20120430

Wrong Guy


The City Council approved a $250,000 settlement Wednesday to a man mistaken by police as a tagger and was hit with a stun gun over and over.
A jury wanted the city to pay for a police officer using excessive force.
Police took down Dan Halsted while he was just innocently walking home. The officer stunned Halsted five times with a Taser in the back because he thought he sprayed some graffiti.
Halsted was tackled by a Portland police officer in the Northeast Portland neighborhood of Sullivan’s Gulch four years ago.
“I was walking home and all of a sudden a flashlight came on in my eyes and I stopped, and I heard a voice say, ‘Get him!’ And I heard footsteps coming at me, so I turned and I ran.”
In the pitch dark, Halsted thought he was being jumped.
“I didn’t know what was going on,” he said. “I was screaming to call the police the whole time, and I didn’t realize this was the police because they never identified themselves at all.”
Police had mistaken Halsted for a tagger who hit a nearby building.
“The arresting officer in his police report, he made up a whole other story and said that I had been running down the street with a couple other people.”
That’s the same thing the officer testified to in court when Halsted sued. In reality Halsted had been with friends at the Rose and Thistle Restaurant and was never charged with any crime.
The unsettling implication lurking beneath this story is that if Halsted had been spraying graffiti, this sort of treatment would have been perfectly appropriate. Also, I love this . . .
During the trial, the city’s attorney tried to use Halsted’s classic kung fu film collection against him, saying it proved he was violent.
Of course, taxpayers will pay the award. And as far as I can tell, Officer Benjamin J. Davidson is still on the police force. (The article above doesn’t mention his name.)

I was surprised to learn that under Oregon law, 60 percent of punitive damages awarded in suits like this go not to the brutality vicitim, but to a fund for crime victims. And another 10 percent goes to . . . a fund for Oregon state courts. Really.

But given that Halsted won in federal court, it isn’t clear to me that Oregon state law would apply to this case. Anyone know?

East London residents warned of surface-to-air missiles sited on their roofs for the Olympics

By Cory Doctorow

Residents of a gated community in east London got Ministry of Defence leaflets through their doors advising them that their roofs might be commandeered for surface-to-air missiles during the London Olympics this summer. The MoD assured them that the missiles on their roof "will only be authorised for active use following specific orders from the highest levels of government in response to a confirmed and extreme security threat". Gosh, the Olympics sure are wonderful.

Journalist Brian Whelan, a resident at the flats, said: "They are going to have a test run next week, putting high velocity missiles on the roof just above our apartment and on the back of it they're stationing police and military in the tower of the building for two months.
"It's a private, gated community... We have an MoD leaflet saying the building is the only suitable place in the area.
"It says there will be 10 officers plus police present 24/7. I'm not sure if they are going to live in the building."
I'm just waiting for some of our local gang-kids to swipe a few of these.

Here's the brochure (PDF).

Charlie Stross points out that a wily terrorist who buzzes east London with an RC airplane and triggers a launch would succeed in tricking the MoD into showering a crowded residential area with blazing supersonic shrapnel. For bonus points, aim the RC plane to get the missile to shower the white-hot shrapnel over a crowded train station.

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20120427

Senate Bill Would Make Unconstitutional Anti-Stalking Law Even More Unconstitutional

Just a few months ago in United States v. Cassidy, a court smacked down a prosecutor's attempt to use the federal anti-stalking law to punish a man for criticizing a religious leader on Twitter. The court ruled that the criminal charges brought against the critic ran afoul of his constitutional right to free speech. Because the law violated the First Amendment as applied to that specific Twitter user, though, the court chose not to go a step further and decide whether the statute is unconstitutional as written, which EFF had argued in a "friend of the court" brief.

Now the Senate is thinking about passing legislation to update that problematic law. Instead of fixing the statute's shortcomings, however, the bill would guarantee that it's blatantly unconstitutional on its face.

As originally written, the anti-stalking law made it a crime to intentionally put another person in reasonable fear of death or serious injury. But the law was expanded in 2006 through the Violence Against Women Act to criminalize causing "substantial emotional distress" to another person using an "interactive computer service" such as the Internet. The law doesn't even require that the offending speech be directed at a particular person — a tweet, Facebook status update, or blog post that distresses someone else could be enough to send the speaker to prison. As the Cassidy decision makes clear (and as EFF had argued), this language is so vague and overbroad that it could sweep up a great deal of legitimate online criticism squarely protected by the Constitution.

Rather than clarify the statute to solve those problems, the Violence Against Women Reauthorization Act of 2011 would significantly extend the law to punish more speech — and it could go to the Senate floor as early as tomorrow.

First, section 107 of the bill would broaden the anti-stalking law to criminalize conduct that "attempts to cause, or would be reasonably expected to cause" substantial emotional distress to another person. That's a significant expansion that only amplifies the statute's free speech problems.

To make matters worse, section 1003 would amend federal telecommunications law to punish anonymous online speech that "harass[es] any specific person," as well as make it illegal to "repeatedly initiate[] communication with a telecommunications device, during which conversation or communication ensues, solely to harass any specific person." As Professor Eugene Volokh notes, these broad prohibitions would seem to apply even in situations where an online speaker is talking to the general public, rather than communicating directly with the target of the speech.

Anti-stalking laws serve an important purpose: to protect people who are put in legitimate fear for their wellbeing. Unfortunately, the language of the federal anti-stalking law is already dangerously vague and overbroad, and we're disappointed to see lawmakers think about compounding those problems with a proposal that amounts to Internet censorship legislation. (Just a few weeks ago, Arizona's legislature suffered a public backlash for passing a bill with similar flaws.) The Senate should craft a fix that protects victims while respecting free speech, not make an unconstitutional law even more unconstitutional.

How The Expansive Immunity Clauses in CISPA Will Facilitate Abuse of User Privacy

Rep. Rogers is adamant that the Cyber Intelligence Sharing and Protection Act (CISPA) is an information “sharing” bill. But despite the bill’s title and Rep. Rogers' assurances, the bill is also a surveillance bill. Its broad definitions allow private companies to monitor network traffic and stored data—including private email—and transfer such private data to the government or others with virtually no oversight or legal accountability. This lack of oversight and accountability stems from the sweeping immunities provided to companies, which bypass long-standing privacy law.

Copious Content and Communications

Under CISPA, private companies may spy on user communications, whether stored or in transit, and freely pass personal information to the government as long as they claim a vague "cybersecurity" exception. In a press call, Rep. Rogers stated that the bill "does not provide any authority for the government to monitor private networks or read private e‑mail," yet the bill allows private companies to use vaguely defined “cybersecurity systems” to "identify and obtain" information on any relevant cyber threat and then send the communications (without de-identifying the data) to the government. As long as companies act in "good faith" and the collection is for a "cybersecurity purpose"—a purpose as vague as protecting or securing any network from degradation or disruption—there are no limits on what type of information can be intercepted and shared. In short, surveillance would be outsourced to private companies that are not governed by the Fourth Amendment.

The bill also creates expansive legal immunity that makes companies and the government largely unaccountable to users. The bill provides “good faith” immunity for using “cybersecurity systems” to obtain information, for not acting on information that a company learns, and for making any decisions based on the information they learn. If a company learns about a security flaw, fails to fix it, and users' information is misused or stolen, companies cannot be held liable as long as the company acted “in good faith” according to CISPA. Companies “acting in good faith” are also excused from all liability for engaging in potential countermeasures, even if they hurt innocent parties.

