Dec 192022
 

Glenn Kirschner – DC Bar counsel finds Rudy Giuliani committed ethics violation, recommends he be DISBARRED

MSNBC – Fauci Addresses Elon Musk’s Critical Tweets: ‘I Don’t Pay Attention To That’ (Ignore Mrs Greenspan – Fauci has something to say which needs to be heard.)

Robert Reich – How the Corporate Takeover of American Politics Began

Mrs Betty Bowers – Grooming Children with Bibles, Not Drag Queens!

Twitter Willow

Beau – Let’s talk about my son’s questions about Christmas cards….

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Dec 192022
 

Yesterday, I learned that Tom Lehrer has relinquished all copyyright on all of his work, and has posted it all on the internet where it may be freely downloaded. He doesn’t intend to leave it there forever, and it’s already been up more than a month and a hlf, so I have started on it. “Everything” means, if he wrote the music, full lyrics, sheet music, and at least one mp3. If he didn’t write the music, it includes full lyrics. That’s because the music he wrote parody lyrics for is owned by its composer(s) under copyright law. I’m barely up to “D” so I don’t yet know how that applies to “The Elements,” since Sir Arthur Sullivan has been dead long enough that that tune is in the public domain. Since there aren’t that many mp3s, I think if you select one for each song that has one, you could probably fit thosw, all the sheet music, and all the lyrics-only PDFs on a 1 gB thumb drive. And a lot of receivers and players these days will play mp3s straight from a thumb drive. I’m guessing they (or at least mine) will ignore the PDFs and just play through the mp3s and them stop. It may take me a while to find that out.Meanwhile, I did see Virgil today. We and the guard were the only three people in the visitation room – so there was no issue getting the deck of cards. The weather was good – no precipitation, no wind, cold but bearable. It was kind of overcast, which let up for a while and then became worse. I ended up leaving a bit earlier than I had planned, and am glad I did. It doesn’t take long at all to get home. It does, however takeme a while tounwind, change clothes, make dinner, and get to the computer.

I don’t want to forget to remind y’all of thefinal Jan 6 hearing tody, at 1:00 pm Eastern.  This link is to the COmmittees own page at House dot gov, and it should live stream as the hearing starts.  But just in case it gets overlooked (it did for one hearing so far), this link is to the “videos” page at the Committee’s YouTube channel. The hearing should also go live hee, and, maybe more importantly, this is where it will be available after it’s over if you have to miss it live.

Cartoon

Short Takes –

Vox – How an obscure Christian right activist became one of the most powerful men in America
Quote – It’s a significant decision in its own right, and will only prolong uncertainty at America’s southern border. But Kacsmaryk’s order in this case, Texas v. Biden, was merely the capstone of an unusually busy week for this judge. His busy week, and months of earlier actions, show the havoc one rogue federal judge can create, especially in today’s judiciary. The previous Thursday, Kacsmaryk became the first federal judge since the Supreme Court eliminated the constitutional right to an abortion to attack the right to contraception.
Click through for details, if you can stand to. Ugly as this is, I feel there’s a need to know – or at least, a need to know where to find this information.

Daily Kos (Thom Hartmann) – What the Final Stage of Reaganism Looks Like
Quote – Back in 1981, when Ronald Reagan was sworn in and implicitly promised to destroy our government because it was “the problem,” many of us who strongly opposed him wondered what the final stage of Reaganism would look like.
Spoiler – We know because we are in it.

Colorado Public Radio – Michael Bennet proposes a bill that would reform the farmworkers’ visa program
Quote – For more than two years, Bennet and Republican Sen. Mike Crapo of Idaho had been working to come to a compromise on the issue using the House-passed Farm Workforce Modernization Act. This smaller bill is a sign that the effort has failed. Bennet said he was “disappointed” and admitted there have been problems disentangling what this bill does with the politics surrounding border security and immigration writ large. “I think we have to set that politics aside if we’re going to do the right thing for American agriculture,” Bennet said.
Click through – not that it’s exciting. Senator Bennet just quietly works and gets things done. – as much as he can. I am so glad he was reelected. We need him.

Food For Thought

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Everyday Erinyes #349

 Posted by at 3:25 pm  Politics
Dec 182022
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

Heaven knows we have a Second Amendment problem in the United States. But the magnitude of our Second Amendment problem partly stems from, and also distracts from, the huge First Amendment problem we also have – which we have had for a long time, but which has been made painfully obvious by the rise of the internet and social media.

