a public policy has worked precisely as hoped, it is the Internet-tax moratorium.

Opponents of the ban on Internet taxes believe that this policy deprives state and local governments who need the money to fund vital public services. Lamar Alexander has absurdly labeled the federal ban on the Internet-access taxes an "unfunded mandate on states." But an unfunded mandate is a requirement by the federal government for the states and localities to spend money. This policy doesn't even deny states and cities a traditional revenue source. Most important, the growth of the Internet and the information economy has been an enormous net positive fiscal development for the states. In the 1990s, as the Internet economy soared, state and local revenues grew at a rate three times the pace of inflation. By the end of the 1990s states and local government coffers were overflowing; it wasn't until the tech bubble burst that government revenues sank.

The proposal by Senator Alexander, along with co-sponsors Kay Bailey Hutchinson and George Voinovich, to allow fees levied on Internet usage seems maddeningly misguided politically given that in just six months voters will decide on which party controls the U.S. House, the Senate, and of course the White House. It makes little sense for Republicans to run for re-election as the party that initiated the nation's first ever tax on the 74 percent of American households who use the Internet."

Another perspective from the Clarksville newspaper says taxation is the only sane response to the internet economy. In my mind, such opinion is reckless and hostile to those who make our economy work.

Your opinion may vary.

"Nobodies": John Bowe on Modern Slavery

Slave labor is sadly alive and well - and not in some distant third world nation. It thrives in the U.S., puts food and clothing in local stores and restaurants, all documented in journalist John Bowe's new book "Nobodies: Modern American Slave Labor and the Dark Side of the New Global Economy" from Random House.

The facts are grim and depressing, and Bowe's book of investigative reporting is nearly impossible to put down once you begin reading. Bowe starts with events in Florida, where companies rely on modern indentured servants to provide products for major companies like PepsiCo, Taco Bell, Tropicana and many more. Herded into hellish camps and manipulated with brutality by labor contractors, one known as El Diablo, human life is worth little. Providing products for sale trumps all other concerns.

In Tulsa, Oklahoma, the John Pickle Company, which makes pressure tanks for oil companies and power plants, workers from India arrived only to have their documents confiscated, forced to live inside a factory building and work for three dollars an hour.

In Saipan, the U.S. Commonwealth, workers make clothing for national retail chains like The Gap and Target - yet free from all U.S. labor standards and immigration controls. Labels are allowed to read MADE IN THE USA, thanks to congressional efforts from Tom DeLay. Most of the workers are women, who earn three dollars an hour and are urged to trade sex for green cards.

Bowe's book is scathing, telling true stories of how much the U.S. economy has melded with brutal labor camps, exempt from law enforcement standards and operate with the local and national officials all ignoring the sometimes deadly camps.

You can read an excerpt from Bowe's book here. Bowe is interviewed by Doug Krizner here.

For most readers, "Nobodies" will astonish and terrify. It not only tells the stories of those forced to work in constant fear and poverty, but also reveals how items we consume daily come from such labor.

Camera Obscura - Jungle Book On Stage; Sweeny Todd

A comment on the previous post from James says it all: "I want my Camera Obscura!"

So here it be, one day later than normal. And here I digress to offer the reason for lateness. I have been most busy this week working with an army of volunteers to help stage the Morristown Theatre Guild's production of the Disney musical "Jungle Book", performed entirely local children. And they have done a fantastic job, no doubt.

Two full casts of the show, with a total of some 70-plus kids, each get to perform on different days. Last night was the opening show for the 'red' cast, and tonite the 'green' cast will open their version. There is a matinee tomorrow, and the show will run for the next two weekends.

So, yes, two casts of 70-plus kids, dressed out in an impressive array of costumes created uniquely for this show means I have been immersed in constant activity with little time left for watching any TV or movies this week. But my recommendations do follow in this post. Still, a little more info about "Jungle Book." (Did I mention all who can should come see this show? Because it is fine entertainment and the kids worked relentlessly to bring the show to life. Ticket and showtime info is here, or come to the Rose Center in Morristown on performcance dates and get tickets at the door.)

