20080229

New Report: One in 100 American Adults Currently in Prison

Posted by Chris Bowers

Military spending and incarceration rates are also both cornerstones of the booming Republican public sector economy.

Back on Christmas, Matt wrote an article called Five Untouchable Symptoms detailing five major problems facing the country that even leading Democrats rarely, if ever, address. Four of those five problems actually revolved around only two issues: America's extraordinarily high levels military spending and incarceration rates. Just how bad is the incarceration rate in America? According to a new study from Pew, 1 in 99 American adults are currently in jail. From the New York Times article on the report:
For the first time in the nation's history, more than one in 100 American adults is behind bars, according to a new report.
Nationwide, the prison population grew by 25,000 last year, bringing it to almost 1.6 million. Another 723,000 people are in local jails. The number of American adults is about 230 million, meaning that one in every 99.1 adults is behind bars.
Incarceration rates are even higher for some groups. One in 36 Hispanic adults is behind bars, based on Justice Department figures for 2006. One in 15 black adults is, too, as is one in nine black men between the ages of 20 and 34.

Military spending and incarceration rates are also both cornerstones of the booming Republican public sector economy:

In 2007, according to the National Association of State Budgeting Officers, states spent $44 billion in tax dollars on corrections. That is up from $10.6 billion in 1987, a 127 increase once adjusted for inflation. With money from bond issues and from the federal government included, total state spending on corrections last year was $49 billion. By 2011, the report said, states are on track to spend an additional $25 billion.

While this is only 2% of the public sector economy, like military spending and corporate welfare, it is also not an area of spending that is ever seriously questioned by any major politician. These areas of government spending are also major reasons why government spending continues to explode, even under the guidance of so-called fiscal conservatives and libertarians. Invariably, these areas of spending also disproportionately favor red areas of the country and pro-Republican demographics. It is a vast economy of hypocrisy, where conservatives talk about the need for personal responsibility and to cut government spending, but ultimately greatly expand, and redirect, federal and statewide spending in order to fatten the wallets of their strongest supporters.

Breaking and redirecting current government spending patterns away from these industries is also a key to building a long-term progressive governing majority. Not only would it shift the balance of economic power in America, but it is also a key to de-funding the right. I'd love to see a study of how much conservative directed government spending of this nature ends up in Republican campaign coffers or in the bank accounts of the institutions that keep the Republican Noise Machine working. That flow of money is truly the circle of life untouchable political symptoms in this country.

Unlawfully Detained At Home Depot For Not Showing Receipt

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Reader Matt has launched the dreaded EECB (Executive Email Carpet Bomb) on Home Depot—attaching a copy of a formal complaint that he filed with the Metropolitan Police in Washington, D.C..

In addition to poor customer service and an inadequately maintained and stocked store, Matt says he was illegally detained by the Metropolitan Police and forced to return to the store to show his receipt to a Home Depot employee.

According to his police report, the officer stopped Matt without reasonable cause and forced him to comply with "store policy." Matt feels that this was a violation of his 4th amendment rights.

Why are the Washington D.C. police enforcing Home Depot's "store policies" as if they were laws? Nothing better to do?

Here's Matt's letter to Home Depot's CEO Frank "Li'l Frankie" Blake:

Dear Mr. Blake,

Since purchasing my home in March 2007, I've spent nearly $10,000 on various projects around my home; most of that was spent at my local Home Depot in Washington, DC. Despite the poor inventory, poor customer service, long check out lines, disorganization of the store, rummaged-through/opened/broken/incomplete items sold, and many other problems with the store, I've shopped there because it's local and has a good-sized lumber/drywall supply. After a recent incident, however, I'll likely not return and instead will probably drive a few miles further to a Lowe's in Maryland or Virginia in the future.

Long story short, I refused to show my receipt to exit the store, and was detained illegally (albeit briefly) by a uniformed Washington, DC Metropolitan Police officer in the 5th District on February 21, 2008. I've submitted a formal complaint to the police department, which is attached. I refuse to be treated like a criminal and be held at your store illegally in the future. As you probably know, most retail shrinkage/loss occurs as a result of internal theft by employees, not customers, so the store "requiring" customers to display receipts at exits likely isn't doing much good anyway (not to mention that customers are not legally required to display receipts).

In addition to this incident, I've experienced the below within the past few months:

-Lack of knowledgeable sales staff

-Discourteous sales staff

-Inattentive sales staff

-Trouble receiving replacement parts missing from a ceiling fan kit; the local Home Depot associate actually opened up a new box for a different fan, gave me parts he assured would work, and sent me on my way. The parts didn't fit my fan at all, and now the local Home Depot has yet another opened and incomplete item; the Chinese manufacturer was more efficient and shipped the parts to me as a courtesy.

-Saw used for cutting/ripping plywood and other lumber has been out of service for some time (forcing me to go elsewhere)

-Initial refusal by a cashier to allow an exchange of a Commercial Electric brand item; she claimed that the item was not purchased at a Home Depot, even though this brand is sold exclusively by Home Depot (after wasting 30 minutes of my time, a manager overrode the decision)

-Inaccurate inventory numbers, resulting in perpetually out-of-stock items (e.g.: one time, the store's inventory system indicated to a sales rep that the store had hundreds of an item in stock, yet no associate could find the large, oddly-shaped item, forcing me to go to a competing store out-of-state, which has helpful staff and plenty of the item readily available)

-A store security guard grabbing my person and my purchased items and not allowing me to leave the store; my father had the receipt and already left the immediate area (Again, this type of action is unlawful; store employees or contractors have no legal right to touch/assault customers or prevent them from leaving, even if no receipt is shown. After purchasing the items, a customer's obligation to the store ends.)

-Common items out of stock (one more than one occasion, I couldn't find a CPVC 1/2" elbow; this is a very common part, and it's frustrating to have to rig several components together to complete a project)

-A 40-minute wait to even speak to someone about ordering a sheet of laminate countertop material (I recently built my own kitchen cabinets and counters); three other associates were present and available in the department, but claimed that the one busy associate was the single person in the store who could give me a rough guesstimate of price (I gave up and drove a few miles out-of-town to Lowe's, which had a handful of popular styles of laminate sheets in stock, unlike Home Depot).

When I first arrived to DC, I was happy to hear that there was a Home Depot in town, as I was familiar with the "You can do it, we can help" attitude portrayed in advertisements. My experiences (only some are list above) have proven, however, that the Home Depot is most certainly not in a position to help as advertised. In fact, I wish I would have spend the thousands of dollars at Lowe's or other stores. Even with a further distance to travel and possibly higher prices, I wouldn't have left the store stressed out or frustrated nearly every time.

Mr. Blake, I realize this is a long e-mail, but I hope you-- as Home Depot's CEO-- will consider what I've said and work to institute changes at the Home Depot in our nation's capital; until then, though, I'll likely find a store that's well-organized and staffed with persons who are helpful.

In addition, I read today that Home Depot recently posted its first-ever annual sales decline, with a 27% drop in the fourth quarter of 2007. With those losses, I'm surprised that Home Depot hasn't gotten back to basics like having good customer service, sensible policies, and treating customers as they should be treated.

Please feel free to contact me via e-mail or telephone at [redacted] should you have any questions.

Yours,

Matt


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1 in 100 U.S. Adults Behind Bars, New Study Says

By ADAM LIPTAK

For the first time in the nation’s history, more than one in 100 American adults is behind bars, according to a new report.

Nationwide, the prison population grew by 25,000 last year, bringing it to almost 1.6 million. Another 723,000 people are in local jails. The number of American adults is about 230 million, meaning that one in every 99.1 adults is behind bars.

Incarceration rates are even higher for some groups. One in 36 Hispanic adults is behind bars, based on Justice Department figures for 2006. One in 15 black adults is, too, as is one in nine black men between the ages of 20 and 34.

The report, from the Pew Center on the States, also found that only one in 355 white women between the ages of 35 and 39 are behind bars but that one in 100 black women are.

The report’s methodology differed from that used by the Justice Department, which calculates the incarceration rate by using the total population rather than the adult population as the denominator. Using the department’s methodology, about one in 130 Americans is behind bars.

Either way, said Susan Urahn, the center’s managing director, “we aren’t really getting the return in public safety from this level of incarceration.”

But Paul Cassell, a law professor at the University of Utah and a former federal judge, said the Pew report considered only half of the cost-benefit equation and overlooked the “very tangible benefits — lower crime rates.”

In the past 20 years, according the Federal Bureau of Investigation, violent crime rates fell by 25 percent, to 464 for every 100,000 people in 2007 from 612.5 in 1987.

“While we certainly want to be smart about who we put into prisons,” Professor Cassell said, “it would be a mistake to think that we can release any significant number of prisoners without increasing crime rates. One out of every 100 adults is behind bars because one out of every 100 adults has committed a serious criminal offense.”

Ms. Urahn said the nation cannot afford the incarceration rate documented in the report. “We tend to be a country in which incarceration is an easy response to crime,” she said. “Being tough on crime is an easy position to take, particularly if you have the money. And we did have the money in the ‘80s and ‘90s.”

Now, with fewer resources available, the report said, “prison costs are blowing a hole in state budgets.” On average, states spend almost 7 percent on their budgets on corrections, trailing only healthcare, education and transportation.

In 2007, according to the National Association of State Budgeting Officers, states spent $44 billion in tax dollars on corrections. That is up from $10.6 billion in 1987, a 127 increase once adjusted for inflation. With money from bonds and the federal government included, total state spending on corrections last year was $49 billion. By 2011, the report said, states are on track to spend an additional $25 billion.