What constitutes “good faith” is unclear on the face of CISPA, given its overall vagueness—which is likely to make difficult any attempt at litigating against companies. CISPA grants surveillance power to private entities “[n]otwithstanding any other provision of law,” which may nullify existing rights to sue under laws such as the Wiretap Act, the Stored Communications Act, and the Computer Fraud and Abuse Act. Combined with the bill’s broad “good faith” immunity, this scheme attacks our long-held legal traditions that create checks and balances through independent judicial oversight. If CISPA passes, companies lose any legally based incentive to protect user privacy, such as federal or state privacy laws that stop companies from sharing sensitive personal information like health records and personal financial information.

Government Liability?

Another proposed amendment would allow lawsuits against the federal government if it violates some restrictions on the use of data provided by private entities, but in practice this amendment is meaningless. First, the proposed amendment only permits such a lawsuit if it is brought within two years of the date of the violation—not the date of the discovery of the violation. Yet CISPA exempts all data received by the government from private entities from the Freedom of Information Act, and bars disclosure to any non-federal entity without the consent of the sending entity. Most likely, users won’t find out about violations of their privacy (if ever) for years, and it will be too late given the statute of limitations.

Further, if an individual sues the government, the government could invoke privileges like the state secrets privilege. Litigation involving classified information or the state secrets privilege is difficult, expensive, and time consuming. EFF has been involved for years in a lawsuit claiming Fourth Amendment and statutory violations stemming from the warrantless wiretapping program run by the National Security Agency—a likely recipient of “cyber threat information.” The government's ability to invoke these broad privileges along with the short statute of limitations means weak protections for citizens at best. The immunity exemptions and weak federal liability combine to create a bill that allows for spying on users who are unable to hold companies and the government accountable. It’s important that you tell Congress to stop this bill. Help us beat back this legislation—send an email to Congress and use our Congressional Twitter handle detection tool to tweet at Congress.

Atheism


From top left: Mark Twain, Adam Savage, Jamie Hyneman, Keira Knightley, Stephen Hawking, Bill Maher, John Lennon, Ricky Gervais, Julianne Moore, Keanu Reeves, Bill Shatner, Johnny Depp, Janeane Garofalo, James Cameron, Billy Joel, Jack Nicholson, John Malkovich, Dame Helen Mirren, Sir Richard Branson, Sir Ian McKellan, Albert Einstein, Brad Pitt, Daniel Radcliffe, Jodie Foster, Hugh Laurie, Lance Armstrong, George Carlin, Morgan Freeman, Fred Armisen, Angelina Jolie, Gene Wilder, Penn Jillette, Teller, Dylan Moran, Patton Oswalt, Seth Green, Norm MacDonald, Eddie Izzard, Cillian Murphy, Jeremy Clarkson, and George Clooney.

20120426

Debt Collector Is Faulted for Tough Tactics in Hospitals

Hospital patients waiting in an emergency room or convalescing after surgery are being confronted by an unexpected visitor: a debt collector at bedside.

This and other aggressive tactics by one of the nation’s largest collectors of medical debts, Accretive Health , were revealed on Tuesday by the Minnesota attorney general, raising concerns that such practices have become common at hospitals across the country.

The tactics, like embedding debt collectors as employees in emergency rooms and demanding that patients pay before receiving treatment, were outlined in hundreds of company documents released by the attorney general. And they cast a spotlight on the increasingly desperate strategies among hospitals to recoup payments as their unpaid debts mount.

To patients, the debt collectors may look indistinguishable from hospital employees, may demand they pay outstanding bills and may discourage them from seeking emergency care at all, even using scripts like those in collection boiler rooms, according to the documents and employees interviewed by The New York Times.

In some cases, the company’s workers had access to health information while persuading patients to pay overdue bills, possibly in violation of federal privacy laws, the documents indicate.

The attorney general, Lori Swanson, also said that Accretive employees may have broken the law by not clearly identifying themselves as debt collectors.

Accretive Health has contracts not only with two hospitals cited in Minnesota but also with some of the largest hospital systems in the country, including Henry Ford Health System in Michigan and Intermountain Healthcare in Utah. Company executives declined to comment on Tuesday.

Although Ms. Swanson did not bring action against the company on Tuesday, she said she was in discussions with state and federal regulators about a coordinated response to Accretive Health’s practices across the country. Regulators in Illinois, where Accretive is based, are watching the developments closely, according to Sue Hofer, a spokeswoman with the State Department of Financial and Professional Regulation.

“I have every reason to believe that what they are doing in Minnesota is simply company practice,” Ms. Swanson said in an interview, but declined to provide details.

In January, Ms. Swanson filed a civil suit against Accretive after a laptop with patient information was stolen, saying that the company had violated state and federal debt collection laws and patient privacy protections. That action is still pending.

An Accretive spokeswoman declined to comment on whether other states were looking into its practices and issued a brief statement, “We have a great track record of helping hospitals enhance their quality of care.” In its annual report, the company said it was cooperating with the attorney general to resolve the issues in Minnesota.

As hospitals struggle under a glut of unpaid bills, they are reaching out to companies like Accretive that specialize in collecting medical bills.

Hospitals have long hired outside collection agencies to pursue patients after they have left hospital facilities. But financial pressures are altering the collection landscape so that they are now letting collection firms in the front door, according to Don May, the policy adviser for the American Hospital Association, a trade group.

To achieve promised savings, hospitals turn over the management of their front-line staffing — like patient registration and scheduling — and their back-office collection activities.

Concerns are mounting that the cozy working relationships will undercut patient care and threaten privacy, said Anthony Wright, executive director of Health Access California, a consumer advocacy coalition. “The mission of these companies is in direct opposition to the supposed mission of these hospitals.”

Still, hospitals are in a bind. The more than 5,000 community hospitals in the United States provided $39.3 billion in uncompensated care — predominately unpaid patient debts or charity care — in 2010, up 16 percent from 2007, the hospital association estimated.

Accretive is one of the few companies specializing in hospital debt collection that is publicly traded. Last year, it reported $29.2 million in profit, up 130 percent from a year earlier.

Late last month, Fairview Health Services, a Minnesota hospital group that Accretive provided services to, announced it was canceling its contract with Accretive for back-office debt collection. After Accretive informed investors, its stock plunged 19 percent in a day. On Tuesday, the company’s shares closed at $18.49, down 2.7 percent.

Accretive says that it trains its staff to focus on getting payment through “revenue cycle operations.” Accretive fostered a pressurized collection environment that included mandatory daily meetings at the hospitals in Minnesota, according to employees and the newly released documents. Employees with high collection tallies were rewarded with gift cards. Those who fell behind were threatened with termination.

“We’ve started firing people that aren’t getting with the program,” a member of Accretive’s staff wrote in an e-mail to his bosses in September 2010.

Collection activities extended from obstetrics to the emergency room. In July 2010, an Accretive manager told staff members at Fairview that they should “get cracking on labor and delivery,” since there is a “good chunk to be collected there,” according to company e-mails.