So what is it like for me, your humble narrator, to help direct and stage a musical chock-full of kids? Well, of course they all love me. But I am the one who has been most impressed by all of them. They are tireless, they worked very hard this final production week to add in all the cool costumes, makeup, and staging to their singing and dancing and acting. There are a few things some of these kids, who range from age 6 to age 15, have said which made me laugh so much. Like when I asked one child a week or so ago why she was so being so hyperactive, and she joyously shouted "I'VE HAD SUGAR!!!!!!"

Last night, about 50 minutes before we started the show, a boy backstage asked "What are doing? Let's start the show!" I told him he had almost an hour to go before we started and the audience was just now arriving. "WHAT? Man, this is the most messed up thing I've ever seen. I could do the entire show RIGHT NOW!" He stomped off utterly disgusted with Grown-Ups. "Stupid, stupid," he muttered.

The real jewel in this production is that all these kids will conclude the show and have theatre and music and the arts firmly planted in their hearts and minds as Great Fun. They (and their parents) will all continue to seek out more chances to act and sing again and again. To be a part of this massive production, to help plant those seeds of devotion to performing, all has been most enjoyable. I've been working with productions at The Guild off and on for some 20 years now, and the experiences have been some of the best times of my life.

And the community's support for The Guild and the hard work by volunteers, all should make Morristown and Hamblen County very, very proud.

So come see the show! See the monkeys! The giant snake! The elephants! The vultures! The singing jungle! Shere Kahn! Mowgli! Baloo the Bear! Bagheera the panther! See the show!

Oh, and one more thing - I will be directing The Guild's next show, a stage version of Frank Capra's "It's A Wonderful Life", with performances November 30 thru December 16. Auditions will be Oct. 8, 9, 15 and 16 from 5 to 7 pm, held at First Presbyterian Church. All ages are welcome to fill out the large cast.
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Now then, on to some movie and DVD talk which is likely not for children ... hey, adults need fun too.

This week I saw the first previews for the Tim Burton version of the hit Broadway musical "Sweeny Todd, Demon Barber of Fleet Street" starring Johnny Depp. It will be released this Christmas and you can watch the preview here.

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A brand new "Firefly"/"Serenity" movie? Sources say Yes to that. The reports stay that sales of the two DVD versions of the movie and the TV show have been so large, that more is wanted.

And speaking of creations by Joss Whedon, I am very jealous that Nashville is hosting a public performance of the Buffy musical episode "Once More With Feeling". C'mon Knoxville! What are you waiting for?? Join in the fun.

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(Have I just referenced my appreciation for three musicals?? Holy cow. That is a first and will likely never happen again.)

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Must-Have-Cult-DVD of the Week: Robinson Crusoe on Mars. No singing here, but a very cool little sci-fi adventure from the early 1960s. It even has a wee monkey astronaut.

Sen. Alexander Backs Internet Tax

The moratorium on taxation for internet access is set to end on Nov. 1st, unless Congress acts to extend it. Adding taxes to internet access is a terrible idea and will slow down one of the most productive and useful technologies of our time.

The American Cable Association, any many others, remain deeply opposed to the tax, with good reason:

"Testifying before the House Committee on Small Business, the ACA, which represents small cable businesses, said allowing the Nov. 1 moratorium to expire would make it harder for cable operators to deploy broadband service to rural customers. Expanding rural broadband access is a priority for Congress and the Federal Communications Commission.

The moratorium prohibits state and local taxes on Internet access, as well as multiple taxes on electronic commerce."

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"At a time when the costs of running their businesses are increasing, small cable operators are deploying broadband services," ACA vice president of government affairs Ross J. Lieberman said, "despite the financial hurdles of offering such services in rural America. Congress can safeguard these investments and ensure that high-speed-Internet access remains affordable for consumers by passing legislation that prevents state and local governments from imposing taxes on this service."

Tennessee Senator Lamar Alexander supports the tax. Bad move, Senator. Why would you even consider this worthwhile?