It cost an average of $23,876 dollars to imprison someone in 2005, the most recent year for which data were available. But state spending varies widely, from $45,000 a year in Rhode Island to $13,000 in Louisiana.

The cost of medical care is growing by 10 percent annually, the report said, and will accelerate as the prison population ages.

About one in nine state government employees works in corrections, and some states are finding it hard to fill those jobs. California spent more than $500 million on overtime alone in 2006.

The number of prisoners in California dropped by 4,000 last year, making Texas’s prison system the nation’s largest, at about 172,000. But the Texas legislature last year approved broad changes to the corrections system there, including expansions of drug treatment programs and drug courts and revisions to parole practices.

“Our violent offenders, we lock them up for a very long time — rapists, murderers, child molestors,” said John Whitmire, a Democratic state senator from Houston and the chairman of the state senate’s criminal justice committee. “The problem was that we weren’t smart about nonviolent offenders. The legislature finally caught up with the public.”

He gave an example.

“We have 5,500 D.W.I offenders in prison,” he said, including people caught driving under the influence who had not been in an accident. “They’re in the general population. As serious as drinking and driving is, we should segregate them and give them treatment.”

The Pew report recommended diverting nonviolent offenders away from prison and using punishments short of reincarceration for minor or technical violations of probation or parole. It also urged states to consider earlier release of some prisoners.

Before the recent changes in Texas, Mr. Whitmire said, “we were recycling nonviolent offenders.”

20080228

Touch your privates in private, court tells Italian men

John Hooper


In a landmark judgement with far-reaching social implications, Italy's highest appeals court has ruled it is a criminal offence for Italian men to touch their genitals in public.

The judges of the court of cassation stressed that the ban did not just apply to brazen crotch-scratching, but also to what might be termed superstitious pre-emption. Anyone who has seen a hearse go past in Italy, or been part of a discussion in which some terrible illness or disaster is mentioned, will know it is traditional for men to ward off bad luck with a quick grab at what are delicately called their "attributi".

The practice has become increasingly frowned on, but "io mi tocco i … ", which translates as "I touch my … " is still a common phrase, roughly equivalent to "fingers crossed". The judges helpfully suggested that those seeking reassurance should wait till they had returned to the privacy of their own homes before letting their hands stray trouser-wards.

The court was ruling on the appeal of an unnamed 42-year-old workman from Como near Milan. In May 2006, he was convicted of indecent behaviour for "ostentatiously touching his genitals through his clothing". His lawyer said it was merely a "compulsive, involuntarily movement, probably to adjust his overalls".

The third penal division of the Rome court was having none of it. It said that public genital-patting "has to be regarded as an act contrary to public decency, a concept including that nexus of socio-ethical behavioural rules requiring everyone to abstain from conduct potentially offensive to collectively-held feelings of decorum".

The judges said such actions risked generating "awkwardness, disgust and disapproval in the average man", unexpectedly perhaps failing to mention the average woman.

The workman was ordered to pay a €200 fine and €1000 costs.

Outrage as pupils in school near 'suicide hotspot' Bridgend are told to write imaginary suicide notes

By LUKE SALKELD

A school near Bridgend has sparked outrage after pupils were ordered to write imaginary suicide notes in class, it emerged today.

Students aged just 13 were told to carry out the exercise in an English lesson in order to "get into the mind of a troubled teenager".

The school is situated just a few miles from the South Wales borough of Bridgend, an area which has been struck by a string of apparent hangings by young people.

Today the grieving mother of one of the victims said the task showed a "disgusting" lack of sensitivity in the wake of the tragedies.

And parents of the children who were asked to perform the "literary" exercise said it was inappropriate to ask young children to imagine having suicidal thoughts.

Year Nine pupils at Radyr Comprehensive School, in the outskirts of Cardiff are studying a book in which the main character finds his sister dead with a suicide note next to her body.

The children were asked to write their own version of the letter which features in Noughts and Crosses, by Malorie Blackman.

One parent said: "It's dreadful they were asked to do this at such a sensitive time.

"All the children are aware what is going on in Bridgend - what was this teacher thinking of?

"The pupils are being asked to express suicidal thoughts that they don't have - but who knows what that could lead to?

"My daughter said the book is making her depressed."

The headteacher of the 1,400-pupil school yesterday said their English teacher did not associate the class project with the Bridgend suicides - even though it is just 12 miles away.

A mother of one of the 17 suicide cases yesterday condemned the suicide notes class exercise as "disgusting".

Tracey Roberts, whose son Anthony Martin, 19, hanged himself almost a year ago, said: 'I find this very, very disturbing.

"The worst thing any parent can ever do is read a suicide note from your own child.

"It is a sick world when the schools are telling kids to do it.

"Quite honestly, it is disgusting. They should not be putting these ideas into the minds of 13-year-old children."

The 42-year-old added: "Discussing a proper suicide strategy for schools is a good idea - but getting these children writing suicide notes is just so wrong.

"This school is so close to Bridgend that all the children must be aware of what is going on. I think they should stop it immediately - they are playing with fire."

Mrs Roberts' son who was the fifth out of 17 young people to be found hanged in the Bridgend area since the start of last year.

Noughts and Crosses is not on the curriculum for all schools - but has been used as a text by Radyr Comprehensive for two years.

Headteacher Steve Fowler said today: "Noughts and Crosses is a well-known book by a highly regarded author, commonly read in schools.

"The suicide is a relatively small sub-plot in a book that deals with many weighty topics such as racism, terrorism and the death penalty.

"One of the main characters learns of the death of his sister and finds an envelope from her addressed to him."

Mr Fowler said the task was a 'spontaneous piece of writing' where children were asked not to turn over the page to find out what the letter said - but to write their own version of the suicide note.

He added: "Such predictive tasks are commonly set as activities in the study of any text.

"There are clearly grave sensibilities in South Wales at the moment about young people taking their own lives.

"However, the teacher setting the text did not associate the task with news stories but rather considered it part of the textual study of a serious book dealing with serious issues in a serious way.

"Any offence caused is completely unintentional."

A Cardiff council spokesman said: "Schools are expected to cover a range of sensitive issues with young people via the curriculum.

"This book was selected for study some time ago and we have no reason to doubt the ability of teachers at Radyr to deal with such matters in an appropriate manner."

Mayor in Brazil transforms 'deadliest' town

When he took office in 2004, Mayor Waldir Gualberto de Brito knew swift action was needed to bury the town's reputation as the most violent place in Brazil.

The Violence Map, a periodic state-sponsored study, named Vila Boa the sixth-deadliest town in the country from 2002 to 2004.

Over the next three years, it fell to 298th.

Walking around this sleepy town of 4,300 people today, it is hard to imagine that anything dangerous happens here. Goats and horses walk the streets; bicycles outnumber cars.

Crime has fallen across Brazil in recent years, thanks to an improved economy, tougher police presence, and restrictions on guns and alcohol.

While these factors have helped Vila Boa – which is 100 miles northeast of Brasília, the capital – many also attribute the town's drastic transformation to Mayor de Brito's efforts to tackle the causes of violence, rather than violence itself.

"The priority was making people's lives better," de Brito says. "I knew that if we improved the quality of life, then we'd reduce crime."

De Brito, who has showered the town with public works programs and social services, says his first aim was to implement public policies designed to "help raise self esteem and give people hope."

"I think public administrators need to address the problems that lead people into crime," he adds.

Under his tenure, the town has installed a new drainage system to stop recurring floods, opened a second health clinic, and paved almost three miles of streets, raising the area of paved roads to 90 percent from 65 percent.

It built and delivered 80 low-cost houses to the poorest families and opened a community center with Internet access. A public plaza with recreational facilities is taking shape in the town center, while on the outskirts, laborers are building a new soccer field – the town's first to have bleachers.

Government-paid tutors are giving lessons to those wishing to earn a living as seamstresses, cheesemakers, artisans, or bakers. Kids can attend after-school soccer training and take citizenship classes taught by the police.

Residents say the town feels different and safer as a consequence.

De Brito recognizes that his efforts aren't the only force behind the changes in town, which between 2005 and 2007 saw only one homicide, compared with 11 in the three years preceding.

External factors have helped greatly. Many of the town's poorest families get a regular income through the Bolsa Família, a federal aid program that pays parents to keep their children in school.

The mayor's affiliation with the Workers' Party of President Luiz Inacio Lula da Silva may have helped secure federal funds for his public works programs, something de Brito himself acknowledges.

And the opening of a sugar cane factory nearby has provided hundreds of jobs and injected much-needed cash into the local economy.

More police, fewer weapons

In Vila Boa and other parts of Brazil, a greater police presence and restrictions on guns and alcohol have also helped reduce crime, experts agree.

As one indicator, the deadliest spot on the 2006 Violence Map – Coloniza, an Amazonian back-water – had a homicide rate of 164 per 100,000; last year's leader, Coronel Sapucaia, had just 107 per 100,000.

Brazil passed a law in 2003 greatly restricting weapons sales and, though a more permanent law was rejected by voters two years later, that legislation got many guns off the streets, says Julita Lemgruber, director of the Security and Citizenship Study Center in Rio de Janeiro.

The police have also become more visible. In Vila Boa, the number of officers has risen from eight in 2005 to 12 today, and they have been given additional vehicles with which to operate.

Their job has been made significantly easier by a local law banning the sale of alcohol after midnight on weekdays. Ms. Lemgruber says similar legislation has been passed in other municipalities, especially in São Paulo, the country's biggest and most populous state.

"I'd estimate that 80 percent of all crime [here] involves alcohol," says Lt. Edir Guimaraes Sobrinho, Vila Boa's police chief. "I think closing bars and stopping people drinking into the wee hours, and putting more police on the streets – that benefits people. That is the big advance."