Employees were told to stall patients entering the emergency room until they had agreed to pay a previous balance, according to the documents. Employees in the emergency room, for example, were told to ask incoming patients first for a credit card payment. If that failed, employees were told to say, “If you have your checkbook in your car I will be happy to wait for you,” internal documents show.

Employees at Accretive’s client hospitals ask patients to make “point of service” payments before they receive treatment. Until she went to Fairview for her son Maxx’s ear tube surgery in November, Marcia Newton, a stay-at-home mother in Corcoran, Minn., said she had never been asked to pay for care before receiving it. “They were really aggressive about getting that money upfront,” she said in an interview.

Ms. Newton was shocked to learn that the employees were debt collectors. “You really feel hoodwinked,” she said.

While hospital collections at Fairview increased, patient care suffered, the employees said. “Patients are harassed mercilessly,” a hospital employee told Ms. Swanson.

Patients with outstanding balances were closely tracked by Accretive staff members, who listed them on “stop lists,” internal documents show. In March 2011, doctors at Fairview complained that such strong-arm tactics were discouraging patients from seeking lifesaving treatments, but Accretive officials dismissed the complaints as “country club talk,” the documents show.

Ms. Swanson said that the hounding of patients violated the Emergency Medical Treatment and Active Labor Act, a federal law requiring hospitals to provide emergency health care regardless of citizenship, legal status or ability to pay.

In the January lawsuit, Ms. Swanson said that by giving its collectors access to health records, Accretive violated the Health Insurance Portability and Accountability Act, known as Hipaa (pronounced HIP-ah). For example, an Accretive collection employee had access to records that showed a patient had bipolar disorder, Parkinson’s disease and a host of other conditions.

In addition, she said, the company broke state collections laws by failing to identify themselves as debt collectors when dealing with patients.

Late Tuesday afternoon, Accretive announced it won a contract to provide “revenue cycle operations” for Catholic Health East, which has hospitals in 11 states.

"The Power of Fear in Networked Publics"

Danah Boyd

Introduction

My talk today rests on three foundational claims and one critical question.

Foundational Claims:

  1. We live in a culture of fear.
  2. The attention economy provides fertile ground for the culture of fear.
  3. Social media is amping up the attention economy.
Thus, my question is simple: as technologists and designers invested in developing the future, what hath we wrought?

The goal of my talk today is to explore the role of social media in perpetuating the culture of fear. How do those using social media leverage fear? How is fear spread through social media? When and where can technology combat fear? What are the social costs of that fear?

When it comes to talking about social media, it's easy to get trapped in utopian and dystopian rhetorics. My goal is not to go down one of these rabbit holes, but rather, to critically interrogate our participation in the culture of fear. Many of you are technologists, designers, pundits, and users. How are we contributing to or combating the culture of fear? What are our responsibilities with regard to the culture of fear? What kinds of things can and should we do?

Technology can be a very powerful tool, but it behooves us not to think of it as neutral. One of my favorite maxims about the role of technology in society is called Kranzberg's First Law. He argues that "technology is neither good nor bad - nor is it neutral." Given this, it's irresponsible to assume that the tools we're building just wander out into the world with only positive effects. What we design and how we design it matters. And how our systems are used also matters, even if those uses aren’t what we intended.

I am a geek. And in many ways, this talk is directed at other geeks. As geeky tools have gone mainstream, those of us who are contributing to the production and dissemination of them need to really consider our role in these cultural processes. Technology is no longer just about the geeks. Social media is no longer just about the geeks. And, regardless of how much we may wish otherwise, our tools are not geek-ifying mainstream values. So while many of us geeks may want to play ostrich and live in our special geek bubble, that’s neither responsible nor practical. It’s time that we understand that our systems have power. And, as a result, our decisions have consequences.

CULTURE OF FEAR

To begin, let's talk about the culture of fear.

The term "the culture of fear" refers to the ways in which fear is employed by marketers, politicians, technology designers [e.g., consider security narratives] and the media to regulate the public. Fear isn't just a product of natural forces. It can be systematically generated to entice, motivate, and suppress people. Those in power have long used fear to control the populous. "Terrorism" - for example - is the systematic use of fear to achieve political goals. The culture of fear is what emerges when fear is used at such a widespread level that it shapes people’s worldviews.

Fear is an important emotion. It's a reasonable psychological reaction to uncertainty and threat. It's a survival mechanism. It's what allows us to assess a risky situation and determine a response. Fear can be learned through experience. Burn yourself and you'll develop a healthy, respectful fear of fire.

Fear can also be enticing. Extreme sports as well as activities like bungee jumping and skydiving allow you to turn fear into endorphins to get a nice high. Overcoming fear is part of the fun.

Yet, fear can also be a tool of control. 9/11 was a traumatic day for many people. In the days that followed, people scrambled to understand what was going on and to get their heads around the potential threat that they faced in their community. This is not the first time that America has felt such confusion and chaos. Read accounts of what happened around the Cuban Missile Crisis and you’ll hear a similar set of fears borne out of uncertainty. But where post-9/11 narratives deviate from the Cuban Missile Crisis concerns how fear was employed by the military-industrial-Congressional complex. In the United States, we’ve been on Orange alert for over a decade now. Fear is used to justify the security theater that we see in our airports. Turn on any news station and your blood will start to boil in short order.

Fear is useful because it makes people pay attention and, as such, follow orders. But part of why it works is that people are terrible at assessing risks and intellectually responding to fear-mongering. Fear works on an emotional response that is not necessarily rational.

Over the years, countless books have been written about people's inability to do reasonable risk assessment. Freakonomics is probably the most well-known of these books, but I’m still a huge fan of Barry Glassner’s The Culture of Fear.

Part of what I love about Barry’s book is that he highlights the role of media in this ecosystem. Let me share one of his stories. After a series of older women go mugged in the 1990s, the news media started reporting on how elderly were at-risk going out onto the streets. The messages that they shared were very scary, highlighting all of the terrible things that could happen to older women. In the months following this news coverage, more elderly died of starvation out of fear of leaving their homes than were ever mugged. This is a moment of where fear, combined with poor risk assessment, results in deadly consequences.

Most of where fear and risk assessment combine are more mundane, but they highlight the hypocrisy in people’s decision-making processes. As a scholar who studies youth culture, parents regularly come up to me and ask what's the #1 thing that they should do to keep their kids safe. They really want to hear something like "don't let them on Facebook" or "don't give them a cell phone." Their idea of what they should fear is all about new technology. No one is prepared for my response: "Don't let them get into a car with you." Invariably, they twist their faces in confusion as I explain that statistically, children are more at-risk in a car than in any other setting they encounter, regardless of who's driving. To a parent, the car "feels" safe because they feel as though they're in control. They feel as though they understand the care. Things like the internet do not feel safe because they feel out of control and that they don't know how these newfangled things operate. Feel is the operative word here; it's all about perception. Fear is not predicated on risk assessment, but the perception of risk.

We fear the things – and people -- that we do not understand far more than the things we do, even if the latter are much more risky. For this reason, it's not surprising that people fear technology. Its newness is confusing and no one's quite certain what to do with the promises it offers. Furthermore, technology allows us to see people who are different than us, the very people we are likely to fear. We fear the unknown. And technology is both an unknown itself and a vehicle to connecting us to greater unknowns.

