humidcityloki ([info]humidcityloki) wrote in [info]neworleans,
@ 2007-01-17 17:24:00
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Do People Read Your Blog? You Could Go To Jail
If, like myself, you blog about politics and have an audience even as small as 500 people this affects you

Since the dramatic demonstration of Federal incompetence that drowned my city I have been quick t lambast the powers that be whenever the opportunity arises. As my readership is well aware, that happens several times a day on average. I have also joked repeatedly, and with a tinge of admitted worry, that one of these days I (and most of my fellow journalists and bloggers) would get a knock on the door signalling the end of freedom for having the temerity to point out the clothes-less emperor and his bumbling lackeys. Now, according to grassrootsfreedom.com, that day is arriving. Here are the pertinent sentences of his press release about S. 1, the Legislative Transparency and Accountability Act of 2007, read 'em and weep.



Congress to Send Critics to Jail, Says Richard Viguerie


"In what sounds like a comedy sketch from Jon Stewart's Daily Show, but

isn't, the U. S. Senate would impose criminal penalties, even jail time, on

grassroots causes and citizens who criticize Congress.

"Section 220 of S. 1, the lobbying reform bill currently before the

Senate, would require grassroots causes, even bloggers, who communicate to 500 or more members of the public on policy matters, to register and report quarterly to Congress the same as the big K Street lobbyists. Section 220 would amend existing lobbying reporting law by creating the most expansive intrusion on First Amendment rights ever. For the first time in history, critics of Congress will need to register and report with Congress itself.

"The bill would require reporting of 'paid efforts to stimulate

grassroots lobbying,' but defines 'paid' merely as communications to 500 or more members of the public, with no other qualifiers.


"On January 9, the Senate passed Amendment 7 to S. 1, to create

criminal penalties, including up to one year in jail, if someone 'knowingly

and willingly fails to file or report.'

"That amendment was introduced by Senator David Vitter (R-LA). SenatorVitter, however, is now a co-sponsor of Amendment 20 by Senator RobertBennett (R-UT) to remove Section 220 from the bill. Unless Amendment 20 succeeds, the Senate will have criminalized the exercise of First Amendment rights. We'd be living under totalitarianism, not democracy.



(All emphasis mine) Now both I and the vast majority of the NOLABloggers listed in my sidebar communicate with far more than a mere 500 people each. We are also understandingly critical of a congress and government which seems it disregard its responsibilities to the citizens of the Gulf Coast. Civil liberties violations have been a hallmark of the current administration, and do not even surprise the average reader anymore, but this is chilling.


Without dissent this is not America. The First Amendment is one of the single most important underpinnings of our nation, without that we are nothing. The thought that I might be jailed for speaking my mind and for sharing information (usually from public documents) that are critical of our leaders is anathema. Like Voltaire I may disagree wholeheartedly with what you have to say, but I will defend to the death your right to say it!


Now I am not a constitutional scholar, nor am I a lawyer or legislator, so I am not completely certain of the legalese involved here. With that in mind I would like to invite those who are more well versed in these areas to study the text of this action online at the Library of Congress site here and share their opinions. I invite discussion in the comments section of this column's main feed located at http://humidcity.com/2007/01/18/jail-the-bloggers/




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[info]sonofabish
2007-01-17 11:37 pm UTC (link)
Well, I guess by posting this you just violated the law. The irony is killing me here...

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[info]humidcityloki
2007-01-17 11:39 pm UTC (link)
Hope it doesn't kill me... Or send me to jail.

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[info]sonofabish
2007-01-17 11:58 pm UTC (link)
I understand Gitmo is very lovely this time of year...

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[info]humidcityloki
2007-01-18 12:18 am UTC (link)
I'll remember to bring my cameraphone

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[info]humidcityloki
2007-01-18 02:38 am UTC (link)
That is why I do so dearly love he internet!

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[info]nolalives
2007-01-18 02:14 am UTC (link)
This is strange. I first saw this part of the bill mentioned on some right-winger site, and they were going on and on about how Pelosi was actually the one doing this them! So I am relieved to see it was the (R)'s instead, But now I am confused as to why they were telling the drones this crap.

There playing some kind of Judo game with this crap, What is with them throwing all this extra and sometimes duplistic crap in the same bill?

I think I might see the need for a watchdog group called duplisticbills.org so that Americans can see the horse trading games that our tax dollars pay for.



I Here is why they they HATE bloggers from BLUEMASSGROUP and several other sources:



Here's a feel-good story, from the NY Times:


A San Francisco talk radio station pre-empted three hours of programming on Friday in response to a campaign by bloggers who have recorded extreme comments by several hosts and passed on digital copies to advertisers.  The lead blogger, who uses the name Spocko, said that he and other bloggers had contacted more than 30 advertisers on KSFO-AM to inform them of comments made on the air and to ask them to pull their ads.


The funniest part of this story is the ham-handed approach of ABC, which owns the radio station.  These guys really, really don't get the internet.