That move to more conspicuous policing is also being hailed as a success in big cities.

In Rio de Janeiro, the homicide rate has fallen from 46.1 per 100,000 in 2002 to 39.5 per 100,000 in 2006, according to police figures, which tend to be more conservative.

In Recife, Brazil's most violent major city, the rate has fallen from a high of 58.9 per 100,000 in 2001 to 53.9 per 100,000 last year, police say.

And in the state of São Paulo, the number of homicides has dropped from 12,800 in 1999 to 4,800 in 2007.

Officials there compare the improvement to the remarkable turnarounds witnessed in New York and in Bogotá, Colombia, two cities that drastically reduced their crime rates with crusading mayors and more intelligent policing.

"Our rate of reduction has been even more marked," said Tulio Kahn, coordinator of analysis and planning with the state police, at a press conference last month. "Those are cities. This is a state. We've seen a fall in 538 of the [state's] 645 municipalities. The reduction is widespread. And in the capital the decrease is even greater, 72 percent."

Experts caution that it's too soon to say if the drop in crime will continue. Brazil still has 14 million unlicensed weapons, according to government figures.

Current trends have nonetheless been refreshing. "For the first time in Brazilian history, we have had three years in which the measures of fatal violence have fallen," says Julio Jacobo Waiselfisz, author of the Violence Map. "There is light at the end of the tunnel."

Interview with renowned author Naomi Wolf

Bank Of America Won't Let You Access Your Money

Silly Bill. He thought Bank of America would let him spend $5,800 on a home theater system just because he had over $10,000 in the bank. He tried to charge the system to his Bank of America Visa Platinum Check Card but was declined. Confused, Bill called Bank of America customer support for an explanation and had the sort of conversation that makes you want to drive a fork through your ear.

So tonight I went to my local Best Buy, planning on surprising the wife with a new bigscreen TV.

We get there and, believe it or not, the Best Buy people are helpful, friendly, informative and DON'T try to push Monster cables on me. (I know - I nearly fainted too).

Having done my homework, I picked out a receiver, speaker system, wall mount, some blue ray movies , and a 58" plasma TV. Total cost : $5870.69

So I head to the register to pay for my newly acquired goodies and my card - despite having a few grand more than the total in my "available funds" is declined.

Puzzled - I call Bank of America , wait on hold about ten minutes, go through countless adverts for bank services, double authorizations etc and FINALLY I get to a human. Of course in spite of all of this the woman wants my information all over again even though I just typed it in. She wont even help me til I provide it and so I do.

I explain that I am in the store, at the register, and that I know I have available funds.

She puts me on hold about 5 minutes , then comes back and says "Im sorry - that's over your daily limit. There's nothing I can do. Was there anything else I can help you with?"

Remembering to keep a cool head, I ask about a supervisor giving me an override on the limit. She says "let me transfer you to the ATM department." And before I can explain that this isn't an ATM problem, she disconnects me.

Frustrated - I dial again, more menus, get a human, get transferred, get another human, get transferred, (every time re-verifying my ID)finally I get to the FOURTH person who apologizes 10 times and says "don't worry sir - I can help you!"

I think I'm getting somewhere but then a supervisor comes on and explains to me that "Everyone in the United States that uses Bank of America has a daily spending limit of 5000.00 no matter what."

Stunned, I ask for an exception and in a parent-giving-me-a-cookie tone he says "well, I suppose we can up that to 6000.00 just this once."

At this point I am over an hour on the phone but we try the transaction again. Declined.

More hold time. He comes back and says that he is sorry but 6000. is the limit and buying gasoline and dinner earlier in the day is going to put me at more than 6 grand for the day and so I can come back tomorrow and buy the TV or I can go to my branch and get a money order.

Fuming, and doing my best to remain calm, the conversation goes like this:

"Let me get this straight - I have an "available" balance of nearly 10 grand in my account?"

"yes sir"

"And its not pending or a deposit waiting to clear, that's my money, confirmed and in your bank?"

"yes sir"

"And you have kept me on the phone for over an hour, asked me multiple times to verify my identity and are satisfied that I am who I say I am?"

"yes sir"

"And you are going to deny me access to MY money?!?!"

"No sir - we are not denying you your money, your're just over your daily limit."

"My daily limit? This isn't a credit card. It's a PLATINUM Visa checkcard. I understand that you have to put limits in for my protection but I need to make this purchase"

"Im sorry theres nothing I can do"

At this point, after nearly an hour an twenty minutes on the phone, I lose my cool. I am embarrassed, have essentially shut down a register lane on a Friday night at Best Buy and am obviously the talk of the store both from employees and customers.

I ask to speak to a supervisor and am told that I am speaking to one. I ask to speak to HIS supervisor and am told that's not possible.

Out of desperation I ask again and he says "wait just a moment"

More hold. Ten more minutes. I am fuming. He comes back and excitedly tells me "try it now."

So for the umpteenth time I swipe my card. This time it comes up "authorization code needed"

I relay this to the BoA guy and he says "well, we are making progress"

A few more minutes of hold time later and he comes back with the code and makes my purchase go through.

I have NEVER experienced such shoddy customer service ever. Im sure Im preaching to the choir when I say this, but Monday morning I am cancelling my BoA account, and fellow consumerists - Stay the heck away from Bank of America!

As a side note, after the transaction was completed I said to the supervisor, "So, what if I was say, Donald Trump and wanted to spend 30 grand on something?"

His response, " Well , for Mr Trump we would have made an accommodation ahead of time."

I said "And if I'd decided tonight to buy the $14,999.99 71" plasma TV in here this evening?"

"You wouldn't not have been allowed to do that."

At that point I hung up.

Sheesh!

Bank of America, though still thoroughly decrepit and evil, may have been sending a helpful signal. Large purchases like home theater systems should be charged to a credit card, ideally one that offers rewards and extended warranty protection. As Bank of America would say, it's for your own good.

Copyright this

Copyright this

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Intellectual property’s social value may trump copyright law.
By Dallas Weaver
February 20, 2008
Jon Healey correctly points out that the debate over intellectual-property theft is complex because we are often dealing with "non-real properties." These properties cost nearly nothing to produce, and an infinite number of people can use the same property at the same time. And yet, we still want to treat them as if they were "real" property.

Significantly, some of these non-real properties have major effects on human welfare. Take, for example, the formula for "oral rehydration therapy," a mixture of salt, sugar and water. Although it could potentially be copyrighted, it has saved more lives in the Third World than almost anything else. The world is lucky that this formula is in the public domain, not copyrighted and subject to use charges that people who need it couldn't afford.

The present system treats these copyrighted works as a funny kind of real property with no carrying costs, taxes or significant fees. Without carrying costs, copyrights remain in force almost forever - even though, over time, the demand for the copyrighted material can fall to almost nothing. As the demand decreases, the value may remain, but it becomes effectively unavailable to, as the Constitution puts it, "promote the progress of science and useful arts." Witness all the copyrighted books, scientific journals, audio works and visual works that are out of print or otherwise unavailable because copyright law prevents the new, low-cost methods of distribution from being utilized.

In the scientific field, this has devastating effects on the advancement of human knowledge - which is just the opposite of the intent of copyright law.

As a member of a scientific journal's editorial board - and as a senior citizen - I see reams of manuscripts that just reinvent the wheel. Because the whole scientific enterprise has become so complex that non-electronic research is effectively impossible, many young scientists don't know and can't find out what has already been done from older, copyrighted, paper-based literature. This results in a huge waste of resources. The same can be said for copyrights in creative areas such as music and writing, in which older works with limited distribution could be built upon to "promote the progress of science and useful arts."

A solution to determining which works are in the "Mickey Mouse" category of copyrights and which are in the more socially valuable "oral rehydration therapy" class of work is not feasible for a government bureaucracy. However, if all copyrights were taxed at a fixed (but significant) amount per year to maintain the copyright (all registered through the copyright office and searchable), there would be a significant carrying cost and most of the copyrighted material would revert to "public domain" and become available to "promote the progress of science and useful arts." As intellectual property and copyrights become an even more significant part of our economy, and as copyright holders (not necessarily the creators) make claims of "stealing" as though it is real property, it should be taxed. Relative to copyrights' significance in our economy, the amount of revenue from this source should be in the hundreds of billions of dollars per year.

With a proper tax system, publishers like the L.A. Times or scientific journals may maintain a copyright for only a year or so before letting the content revert to public domain and letting Google and everyone else utilize the material for its small, but socially significant, remaining value. The human enterprise could continue to build on itself in these creative, sustainable and non-resource-consuming ways, with copyrights only applying to a small subset of this enterprise.

It should also be noted that some of the most valuable and significant intellectual property and creative works can't be copyrighted. For example, Mickey Mouse is copyrighted, but E=MC2 could not have been. Which was truly the more significant creative work?

<It is necessary here to point out that this limits the availability of ANY copyright to the wealthy and this is not acceptable. We need a way to keep as much material as possible in the public realm while still letting individuals retain copyright. In other words the corporations will always find a loophole or just bully their way into getting more than their share, whatever solution is reached needs to counter this.>

Proposed Utah bill would give special designation to ISPs that block porn

By Jaikumar Vijayan

February 27, 2008 (Computerworld) A bill introduced this month in the Utah House of Representatives would give Internet service providers that block access to pornographic material a special designation and an official seal that they could display on their Web sites and use in their promotional materials.

If approved and signed into law, the bill — officially known as H.B. 407 — would create a Community Conscious Internet Provider (CCIP) designation and order the state attorney general's office to issue a seal to qualifying ISPs.