Our fears are amplified when they intersect with our insecurities and challenge our ability to be in control. Nowhere is this more palpable then when it comes to a parent's desire to protect their child. Much to my frustration, fear is the dominant emotion that drives our society's relationship to young people. We are afraid FOR them. And we are afraid OF them. We're afraid of all of the ways in which our children might be harmed. And we're afraid of all of the things that children might do to disrupt the status quo.

Needless to say, put technology and children into the same sentence and you've got a bucket full of fear. Welcome to my world. Online sexual predators. Bullying. Pornography. File-sharing. Sexting. The intersection of youth and technology can pretty universally be described as MORAL PANIC. Moral panics emerge whenever something new happens that disrupts the social order in a way that makes people anxious and afraid. Every new technology has sparked a moral panic. My favorite historical technology moral panic occurred shortly after the sewing machine was invented. Elders worried that women’s purity would be destroyed if women spent all day rubbing their legs up and down together. New genres of content also trigger moral panics. Children’s consumption of comic books triggered mass hysteria. Social media is both a new technology and a new genre of content. No wonder people are panicking.

Some days, I think that my only purpose in life is to serve as broken record, trying desperately to remind people that "the kids are alright" … “the kids are alright” … “the kids are alright.”

The difficulty with societal level fears is that it's impossible to combat them through data. This tendency is well studied in social psychology, but its existence doesn’t make combating it any easier. Even the most educated of parents find no relief in statistics. Yet, tell a scary story - regardless of how anomalous it is - and you're bound to spin everyone into a frenzy. Why? It's extraordinarily easy to generate fear. And a hell of a lot harder to calm it down.

The fact that people are susceptible to fear-mongering is what makes them vulnerable to manipulation by those who want to generate fear. To look closer at this dynamic, let’s turn for a moment to consider the role of attention.

THE ATTENTION ECONOMY

This brings me to my second claim: The attention economy provides fertile ground for the culture of fear.

In the 1970s, the scholar Herbert Simon argued that "in an information-rich world, the wealth of information means a dearth of something else: a scarcity of whatever it is that information consumes. What information consumes is rather obvious: it consumes the attention of its recipients."

His arguments give rise both to the notion of "information overload" but also to the "attention economy." In the attention economy, people's willingness to distribute their attention to various information stimuli create value for said stimuli. Indeed, the economic importance of advertisements is predicated on the notion that getting people to pay attention to something has value.

News media is tightly entwined with the attention economy. Newspapers try to capture people’s attentions through headlines. TV and radio stations try to entice people to not change the channel. And, indeed, there is a long history of news media leveraging fear to grab attention, often with a reputational cost. Yellow journalism tarnished newspapers' credibility with scary headlines intended to generate sales. The history of radio and television is sullied with propaganda as political ideologues leveraged social psychology to shape the public's opinion.

Now, along comes social media... Needless to say, social media brings with it massive quantities of information - unscripted, unedited, and uncurated. Going online is like swimming in an ocean of information. The very notion of being able to consume everything is laughable, although many people are still struggling to come to terms with "information overload." Some respond by avoiding environments where they’ll be exposed to too much information. Others try to develop complicated tactics to achieve balance. Still others are miserable failing to find a way of dealing with information that is comfortable for them. (Don't worry: there are lots of self-help books out there.)

The amount of information being produced overwhelmingly exceeds the amount of information you can possibly pay attention to. My favorite response to this is what computer scientist Michael Bernstein describes as going “Twitter Zen.” This is the happy state people reach when they let go of control and just embrace the information firehose.

This shift is relatively new which is what causes so much consternation. A few years ago, my brother and I were going through some old stuff at my mother's house when we came across a book that he had purchased in 1994. It was a Yellow Pages for the Internet. We burst out laughing because the very notion that you could capture all webpages in a physical directory is absolutely ridiculous today. And yet, somehow, people still think that they should read all blog posts in their feed readers or all tweets in their Twitter stream. In fact, most of our tools are designed to make us feel guilty when we've left things "unread."

No matter how we feel about the massive amounts of information, one thing's clear: the amount of information is not going to decline any time soon. Given the increase of information and media, those who want people to consume their material are fighting an uphill battle to get their attention. Anyone who does social media marketing knows how hard it is to capture people’s attention in this new ecosystem.

The more stimuli there are competing for your attention, the more that attention seekers must fight to capture your attention. More often than not, this results in psychological warfare as attention-seekers leverage any and all emotions to draw you in.

And here’s where we see fear entering back into the picture. Because fear is a biological mechanism to get people’s attention, we see people turning to fear as a tool to get people’s attention. Fear is an extraordinarily effective emotion to leverage. Fear is especially powerful in an environment where the available attention is limited.

If you pay attention to threatening stimuli, fear emerges. At the same time, the presence of fear gets your attention. The two - fear and attention - work hand in hand. This is why the attention economy provides fertile soil for the culture of fear.

We pay attention to the emotion of fear because it helps us protect ourselves and those around us. Our willingness to pay attention to fearful stimuli is precisely why it's possible to create a culture of fear. We are far too willing to consume information that makes us afraid because we feel as though we want that information in order to protect ourselves.

Fear-mongerers leverage our willingness to pay attention to fearful stimuli in order to generate attention. A fearful newspaper headline captures people's attention. This draws people into paying attention to the newspaper as a whole, which is precisely the intention of headlines. Likewise, when TV anchors are spouting off fearful information, people are far less willing to turn the channel. Again, this is of interest to the television network.

With social media, the intersection is messier. There are certainly broadcast messages being communicated from far off, but the majority of attention-seeking takes place in the world of user-generated content. This creates an ecosystem where hysteria isn't necessarily from on high, but, rather, all around us.

Interestingly to me, fear on social media isn’t just employed by marketers, pundits, and politicians. It’s increasingly used by everyone. My work focuses on teen culture so I see a lot of this through that lens. I watch as parents use fear in an effort to get their kids to pay attention to them. I watch as teens use fear in order to get attention from their peers. Teens and parents both develop an acute sense for what will grab their interlocutors’ attention. Attention is indeed the currency of contemporary society. Hysteria is one element of this, whether it plays out as fear-mongering or simply drama. Many of the teen practices that adults deplore the most stem from the desire to capture attention in an attention economy. Yet, adults are by no means innocent of this. They too use fear to get attention. Thus, can we really blame teens for trying to master this adult-defined landscape?

THE ROLE OF RADICAL TRANSPARENCY

Now that we have a foundation for understand the culture of fear and the attention economy, I want to consider some of the ideology of the Web2.0 / social media ecosystem and what this means for the culture of fear. Let’s start with radical transparency.

Radical transparency is the notion that putting everything out into the open will make people more honest. It is often discussed as an extreme form of accountability for corporate actors, but it can also be understood in a social context. In this light, radical transparency is used to force people out into the open. The logic here rests on the notion that people hide things in private that they wouldn’t admit to if they were in public. Thus, in theory, their public selves are more honest than their private selves.

Most technologists who obsess over radical transparency focus on the need for those in power - government officials, famous people, corporate actors, etc. - to be transparent. Many proponents of radical transparency believe that forcing powerful people into the open will reduce corruption, produce honesty, and induce tolerance. Thus, there’s often a desire by proponents to engage in acts of exposure, forcing people out into the open out of the belief that this is good for society.