To put it bluntly, hate speech leads to violence, and wide availability of guns leads to that violence being gun violence. To paraphrase the reasoning attributed to Karl Popper, a society cannot be a tolerant society if it tolerates intolerance. It’s easy to say – but it’s extremely hard to legislate and regulate. That’s why I was immediately drawn to this article about what regulating social media need to look like.

Because we cannot afford THIS.
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What social media regulation could look like: Think of pipelines, not utilities

Is the law coming for Twitter, Meta and other social media outlets?
new look casting/iStock via Getty Images

Theodore J. Kury, University of Florida

Elon Musk’s takeover of Twitter, and his controversial statements and decisions as its owner, have fueled a new wave of calls for regulating social media companies. Elected officials and policy scholars have argued for years that companies like Twitter and Facebook – now Meta – have immense power over public discussions and can use that power to elevate some views and suppress others. Critics also accuse the companies of failing to protect users’ personal data and downplaying harmful impacts of using social media.

As an economist who studies the regulation of utilities such as electricity, gas and water, I wonder what that regulation would look like. There are many regulatory models in use around the world, but few seem to fit the realities of social media. However, observing how these models work can provide valuable insights.

Families across the U.S. are suing social media companies over policies that they argue affected their children’s mental health.

Not really economic regulation

The central ideas behind economic regulation – safe, reliable service at fair and reasonable rates – have been around for centuries. The U.S. has a rich history of regulation since the turn of the 20th century.

The first federal economic regulator in the U.S. was the Interstate Commerce Commission, which was created by the Interstate Commerce Act of 1887. This law required railroads, which were growing dramatically and becoming a highly influential industry, to operate safely and fairly and to charge reasonable rates for service.

The Interstate Commerce Act reflected concerns that railroads – which were monopolies in the regions that they served and provided an essential service – could behave in any manner they chose and charge any price they wanted. This power threatened people who relied on rail service, such as farmers sending crops to market. Other industries, such as bus transportation and trucking, would later be subjected to similar regulation.

Individual social media companies don’t really fit this traditional mold of economic regulation. They are not monopolies, as we can see from people leaving Twitter and jumping to alternatives like Mastodon and Post.

While internet access is fast becoming an essential service in the information age, it’s debatable whether social media platforms provide essential services. And companies like Facebook and Twitter don’t directly charge people to use their platforms. So the traditional focus of economic regulation – fear of exorbitant rates – doesn’t apply.

Fairness and safety

In my view, a more relevant regulatory model for social media might be the way in which the U.S. regulates electricity grid and pipeline operations. These industries fall under the jurisdiction of the Federal Energy Regulatory Commission and state utility regulators. Like these networks, social media carries a commodity – here it’s information, instead of electricity, oil or gas – and the public’s primary concern is that companies like Meta and Twitter should do it safely and fairly.

In this context, regulation means establishing standards for safety and equity. If a company violates those standards, it faces fines. It sounds simple, but the practice is far more complicated.

First, establishing these standards requires a careful definition of the regulated company’s roles and responsibilities. For example, your local electric utility is responsible for delivering power safely to your home. Since social media companies continuously adapt to the needs and wants of their users, establishing these roles and responsibilities could prove challenging.

Texas attempted to do this in 2021 with HB 20, a law that barred social media companies from banning users based on their political views. Social media trade groups sued, arguing that the measure infringed upon their members’ First Amendment rights. A federal appellate court blocked the law, and the case is likely headed to the Supreme Court.

A woman in a suit testifies before a congressional committee.
President Biden named Lina Khan, a prominent critic of Big Tech companies, as chair of the Federal Trade Commission in 2021. The agency investigates issues including antitrust violations, deceptive trade practices and data privacy lapses.
AP Photo/Saul Loeb

Setting appropriate levels of fines is also complicated. Theoretically, regulators should try to set a fine commensurate with the damage to society from the infraction. From a practical standpoint, however, regulators treat fines as a deterrent. If the regulator never has to assess the fine, it means that companies are adhering to the established standards for safety and equity.

But laws often inhibit agencies from energetically policing target industries. For example, the Office of Enforcement at the Federal Energy Regulatory Commission is concerned with safety and security of U.S. energy markets. But under a 2005 law, the office can’t levy civil penalties higher than US$1 million per day. In comparison, the cost to customers of the California power crisis of 2000-2001, fueled partially by energy market manipulation, has been estimated at approximately $40 billion.

In 2022 the Office of Enforcement settled eight investigations of violations that occurred from 2017 to 2021 and levied a total of $55.5 million in penalties. In addition, it opened 21 new investigations. Clearly, the prospect of a fine from the regulator is not a sufficient deterrent in every instance.