The comments were also posted on Spocko's Web site, spockosbrain.com. In response, ABC Radio Networks, which owns KSFO and which in turn is owned by the Walt Disney Company, sent letters to the site's service provider, demanding the clips be taken down from its servers. The provider complied, raising the issue of what constitutes fair use of copyrighted material by a critic.... Spocko's campaign became more widely followed when his blog was taken down by his Internet service provider, 1&1 Internet, of Chesterbrook, Pa., after ABC lawyers sent the company a cease and desist letter on Dec. 22.



And guess what happened then?


the material "is being distributed all over the Internet."


And now the story has gone national, first to national blogs, then to Media Matters, and today to the New York Times.  Congrats to the legal eagles at ABC, who have created a national embarrassment for their client out of a little story that never should have left San Francisco.



Hilarious.

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[info]nawlins_penguin
2007-01-17 11:43 pm UTC (link)
I could slightly understand the gist if they were talking about viral blogging efforts, but this is clearly a gross violation of the First Amendment.

I wonder if that includes blogs like the PTC uses to complain about "Fuck da Eagles" t-shirts...

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[info]nearnorth
2007-01-18 12:31 am UTC (link)
I am not a law scholar by any means, and when I first read your post I too was outraged and immediately went to all the links to see what I could do to prevent damage to our first amendment rights, but I am reading through the text of part 220 as thoroughly as I can and I see absolutely nothing that is nearly as outrageous as it was stated in the article you quoted.

A. The bill doesn't say anything about prosecuting all bloggers whose blog reaches over 500 people (most of us could have no idea how many people read our blog at any given time so even if it was the case, that would be impossible to enforce), what it DOES say is that any blog reaching less that 500 is automatically discluded from prosecution.

In addition this entire bill, of which this amendment is a part, is directed at breaking the secretive ties between our representatives and lobbyists, which this specific portion (I'm quoting directly from the bill below) is supposed to prevent:

-"Lobbying activities that include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying"

-"any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action."

In addition, the prosecutable party must:

-receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period.'


Any quarterly period = $100,00 a year minimum, and how many of us home bloggers, no matter what number of readers we have, get such a sum from a single entity in order to blog for our causes?

So this is referring only to a lobbyist for a corporation/science/government entity who is getting paid a significant amount of money to create a "grassroots" front for a cause. And it specifically discludes the grassroots movement itself ( "..but do not include grassroots lobbying")


And what is the prosecution? :

"FILING BY GRASSROOTS LOBBYING FIRMS- Not later than 45 days after a grassroots lobbying firm first is retained by a client to engage in paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall register with the Secretary of the Senate and the Clerk of the House of Representatives.'."

Call me insane, but I find this perfectly reasonable.

With this I am thinking of, for example, the Oil Company lobbyists who paid the CEI company to put out pro-global-warming propaghanda commercials to be played on certain tv stations, and the 8 million dollars Exxon mobil has paid to people then went out and masqueraded as scientists to convince people there was doubt about the effects of too much carbon in the atmosphere. This could now be prosecutable if the origins of the attempt are not disclosed.


In fact, I suspect myself that the grassrootsfreedom.com website, could have been just such a set up. Lobbyists created that website as a front to misrepresent this bill and get people angry and signing petitions to take it out. They are the ones who stand to lose the most from such an amendment.

Doesn't that scare you that no matter how good your intentions, you could be duped so easily, if that were the case?

As far as I can tell, this bill just requires the people who are the fakers and the ones being paid by someone else to do what they do, to disclose that fact.

Therefore, I am very much for this bill.

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[info]nearnorth
2007-01-18 02:59 am UTC (link)
As a side note, just such a company that this bill would fight, would be the Consumers for Cable Choice who pretends to be a grassroots network lobbying Congress and the FCC for more competition in the cable industry. They lured me in with their calls for a la carte cable (subscribing to only the channels you want instead of having to get whole packages), and I signed a couple of their petitions calling for this before I really started looking at who they were. They have been recently outed as a couple of cable companies (Verizon & AT&T) misrepresenting themselves as a way to get around having to negotiate franchising agreements whenever they enter new cities to provide service. God knows what those petitions I signed were actually for.

Also, the people responsible for creating this false front are ones that have a long history doing the same thing for many other companies.

And this bill isn't even banning the practice outright, but it's making those who are commissioned to do such a thing (and anyone who knows about someone else doing such a thing) accountable as well as giving us a tool to decipher who is and who isn't a legitimate source of information.

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[info]humidcityloki
2007-01-18 03:17 am UTC (link)
This is exactly the sort of dialogue I was hoping for! As I stated, I am too ignorant of the ins and outs of constitutional law to offer a truly informed opinion on the legalities involved. Input from all sides of the issue is the only way to make and informed decision.

I will continue to reserve judgement until I have reasearched more and heard more perspectives. If you have anything else to add please chime in.

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[info]nolalives
2007-01-18 03:53 am UTC (link)
check it out here

The right through that cog in and was spinning it..... I have to admit, I am afraid of the right. I ran into some wingnut on lurks in a blog in on local newspaper not to far from here and he is a zombie. They have a zombie army put there.