The practice of 'outing' for a cause is not new. As a part of the queer rights movement, many queer folks believed that publicly outing closeted LGBT individuals would help the movement. I would argue that this practice is quite fraught. Consider the highly publicized case of Oliver Sipple. Sipple was well known in the gay community, but he was not public about his sexuality. In 1975, a woman attempted to assassinate U.S. President Ford; Sipple's marine training prepared him to recognize the situation for what it was. He lunged at her as she was shooting and she missed. The media immediately portrayed him as a hero. He asked that the media not make reference to his sexuality, but Harvey Milk - a prominent gay activist - chose to out him to the press. He wanted the public to know that gay people could do heroic things too.

The impact on Sipple was devastating. The White House put distance from him; his family rejected him. He sued the newspaper for invasion of privacy. Meanwhile, he fell apart. He drank profusely, gained massive amounts of weight, and became paranoid and suicidal. He was reported to have talked about regretting his act of heroism. He died at the age of 47.

Did the societal benefits of outing Sipple outweigh the personal consequences for him? That's a hard moral question to ask. Yet, this is the question that we must ask ourselves whenever we think about acts of radical transparency. Many proponents of radical transparency believe that the long-term gains from radical transparency outweigh the short-term pain and suffering.

Yet, with the rise of Anonymous, the onset of technology-mediated global political movements, and the battles over real names, there’s a real tension within geek communities as the values of privacy and radical transparency come head-to-head. Consider this in light of Facebook.

David Kirkpatrick has argued that Facebook's approach to privacy rests on Zuckerberg's belief in radical transparency. I would agree with his assessment. In many instances, Zuckerberg has argued that people are more accountable if they don't hide behind pseudonyms and privacy settings. It's hard to interpret the shift in privacy settings that took place a few years back as anything other than the outing of Facebook users. This is precisely the argument I made at SXSW two years ago when I was given the opportunity to keynote this conference. As I explained back then, just as with other types of outing, there were serious consequences for individuals who were exposed by Facebook. But the question on the table still remains: is society better off when everyone and everything is publicly out in the open?

The idea is that forcing people into the open will force them to behave civilly, where civility is defined in hegemonic terms. We hear this discussed in terms of trolls, as though anonymity and pseudonymity automatically produce meanness and cruelty. Again, as a scholar of youth culture, I find this so infuriating, particularly because most people who are on the receiving end of hate know exactly who the hater is.

Increasingly, the battles over identity are moving beyond geek culture into political battles. The same technologies that force people into the open are being used to expose people who are engaged in political speech. Consider, for example, how crowdsourcing is being used to identify people in a photograph. It just so happens that these people were engaged in a political protest.

Radical transparency is particularly tricky in light of the attention economy. Not all information is created equal. People are far more likely to pay attention to some kinds of information than others. And, by and large, they're more likely to pay attention to information that causes emotional reactions. Additionally, people are more likely to pay attention to some people. The person with the boring life is going to get far less attention than the person that seems like a trainwreck. Who gets attention – and who suffers the consequences of attention – is not evenly distributed.

And, unfortunately, oppressed and marginalized populations who are already under the microscope tend to suffer far more from the rise of radical transparency than those who already have privilege. The cost of radical transparency for someone who is gay or black or female is different in Western societies than it is for a straight white male. This is undoubtedly a question of privacy, but we should also look at it through the prism of the culture of fear.

CONFLICTING IDEAS OF PROGRESS

Radical transparency presumes that outing people will combat fear and increase tolerance. But does it? Are marginalized people better off as a group when they are exposed? I genuinely don't know the answer to this. But my hunch is that things aren't working out the way folks intend them to.

Many queer activists look to the last 50 years and argue that LGBT acceptance continues to increase alongside the rise of highly visible LGBT-identified people. But historian George Chauncey is quick to highlight that queer culture pre-WWII was much more vibrant and open than what was available in the 1970s, the supposed liberating years for the queer community. In fact, the fears that rose after Prohibition are what drove the oppression of queer society. "To use the modern idiom," Chauncey writes, "the state built a closet in the 1930s and forced gay people to hide in it." What happened?

In Germany, the 1920s were an extraordinarily gay time. In all senses of the word. Fear squelched that. I don't want to get all Godwin's Law on you here, but it's important to realize that social forces are not linear. There's no universal narrative of "progress" where we continue to march forward to ever-increasing levels of enlightenment. Hell, there are radically divergent ideas of what constitutes progress and enlightenment in the first place.

Let me take a moment to put my values on the table here because there's no way for me to talk about progress without making it clear where I'm coming from. I'm a third wave feminist. I believe in social liberalism. I'm a geek who's committed to science and the pursuit of knowledge, but who also believes that it's impossible to completely untether fact from bias, truth from social construct. I respect others' religious beliefs, but I myself am not religious. All of these positions shape my worldview and shape my views on what constitutes progress and enlightenment.

Tolerance is a value that I am completely committed to. But it is often espoused as though it is neutral. It is not. The fact is that people tolerate certain things and not others – and this tolerance changes on who they’re with, what the issues are, what the risks are of being tolerant. Our decisions about what is acceptable to tolerate stem from our values and our beliefs about what is right and what is wrong. There are certainly people who embrace difference when they're exposed to it, but there are also people who fear it.

Exposure to new people doesn’t automatically produce tolerance. When explorers traversed the earth looking for opportunity, they pillaged and plundered even before they began colonizing. Fear ruled the seas. And let's be honest... exposure to other people during great explorations did not magically produce tolerance. It bred anger, distrust, and hatred.

Through networked technologies, the average person is exposed to more things today than ever before in history. You can get a window into the lives of people halfway around the world. You may not understand what they are saying nor may they be sharing that much with you, but the internet gives you more access to more peoples than even the greatest explorers in history ever had. But what do you make of this opportunity? Are you really looking around to understand difference? Or are you more committed to finding similarity and avoiding people who aren’t like you?

The internet makes visible things that we want to see, but it also makes visible things that we don't want to see. It exposes us to people who are different. And this is the source of a great amount of fear.

Consider the various moral panics that surround young people's online interactions. The current panic is centered on "cyberbullying." Every day, I wake up to news reports about the plague of cyberbullying. If you didn't know the data, you'd be convinced that cyberbullying is spinning out of control. The funny thing is that we have a lot of data on this topic, data dating back for decades. Bullying is not on the rise and it has not risen dramatically with the onset of the internet. When asked about bullying measures, children and teens continue to report that school is the place where the most serious acts of bullying happen, where bullying happens the most frequently, and where they experience the greatest impact. This is not to say that young people aren't bullied online; they are. But rather, the bulk of the problem actually happens in adult-controlled spaces like schools.

What's different has to do with visibility. If your son comes home with a black eye, you know something went down. If he comes home grumpy, you might guess. But for the most part, the various encounters that young people have with their peers go unnoticed by adults, even when they have devastating emotional impact. Online, interactions leave traces. Not only do adults bear witness to really horrible fights, but they can also see teasing, taunting, and drama. And, more often then not, they blow the latter out of proportion. I can't tell you how many calls I get from parents and journalists who are absolutely convinced that there's an epidemic that must be stopped. Why? The scale of visibility means that fear is magnified.

