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Grex > Coop11 > #98: Possible Michigan internet censorship law/challenge | |
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| Author |
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| 25 new of 111 responses total. |
janc
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response 28 of 111:
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May 27 22:09 UTC 1999 |
I'm a board member, staff member, current secretary, former president.
I'm reasonably good at composing answers to questions from the
government (I did Grex's 501(c)3 paperwork). I'm willing to commit a
significant amount of time to this process.
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remmers
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response 29 of 111:
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May 27 22:29 UTC 1999 |
I'd like to thank jcs and mikes for logging in here and responding so
promptly and fully to the issues that have been raised. A question for
them: What is your time frame? By when would you need a definite
commitment from Grex?
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steve
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response 30 of 111:
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May 27 22:35 UTC 1999 |
Speaking as a founder of Grex, staff and board person, I think Grex
should join in on this.
In most circumstanes I would agree with jep that Grex should stay
out of political things, but this inane law directly challanges the
existence of Grex as it has always been.
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janc
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response 31 of 111:
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May 27 22:37 UTC 1999 |
I'm with STeve on this.
One small warning for jcs and mikes:
Cyberspace Communications isn't an organization that is very easily
mobilized for war. We have a weak board with a tradition of consensual
decision making. We also tend to want to discuss everything in public.
I don't think our board has *ever* met in a closed session. The staff
manages to keep a few secrets (like the adminstrative passwords for the
system), but even they publish detailed descriptions of most of our
security systems. What can I say; we're *about* speech.
I don't think this is a real problem, but it could try the patience of
people used to dealing with more streamlined organizations.
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scg
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response 32 of 111:
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May 27 22:49 UTC 1999 |
The board met in closed session once when I was on the board, to discuss a
dispute with our landlord. I believe there may have been one earlier closed
session, but it certainly isn't routine.
I think I'm in support of this, as long as the risks to us aren't too great.
Do Larry, or any of the other lawyers here, have any reasons we should not
be a part of this?
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chandler
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response 33 of 111:
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May 27 23:38 UTC 1999 |
As a michigan native, I say go for it. Any minor can get pornographic
material if he tries hard enough, and sites like grex shouldn't be held
liable.
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mdw
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response 34 of 111:
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May 28 00:40 UTC 1999 |
So far as the "pornography causes crime" thing goes, I think that's more
than a bit misleading. The first thing is certainly obvious; showing a
connection is not the same as showing a cause and effect relationship.
It may be that people who happen to be violent are also fond of
pornography, and it may be that they happen to move out of communities
that place restrictions on pornography - but of course, if everyone
restricts pornography, these people aren't just going to vanish because
they have no place to go. Of course, this may also not be the case; the
above data just isn't enough to draw any broad conclusions about any
causal relationships that may exist. A more serious problem with this
whole cause-and-effect problem is simply in defining what pornography
is. There are actually many different types of pornography, and they
have different effects on people. I read of one study in which the
researchers went through and classified and separated a bunch of
pornographic movies according to type. One type was basically the sort
that showed people in various sorts of not necessarily standard, but
still very loving situations, in very graphic detail. The second type
basically portrayed various sorts of acts of violence and non-consensual
relationships, again in graphic detail. The two forms of pornography
had opposite effects on the subjects; the former tended to inspire the
subjects to feel closer and move loving, the latter made subjects feel
more paranoid and separated from humanity, and less loving. There are,
of course, also many media subjects which we don't currently restrict,
and which do have a measurable negative impact on their viewers. TV is
the most obvious example: there are plenty of studies that show that
exposure to all of the various forms of violence and
people-not-being-nice-to-each-other that commonly exist on commercial TV
results in people feeling generally more isolated and paranoid. I don't
think these people who are interested in eliminating pornography
actually have any interest in making society a better place to live. If
they were, these people should have been interested in drawing a
distinction between different forms of pornography, and should have been
interested in other expressions of unfair aggression in society, not
just those that appear to be sexual in nature. I think these people who
are interested in eliminating pornography are really just interested in
imposing their religions and cultural views on everyone else -- and are
really just cosmetically updated puritans.