UPDATE: I am in contact with Senator Alexander's office via his Deputy Press Secretary Jill Bader, who sent this information to my email:

"Senator Alexander is the lead Republican on this legislation and believes that a “permanent” internet tax ban makes no sense because technology is changing so rapidly. For example, if the original internet tax ban of 1998 had been permanent, it would only have covered dial-up access and anyone using broadband could be subject to taxation today. His legislation is a common sense compromise that would extend the moratorium for another four years, without blowing a hole in the budgets of state and local governments.

You can read more about Alexander’s legislation on his website here."

From that website is the following:

"The Carper-Alexander bill alters the definition of tax-free, “Internet access” to ensure that a consumer’s connection to the Internet, including email and instant messaging, remains tax-free. At the same time, the bill closes a loophole in the original 1998 moratorium that could allow an Internet Service Provider to bundle Internet access with other services and make them all tax-free.

This loophole is important because it could harm the traditional tax base of state and local governments. In 2004, the last time Congress extended the ban, Congress exempted voice-over-Internet-protocol services from the moratorium because of fears that states and localities could lose billions of dollars in revenue as telephone services migrated to the Internet.

As the Internet continues to grow and more services migrate to the Internet, Sens. Carper and Alexander said it makes sense to close that loophole and define “Internet access” exclusively as the connection between a consumer and the Internet Service provider. Such clarity will continue to ensure that Internet access is tax free, while also ensuring state and local governments do not have to come up with new – and potentially more burdensome – sources of revenue to pay for teachers, firefighters and health care services.

“Our bill would ensure that consumers continue to enjoy tax-free access to the Internet, including email and instant-messaging,” said Sen. Carper. “In the meantime, we fix many problems with the current law so that as future services, such as cable television, migrate to the Internet, we don’t completely erode the tax base of state and local governments.”

We should not undermine the ability of governors and mayors to pay for goods and services that everyone depends on. A temporary extension, as we have in our bill, will allow us to keep Internet access tax free, while giving Congress more time to understand the Internet’s evolution and what it means for state and local governments.”

I'll be adding more to this story in coming days and urge readers to carefully explore the Senator's bill as well.

Free Speech Crimes

When Congress passed a recent resolution to condemn an advertisement by MoveOn.org, they did something truly anti-American - legislating official intimidation of free speech, codifying dissent and opinion as actions worthy of censorship.

While the wording of the resolution was most careful to not really name names, the intent was crystal clear: it embraced the censorship of opinion.

Sadly, Democrats decided to play this most dangerous game, rather than shame the game itself. They picked up on the literal daily disgust of many for radio personality Rush Limbaugh and his recent divisive comments regarding soldiers whose opinions aren't of perfect support for the war in Iraq, and considered a resolution to condemn his opinion. And of course, the GOP then offered legislative action to praise Limbaugh.

Now we have Surrealism: Debate about debate. And again, the intent is clear - to label certain opinions as near-crimes.

So the NYTimes decided to run an ad critical of the Iraq war from a Left-Wing group, and sold the ad at a discount. What does it matter? Was a crime committed?

So Rush Limbaugh distorts facts and info to fill out his Right-Wing views. Again, no crime.

Do readers and listeners lack all skill and ability to discern meaning? And even if they do, even if the readers and listeners in every corner of America are too dumb to think objectively, does this mean Congress now will be in charge of fact-checking through legislation? Or are we inching closer to having political speech viewed as potentially criminal?

Every member in Congress who gave a nod to the anti-MoveOn resolution should be ashamed for endangering the concept of free speech.

Any and all who oppose the NYTimes or Limbaugh have a very effective, very powerful tool to sway public opinion and stimulate activism - boycott the product. No elected official need smash the Bill of Rights. Citizens need to exercise their rights.

And while I am here, I'll share more of my opinion - it amazes me that people can stand to listen each day to the hour-stacked-on-hour blamefest of talk radio. Boortz, Limbaugh, Hannity, etc etc, will speak each and every bit of their philosophy within a few days and after that it is all dead-horse-beating. The daily, hourly baptism of sanctimony through blaming The Other Side For Everything is an act I am glad I don't understand. More than a decade now of Radio Blame has built steep and wicked-hot fires of Resentment and Anger, have sucked out positive perspectives and have divided the nation along lines now critically fractured. Will the money and fame the Radio Blamethrowers have received be worth the destruction left behind?

