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Scribblings of the Czar of the Ministry of Information
The Office of Information and Regulatory Affairs was, in an irony that will quickly become apparent, created by the Paperwork Reduction Act of 1980. Last month, after some delay by meddling and petty Senators with the temerity to express concern over the nominee's political views, Cass R. Sunstein was confirmed by the Senate as OIRA's head making him the current administration's latest "Czar." 20 days later Mr. Sunstein's book, "On Rumors: How Falsehoods Spread, Why We Believe Them, What Can Be Done," hit the stands. Good timing probably. Sunstein probably wasn't expecting to receive a confirmable appointment when he first started work on the piece- though at 88 pages of grade-school level prose he may well have begun writing quite a bit after the Wall Street Journal leaked his appointment in January of this year. Perhaps as recently as last month, actually. One would expect that a more public airing of the prose in Sunstein's work, which seems almost singularly focused on shutting up "members of the Republican Party spread[ing] rumors about the appointee of a Democratic president," (have anyone in particular in mind?) without causing a constitutional crisis might have caused problems.
Normally, such goings on would slip thankfully under the radar at Zero Hedge. Unfortunately, a newly emerging posture with respect to free speech evident in the stance of the United States seems to have erected itself since the current administration's swearing(s) in and, hence, such matters attract our attention. Particularly troubling are the following passages:
On the Internet in particular, people might have a right to "notice and take down." Under this approach, modeled on the copyright provisions of the Digital Millennium Copyright Act, those who run websites would be obliged to take down falsehoods upon notice. It is true that this approach might be burdensome. It is also true that because of the nature of the Internet, notice and takedown cannot provide a complete solution. But if it is taken down, it will not be in quite so many places, and at least the victim of the falsehood will be able to say that it was taken down.
And:
What would be so terrible about a requirement that people take down libelous material after they are given notice that it is libelous- at least if they do not have reason to believe that the material is accurate or at least supported by evidence?
We cannot think of a worse model for "falsehood" regulation than the Digital Millennium Copyright Act, which effectively enables anyone with an internet connection to bluff U.S. (and many foreign) internet service providers into forcibly removing content that fails to possess even a passing resemblance to infringement. Zero Hedge, of course, experienced this first-hand more than once in the days before our technological exodus from the gentle regulatory ministrations of the United States.
In addition, answering the question "what would be so terrible" posed by Sunstein's second passage is quite simple. Shifting the burden of proof to the content provider "on notice," is a major shift from current practice (outside of the DMCA) and presents a difficult logical problem. "Prove the content is not libelous," is rather a troublesome contention. Since when do we reverse the burden of proof on content providers and require of them positive certifications of the non-libelous nature of their prose in order to be blessed with the right to publish? Who exactly will determine what constitutes "accurate or at least supported by evidence"? When will this finding be made? (Before or after the "take down"?) When will CNBC be forced to close up shop or move their studio to the Caymans? Will this impact Bartiromo's wardrobe significantly? (Please tell us it will not alter Gasparino's).
Actually, we think we know the answers to these questions already and therefore, quite obviously, Zero Hedge's Q2 2009 "short American free-speech" trade continues to provide some of our portfolio's most dramatically outsized risk-adjusted returns.
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:) I love it when you write like this.
Magnificent. Now, when they come for the internets who among us will stand strong?
Woof.
Fits in with the rest of the Administrations's agenda.
those who run websites would be obliged to take down falsehoods upon notice.
If this were true, Blomberg.com would be out of content.
That would also kill every local state branch of the Fed website and the FED's website as well. And Chicago Fed puts out very illuminating falsehoods. This is just another way to say one persons opinion analysis is falsehood while anothers is truth. Agree or get bullied by those who build prisons and buy guns and fund developement of weapons.
+ +
Wow! it is really becoming a 1984 remake. How could that be? Well it is. Thanks Marla - I see you as that goth chick slayer (with weapons and skills) in the near future. Will you save me - please do as I will fight by your side sister. Let the games begin.
A strong dollar policy statement by the treasury or fed would also be a falsehood if it appeared in print or internet - except that this will just be blatant selective application. Are we in China, are we in Venezuela, are we in Cuba? Apparently the burden of proof with innocent until proven guilty will be applied politically to silence critics - like the fairness principle - we must have 50% truth and 50% lies just to make sure the perspectives are balanced (their perspectives).
Paranoia runs deep, into our lives it will seep.
I vote Venezuela. This Admin loves that pudgy twerp.