It is certainly the case that this directly effects grex. This law, and
the open newuser that is one of the fundemental parts of grex, are
pretty much in direct conflict; I don't see how we can continue to
operate anywhere near the way we do now, if this law were upheld. In
this respect, grex is somewhat unique, there are very few places on the
internet that give people anywhere as much access with as little
validation. Given how fundemental this is, I don't see how grex really
has any choice but to fight this law. --If we were to agree this law
has any validity, then we might as well shut grex down now. For those
who might still think otherwise, I should say that not only do we have
conferences such as "singles" (with "questionable" material), but we
also have at least one long-time user who has a substantial number of
sexually explicit stories on grex. These we allow, but we don't allow
images, of any sort, or eggdrop & their ilk, but we still have at any
one time a substantial transient population of both of these. If grex
staff & board were to be held liable for the behavior of these people,
there's just no way grex could continue to operate as it has, and I
don't see how grex would actually make sense in any meaningful form.
I also happen to think this effects a lot more than just grex, or, for
that matter, pornography & crime. If a law, such as the above, were to
be held valid, I think this would have very negative consequences for
the US in the long run. The US didn't just spring out of the ideals of
a bunch of perfect christians after kicking the evil British out. In
fact, a lot of the founding fathers were, well, "pretty earthy", with
many of the usual sins. And, the evils they were confronting were not
just those of the british, but were alive and well here in the colonies
as well, and in most cases, were merely the natural results of human
nature.
One of the most important factors leading up to revolutionary war and
constitution, was in fact a very lively discussion of what was proper
and just that was taking place in the coffee houses and newsletters of
colonial america. I think it is fair to say that the founding fathers
believed these sorts of discussions to be essential to a free and open
society, and that that is why they explicitly put a guarantee of free
speach (and by extension, freedom of the press) in the constitution.
Something to keep in mind is that newspapers of the 1790's were not much
like today's monolithic mass media. Newspapers of the 1790's were much
smaller affairs, with editors who generally felt far more free to
express even very radical opinions. The sorts of public forums that can
be found on grex (and elsewhere on the internet) today are actually much
closer to the public coffee rooms and newspapers of 1790s, than to a
modern newspaper or TV network.
The above law introduces a new and very chilling idea into the legal
system, that some ideas are "dangerous", and may therefore be regulated
and controlled. It is not much of a stretch to go from the idea that
pornography is bad, to the idea that drugs are bad, or that communism is
bad, and that public discussion of these dangerous ideas should also be
regulated. After that, well, if we're willing to regulate these ideas,
why not regulate ideas such as the KKK, ecology, liberalism, feminism,
and, while we're about it, why not regulate all public speech, just in
case?
I don't think the founding fathers would necessarily be susprised to see
laws like the above passed -- I think most of the founding fathers came
to realize that freedom and liberty was not something that had to be
fought for once and that would then survive on its own, but that instead
it would be a constant battle, something that would have to be fought
for anew, each generation. We have every right to be disappointed in
our state government for passing such an ill-conceived piece of
legislation, but I guess we should feel proud for having this
interesting opportunity to defend the principles of this country, in
seeking to secure the continuation of what is, after all, a pretty nifty
corner of the internet.
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swa
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response 35 of 111:
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May 28 01:24 UTC 1999 |
I think Grex should join in the suit, on pretty much the same grounds Marcus
(I think it was Marcus) stated above. If we are not part of the solution,
we are part of the problem.
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aruba
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response 36 of 111:
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May 28 02:30 UTC 1999 |
Re #26: Thank you, jcs, for that long response. It contained a thorough
answer to my question of what Grex's responsibilities are.
Based on what I've seen, I think Grex should join the suit. I'm Grex's
treasurer, and have been for the last 3.5 years, and like Jan I'm willing
to devote some time to working on the case.
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rcurl
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response 37 of 111:
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May 28 05:21 UTC 1999 |
I am also in favor of Grex joining the suit.
I would like to ask about the statement in Mr. Salyer's exposition, that
"Thus, a plaintiff must provide a few specific examples of content that
she communicates online (or that her organization or customers communicate
online) that could be deemed "sexually explicit." Grex does not monitor
conferences To obtain "specific examples" would require such monitoring,
which would go against Grex's principles. However it would be possible to
identify some conferences which are devoted to more personal topics, in
which the probability of "sexually explicit" content might be higher than
in other conferences. However even that might go against principles of
free speech, as NO conference is devoted eexclusively to "sexually
explicit descriptions, while such content could occur in any conference.