From legislation to regulation

Congress writes the laws that create regulatory agencies and guide their actions, so that’s where any moves to regulate social media companies will start. Since these companies are controlled by some of the wealthiest people in the U.S., it’s likely that a law regulating social media would face legal challenges, potentially all the way to the Supreme Court. And the current Supreme Court has a strong pro-business record.

If a new law withstands legal challenges, a regulatory agency such as the Federal Communications Commission or the Federal Trade Commission, or perhaps a newly created agency, would have to write regulations establishing social media companies’ roles and responsibilities. In doing so, regulators would need to be mindful that changes in social preferences and tastes could render these roles moot.

Finally, the agency would have to create enforcement mechanisms, such as fines or other penalties. This would involve determining what kinds of actions are likely to deter social media companies from behaving in ways deemed harmful under the law.

In the time it would take to set up such a system, we can assume that social media companies would evolve quickly, so regulators would likely be assessing a moving target. As I see it, even if bipartisan support develops for regulating social media, it will be easier said than done.The Conversation

Theodore J. Kury, Director of Energy Studies, University of Florida

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Alecto, Megaera, and Tisiphone, Heather Cox Richardson closed her Letter for December 14 with this: “[I]n June, the Supreme Court handed down the sweeping New York State Rifle & Pistol Association, Inc. v. Bruen decision requiring those trying to place restrictions on gun ownership to prove similar restrictions were in place when the Framers wrote the Constitution. Already, a Texas judge has struck down a rule preventing domestic abusers from possessing firearms on the grounds that domestic violence was permissible in the 1700s.” (Emphasis mine)

Originalism. If it isn’t checked, it will kill us all. And the founders would absolutely not have wanted it. They were not idiots – they knew that circumstances would change, and that government of, by, and for the people would need to change with them. They said so – including in the Constitution itself – if not, why would they have included in it a provision for amending it?

I do have one thought regarding the setting of the amounts of fines for non-compliance. Setting dollar amounts clearly doesn’t work – values change and fines simply become an accepted “cost of doing business.” We need to start settimg fines not as “no more than X dollars” but instead as “not greater than Z percent of the defendant’s total net worth,” or some other indicator. “Y percent of the degendant’s gross annual profits in the most recent year” might work.

The Furies and I will be back.

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Dec 182022
 

Glenn Kirschner – Mark Meadows: NC voter fraud; contempt of Congress; treasonous text messages. Is he above the law?

Tim Ryan – Last Speech to Congress ( Steve Schmidt)

Ojeda Live – Marjorie Sinks to a NEW LOW (WRT the Fourteenth, Section 3 does not address how it is to be determined that someone has engaged in insurrection. At the time the amendment was ratified, it was obvious – it was participation in the Confederate Army. I do get it that Congress, and also Secretaries of State, to want something like a Court verdict before expelling anyone, or striking anyone off the ballot. I don’t like it, but I do get it.)

Liberal Redneck – On the Absence of Empathy

Couple Rescues Baby Sparrow And Turns Their Living Room Into A Habitat

Beau – Let’s talk about Trump, Whelan, and Bout….

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Dec 182022
 

Yesterday, the radio opera was “Rigoletto” by Verdi. It’s pretty well known, and I’ve written about it here before. Din I mention it’s based on a play by Victor Hugo? I know I’ve mentioned many operas are based on his works. (In the late 19th-early 20th century it was David Belasco. But Puccini, though he set a couple of Belasco’s, did’t so much look at the author – he’d go to see plays in languages he didn’t know, and if he could follow the plot anyway, he’d consider the property. That’s one reason why his operas were immediate classics – it was a very effective way to choose properties which had deep and broad appeal.) “Rigoletto” was the second operea of which I ever owned a complete recording, and yes, that was on vinyl, and yes, I still have it.I didn’t buy it – it was a parting gift from the enlisted Marines whose boss I was at my forst duty station, and I’ll never forget their kindness – particularly the kin=dness of the corporal who volunteered to find out what opera I wouls like without letting on that was why he wanted to know. He was just about the last person I would have suspected of that, and his patinence at my rambling – it must have been a real challenge for his wife, also a corporal in the office, not to break out in giggles. Today, I’ll be seeing Virgil. Of course I will pass on all greetings to him, and will post a comment here when I get back.