Are we in China, are we in Venezuela, are we in Cuba, are we in the U.S.?
Anybody have the symbol for that bear etf "short American free-speech"?
Obviously you are a smarty pants. I wishI had said the same thing brother. Thanks.
I think it's USUX
The Exile(d) had an article on this guy a few months back. What a creep. And I don't think that statement was libelous or untruthful.
The Exile(d) had an article on this guy a few months back. http://exiledonline.com/all-the-president%E2%80%99s-middlebrows What a creep. And I don't think that statement was libelous or untruthful.
Please allow me to share some reality.
http://isohunt.com/torrent_details/23590128/Occupation+101?tab=comments
The torrent:
http://isohunt.com/download/23590128/Occupation+101.torrent
Complete and udder bullshit!
Can you please post about the harassment when it is happening and put a 'Donate' button in the post so we can donate: funds, time, or at least be able to question our congress person about this clear abuse.
This is infuriating to purests.
Marla its about time dear....seeing how ICANN is now going to be run by the UN iit is about time you see what I saw months ago...
"At the long enough timeline even the survivial rate (especially of ZH) will drop to zero. "
I hope you make this your front and center issue....if not Marla I am afraid this site is doomed.
Gotta be ready for the real fight,they'll trot out a story about some poor little girl,chat room's,nasty kid's in high school,unable to sleep,do homework etc...and pass the bill,because we will have been duped once again
Marla your bias is showing. What's this "latest czar" bit? Did you get that from Glen Beck? I'm no apologist for the Obama Administration, but I can remember eight long years of George Bush and non-stop attacks on freedom of speech and civil liberties. This is nothing new.
The Democrat and Republican parties are not enemies. They are friends. They'd like you to think there is an actual difference between the two to create an appearance of choice, and therefore the illusion of democracy and freedom. These little diversions like the one regarding Sunstein keep us distracted from the fact that the two-party system works in collusion to keep us ignorant, while at the same time creating job security for sociopathic opportunists who have no problem with the grief their actions cause. The bottom line is that neither establishment party gives a damn about the Bill of Rights. They have the corporate media to feed us the appropriate information, and to set the guidelines and talking points. Then we all get to wave our flags. But nothing ever seems to get done. Does it? Seems like things only get worse. Doesn't it?
"The bottom line is that neither establishment party gives a damn about the Bill of Rights."
Heh - sounds like somebody else has been watching Beck. See how easy it is?
You are not alone in knowing this:
Interview with Jesse Ventura a few months back on Larry King
"The two party system is just like professional wrestling. When the microphones are on and the crowd is watching, each party hates each other and yells at the other one. After the match, everybody goes in the back room as friends and divides up the money"
Agreed....and you are in good company.
interview with Jesse Ventura a few months back on Larry King show:
"The two party system is just like professional wrestling. When the cameras and microphones are on, we are yelling at each other and fighting. After the match, everybody is friends and we go in the back room and divide up the money"
In my opinion Larry King is a corporate media whore and he invited Ventura on his show only to display him as a nutcase.
The guy is a moron. He couldn't get a job if it wasn't for his stupid political friends.
Marla,
You have my vote via a contribution to the ZH Treasury.
Thank you for all You, TD, and the entire ZH community do.
This is an educational forum much more valuable to me than an MBA "program", or some other higher level exercise in conceptual dogma.
Forge on!
Bubby
Cass Sumstein mimics the totalitarian Operatchiks of the USSR. Marx, Engels, Trotsky, Sumstein,
You are just jealous of all the beauty at CNBC (anyways that's all they got...
Keep it up Marla, you and Glenn Beck are the only one's talkin' about this bozo, and as much as I like Beck, I like you a lot better!
And to preempt all you "Faux-news" hating liberal elitists, I'll accept leading edge analysis and information from any source I can get it, and Beck is providing more of this that all the Obama worshipping press combined.
TOTO we are not in Kansas anymore!
Wake me up when this is over.....
The MSM well controlled. Google is scrubbed on command to eliminate any info not approved for release. The biggest threat to the PTB (powers that be) is unfettered access to information. I thought some politition made a comment about transparency. Maybe it was complete transparency up until the SSP.
http://www.boilingfrogspost.com/2009/11/23/state-secrets-privilege-the-p...
That was the basis of Murdoch's pay for content trial balloon. Next we will see it is important to control info to keep it out of terrorists hands or protect the kids. Maybe a bandwidth play where it takes money and keeps the poor folk out. But the march of controlling information goes on and over time will succeed. Soon, China will look like a free country.