The bill, which was introduced by a Republican representative named Michael Morley, was given a favorable recommendation by the Utah House's Government Operations Committee on Monday. It also received a second reading on the House floor that day.

To qualify for the CCIP designation, ISPs would have to file an application form with the attorney general's office agreeing to contractually prohibit their customers from publishing pornographic material on the Web. The agreement would also require them to remove any pornography and other content deemed harmful to minors that does get published by their customers, while also preventing other users from accessing those items in the meantime.

To define content that could be considered harmful to minors, the bill points to language in an existing Utah law that describes such material as anything containing nudity or depicting sexual conduct that "when taken as a whole, appeals to a prurient interest" among minors.

The restrictions would apply to all such content either published on Web sites hosted by an ISP or accessed via its services. In addition, the proposed bill would require companies seeking the CCIP designation to keep track of all IP addresses issued to customers for a minimum of two years after their initial allocation. ISPs would also would have to agree to comply with any court order requiring the removal of material prohibited under the statute and to identify individuals being sought by law enforcement authorities. And they would have to give all customers a full disclosure of the requirements.

The CCIP designations would be awarded for periods of up to one year, after which ISPs would need to apply for a renewal. Under the proposed law, companies that failed to fulfill the agreements could face fines of up to $10,000 for each violation.

Jeff Chester, executive director of the Center for Digital Democracy, a not-for-profit advocacy group in Washington, voiced skepticism about the proposed legislation.

"The bill demeans the concept of community by labeling those ISPs who block content access and spy on their customers as a CCIP," Chester said. "They might as well use the acronym to mean 'Communist-like Control over Information Privacy.'"

Stopping Internet users from publishing or accessing content that can be legally viewed "sets the stage for a government-approved and ideologically correct Internet," he added, going on to raise the specter of ISPs being lured by the government "into becoming junior digital G-men and G-women."

Morley couldn't be reached as of publication time for comment about the proposed legislation.

America Loves Peace? Odd, Since We're Always at War

By David Michael Green

We've been in conflict for about half the period between World War II and the present, but consider ourselves a "peace-loving" nation.

Americans love to think that we're a peaceful people, and that we fight wars only when we must.

Unfortunately, you can count in nanoseconds how long those assertions hold up when exposed to such insidious commie dirty tricks as the application of logic or the examination of empirical history.

Sure, any war can be spun as some necessity against some Very Bad Person, preferably of brown skin, slanted eyes and/or differing deity. Not only can any war be so spun, probably every war there ever was has been, at least since the days when governments had to start offering some justification or another for their little foreign adventures.

But pick your barometer -- any one will work -- and you'll quickly see who the militant folks on the planet really are. For America, it turns out -- gulp -- to be that bloated, frightened meth-addict staring back at us in the mirror, not some overseas evil emperor du jour.

For example, suppose you wanted to measure comparative national warlike tendencies by simply counting wars. Since World War II, the United States has messed around, in ways big and small, in Korea, Vietnam, Laos, Cambodia, Cuba, the Dominican Republic, Afghanistan, Nicaragua, Guatemala, El Salvador, Lebanon, Grenada, Iraq, Panama, Colombia, Somalia, Bosnia, Kosovo, Haiti, Afghanistan again, and Iraq again. No country in the world can begin to match this record in the last half-century. And I'm not even listing here the covert operations (almost everywhere), including the ones that toppled democratically elected governments (Iran, Guatemala, Chile, etc.), the long-term occupations of Latin American countries by the U.S. military, the gunboat diplomacy of the American Navy around the world, the aiding and abetting of other killers (Saddam invading Iran, for example, apartheid South Africa or the Israeli occupation of Palestine), the militarization of the oceans and of space, or the myriad other ways in which the United States leads the planet in aggressive tendencies. (For a whole century's worth of overseas fun -- not even counting the big stuff -- Stephen Kinzer's Overthrow is highly recommended reading.)

Who has China been invading lately? Russia? Fidel? Those perfidious (and perfumed) French? Heck, even Saddam couldn't touch this record for aggression, especially once you account for the fact that the U.S. government assisted his foreign soiree into Iran (complete with the chemical weapons, of course) and likely green-lighted the one into Kuwait as well. And let's even grant that one or two of those American adventures had some measure of altruism associated with them, as perhaps the Balkan or Somalian affairs might have (I'd like to know the full story before making that judgment). Isn't the sheer volume of them -- especially relative to the number of wars other countries have fought -- a bit problematic for maintaining the pretense of America's pacific intent? My conservative (in both senses of the word) list above goes to nearly 20. Isn't that a bit much for a peace-loving country?

But scratch that measure if you must (perhaps it cuts too close to the bone). Maybe we can detect America's dislike for war in another metric, say military spending. Oops. Turns out that's going to be a bit problematic, too. I guess it won't be a huge surprise to anybody that the United States spends more on "defense" than any other country in the world. But here's the truly scary part: The United States not only outspends every other country in the world on military goodies, it outspends ALL other countries of the world. Combined. That's right. Take all 190-plus countries out there and add together their defense budgets and you still won't equal America's alone. What's more, that doesn't even include the $100 billion or so that we're dropping each year in Iraq and Afghanistan, nor the additional costs in veterans' (so-called) care, munitions replacement and economic losses we have been hemorrhaging for those wars, which will continue, for decades to come, estimated to run up toward 2 trillion bucks total. (Oh, and did I mention that one-sixth of our population doesn't have healthcare coverage? Never mind. I'm sure those are completely unrelated facts.) Anyhow, does that sound like a peace-loving country to you? And think about this for a second: How absolutely disastrous does your diplomacy have to get so that you need to be able to fight off every other country of the world, all at once?!

OK, OK, so that one didn't work out so well either. The good news is that at least we don't make the world an uglier place by continually inventing new and more vicious weaponry. Not us peace-loving Americans! You know, like atom bombs, napalm, bunker-busters, cluster bombs, neutron bombs, space lasers, phosphorous bombs and stuff like that! Who would build such things? What kind of depraved mind would harness so much of its scientific and industrial establishment to such ends? Who would … er … um … Hey, wait a minute! What do you mean that we invented and manufactured all those things?!?! I thought we were the peace-loving people! Meanwhile, can I interest you in some depleted uranium at a very, very attractive price?

OK, but we must be good neighbors, really, because we're always the ones who are pushing for all sorts of international treaties to limit war, weapons and the worst practices of nasty governments. You know, for example, how we signed on to the United Nations Charter (which we more or less also wrote) and its requirement that states may use militarized aggression only in the case of self-defense or when authorized by the Security Council to do so in a collective security operation. Hey, sometimes we even comply with it! Or maybe you prefer the treaties against land mines, child soldiers or the weaponization of space, which we're pretty much the only folks not signing? The "quaint" and "obsolete" Geneva Conventions against torture and war crimes? How about the International Criminal Court, which John Bolton led the Bush administration into singlehandedly trying to destroy? Hmmm … Wonder why they would have wanted to get rid of that? Gee, I thought genocide and war crimes were bad things! America is the world leader in supporting human rights and seeking peace. So, remember, if you hear someone tell you that we've been abdicating, avoiding, ignoring and destroying all these (and myriad other) treaties that seek to end or prevent war, it's just the liberal America-hating media elites telling lies again, because they want us to lose our wars. (And why would they want that? That's easy! So some other country can march in, take away their enormously profitable media franchises, steal their mansions and yachts, and then hang them for treason and pillaging, of course. Who wouldn't trade their current set-up for that? Trust me, these guys know a good thing when they see it.)

Alright, alright, so it turns out that none of these measures of warlike tendencies turned out so very well. American is winning these contests about as often as is Hillary Clinton on the campaign trail. And with about as much grace, too. But at least the rest of the world thinks of us as nice, peaceful neighbors, right? Well, actually, they sometimes do! Just not now. And just not when we're, uh, engaged in most of our wars, which has been about half the time between World War II and the present. Vietnam wasn't exactly appreciated out there in the global community, and that opinion hasn't changed a whole lot, even after we've established a lovely little trading relationship with that same communist country that we once argued would be so dangerous if it went … er, well, communist. You know, like China! That's why we don't trade with them now, or -- perish the thought -- make ourselves vulnerable by allowing them to finance our national binge borrowing. No sense aiding and abetting the enemy, eh?

Sorry -- I digress. Despite ourselves, America is in fact sometimes admired in world opinion. But not when we play our war games. They can't stand America's duplicity, hypocrisy and arrogance when it comes to so many aspects of international diplomacy, including the aforementioned treaties we've avoided when we're not trying to destroy them. Yet nothing has so inflamed world opinion as the gross transgression against international law and human morality that is Iraq. International polls show that even our allies believe that "the United States contributes the most to world instability along with Afghanistan, Iran, Iraq and North Korea," and that the U.S. presence in Iraq is considered a greater threat to peace than Iran going nuclear. America's standing in world opinion isn't the only measure of how comparatively warlike we are, but it certainly is a valid one. When everybody else in the neighborhood hates you, or hates something you do, it's a moment for a little reflection and introspection, isn't it? Unless, of course, you're just an asshole. Then, why bother?

I don't want to give the wrong impression. Much as I'd like to be, I'm not a pacifist, because I realize that there are genuinely bad actors out there who can't be tamed by a Dick Cheney charm offensive, or beaten into submission by a Condoleeza Rice piano sonata. I'm glad the U.S. military was there to stomp Hitler. Maybe even Korea, Bosnia and Kosovo could be justified as a response to aggression, though here it gets murkier. But Vietnam? No way. Today's Iraq war? Utterly shameful. The Mexican War? Spanish-American War? Cuba? Nicaragua? Guatemala? Grenada? Be serious. Way too often America's pacific intentions are harder to find than the elusive Higgs Boson particle. Probably you'd need a massive supercollider and a bunch of expensive detection equipment to do it, too.