Government Guilty - Now What?

Attorney Richard Hollow got it right in his statement about a Knox County jury finding County government was guilty of violating the law on open meetings:

"This is the first time in the history of Tennessee that a jury has been asked to sit in judgment of its government,” said [KNS Editor Jack] McElroy’s attorney, Richard Hollow. “(The trial itself) is a tremendous victory for the people of Tennessee."

Judge Fansler now considers what to do - current law does not really provide a punishment or a clear course to corrective action when government is found guilty of these charges.

In a perfect world, I would like to see the Judge be able to rule that a special election for the county commission seats be held very soon, and that seems to me to be the one option which would serve best the residents who still consider representative government vital. I doubt he will rule in such a way, and even if he did, he would be stepping into waters any attorney could challenge.

There is an option of existing county officials deciding to do what's best for residents and not what's best for themselves or their careers. I have little belief that's going to happen, based on the reality that just about all elected legislative bodies consistently fudge the law on public deliberations in every county in Tennessee (and likely, in the whole dang world).

For punishment? The law should be altered by state legislators so that any elected official who is found guilty of violating open meeting standards must resign and be barred from seeking elected office again. That might be enough of a deterrent to stop distorting representative government. The problem remains of how residents can report violations and get oversight and judicial review of any offenses. If the KNS had not moved forward with this lawsuit, no headline of "Government Guilty" would exist today.

I should mention too that blogger Russ McBee has been tracking how local media covered this trial on many posts. Excellent overviews and commentary can be found at his site.

And Shots Across the Bow also raises an excellent point in this whole mess:

"I say probably because there is one more reason why the people of Knox County have no cause to celebrate just yet.

This whole mess is their fault.

The folks in Knox County elected commissioners they knew were term limited. Sure, now they want to sit back and jeer at the commissioners, but during the election, they either pulled the lever for them, or stayed at home on election day. What we can't be allowed to forget is that the twelve people who vacated their offices were openly elected by a populace who knew they were likely to be found term limited.

And given that only 8% of eligible voters voted in the City Primary a week ago, I don't see anything getting any better.

So if you're looking for huzzahs and hoorays, look elsewhere. The problem is still here and it's just as bad."

Knox Co. Commission Guilty In Sunshine Law Case

It only took a few hours today for the jurors to return with a guilty verdict for the Knox County Commission, who were accused of violating the state's laws regarding open meetings. The verdict was read out at about 1:30 this afternoon. More details will follow, and updates are frequent at the Knoxville News Sentinel, which brought this lawsuit forward:

"The jury ruled that Knox County commissioners violated the Tennessee Open Meetings Act in setting in secret a specially called Jan. 31 meeting to replace 12 term-limited officeholders.

The jury also opined the commission did nothing to rectify that violation.

Jurors determined that commissioners decided in secret who would win all 12 of the term-limited seats left vacant after a Jan. 12 state Supreme Court ruling.

In the run-up to the meeting at which those appointments were officially made the jury concluded that two appointees, Charles Bolus and Lee Tramel, won their seats not at the public portion of the Jan. 31 meeting but instead in the hallway during recesses.

Finally, the jury officially branded Bolus a liar. Bolus had testified that there was no plan for him to be sworn in early but instead he opted to do so on his own.

Jurors disagreed.

The Knox County Law Department had sought to convince jurors that even if violations of the law were made the Jan. 31 meeting fixed the problem.

Jurors rejected that argument.

It is now up to Chancellor Daryl R. Fansler to decide what penalties to level. The law imposes no criminal sanctions or financial penalties. Instead, Fansler could issue an injunction against commission and order the panel to make the appointments again."

Even watching these events unfold at a distance, that meeting was clearly rife with illegal acts and the appointment process was government at it's worst. I am not one bit surprised the jurors went for the guilty verdict.

Will Knox County appeal?

My advice is to follow the jury's decision, fix the mess ASAP and learn from their blatant errors.

NOTE: Updates and bloggers' reactions are compiled by Michael Silence.