Cartoon

Short Takes –

Robert Reich – When will the GOP reach the anti-Trump tipping point?
Quote – When will the GOP finally reach its anti-Trump tipping point — when a majority of Republican lawmakers disavow him? Again and again, it looks like the tipping point is near but the GOP remains under Trump’s thumb…. [per Mitt Romney: “He’s got such a strong base of, I don’t know, 30% or 40 % of the Republican voters, or maybe more, it’s going to be hard to knock him off as our nominee.”
Click through for his thoughts – I’m pretty sure he (and therefore Mitt) are right. And that brain-dead base doesn’t care about anything that actually matters. This trading card fiasco may chip away at the base, but I’m not holding my breath for a major reversal.

Left Jabs – SCOTUS is Developing a Taste for Chaos
Quote – State-v.-state lawsuits are already starting to fly, and the legal positions are already being hardened. Interstate cooperation — a crucial component of daily life — is already fraught, and could at any time turn ugly. It’s almost as if chaos were the point. The six “conservative” justices — they’re conserving very little these days — are pushing everything in the direction of chaos. Whatever the democratic institution they’re invited to tear down, they seem willing to go there. Like they’re remaking the legal system in the image of Ginni Thomas.
Click through for full opinion. TomCat called the Court “SCROTUS” (R for Republican, and pun intended) since Roberts became Chirf Justice – And now it’s far beyond that. I’m not expecting the outcome of this particular case to be quite as bad as “Left Jabs” thinks, but I can’t think it will be good either.

Psyche – Heartbreak is more than a metaphor. Are you at risk?
Quote – But how much medical truth is there to ‘heartbreak’? This was a not a question that was taken particularly seriously – not until an unusual syndrome began appearing in Japanese hospitals in the 1990s. In X-rays, doctors saw the hearts of traumatised patients changing shape. They resembled takotsubo, the small clay pots used in Japan to catch octopus. The story of Takotsubo syndrome, and how it got its name, is the story of how heartbreak became more than a metaphor.
Click through for details. There is plenty of ancedotal evidence, through the centuries, for this. But the imaging results – showin two clearly different ways the hear can actually reshape itself under stress and/or grief – not to mention the preavalence of each differing by gender and age – that’s amazing.

Food For Thought

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Dec 172022
 

Political Voices Network – Joyce Vance: There’s Now a Serious Path for Jack Smith & DOJ to Make a Charge on Trump. Here’s How..

The Gateway Pundit – If you haven’t already seen or read about tis, you are going to have difficulty believing your eyes.

Parody Project – Prison Cells

Picky Kitten Refuses To Give Up His Bottle

Beau – Let’s talk about Libya, the US, and Pan Am….

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Dec 172022
 

There is no doubt that the FIFA World Cup fever engulfs its fans and inspires them to dress up in support of their nation’s team.  The efforts they put in to making their costumes to support their countries at football’s biggest carnival is simply amazing!

But my gob was smacked when I was treated to this outfit:

When I first saw this, I thought it was fake – some CGI (Computer-Generated Image) or VFX (Visual Effects) character with augmented reality that was promoting the World Cup by honoring Brazil’s incomparable Pelé (who is widely regarded as the greatest player of all time having led team Brazil to World Cup Championships in 1958, 1962 and 1970).

I had the definite impression that I wasn’t really seeing an actual human being, but rather an animation enhanced by special effects.  It truly seemed more like a digital rendition of a football player – like someone had just walked out of a video game.

But it’s a real person in the most imaginative costume I’ve ever seen!

 

@maskbusters

#qatar2022 #fifa #fifaworldcup #qatarliving #thisisqatar #football #soccer #pele #worldcup #fortnite #trophy #ball #eventideas #evententertainment #specialevents #eventperformer #corporateentertainment #eventpros #eventservices #corporateevents #eventshow #liveentertainment #luxuryevents #show #eventplanner #mirror #costume #mascot #brazil #brasil

♬ original sound – MaskBusters

In fact there are three people decked out in these fabulous, mirrored costumes that have virally taken the World Cup fans – and Netizens of the world – by storm.  Beside Pelé there’s one sporting a red jersey that portrays Cristiano Ronaldo, star of the Portugal national team.  And finally, a third character all decked out in the quirky mirror outfit of a referee.

@onefootball

Replying to @Luis Aguilar 👽 They are 🤩 @maskbusters #worldcup

♬ All I Want Is You – Disco Lines

 

@espnfc

This #Brazil fan came ready at the #WorldCup 🇧🇷👏 #qatar #soccer #neymar (via cahemota/Twitter)

♬ sonido original – Minuto 90

Turns out that these costumes were not crafted by a Brazilian or Portuguese fan – but are the creations of a company called MaskBusters.  It’s located in Slovakia, and like you, I had lots of questions about their creations.