And god knows I'm not blaming the troops for this. Indeed, too often they're the second victims (the truth being the first) of policymakers like Lyndon Johnson, George W. Bush and Hillary Clinton, for whom war is a game and people are pawns. When Bush says things like "This generation is rising to the challenge. We're looking at history, we understand our values, and we're laying that foundation of peace for generations to come," smart countries run like hell. Others just laugh and cut mineral rights deals.

Because of these monsters and the record they've created, Americans have to face an ugly and unfortunate fact. Despite what your sixth-grade civics teacher told you, we're not the white hats of the world. Or at least not often enough. We just like to think we are.

But thinking and being are, alas, two different things, as we found out going into Iraq -- thinking we'd be greeted with chocolates and flowers.

We may get them yet, however. Perhaps they'll be handed to us at the exit ramp, as the next president extricates a sobered United States from the disaster of its latest example of bringing love, American-style, to the world.

20080227

US Corporation privitizes Boliva's rainwater

Atheist vs. Theist

faux news mini-rant

The Truth About Autism: Scientists Reconsider What They Think They Know

By David Wolman



The YouTube clip opens with a woman facing away from the camera, rocking back and forth, flapping her hands awkwardly, and emitting an eerie hum. She then performs strange repetitive behaviors: slapping a piece of paper against a window, running a hand lengthwise over a computer keyboard, twisting the knob of a drawer. She bats a necklace with her hand and nuzzles her face against the pages of a book. And you find yourself thinking: Who's shooting this footage of the handicapped lady, and why do I always get sucked into watching the latest viral video?

But then the words "A Translation" appear on a black screen, and for the next five minutes, 27-year-old Amanda Baggs — who is autistic and doesn't speak — describes in vivid and articulate terms what's going on inside her head as she carries out these seemingly bizarre actions. In a synthesized voice generated by a software application, she explains that touching, tasting, and smelling allow her to have a "constant conversation" with her surroundings. These forms of nonverbal stimuli constitute her "native language," Baggs explains, and are no better or worse than spoken language. Yet her failure to speak is seen as a deficit, she says, while other people's failure to learn her language is seen as natural and acceptable.

And you find yourself thinking: She might have a point.

In My Language

Baggs lives in a public housing project for the elderly and handicapped near downtown Burlington, Vermont. She has short black hair, a pointy nose, and round glasses. She usually wears a T-shirt and baggy pants, and she spends a scary amount of time — day and night — on the Internet: blogging, hanging out in Second Life, and corresponding with her autie and aspie friends. (For the uninitiated, that's autistic and Asperger's.)

On a blustery afternoon, Baggs reclines on a red futon in the apartment of her neighbor (and best friend). She has a gray travel pillow wrapped around her neck, a keyboard resting on her lap, and a DynaVox VMax computer propped against her legs.

Like many people with autism, Baggs doesn't like to look you in the eye and needs help with tasks like preparing a meal and taking a shower. In conversation she'll occasionally grunt or sigh, but she stopped speaking altogether in her early twenties. Instead, she types 120 words a minute, which the DynaVox then translates into a synthesized female voice that sounds like a deadpan British schoolteacher.

The YouTube post, she says, was a political statement, designed to call attention to people's tendency to underestimate autistics. It wasn't her first video post, but this one took off. "When the number of viewers began to climb, I got scared out of my mind," Baggs says. As the hit count neared 100,000, her blog was flooded. At 200,000, scientists were inviting her to visit their labs. By 300,000, the TV people came calling, hearts warmed by the story of a young woman's fiery spirit and the rare glimpse into what has long been regarded as the solitary imprisonment of the autistic mind. "I've said a million times that I'm not trapped in my own world,'" Baggs says. "Yet what do most of these news stories lead with? Saying exactly that."

I tell her that I asked one of the world's leading authorities on autism to check out the video. The expert's opinion: Baggs must have had outside help creating it, perhaps from one of her caregivers. Her inability to talk, coupled with repetitive behaviors, lack of eye contact, and the need for assistance with everyday tasks are telltale signs of severe autism. Among all autistics, 75 percent are expected to score in the mentally retarded range on standard intelligence tests — that's an IQ of 70 or less.

People like Baggs fall at one end of an array of developmental syndromes known as autism spectrum disorders. The spectrum ranges from someone with severe disability and cognitive impairment to the socially awkward eccentric with Asperger's syndrome.

After I explain the scientist's doubts, Baggs grunts, and her mouth forms just a hint of a smirk as she lets loose a salvo on the keyboard. No one helped her shoot the video, edit it, and upload it to YouTube. She used a Sony Cybershot DSC-T1, a digital camera that can record up to 90 seconds of video (she has since upgraded). She then patched the footage together using the editing programs RAD Video Tools, VirtualDub, and DivXLand Media Subtitler. "My care provider wouldn't even know how to work the software," she says.

Baggs is part of an increasingly visible and highly networked community of autistics. Over the past decade, this group has benefited enormously from the Internet as well as innovations like type-to-speech software. Baggs may never have considered herself trapped in her own world, but thanks to technology, she can communicate with the same speed and specificity as someone using spoken language.

Autistics like Baggs are now leading a nascent civil rights movement. "I remember in '99," she says, "seeing a number of gay pride Web sites. I envied how many there were and wished there was something like that for autism. Now there is." The message: We're here. We're weird. Get used to it.

This movement is being fueled by a small but growing cadre of neuropsychological researchers who are taking a fresh look at the nature of autism itself. The condition, they say, shouldn't be thought of as a disease to be eradicated. It may be that the autistic brain is not defective but simply different — an example of the variety of human development. These researchers assert that the focus on finding a cure for autism — the disease model — has kept science from asking fundamental questions about how autistic brains function.

A cornerstone of this new approach — call it the difference model — is that past research about autistic intelligence is flawed, perhaps catastrophically so, because the instruments used to measure intelligence are bogus. "If Amanda Baggs had walked into my clinic five years ago," says Massachusetts General Hospital neuroscientist Thomas Zeffiro, one of the leading proponents of the difference model, "I would have said she was a low-functioning autistic with significant cognitive impairment. And I would have been totally wrong."

Seventy years ago, a Baltimore psychiatrist named Leo Kanner began recording observations about children in his clinic who exhibited "fascinating peculiarities." Just as Kanner's landmark paper was about to be published, a pediatrician in Vienna named Hans Asperger was putting the finishing touches on a report about a similar patient population. Both men, independently, used the same word to describe and define the condition: autist, or autism, from the Greek autos, meaning self.

The children had very real deficits, especially when it came to the "failure to be integrated in a social group" (Asperger) or the inborn inability to form "affective contact" with other people (Kanner). The two doctors' other observations about language impairment, repetitive behaviors, and the desire for sameness still form much of the basis of autism diagnoses in the 21st century.

On the matter of autistic intelligence, Kanner spoke of an array of mental skills, "islets of ability" — vocabulary, memory, and problem-solving that "bespeak good intelligence." Asperger, too, was struck by "a particular originality of thought and experience." Yet over the years, those islets attracted scientific interest only when they were amazing — savant-level capabilities in areas such as music, mathematics, and drawing. For the millions of people with autism who weren't savants, the general view was that their condition was tragic, their brainpower lacking.

The test typically used to substantiate this view relies heavily on language, social interaction, and cultural knowledge — areas that autistic people, by definition, find difficult. About six years ago, Meredyth Goldberg Edelson, a professor of psychology at Willamette University in Oregon, reviewed 215 articles published over the past 71 years, all making or referring to this link between autism and mental retardation. She found that most of the papers (74 percent) lacked their own research data to back up the assumption. Thirty-nine percent of the articles weren't based on any data, and even the more rigorous studies often used questionable measures of intelligence. "Are the majority of autistics mentally retarded?" Goldberg Edelson asks. "Personally, I don't think they are, but we don't have the data to answer that."

Mike Merzenich, a professor of neuroscience at UC San Francisco, says the notion that 75 percent of autistic people are mentally retarded is "incredibly wrong and destructive." He has worked with a number of autistic children, many of whom are nonverbal and would have been plunked into the low-functioning category. "We label them as retarded because they can't express what they know," and then, as they grow older, we accept that they "can't do much beyond sit in the back of a warehouse somewhere and stuff letters in envelopes."

The irony is that this dearth of data persists even as autism receives an avalanche of attention. Organizations such as Autism Speaks advocate for research and resources. Celebrity parents like Toni Braxton, Ed Asner, and Jenny McCarthy get high-profile coverage on talk shows and TV news magazines. Newsweeklies raise fears of an autism epidemic. But is there an epidemic? There's certainly the perception of one. According to the Centers for Disease Control, one out of every 150 8-year-old children (in the areas of the US most recently studied) has an autism spectrum disorder, a prevalence much higher than in decades past, when the rate was thought to be in the range of four or five cases per 10,000 children. But no one knows whether this apparent explosion of cases is due to an actual rise in autism, changing diagnostic criteria, inconsistent survey techniques, or some combination of the three.

In his original paper in 1943, Kanner wrote that while many of the children he examined "were at one time or another looked upon as feebleminded, they are all unquestionably endowed with good cognitive potentialities." Sixty-five years later, though, little is known about those potentialities. As one researcher told me, "There's no money in the field for looking at differences" in the autistic brain. "But if you talk about trying to fix a problem — then the funding comes."

On the outskirts of Montreal sits a brick monolith, the Hôpital Rivière-des-Prairies. Once one of Canada's most notorious asylums, it now has a small number of resident psychiatric patients, but most of the space has been converted into clinics and research facilities.