We've seen this before. When my mother was growing up, her parents heard about terrible things from other parents; their fear was driven by word-of-mouth. When I was growing up, my mother heard about terrible things that happened to kids on the television; her fear was driven by mainstream media. In today's media landscape, fear of terrible things happening to kids is so pervasive that it's hard to avoid it. No wonder parents think that children today are at more risk than ever before even though, by almost every statistical measure, youth are safer today than at any previous point in history.

This apparent contradiction stems from the messy way in which the culture of fear intersects with the attention economy. Fear spread fast and we haven't found a good antidote.

Communications scholar George Gerbner noticed that media coverage of violent content makes people believe that the world is more dangerous than it really is. He called this phenomenon the “mean world syndrome.” The more people are exposed to negative content about what’s happening in the world, the more they believe the world to be a negative place. Gerbner was focused on exposure through broadcast media, but what does this mean for networked media? How do the silos that we sit in shape our worldviews?

POWER IN NETWORKS

Many of us live in a wonderful little internet bubble. It was this bubble that got me online in the first place. I wanted to opt out of the mainstream America that I was living in. I didn’t like the religious fear-mongering that surrounded me. I wanted to find other people who thought like me. People who were curious and passionate and determined to create a better world. I found those people in the bowels of Usenet and IRC. It was refreshing and freeing. But I also had no illusions about it. I knew that I entered into a counterpublic.

Many of those who embraced the nascent internet relished its transformative potential. The likes of Stewart Brand and Jaron Lanier used to talk about how the internet would transform society. Remember John Perry Barlow's "Declarations of the Independence of Cyberspace"?

The internet is now mainstream. There has been no magical enlightenment. Mainstream people are doing mainstream things, good, bad, and ugly. And, yet, rather than recognizing this for what it is, folks are continuing to spew utopian and dystopian rhetoric. Jaron Lanier - an early champion of the internet - is now lamenting how it didn't live up to his unrealistic expectations. His critique makes sense if you believed that the internet would be the transformative actor that Jaron believed. I never had such high hopes so it’s not surprising to me that the internet mirrors and magnifies broader social and cultural values.

Of course, it’s not just the dystopic rhetoric that’s popping up. We still have plenty of utopic language to go around. Consider the kinds of conversations that happened around the Arab Spring as pundits babbled on and on about the “social media revolutions” in ways that implied that the internet was shipping democracy wholesale to the Middle East. This technology-centric rhetoric regarding the political uprisings came straight out of 1995.

Yes, social media was used in sharing messages among some involved in the uprisings, but those users were never representative of the people. This is why the elections played out differently than those using social media would’ve liked.

Eli Pariser's "filter bubble" is a useful lens for looking at how algorithms are biasing our perspective, but it doesn't account for the complex mechanisms of networked power. It's not just any voice that gets amplified. It's all about structural position and flows across networks.

Sociologist Manuel Castells argues that we’ve seen a shift in how power operates. Power is no longer cleanly hierarchical. It's now about power within networks. In a painfully academic way, he argues that there are four different kinds of power in networks: networking power, network power, networked power, and network-making power.
  • The first is about inclusion/exclusion. Whether your invited to the party tonight or not.
  • The second is about structural factors that create inclusion/exclusion. How SXSW sets up the rules for who can attend what
  • The third is about who sets in motion those structural conditions. Who are the people behind SXSW that could create the rules.
  • The fourth is the most important. The fourth is about whoever can make the networks…
And here’s where we see technology destabilizing power. Those who can control the flow of information and those who can control people's attention are extraordinarily powerful. The only folks more powerful than those who control the networks are those who can make the networks. It's no longer simply about broadcasting a message; it's about setting in motion mechanisms to draw attention to you. If you want power in a networked society, you need to orchestrate control over the ecosystem.

Consider this for a moment in light of Kony 2012. Folks are obsessed with how this video went “viral.” I would argue that what happened here was very much orchestrated. Yes, the video is compelling. But there are lots of videos that are compelling. Invisible Children has long built networks of young people and supporters from very disparate worlds. What happened last week is that they were all “turned on” for a moment. And they told their friends. And this made them feel like they were part of a movement. And because they turned on simultaneously from loosely connected parts of the network, the story went global trending very fast. This is network-making power.

In a broadcast environment, propagating fear came through broadcast messages. We're still living with that kind of fear-mongering. But the more insidious forms of fear-mongering appear to come from the grassroots. That which comes from inside the networks that we are building. This kind of fear-mongering gets narrated as "social norms." We are building these networks but we’re not thinking about the power that we have in doing this.

People are afraid of people who aren’t like them and, while there are a lot of xenophiles in geek circles, most people aren’t comfortable with difference. In this country alone, we’ve seen a phenomenal rise in fear towards foreigners at the same time that we’ve seen the rise of the internet. Here in Texas, attitudes towards those of Mexican descent are wrapped up in political ideology about immigration. Hatred towards Muslims is pervasive in this country, even as the news coverage of the Arab Spring humanized some Muslims. And we’re seeing political candidates run on platforms of intolerance. This is reality in many communities, even though most of our technologies pretend to ignore it. And then we’re surprised when our tools are used to spread hate and fear.

The technologies we're building are shaping public life, but public life is also shaping our tools. And some parts of public life aren’t pleasant. It’s easy to imagine that we can just pump out “good” or “neutral” tools, but that’s not the way socio-technical dynamics work. If we actually want our tools to be used to create a public culture that we like, we need to engage with cultural issues, including those that are depressing. We can’t ignore fear or pretend like it’s not an issue. We can’t pretend like the relationships that form on our services are even and that everyone has equal opportunity to participate.

The tools that we build are getting repurposed around the globe by people with all sorts of different agendas. They're being used by activists to challenge the status quo, but they're also being used by the status quo to assert new kinds of authority. People are building the new networks of power on the technological networks that we’ve generated and they’re reinforcing existing power structures.

Through social media, we're ramping up the attention economy. We are setting in motion new networks. We like to think of ourselves as disrupting power systems and, indeed, that’s what we were doing for a long time. But now, those in power are leveraging our tools to exert new forms of power. Fear is one of the tools that’s being used. People are finding ways to put fear into our systems.

Social media is no longer the great disrupter. It is now part of the status quo. Are we prepared for what that means? Are we prepared for the ecosystem that we've created? Do we even understand how our systems are being employed by those hellbent on maintaining power in a networked age?

I don't have good answers to these socio-technical conundrums. But I think that these are important issues and I need your help in figuring out where to go from here.

Thank you.

Religion and Reason - Analytic thinking decreases religious belief.

by R. Douglas Fields in The New Brain

Your answer to the following riddle can predict whether you are a believer in religion or a disbeliever:

Q: If a baseball and bat cost $110, and the bat costs $100 more than the ball, how much does the ball cost?

A: If you answered $10 you are inclined to believe in religion. If you answered $5 you are inclined to disbelieve.

Why? Because, according to new research reported in tomorrow's issue of the journal Science, the $10 answer indicates that you are an intuitive thinker, and the $5 answer indicates that you solve problems analytically, rather than following your gut instinct.