Thus, our "pointing fingers" at particular conferences is also very
distasteful to me.
In view of these considerations, how can "specific examples" be identified?
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albaugh
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response 38 of 111:
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May 28 05:57 UTC 1999 |
Oh come on, just do extracts of any number of items in the sexuality
conference, and you'd have a sampling. The larger point about grex is
that even if the sexuality conference were closed down, there is
nothing to stop any user from creating any item in any conference that
would be subject to the same censorship.
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dang
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response 39 of 111:
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May 28 06:02 UTC 1999 |
Enter an item, soliciting specific examples that we can then pass on to
the ACLU. :)
I am, for 3.5 years now, a board member and a staff member. I, too, feel
that this is something that Grex should fight. I was a member of Grex
before I turned 18, and I valued, and still value, the freedom of speech
and thought here. I'm willing to devote time to this case.
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dang
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response 40 of 111:
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May 28 06:02 UTC 1999 |
Kevin slipped in.
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remmers
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response 41 of 111:
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May 28 11:25 UTC 1999 |
I also support Grex's involvement and am willing to devote significant
time to this case.
That's subject to the caveat that my availability is limited this spring
and summer. I will be out of town for substantial periods of time in
June, July, and August. It's my understanding that much of the crucial
activity on this case will be taking place during that time period. In
resp:26 J.C. Salyer indicated the desirability of designating a couple
of Grex members as contact people. Because of my limited availability, I
suspect I shouldn't be one of them. The board will need to designate
appropriate contact people.
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remmers
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response 42 of 111:
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May 28 11:28 UTC 1999 |
(Hopefully Mr Steinberg and Mr Salyer will be checking back on this
discussion item. In case they aren't scanning the whole conference, I'll
note that Jan Wolter has posted a call for a member vote in support of
Grex becoming a plaintiff. The vote item is #100. From the web, click on
this link - item:100 - to reach it.)
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rickyb
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response 43 of 111:
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May 28 14:08 UTC 1999 |
I've been away from CoOp.cf for a long time...just too time consuming, I
guess :(
Without advocating Grex either becoming a party to this suit or abstaining,
I have some experience with a state association which was involved inan >10
year class action lawsuit involving insurance companies, the State insurance
commissioner and became extended to federal anti-trust issues. So, I'd like
to raise some points (some of which have already been discussed up there) for
"grex" to consider.
first and foremost, you must weigh the risks against the benifits. As has
been said it seems the risks are few and the benifits (to the 'cyber-society'
and to grex) may be many. Financially, the costs seem minimal or
non-existent, but I've seen such estimates escalate by 100's of percentages
as this kind of process goes on. Be prepared to develope some sort of fund
raising for unexpected contingencies.
On the management side, I might suggest a "legal liaison committee" of the
board (BOD) and/or members. There _will_ be times when specifics of
discussions must remain secure (for legal/political reasons) but a committee
of trusted persons should be able to inform the BOD and membership to the
greatest degree of specificity permitted to keep all involved and remain as
true as possible to the tradition of consensus in management which has brought
Grex to this point in its existence.
Besides such a committee, public relations will become essential. As
mentioned, Grex will get called upon by reported of all sorts of media, and
some may be "agents" of the opposing side of the issue as well. Whether or
not a legal liasion committee would (or should) also double as a public
relations committee (IMHO it should _not_), a single individual must be
designated as the contact person. The "voice of Grex", so to speak. Not
unlike a presidents press secretary or Jamie (what's-his-name) the NATO
spokesman. You'll note that even though several military persons have
addressed the NATO actions over the past, "Jamie" was _always_ right there
with the meanings, motovations, objectives, reiterations of conditions, etc.