One of the leading researchers here is Laurent Mottron, 55, a psychiatrist specializing in autism. Mottron, who grew up in postwar France, had a tough childhood. His family had a history of schizophrenia and Tourette syndrome, and he probably has what today would be diagnosed as attention deficit and hyperactivity disorder. Naturally, he went into psychiatry. By the early '80s, Mottron was doing clinical work at a school in Tours that catered to children with sensory impairment, including autism. "The view then," Mottron says, "was that these children could be reeled back to normalcy with play therapy and work on the parents' relationships" — a gentle way of saying that the parents, especially the mother, were to blame. (The theory that emotionally distant "refrigerator mothers" caused autism had by then been rejected in the US, but in France and many other countries, the view lingered.)

After only a few weeks on the job, Mottron decided the theories were crap. "These children were just of another kind," he says. "You couldn't turn someone autistic or make someone not autistic. It was hardwired." In 1986, Mottron began working with an autistic man who would later become known in the scientific literature as "E.C." A draftsman who specialized in mechanical drawings, E.C. had incredible savant skills in 3-D drawing. He could rotate objects in his mind and make technical drawings without the need for a single revision. After two years of working with E.C., Mottron made his second breakthrough — not about autistics this time but about the rest of us: People with standard-issue brains — so-called neurotypicals — don't have the perceptual abilities to do what E.C. could do. "It's just inconsistent with how our brains work," Mottron says.

From that day forward, he decided to challenge the disease model underlying most autism research. "I wanted to go as far as I could to show that their perception — their brains — are totally different." Not damaged. Not dysfunctional. Just different.

By the mid-1990s, Mottron was a faculty member at the University of Montreal, where he began publishing papers on "atypicalities of perception" in autistic subjects. When performing certain mental tasks — especially when tapping visual, spatial, and auditory functions — autistics have shown superior performance compared with neurotypicals. Call it the upside of autism. Dozens of studies — Mottron's and others — have demonstrated that people with autism spectrum disorder have a number of strengths: a higher prevalence of perfect pitch, enhanced ability with 3-D drawing and pattern recognition, more accurate graphic recall, and various superior memory skills.

Yet most scientists who come across these skills classify them as "anomalous peaks of ability," set them aside, and return to the questions that drive most research: What's wrong with the autistic brain? Can we find the genes responsible so that we can someday cure it? Is there a unifying theory of autism? With severe autistics, cognitive strengths are even more apt to be overlooked because these individuals have such obvious deficits and are so hard to test. People like Baggs don't speak, others may run out of the room, and still others might not be able to hold a pencil. And besides, if 75 percent of them are mentally retarded, well, why bother?

Mottron draws a parallel with homosexuality. Until 1974, psychiatry's bible, the Diagnostic and Statistical Manual of Mental Disorders, described being gay as a mental illness. Someday, Mottron says, we'll look back on today's ideas about autism with the same sense of shame that we now feel when talking about psychology's pre-1974 views on sexuality. "We want to break the idea that autism should definitely be suppressed," he says.

Michelle Dawson, right, is autistic. She's also a researcher in the lab of Laurent Mottron (left), a psychiatrist who specializes in autism.

Michelle Dawson doesn't drive or cook. Public transit overwhelms her, and face-to-face interaction is an ordeal. She was employed as a postal worker in 1998 when she "came out of the closet" with her diagnosis of autism, which she received in the early '90s. After that, she claims, Canada Post harassed her to such a degree that she was forced to take a permanent leave of absence, starting in 2002. (Canada Post says Dawson was treated fairly.) To fight back, she went on an information-devouring rampage. "There's such a variety of human behavior. Why is my kind wrong?" she asks. She eventually began scouring the libraries of McGill University in Montreal to delve into the autism literature. She searched out journal articles using the online catalog and sat on the floor reading studies among the stacks.

Dawson, like Baggs, has become a reluctant spokesperson for this new view of autism. Both are prolific bloggers and correspond constantly with scientists, parents' groups, medical institutions, the courts, journalists, and anyone else who'll listen to their stories of how autistics are mistreated. Baggs has been using YouTube to make her point; Dawson's weapon is science.

In 2001, Dawson contacted Mottron, figuring that his clinic might help improve the quality of her life. Mottron tried to give her some advice on navigating the neurotypical world, but his tips on how to handle banking, shopping, and buses didn't help. After meeting with her a few times, Mottron began to suspect that what Dawson really needed was a sense of purpose. In 2003, he handed her one of his in-progress journal articles and asked her to copy-edit the grammar. So Dawson started reading. "I criticized his science almost immediately," she says.

Encouraged by Dawson's interest, Mottron sent her other papers. She responded with written critiques of his work. Then one day in early 2003, she called with a question. "I asked: How did they control for attention in that fMRI face study?' That caught his attention." Dawson had flagged an error that Mottron says most postdocs would have missed. He was impressed, and over the next few months he sought Dawson's input on other technical questions. Eventually, he invited her to collaborate with his research group, despite the fact that her only academic credential was a high school diploma.

Dawson has an incredible memory, but she's not a savant. What makes her unique, Mottron says, is her gift for scientific analysis — the way she can sniff through methodologies and statistical manipulation, hunting down tiny errors and weak links in logic.

Last summer, the peer-reviewed journal Psychological Science published a study titled "The Level and Nature of Autistic Intelligence." The lead author was Michelle Dawson. The paper argues that autistic smarts have been underestimated because the tools for assessing intelligence depend on techniques ill-suited to autistics. The researchers administered two different intelligence tests to 51 children and adults diagnosed with autism and to 43 non-autistic children and adults.

The first test, known as the Wechsler Intelligence Scale, has helped solidify the notion of peaks of ability amid otherwise pervasive mental retardation among autistics. The other test is Raven's Progressive Matrices, which requires neither a race against the clock nor a proctor breathing down your neck. The Raven is considered as reliable as the Wechsler, but the Wechsler is far more commonly used. Perhaps that's because it requires less effort for the average test taker. Raven measures abstract reasoning — "effortful" operations like spotting patterns or solving geometric puzzles. In contrast, much of the Wechsler assesses crystallized skills like acquired vocabulary, making correct change, or knowing that milk goes in the fridge and cereal in the cupboard — learned information that most people intuit or recall almost automatically.

What the researchers found was that while non-autistic subjects scored just about the same — a little above average — on both tests, the autistic group scored much better on the Raven. Two individuals' scores swung from the mentally retarded range to the 94th percentile. More significantly, the subset of autistic children in the study scored roughly 30 percentile points higher on the Raven than they did on the more language-dependent Wechsler, pulling all but a couple of them out of the range for mental retardation.

A number of scientists shrugged off the results — of course autistics would do better on nonverbal tests. But Dawson and her coauthors saw something more. The "peaks of ability" on the Wechsler correlated strongly with the average scores on the Raven. The finding suggests the Wechsler scores give only a glimpse of the autistics' intelligence, whereas the Raven — the gold standard of fluid intelligence testing — reveals the true, or at least truer, level of general intelligence.

Yet to a remarkable degree, scientists conducting cognitive evaluations continue to use tests which presume that people who can't communicate the answer don't know the answer. The question is: Why? Greg Allen, an assistant professor of psychiatry at University of Texas Southwestern Medical Center, says that although most researchers know the Wechsler doesn't provide a good assessment of people with autism, there's pressure to use the test anyway. "Say you're submitting a grant to study autistic people by comparing them to a control group," he says. "The first question that comes up is: Did you control for IQ? Matching people on IQ is meant to clean up the methodology, but I think it can also end up damaging the study."

And that hurts autistic people, Dawson says. She makes a comparison with blindness. Of course blind people have a disability and need special accommodation. But you wouldn't give a blind person a test heavily dependent on vision and interpret their poor score as an accurate measure of intelligence. Mottron is unequivocal: Because of recent research, especially the Raven paper, it's clearer than ever that so-called low-functioning people like Amanda Baggs are more intelligent than once presumed.The Dawson paper was hardly conclusive, but it generated buzz among scientists and the media. Mottron's team is now collaborating with Massachusetts General Hospital's Zeffiro, a neuroimaging expert, to dig deeper. Zeffiro and company are looking for variable types of mental processing without asking, what's wrong with this brain? Their first study compares fMRI results from autistic and control subjects whose brains were imaged while they performed the Raven test. The group is currently crunching numbers for publication, and the study looks both perplexing and promising.

Surprisingly, they didn't find any variability in which parts of the brain lit up when subjects performed the tasks. "We thought we'd see different patterns of activation," Zeffiro says, "but it looks like the similarities outweigh the dissimilarities." When they examined participants' Raven scores together with response times, however, they noticed something odd. The two groups had the same error rates, but as an aggregate, the autistics completed the tasks 40 percent faster than the non-autistics. "They spent less time coming up with the same number of right answers. The only explanation we can see right now," Zeffiro says, is that autistic brains working on this set of tasks "seem to be engaged at a higher level of efficiency." That may have to do with greater connectivity within an area or areas of the brain. He and other researchers are already exploring this hypothesis using diffusion tensor imaging, which measures the density of brain wiring.

But critics of the difference model reject the whole idea that autism is merely another example of neuro-diversity. After all, being able to plan your meals for the week or ask for directions bespeak important forms of intelligence. "If you pretend the areas that are troubled aren't there, you miss important aspects of the person," says Fred Volkmar, director of Yale's Child Study Center.