Psychologists William Gervais and Ara Norenzayan, of the University of British Columbia in Vancouver, predicted that people who were more analytic in thinking would tend not to believe in religion, whereas people who approach problems more intuitively would tend to be believers. Their study confirmed the hypothesis and the findings illuminate the mysterious cognitive process by which we reach decisions about our beliefs.

Cognitive theory of decision making supports the hypothesis that there are two independent processes involved in decision making. The first process is based on gut instinct, and this process is shared by other animals. The second cognitive process is an evolutionarily recent development, exclusive to humans, which utilizes logical reasoning to make decisions. Their study of 179 Canadian undergraduate students showed that people who tend to solve problems more analytically also tended to be religious disbelievers. This was demonstrated by giving the students a series of questions like the one above and then scoring them on the basis of whether they used intuition or analytic logic to reach the answers. Afterward, the researchers surveyed the students on whether or not they held religious beliefs. The results showed that the intuitive thinkers were much more likely to believe in religion.

To test whether there is a causative basis for this correlation, the researchers then used various subtle manipulations to promote analytic reasoning in test subjects. Prior research in psychology has shown that priming stimuli that subconsciously suggest analytical thinking will tend to increase analytic reasoning measured on a subsequent test. For example, if subjects are shown a picture of Rodin's sculpture "The Thinker" (seated head-in-hand pondering) they score higher in measures of analytic thinking in tests given immediately afterward. Their studies confirmed this effect but also showed that those subjects who showed increased analytic thinking also were significantly more likely to be disbelievers in religion when surveyed immediately after the test.

Three other interventions to boost analytic thinking had the same effect on increasing religious disbelief. This included asking subjects to arrange a collection of words into a meaningful sequence. If the words used for the subconscious prime related to analytic thinking, such as "think, reason, analyze, ponder, rational," rather than control words "hammer, shoes, jump, retrace, brown," subjects scored higher on tests of analytic thinking given immediately afterward, and they were also much more likely to be disbelievers in religion. This demonstrates that increasing critical thinking also increases religious disbelief.

Norenzayan emphasizes that "Analytical thinking is one of several factors that contribute to disbelief. Belief and disbelief are complex phenomena that have multiple causes. We have identified just one factor in these studies."

Professor and Chairman Terrence Reynolds of the Department of Theology at Georgetown University finds it plausible that analytic thinking could make religious belief more difficult. "If one assumes that all rationality is tied to what we know directly through the five senses, that limits our understanding of meaning questions. Religion tends to focus on questions of meaning and value, which may not be available through analytic verification processes… by definition God is a being that transcends the senses."

Reynolds and Norenzayan agree that analytic reasoning is not superior to intuitive reasoning. "They both have their costs and benefits," Norenzayan says. One of the consequences of the costs and benefits is one's tendency to believe in religion. So whether you answered $5 or $10 provides insight into what you believe and how your beliefs are formed.

CISPA, “National Security,” and the NSA’s Ability to Read Your Emails

This week the House of Representatives is debating CISPA, the dangerous ‘cybersecurity’ bill that threatens to decimate Internet users’ privacy in the name of security. EFF and a wide variety of other groups have been protesting the law’s provisions giving companies the power to read users’ emails and other communications and hand them to the government without any judicial oversight whatsoever—essentially a giant ‘cybersecurity’ exception to all existing privacy laws.

We’ve already shown how the bill’s definition of ‘cyber threat information’ can lead the companies and government to surveil citizens for a host of reasons beyond critical cybersecurity threats. But we want to focus on one vital portion of the bill that is not getting enough attention: what the government can do with your private information once companies hand it over.

Even though CISPA is styled as a ‘cybersecurity’ bill, it explicitly allows the Department of Homeland Security and other government agencies like the National Security Agency (NSA) to use your information for ‘national security’ purposes—expanding the bill far beyond its purported goal. Bill sponser Mike Rogers introduced a package of amendments yesterday, but did not remove “national security” as one of the purposes for which information can be used.

The Erosion of Civil Liberties

In the past decade, the amorphous phrase “national security” has invaded many arenas of government action, and has been used to justify much activity that did not involve legitimate terrorist threats. The most obvious (and odious) example is the unfortunately named USA-PATRIOT Act, a law that was sold to the American public as essential to combating terrorism, but which has overwhelmingly been applied to ordinary American citizens never even suspected of terrorism.

In just one of many examples, from 2003-2006, the FBI issued more than 192,000 National Security Letters to get Americans’ business, phone or Internet records without a warrant. These invasive letters—which come with a gag order on the recipient so they can’t even admit they received one—have been used to gather information about untold number of ordinary citizens, including journalists. Exactly one of those cases ended in a terrorism conviction—and he would have been convicted without the NSL evidence. The ACLU has catalogued how many other PATRIOT Act provisions have been similarly abused. EFF is suing for information about one provision, known as Section 215, which Senators have warned is being secretly interpreted to invade privacy in a way that "most Americans would be stunned" to learn about.

“Information sharing”— CISPA’s mantra—has also created privacy nightmares for everyday Americans in the name of national security. The federal government routinely shares its massive national security databases with local law enforcement agencies with predictable results. An investigation by PBS Frontline and the Washington Post’s Dana Priest showed that “many states have yet to use their vast and growing anti-terror apparatus to capture any terrorists; instead the government has built a massive database that collects, stores and analyzes information on thousands of U.S. citizens and residents, many of whom have not been accused of any wrongdoing.”

Despite the ample evidence of these expansive “national security” powers being used on ordinary citizens, the government has only continued down the same path. Just last month, the National Counterterrorism Center drastically changed its rules so it can now copy entire data bases from other federal government agencies and keep information on citizens for up to five years—even if they’re completely innocent.

Wrongdoing and Abuse Go Unchecked

Of course, with such unchecked power, abuse is inevitable. In 2010, EFF learned through Freedom of Information Act requests indications that the FBI—one of the many agencies that might receive private communications via CISPA—may have committed upwards of 40,000 possible intelligence violations in the nine years since 9/11—many of which were done under the PATRIOT Act. In addition, we’ve found evidence of the FBI "lying in declarations to courts, using improper evidence to obtain grand jury subpoenas, and accessing password-protected files without a warrant."

Incredibly, it recently emerged the FBI may have not only condoned this type of behavior, but encouraged it. Wired recently published an FBI memo on agent training that said, “Under certain circumstances, the FBI has the ability to bend or suspend the law and impinge on freedoms of others” and cited various wiretapping laws in national security investigations. (emphasis ours)

Increased powers of the National Security Agency

CISPA’s author Rep. Mike Rogers has tried to stave off criticism of that CISPA would lead to government abuse by insisting that the bill allows citizens to sue the government if they misuse their information. But this provides very little comfort. Any such lawsuit will be difficult, if not impossible, to bring. The government can attempt to use the same “national security” exception in CISPA that allows them to use the information for other purposes to escape liability.

First, the statute of limitations for such a lawsuit is two years from the date of the actual violation. It’s not at all clear how an individual would know of such misuse if it were kept inside the government. Given that the National Security Agency is notoriously secretive—its employees even used to refer to it as “No Such Agency”—they may attempt to prevent users from finding out exactly how this information was ever used. And a provision in CISPA that provides an exemption to the Freedom of Information Act for all private information given to it by companies for anything cybersecurity related doesn’t help.