Such an individual (even as the voice of a larger committee) can divert a
public relations disaster for Grex into a public relations coup! Aside from
the basic issue of freedom from censorship, this could be the greatest benifit
for Grex out of such participation. The appearance (at least) of an educated,
organized, societally-conscious, deliberate organization which offers great
assets to its community and takes whatever time is needed to fully think
through its position(s) and actions for the good of the community rather than
"knee-jerking" reactions is one which can help assure Grexs' position in
"cyberspace" as an honorable role-model for those who will come later.
all that being said, and understanding that my wife and I have recently
dis-engaged ourselves from most of our volunteer/organizational activities
to focus on our family for awhile, I would be glad to meet with Grexs' powers
that be, to offer some more detail of my considerable experience in such
matters (for 9 of the >10 years of the legal suits i mentioned above I held
elected office on our BOD, was member of the legal liasion committee, helped
secure a public relations firm to plan out some of what I've just described,
and did quite a bit of legal research to turn over stones our 'million dollar
lawyers' couldn't even see, let alone stumble over. In some cases they were
astonished at what I could present them "...I've heard about this but we
haven't been able to get our hands on any citation!...", etc).
My personal point-of-view: I'm against censorship, and I have a young child
whom I wish to 'protect' from violent or pornographic material. but these
things are out there in the world anyway. I think the best way for me, as
a parent, to protect my kid is to educate him on what these "evils" are,
instill honorable and sensible values in him and empower him to make his own
choices and follow his own path to the best future he can make for himself.
This is not a venue for government to step in and muck up the works.
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rcurl
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response 44 of 111:
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May 28 14:54 UTC 1999 |
Re #38: Grex has no basis or right to "just do extracts of any number of
items in the sexuality conference". For one thing, there is no definition
of "sexually explicit content" in law. Someone would have to apply their
own, personal, standards in order to select such material. Secondly, this
is an infringement upon the persons that posted material that someone else
might consider "sexually explicit content": it may be that they themselves
would not characterize it as such, and anyone else doing so is arbitrary
and capricious.
My suggestion is to simply state that what some persons might consider as
"sexually explicit content" might appear anywhere in any of the
hundred-plus conferences on Grex, and anyone is welcome to explore Grex to
identify for themselves material that they would consider as sexually
explicit.
If we believe in free speech, what right do we have to put someone else's
labels on types of speech conducted here?
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rcurl
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response 45 of 111:
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May 28 14:59 UTC 1999 |
In #44, I should have in all instances written "sexually explicit content
harmful to children". I do recognize that if I write "penis", I have
written a sexually explicit word, although I am not sure about "crotch".
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jep
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response 46 of 111:
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May 28 15:38 UTC 1999 |
I'm by no means in favor of the new law, from what I've seen of it. I
hope groups which are involved in politics, such as the ACLU, manage to
do it in. But Grex is not such a group. Those who want to oppose this
law should join other groups that do such things.
When we discussed the Blue Ribbon campaign, in response to CDA II, some
said it would not be the opening of a floodgate of political advocacy
using Grex. I disagreed with them. Now there's this law, not a very
long time later, and the ACLU wants to use Grex to endorse and promote
it's political agenda. And Grex is going to go along with it (or so it
appears to me). I was right during the previous debate. Once again, I
urge everyone to consider whether this is really what we want Grex to
become. I hope enough people will say "no" to turn Grex back into being
a user community open to everyone, including those who may not support
this particular agenda.
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aaron
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response 47 of 111:
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May 28 16:03 UTC 1999 |
I don't think the proponents of that bill would feel very welcome here,
even if Grex does not join as a plaintiff. I don't think Grex would
enjoy trying to function under the restrictions imposed by that bill --
and may, in fact, find it impossible to comply.
I realize, John, that you oppose the ACLU on general principle, but the
ACLU can't bring this suit in its own name. It requires the participation
of organizations which will actually be affected by the legislation.
My concern, if I were a board member, would be more along the lines of
responding to the discovery and depositions -- who will sign on the dotted
line, and who will be deposed? If you are a board member, consider that it
may be you who ends up spending a day or two in depositions.
I am still at something of a loss to understand John's concern that Grex
might step on users' toes by opposing this law. Grex would change a lot
if this law were fully enforced against it -- presumably, even pro-
censorship users see something they like about Grex, or they wouldn't be
here.
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dang
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response 48 of 111:
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May 28 16:49 UTC 1999 |
John: We need to fight this law to keep Grex "a user community open to
everyone, including those who may not support this particulary agenda."