In the vast majority of journal articles, autism is referred to as a disorder, and the majority of neuro-psychiatric experts will tell you that the description fits — something is wrong with the autistic brain. UCSF's Merzenich, who agrees that conventional intelligence-testing tools are misleading, still doesn't think the difference model makes sense. Many autistics are probably smarter than we think, he says. But there's little question that more severe autism is characterized by what Merzenich terms "grossly abnormal" brain development that can lead to a "catastrophic end state." Denying this reality, he says, is misguided. Yale's Volkmar likens it to telling a physically disabled person: "You don't need a wheelchair. Walk!"

Meanwhile parents, educators, and autism advocates worry that focusing on the latent abilities and intelligence of autistic people may eventually lead to cuts in funding both for research into a cure and services provided by government. As one mother of an autistic boy told me, "There's no question that my son needs treatment and a cure."

Back in Burlington, Baggs is cueing up another YouTube clip. She angles her computer screen so I can see it. Set to the soundtrack of Queen's "Under Pressure," it's a montage of close-up videos showing behaviors like pen clicking, thumb twiddling, and finger tapping. The message: Why are some stress-related behaviors socially permissible, while others — like the rocking bodies and flapping arms commonly associated with autism — are not? Hit count for the video at last check: 80,000 and climbing.

Should autism be treated? Yes, says Baggs, it should be treated with respect. "People aren't interested in us functioning with the brains we have," she says, because autism is considered to be outside the range of normal variability. "I don't fit the stereotype of autism. But who does?" she asks, hammering especially hard on the keyboard. "The definition of autism is so fluid and changing every few years." What's exciting, she says, is that Mottron and other scientists have "found universal strengths where others usually look for universal deficits." Neuro-cognitive science, she says, is finally catching up to what she and many other adults with autism have been saying all along.

Baggs is working on some new videos. One project is tentatively titled "Am I a Person Yet?" She'll explore communication, empathy, self-reflection — core elements of the human experience that have at times been used to define personhood itself. And at various points during the clip, she'll ask: "Am I a person yet?" It's a provocative idea, and you might find yourself thinking: She has a point.

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It's Time for the UN to Make Water a Human Right

By Maude Barlow

All over the world, groups who are fighting for local water rights are championing an international instrument on the right to water. Due to over-development and climate change, fresh water is becoming increasingly scarce. In addition, in many communities across the globe, people cannot get access to whatever clean water does exist without paying private corporations. The global water crisis is evident. We need a global solution in form of a United Nation Covenant on water.

For the past 15 years, the World Bank and the other regional development banks have promoted a private model of water development in the global South. This model has proven to be a failure. High water rates, cut-offs to the poor, reduced services, broken promises and pollution have been the legacy of privatization.

At the March 2006 4th World Water Forum in Mexico City, the UN cited the failure of privatization and called for governments to re-enter the water services arena. Calls for a UN Covenant to re-assert the crucial role of government in supplying water to the poor increased dramatically at the Forum and new impetus was given to this campaign.

Why a UN Covenant?

The fact that water is not now an acknowledged human right has allowed decision-making over water policy to shift from the UN and governments toward institutions and organizations that favour the private water companies and the commodification of water. These institutions include the World Bank and other regional development banks, the World Water Council, the Global Water Partnership and the World Trade Organization.

Not only have these institutions vigorously promoted the interests of the private water companies in the global South, they have ceded much political control over water policy to them. Many nations-state governments have gone along with this trend, allowing creeping privatization with little or no government oversight or pubic debate.

Behind the call for a binding instrument are questions of principle that must be decided soon as the world's water sources become more depleted and fought over:

  • Is access to water a human right or just a need?
  • Is water a common good like air or a commodity like Coca Cola?
  • Who is being given the right or the power to turn the tap on or off -- the people? Governments? Or the invisible hand of the market?
  • Who sets the price for a poor district in Manila or La Paz -- the locally elected water board or the CEO of Suez?

What is the Practical Use of a Covenant?

Would a Covenant on water solve the world's water crisis? Of course not. Almost two billion people now live in water stressed parts of the world and the situation is getting worse, not better. But it would set the framework of water as a social and cultural asset, not an economic commodity. As well, it would establish the indispensable legal groundwork for a just system of distribution.

A Covenant on the right to water would serve as a common, coherent body of rules for all nations and clarify that it is the role of the state to provide clean, affordable water to all of its citizens. Such a Covenant would also safeguard already accepted human rights and environmental principles.

It would also set principles and priorities for water use in a world destroying its water heritage. The Covenant I envisage would include language to protect water rights for the earth and other species and would address the urgent need for reclamation of polluted waters and an end to practices destructive of the world's water sources.

At a practical level, a right to water Covenant gives citizens a tool to hold their governments accountable in their domestic courts and the "court" of public opinion, as well as seeking international redress.

A Covenant could also include specific principles to ensure civil society involvement for conversion into national law and nation action plans. This would give citizens an additional constitutional tool in their fight for water.

Why should activists in the United States care?

No country needs to be held more accountable to this crisis than the United States. Many of the companies privatizing water are based in the United States and the United States is among the chief backers of the privatization strategy through the World Bank and other mechanisms. If we are to stop this crisis, the United States government must become part of the solution, not the problem.

In addition, water privatization is encroaching in U.S. communities, being fought back at every turn by citizens insisting that water is a basic right and should be free for everyone. A UN Covenant will help advance these struggles in the U.S. as well.

More broadly, it is essential that American activists push for greater recognition of international law and treaties in the United States. In the long run, this will not only help advance causes in the United States where the international community is leading and domestic lawmakers are lagging behind, but it will also help shift the political center of gravity away from the U.S. alone. U.S. policies should not be dictating the world's fate. We need robust international standards and communities of action so that the world's diverse peoples may, together, identify key problems and enact viable solutions.

Support among civil society groups around the world is growing rapidly and we are collecting the names of these groups for reference in the near future. For instance, a right to water convention has been adopted by Red Vida, the network of grassroots groups fighting for water justice all through the Americas. To become involved please go to the Blue Plant Project at the Coucnil of Canadian's Web site.

The right to water is an idea whose time has come. Let us make sure no future generation ever again has to suffer from the horrors of living without clean water.

Is Ricky Really a Sex Offender?

California’s registry for life may soon include promiscuous kids

By Hanna Ingber Win

When Ricky was 16, he went to a teen club and met a girl named Amanda, who said she was the same age. They hit it off and were eventually having sex. At the time Ricky thought it was a pretty normal high school romance.

Two years later, Ricky is a registered sex offender, and his life is destroyed.

Amanda turned out to be 13. Ricky was arrested, tried as an adult, and pleaded guilty to the charge of lascivious acts with a child, which is a class D felony in Iowa. It is not disputed that the sex was consensual, but intercourse with a 13-year-old is illegal in Iowa.

Ricky was sentenced to two years probation and 10 years on the Iowa online sex offender registry. Ricky and his family have since moved to Oklahoma, where he will remain on the state’s public registry for life.

Being labeled a sex offender has completely changed Ricky’s life, leading him to be kicked out of high school, thrown out of parks, taunted by neighbors, harassed by strangers, and unable to live within 2,000 feet of a school, day-care center or park. He is prohibited from going to the movies or mall with friends because it would require crossing state borders, which he cannot do without permission from his probation officer. One of Ricky’s neighbors called the cops on him, yelled and cursed at him, and videotaped him every time he stepped outside, Ricky said.

“It affects you in every way,” he said. “You’re scared to go out places. You’re on the Internet, so everybody sees your picture.”

His mother, Mary, said the entire family has felt the ramifications of Ricky being labeled a sex offender. His younger brother has been ridiculed at school and cannot have friends over to the house; his stepfather has been harassed; the parents’ marriage has been under tremendous pressure; and strangers used to show up at their door to badger the family. One neighbor came to the house and told Mary he wasn’t going to leave them alone until they took their “child rapist” away, so they moved, she said.

California is currently deciding if it will comply with a federal sex offender act that would put adolescent sex offenders as young as 14 on a national public registry, like the one Ricky is on in Oklahoma. Supporters say the act would improve public safety, but critics argue it would stigmatize thousands of teenagers. The law, called the Adam Walsh Child Protection and Safety Act of 2006, would require states to submit information on youth deemed delinquent in juvenile court of aggravated sexual abuse to the registry.

Juveniles affected by the act would range from those who used force or drugs to rape another person, to those who have had any sexual contact with a child under the age of 12. If a 14-year-old touches an 11-year-old’s penis, the 14-year-old would be eligible for the public registry.

Human rights advocates and even some prominent sex crime prevention groups warn this is one more act in a long list of sex-offender laws across the country that appeals to voters but is ineffective and counterproductive. They argue that almost all sex offender laws in the United States fail to solve the problem of sex crimes because they drive people underground, block paths to treatment and focus on a high-profile case, like that of 6-year-old Adam Walsh, who was abducted from a Florida department store and killed in 1981, and miss the fuller picture of sexual violence.

A few heinous, high-profile sex crimes capture the media’s attention, and the result is more Draconian sex-offender laws, such as Megan’s Law and Jessica’s Law, said Sarah Tofte of Human Rights Watch, which recently released a report on sex-offender laws called “No Easy Answers: Sex Offender Laws in the U.S.”

“We have created these laws and we apply them to anyone convicted of a sex crime regardless of their risk to the community,” Tofte said.

Megan’s Law requires public registration for adult sex offenders. If Jessica’s Law,

approved by voters in 2006, overcomes challenges in court, it would prohibit adult registered sex offenders from living 2,000 feet within a school or park and require those paroled from prison to wear lifetime GPS monitors. Unlike the Adam Walsh Act, Megan’s Law and Jessica’s Law generally do not affect registered juveniles, according to California Deputy Attorney General Janet Neeley.