Sadly, I couldn’t find out as much as I wanted about the costumes or MaskBusters itself – but here’s what I did learn.  They’re made of triangular pieces of colored reflective material forming a mosaic-like geometric outfit in a broken-glass pattern that’s sewn onto a layer of fabric.  (You can make out the zipper on the back in a few of the frames.)  The consensus of Netizens’ comments is that it’s most likely a thin plastic or possibly mylar – so it’s probably fairly lightweight.

I was unable to find out how hot they are, but probably not as hot as a lot of college and professional team mascot costumes are.

You can hire MaskBusters to design a costume for your event, but they don’t sell them.  Apparently they have a crew of models who perform while using the mirroring costumes the client requested.  I have no idea what the cost might be – either with a Google search or at the MaskBusters website.

Here’s a sampling from their portfolio of what they’ve created in the past:

Finally, sadly for the man dressed as Pelé, after reflecting on his team’s loss I’m sure he was “shattered” into a Brazilian pieces.

(I forgot – how many zeroes are there in a Brazilian?)

 

 

 

 

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Dec 172022
 

Yesterday was Beethoven’s birthday – although, in Eurpoe in his day, no one kept a record of birthdays. Most records were not kept by the state but by the church, and those recorded baptisms, not birthdays (if you are into genealogy you probably knew that.) We assume his birthday was the 16th because he was baptized on the 17th, and it was normal to baptize babies as soon as possible, usually on the day after the birth. Of course we could be wrong. But it’s such a long-established tradition now it would be a shame to have to change it. He would be 252, in case anyone cares. And there was no snow Thursday night (not that I expected any.) Tomorrow, I’ll be going to see Virgil, and yes, I will pass on all the greetings, and thank you very much for them. Last week I mentioned how tickled he was to get a card from my “frosted sister” and I should follow up by sharing that, when I sent her a note of thanks, she reaponded, “I couldn’t forget my brother-in-law at Christmas.”

Cartoon

Short Takes –

The 19th – The hate hasn’t stopped, Club Q shooting survivors tell House lawmakers
Colorado Public Radio – Club Q co-owner and shooting survivors testified at Congress about the tragedy and rising anti-LGBTQ hate
Quote 1 – Matthew Haynes, founding co-owner of Club Q in Colorado Springs, says he’s witnessed several kinds of anti-LGBTQ+ hate in the wake of the mass shooting there last month that left five people dead. There’s visceral hate, which he says the club, a longtime queer community space, has received through hundreds of vitriol-filled emails and letters since the shooting took place. Then there’s the “subtle hate” — which he identifies as legislation and leaders not respecting LGBTQ+ people or families, and in Republicans who did not vote for the just-signed Respect for Marriage Act.
Quote 2 – “To the politicians and activists who accuse LGBTQ people of grooming children and being abusers: Shame on you,” [Michael Anderson] said…. His testimony was part of a hearing on the rise of anti-LGBTQ violence convened by Rep. Carolyn Maloney of New York, who chairs the committee. She said the Club Q attack is part of a broader trend of violence and intimidation across the country that includes the rise in anti-LGBTQ laws in state houses and in Congress.
Click through to one or both for more imformation.Once again I am combining two stories because they are the same, but for different audences. The first was written for a target audience of women and minorities, including LGBTQIA+, and the second for Colorado residents regardless of identity. Both can be painful to read … but I’m grateful for the Oversight Committee under Carolyn Maloney for holding the hearings, despite pushback from the GOP.

The Daily Beast – Discipline Crackdown Freaks Out Parents in Florida Schools
Quote – Two weeks ago, Brevard County, Florida, Sheriff Wayne Ivey stood at a podium set in front of the local jail and its barbed-wire fences and suggested that children were not sufficiently terrified of getting in trouble at school. “They know they’re not going to be given after-school detention, they’re not going to be suspended,” Ivey, whose school-based officers carry long guns, declared. “They’re not going to be expelled or, like in the old days, they’re not gonna have the cheeks of their ass torn off for not doing right in class.” The statement—made alongside newly installed far-right school board chair Matt Susin—ushered into public view a simmering conflict over safety and student discipline at one of the larger districts in the country.
Click through for details. I’d freakout too – even just as a citizen, not a parent. Actually, no matter where you live in the US, there is potential for adults who were damaged by this distrct as kids to move into your neighborhood. (I have no idea whether this sheriff is any relation to the Governor of Alabama.)

Food For Thought

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