If this law passes, Grex will no longer be able to be open to
everyone. We will have to restrict access based on age, or else
police and censor the conferences. This law, if upheld, will be
the death of Grex. I certainly wouldn't want to be around a
system that lived under the restrictions emposed by this law. It is in
Grex's vital interest to fight this law in any way it can. It has
nothing to do with political agendas, it has to do with the very
survival of Grex. If we don't fight, we lose Grex.
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mwg
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response 49 of 111:
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May 28 17:04 UTC 1999 |
I think that this has to be addressed. If this law actually takes effect
unchallenged, Grex could not continue to function in any worthwhile way.
There are some things you have to fight for, full-time, or give them up.
The censors will not stop, ever. We deal with it every time it comes up,
and be assured that we will not even know which way the current issue is
going before something else starts, or we fold up the tent. Ignoring the
issue is just waiting to have the tent confiscated.
Applying someones labels to posts for example purposes may be necessary,
if you cannot work out what the enemy is likely to target, you lose a
fairly short battle. If examples of speech that may be supressed are
needed for participation, it will have to be done, however distasteful
some may find it. Again, we do this or we pull the plug, or we have the
system carted away in blue panel trucks.
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mwg
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response 50 of 111:
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May 28 17:05 UTC 1999 |
(dang slipped in, I detect a trend here in responses.)
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albaugh
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response 51 of 111:
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May 28 17:12 UTC 1999 |
> Grex has no basis or right to "just do extracts of any number of
> items in the sexuality conference".
Get real - each and every [telnetting] grex user has the capability to do
this very thing right now, and so has the "right" to do it. Grex as an
entity certainly has the right to do what its users can do. Obviously,
there would be no need to identify the users making each posting, but to
make extracts of the content of discussions - which are freely available to
the whole world, via the web even, for crying out loud - is betraying no
trust to grex users. I'm not saying that this should or will be done, but
it certainly could be done, and I would have no problem in grex doing so.
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jep
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response 52 of 111:
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May 28 18:06 UTC 1999 |
It might be someone's contention that nuclear weapons could lead to a
nuclear war, which would destroy all life on the planet, and with it,
Grex. Therefore, Grex ought to oppose the existence of nuclear weapons.
Any one of us here could think of 1000 such agendas for Grex to support,
and could think of a similar argument by which Grex could support any
such political agenda. (Abortions could lead to 0 babies being born,
therefore the end of Grex; telephone company mergers could drive up our
costs, therefore the end of Grex; increased parking meter fees could
lead to someone blocking Grex's driveway, so that no staffer could
reboot the system for a month, therefore the end of Grex.) They're all
silly examples, intended only to lead to the phrase "end of Grex", and
thus to an excuse for Grex to take political action.
The arguments in this item are about as silly. We can and do live with
censorship. The commonest example is credit card numbers. Users cannot
post credit card numbers on Grex, and yet we've survived, and prospered
pretty well.
The real reason for driving Grex into political action, and dragging
every user of the system into supporting the ACLU's political agenda as
a condition for using the system, is that some people here find the new
law to be distasteful. To use Grex is to support Grex. Every user here
is a part of the reason I am here. I wouldn't be logging on to a system
with 100 users -- just those who pay money -- for very long. Thus,
those who log in here are by that definition "supporters", and to some
extent, they have to buy into Grex's endorsements for agendas. Ask
those who won't eat Domino's Pizza because of Tom Monahan's Catholic
activities what I mean, if I haven't yet made myself clear. Even one of
the ACLU lawyers pointed out that some people will see opposition to
this law as support for free access to pornography by children.
I do despise the ACLU. No doubt about that, and I've said so many times
over the last 13 years while I've been on-line, here and on M-Net. They
have a very politicized liberal agenda. Where is the ACLU on defending
people's right to own guns, or practice religion even in public places
like schools by common, popular religions like Christianity? They don't
support such rights, they oppose them. They oppose other rights, too;
they pick whose rights to support and whose to oppose, and stomp some
people pretty well into submission.
Enough of that. I'm not interested in debating the benefits of the
ACLU. I do not see the acronym "ACLU", though, and put on the blinders
like a lot of people here do, and leap to support their agenda,
whatever it is. As much as I dislike the ACLU, from what I know in this
case, I maybe hope they prevail on this one issue. I just hope they do
it without Grex, which shouldn't be involved in politics.
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