While the media focuses on the stories of the child being raped and killed by a stranger, the Human Rights Watch report states that 80-90 percent of the offenses against children are committed by someone the victim knows.

If California complies with the Adam Walsh Act, the law would be retroactive, and the offenders would be listed on the registry for life. They would be classified as Tier III offenders and forced to register with law enforcement authorities every three months, or risk being charged with a felony and going to prison for at least one year.

The act, sponsored by Wisconsin Republican Congressman F. James Sensenbrenner, Jr. and 37 co-sponsors – including former Florida representative Mark Foley – was signed into law by President Bush on July 27, 2006, and gives states three years to comply or risk losing 10 percent of federal Byrne money, which are law enforcement grants worth $5 million in California. The Department of Justice is formulating the final guidelines.

Congressional co-sponsors of the law and crime-victim advocates have hailed the bill as an opportunity to improve community safety by increasing penalties for sex crimes, better tracking of sex offenders, and making it harder for predators to reach children on the Internet.

“The Adam Walsh Act intends to register convicted sexual offenders, 14 and older, who have committed the most violent sexual abuses,” said California Congressman Ken Calvert, a Republican from Riverside, in an e-mail. “If a juvenile has committed such a crime, the safety of our community and children supersedes the rights of the juvenile who, at the age of 14, understands the difference between right and wrong.”

A father pleas for harsh penalties

Child-protection advocates argue that it is more important to hold juvenile sex offenders responsible for their actions than to worry about them being stigmatized by the registry or punished too harshly.

“We have to put the safety of our kids before the civil rights of someone who’s already proven they will hurt a kid,” said Mark Zyla, who became an activist for tougher sex offender laws after his two daughters were sexually assaulted in separate instances. “Being on the registry doesn’t keep people from rehabilitating; it doesn’t keep them from getting a job. It may be more difficult, but that’s part of the consequence of hurting a young child.”

Zyla’s daughter Amie was violently sexually assaulted by a 14-year-old, Joshua Wade, when she was eight. Wade was a family friend and attacked Amie, who is now 20, during a sleepover party at her house, Mark Zyla said. Wade was tried as a juvenile and sent to a juvenile detention center. But because his record was sealed, he was able to later get a job at a summer camp, where he went on to assault more young girls. He has since been sentenced to 25 years in prison.

The Zylas helped pass a law in their home state of Wisconsin to enable law enforcement officials to release information on juvenile sex offenders if they pose a threat to society. They then lobbied Congress to pass the federal Adam Walsh Act. If states comply with the Adam Walsh Act, Mark Zyla said, local law-enforcement agencies would know about juvenile sex offenders like Wade and be able to inform schools and places of employment.

Los Angeles Police Department detectives said registries significantly help them track down sex offenders. If they have an unsolved sex crime, they can take the description of the suspect, plug it into the database and look for a match, said Detective Diane Webb, a supervisor of LAPD’s sex-offender registration and tracking program.

The DNA and registration databases enable detectives to clear old cases and find patterns of crime, said Detective Jesse Alvarado of LAPD’s rape special section.

The registries also help inform the public, Webb said.

“Not only does registration give law enforcement a first place to look, it also provides information to the public,” she said. She added that people should be allowed to know if sex offenders live in their community so they can, at the very least, decide if they want to date them or have them baby-sit their children.

The detectives disagree on whether the registry should include juveniles, who commit 17 percent of all sex offenses and about a third of all sex offenses against children, according to the National Center on Sexual Behavior of Youth. Alvarado said he thinks it would be helpful to have a database like the Adam Walsh one for juvenile offenders. “Giving us an ability to look for somebody would always be a good thing,” Alvarado said.

Webb said she agreed with juvenile justice experts that juveniles should be treated differently from adults.

One of the reasons the law came into effect was because of the more than 100,000 missing or non-compliant sex offenders. They are part of the 603,000 registered sex offenders nationwide, according to the National Center for Missing and Exploited Children.

“When they’re on the run and they’re not compliant, they become more dangerous,” Mark Zyla said. “They’re not getting their treatment and they’re free to do whatever they want.”

Supporters also said juveniles would not be stigmatized for life because a section of the law stipulates that youth deemed delinquent in juvenile court can get off the registry after 25 years if they are not convicted of another sex crime and have successfully completed a sex offender treatment program.

However, juvenile justice advocates, public defenders and prominent sex crime prevention groups have criticized the law, arguing that it would make it harder for youth to reintegrate into society, further break from the tradition of treating children differently from adults, be ineffective, and cost the state millions.

“Imagine writing down the worst thing you ever did when you were a teenager, or an adult, and being forced to put that on a placard on your forehead. This is, in effect, what registration does to these youth,” L.A. County Deputy Public Defender Maureen Pacheco wrote in an e-mail.

“They must disclose these offenses when they apply for school, when they apply for jobs, if they want to get licensed or bonded,” she wrote. “In other words, in all the ways a youth might seek to become rehabilitated, we shut the door.”

The case for leniency

Juvenile justice advocates said they fear the Adam Walsh Act would make it harder to rehabilitate young sex offenders because it would ostracize them from society. There is no direct research showing the psycho-social effects of registering on youth, say experts.

“But common sense would tell you that having your name, picture, and home address on the Internet as a sex offender at age 8, 12, or even 14 could be devastating in terms of peer relationships, community [relations], ability to stay in school, and involvement in church activities,” said Dr. Barbara Bonner, an expert on sex offenses and co-director of the Adolescent Sex Offender Treatment Program at the University of Oklahoma Health Sciences Center.

The law is counterproductive because young people are more likely to be rehabilitated and successful in the future if they get involved with social activities like sports, bands, choir, or a job, she said.

Juvenile justice advocates also criticize the law for treating and punishing youth as adults rather than focusing on rehabilitation. The basic concept of the juvenile justice system is to treat young people differently from adult offenders because they are considered less responsible for their actions and more receptive to rehabilitation and treatment.

Almost every state ensures that if a child is adjudicated or deemed delinquent – juvenile court does not convict youth – he or she does not have to submit information to a public registry, according to Tara Andrews of the Coalition for Juvenile Justice, a national nonprofit comprised of governor-appointed advisory groups. Andrews said she finds the Adam Walsh Act most troublesome because it “reaches out and grabs kids who were adjudicated as juveniles. The Adam Walsh Act sweeps in and says we still want these kids on the registry.”

Critics also fear it will cost millions of dollars to follow and would not be worth the money the state might lose for not complying. If the federal Attorney General’s office finds that California has not made a “good faith conduct” to comply with the Adam Walsh Act, the Attorney General can reduce the federal Byrne funds allocated to that jurisdiction for law enforcement resources.

“We think the cost of compliance might greatly outweigh the benefits of losing 10 percent of the Byrne funds,” said Pacheco.

Critics fear the massive costs will include applying this law to a state as populated as California, complying with the federal classification system and DNA collection.

It costs more to enact a federal act than individual state laws because a federal law does not take into consideration a state’s specific needs and resources, said Robert Coombs of the California Coalition Against Sexual Assault, a statewide coalition of rape crisis centers and prevention programs.

It would also be costly because the categories the federal government uses to distinguish between different levels of sex crimes do not match the ones California uses. The federal act assigns sex offenders to a numbered level, while California uses other distinctions, such as “sexually violent predator.” To comply, California would have to either run two concurrent leveling systems or completely revamp its present system, Coombs said.

Another cost would be gathering the DNA samples of individuals affected by the Adam Walsh Act. Adults and juveniles convicted of any felony or sex offense already have their DNA collected, but the cost for testing DNA samples has exceeded expectations. The Los Angeles Police Department needs $9.3 million to clear up a backlog of untested samples. Since the Adam Walsh Act is retroactive, it would require collection and analysis of DNA samples from adults and juveniles convicted before the DNA regulations, which did not start until 2004.

Supporters of the law argue the high cost of putting the act into effect is worth the safety of the community.

“There just is no higher purpose for government than keeping the public safe,” said Will Smith, State Senator George Runner’s spokesperson. The Antelope Valley Republican sponsored Jessica’s Law.

Recidivism rates fail to prove the law effective or counterproductive, and both advocates and critics of the law use the statistics to support their arguments. Data from the Justice Department shows that 5.3 percent of male sex offenders released from prisons in 15 states in 1994 were rearrested for a new sex crime within three years of release. Juvenile justice advocates, on the other hand, look at recidivism rates among teenagers, which show that the rates of sexual re-offense are substantially lower, at 5 to 18 percent, than the rates for other delinquent behavior, which is 8 to 58 percent, according to the National Center on Sexual Behavior of Youth.

The California Sex Offender Management Board will evaluate the law and might recommend to the legislature and governor whether it should be complied with, according to board chair Suzanne Brown-McBride. The decision rests with Attorney General Jerry Brown, Gov. Schwarzenegger and the Legislature. California is home to 90,000 registered adult sex offenders and 2,528 registered juvenile sex offenders.

“The state is reviewing the act and evaluating the potential impact it will have on the state,” said Gareth Lacy, a Brown spokesman. “California has a long history of setting tough laws mandating sex-offender registration.”

Runner will be watching the outcome. If California’s current laws do not conform to the federal act, the state senator plans to introduce a bill.

Ricky is now 19 and trying to bring some normalcy back to his life. But that’s practically impossible. In between monthly meetings with his probation officer, he’s been trying to find a job.

However, employers haven’t been eager to hire a registered sex offender. He wants to get a college degree, yet that, too, is problematic. He’s worried his classmates would find him on the registry and start harassing him. “I have to watch my back all of the time,” he said. “Once people find out, they panic. They don’t know the real story.”