On the other thing, Yes that is big time Astroturf, You can do pretty decent jobs of finding Astroturf at this site: http://www.sourcewatch.org/index.php?title=Astroturf

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[info]nolalives
2007-01-18 04:07 am UTC (link)
So that is the Huge Story! Because that site there, it is not the site I was talking about earlier. I just googled real quick and then clicked the first link. I bet it is everywhere out there like that! This fits their Modus Operondi perfectly too.

The right inserts that weird piece into the Bill, Lets the Dems propose the Bill, while behind the scenes using the crap they inserted to scare everybody.

It is the same weird crap they did with the Global Warming Debate, check this out: Bashing Dirty Hippies and Getting Played: A Case Study in Six Chapters

The other reason that I am scared of them is what I saw in the movie "Jesus Camp" and the in the documentary by Richard Hawkins, I think his name is, the Root of all Evil... Just search for those on Youtube to see what I am talking about.

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[info]chickenfried_jo
2007-01-18 03:08 pm UTC (link)
I think you might mean Richard Dawkins. He is fab but I don't exactly see the connection. How is this related to the blogging ammendment?
Just curious.

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[info]nolalives
2007-01-19 12:02 am UTC (link)

The amendment is about 'paid grassroots', which really is not grassroots. It is grassroots in disguise or astroturf. Most of the crap that Astoturf pushes like the anti global warming "courtroom science" and Bush is also be heavily pushed in those Video's It is just scarry!

Check these out you can see kids being taught all this same stuff:

http://en.wikipedia.org/wiki/Richard_Viguerie
Here is what it says about the guy: "In 1977 he worked on a project to raise money for Sun Myung Moon's Children's Relief Fund, which reportedly only received 6.3% of the $1,508,256 raised. $920,000 went to Viguerie according to New York State charity auditors.[2][3]




If you look at the videos here you can see the young kids are being taught the same stuff that this all this astroTUrf stuff puts out:
Here is the trailer with a commentary in the background towards the end mentioning how many people are actualy involved in this movement: http://www.youtube.com/watch?v=y_EKHK1C2IE


This one about Ted Haggard is the most Interesting, it from another documentary film by Richard Dawkins. Her is the Root of All Evil extract: http://video.google.com/videoplay?docid=-56596910152590...&q=ted+haggard&hl=en

This clip pretty scarry. It is called Jesus Camp Bush worship http://video.google.com/videoplay?docid=-52200051613157...4&q=jesus+camp&hl=en



Here are some scenes with somebody's commentary inserted. The commentary may be as far fetched as what we are seeing
http://video.google.com/videoplay?docid=-80535166420105...7&q=jesus+camp&hl=en

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[info]chickenfried_jo
2007-01-19 01:35 am UTC (link)
No, I get that part. What I don't get is the relationship between the astroturf and Richard Dawkins 'Root of All Evil' series. One is lobbying and one is about religion/atheism.
Just looking to understand your connection.

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[info]humidcityloki
2007-01-19 01:41 am UTC (link)
I'm a bit fuddled by that one myself

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[info]nolalives
2007-01-19 04:23 am UTC (link)
Or this one from the NY Times:
http://movies2.nytimes.com/gst/movies/movie.html?v_id=342517

quote:
Ms. Fischer makes no bones about her expectation that the growing evangelical movement in the United States will one day end the constitutional ban separating church and state. And as the movie explores her highly effective methods of mobilizing God’s army, that expectation seems reasonable. —

The freedom of religion and speech are both part of the first admendment.

The seperation of church from state is necessary to allow all religions to have a place in a democracy. No religion should be favored over any other. To me Democracy is about diversity. Speech and Religion go hand in hand in that way.

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[info]nolalives
2007-01-19 04:29 am UTC (link)
from above: "Unless Amendment 20 succeeds, the Senate will have criminalized the exercise of First Amendment rights. We'd be living under totalitarianism, not democracy."

"We'd be living under totalitarianism, not democracy."

That is a scarry concept right?

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[info]humidcityloki
2007-01-18 04:13 am UTC (link)
Hey thanks a LOT for that astroturf lnk!

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[info]captainshen
2007-01-18 03:56 am UTC (link)
I hope nothing stops you from blogging.... :)

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[info]humidcityloki
2007-01-18 04:14 am UTC (link)
They will have to pry my laptop from my cold, dead hands

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[info]fofalex
2007-01-18 09:23 am UTC (link)
It's an end run around freedom of the press. They're essentially saying, you can write what you want, as long as you jump through these hoops first.

Sounds like someone (namely, Sen. Vittu) hates bloggers and wants to kill the lobbyist reform bill, all at once.

I guess I had better say this now while I still can:

Sen. David Vitter is a fucktard and I hope he chokes on a donkey dick.

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[info]sloppypoppy
2007-01-18 11:35 am UTC (link)
Surely nothing of the sort will happen now that the Democrats are in power again!

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[info]humidcityloki
2007-01-18 01:56 pm UTC (link)
Sorry I do not trust them either. It is not that power corrupts and absolute power corrupts absolutely, butrather that power attracts the corruptible.

And yes, I head the sarcasm...

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[info]sloppypoppy
2007-01-18 03:11 pm UTC (link)
You darn tootin'.

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