Even if a user knew the government was misusing his or her information, litigation would be difficult, expensive, and time consuming given if classified information or national security is involved, the government may invoke the “state secrets privilege.”

EFF has been involved for years in a lawsuit over Fourth Amendment and statutory violations stemming from another abuse of the government’s claimed ‘national security’ powers—the NSA’s warrantless wiretapping program. Given the NSA may be a recipient of “cyber threat information” in CISPA, they stand to gain more power to spy on Americans despite laws that would otherwise prevent them from doing so.

Despite six years of litigation, the government continues to maintain that the “state secrets” privilege prevents lawsuits over the warrantless wiretapping program from being heard, arguing that even if the allegations are true, the suit should be dismissed because of—you guessed it—national security concerns. The same state secrets privilege has been invoked in other cases involving the CIA’s extraordinary rendition program and their authority to target Americans in drone strikes overseas with no judicial safeguards.

CISPA will create yet another tool for the government to expand its already massive national security apparatus, and in turn, erode ordinary citizens’ rights, while giving them virtually no recourse if their civil liberties are violated. The House of Representatives is beginning debates on CISPSA tomorrow, with a vote coming no later than Friday. Join EFF in opposing CISPA by calling, emailing, and tweeting at your Representatives.

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Thinking in foreign language makes decisions more rational

By Brandon Keim
 
To judge a risk more clearly, it may help to consider it in a foreign language.

A series of experiments on more than 300 people from the US and Korea found that thinking in a second language reduced deep-seated, misleading biases that unduly influence how risks and benefits are perceived.

"Would you make the same decisions in a foreign language as you would in your native tongue?" asked psychologists led by Boaz Keysar of the University of Chicago in an April 18 Psychological Science study.

"It may be intuitive that people would make the same choices regardless of the language they are using, or that the difficulty of using a foreign language would make decisions less systematic. We discovered, however, that the opposite is true: Using a foreign language reduces decision-making biases," wrote Keysar’s team.

Psychologists say human reasoning is shaped by two distinct modes of thought: one that’s systematic, analytical and cognition-intensive, and another that’s fast, unconscious and emotionally charged.

In light of this, it’s plausible that the cognitive demands of thinking in a non-native, non-automatic language would leave people with little leftover mental horsepower, ultimately increasing their reliance on quick-and-dirty cogitation.

Equally plausible, however, is that communicating in a learned language forces people to be deliberate, reducing the role of potentially unreliable instinct. Research also shows that immediate emotional reactions to emotively charged words are muted in non-native languages, further hinting at deliberation.

To investigate these possibilities, Keysar’s team developed several tests based on scenarios originally proposed by psychologist Daniel Kahneman, who in 2002 won a Nobel Prize in economics for his work on prospect theory, which describes how people intuitively perceive risk.

In one famous example, Kahneman showed that, given the hypothetical option of saving 200 out of 600 lives, or taking a chance that would either save all 600 lives or none at all, people prefer to save the 200—yet when the problem is framed in terms of losing lives, many more people prefer the all-or-nothing chance rather than accept a guaranteed loss of 400 lives.

People are, in a nutshell, instinctively risk-averse when considering gain and risk-taking when faced with loss, even when the essential decision is the same. It’s a gut-level human predisposition, and if second-language thinking made people think less systematically, Keysar’s team supposed the tendency would be magnified. Conversely, if second-language thinking promoted deliberation, the tendency would be diminished.

The first experiment involved 121 American students who learned Japanese as a second language. Some were presented in English with a hypothetical choice: To fight a disease that would kill 600,000 people, doctors could either develop a medicine that saved 200,000 lives, or a medicine with a 33.3 percent chance of saving 600,000 lives and a 66.6 percent chance of saving no lives at all.


Results of two tests of foreign language effects on framing biases. In each, people were given the choice between sure savings or an all-or-nothing bet. Bars show how many people preferred sure savings when the choice was framed in terms of gains (black) or losses (white) and considered in their native language (left pair) or second language (right pair).
Keysar et al./Psychological Science

Nearly 80 percent of the students chose the safe option. When the problem was framed in terms of losing rather than saving lives, the safe-option number dropped to 47 percent. When considering the same situation in Japanese, however, the safe-option number hovered around 40 percent, regardless of how choices were framed. The role of instinct appeared reduced.

Two subsequent experiments in which the hypothetical situation involved job loss rather than death, administered to 144 native Korean speakers from Korea’s Chung Nam National University and 103 English speakers studying abroad in Paris, found the same pattern of enhanced deliberation. "Using a foreign language diminishes the framing effect," wrote Keysar’s team.

The researchers next tested how language affected decisions on matters of direct personal import. According to prospect theory, the possibility of small losses outweigh the promise of larger gains, a phenomenon called myopic risk aversion and rooted in emotional reactions to the idea of loss.

The same group of Korean students was presented with a series of hypothetical low-loss, high-gain bets. When offered bets in Korean, just 57 percent took them. When offered in English, that number rose to 67 percent, again suggesting heightened deliberation in a second language.

To see if the effect held up in real-world betting, Keysar’s team recruited 54 University of Chicago students who spoke Spanish as a second language. Each received $15 in $1 bills, each of which could be kept or bet on a coin toss. If they lost a toss, they’d lose the dollar, but winning returned the dollar and another $1.50—a proposition that, over multiple bets, would likely be profitable.

When the proceedings were conducted in English, just 54 percent of students took the bets, a number that rose to 71 percent when betting in Spanish. "They take more bets in a foreign language because they expect to gain in the long run, and are less affected by the typically exaggerated aversion to losses," wrote Keysar and colleagues.

The researchers believe a second language provides a useful cognitive distance from automatic processes, promoting analytical thought and reducing unthinking, emotional reaction.

"Given that more and more people use a foreign language on a daily basis, our discovery could have far-reaching implications," they wrote, suggesting that people who speak a second language might use it when considering financial decisions. "Over a long time horizon, this might very well be beneficial."

Megaupload Trial May Never Happen, Judge Says

A US judge has put a bomb under the Megaupload case by informing the FBI that a trial in the United States may never happen. The cyberlocker was never formally served with the appropriate paperwork by the US authorities, as it is impossible to serve a foreign company with criminal charges.

The US Government accuses Kim Dotcom and the rest of the “Mega Conspiracy” of running a criminal operation.

Charges in the indictment include engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

While the prosecution is hoping to have Megaupload tried in the US, breaking news suggests that this may never happen.

It turns out that the US judge handling the case has serious doubts whether it will ever go to trial due to a procedural error.

“I frankly don’t know that we are ever going to have a trial in this matter,” Judge O’Grady said as reported by the NZ Herald.

Judge O’Grady informed the FBI that Megaupload was never served with criminal charges, which is a requirement to start the trial. The origin of this problem is not merely a matter of oversight. Megaupload’s lawyer Ira Rothken says that unlike people, companies can’t be served outside US jurisdiction.

“My understanding as to why they haven’t done that is because they can’t. We don’t believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States,” Rothken says.

Megaupload’s lawyer adds that he doesn’t understand why the US authorities weren’t aware of this problem before. As a result Judge O’Grady noted that Megaupload is “kind of hanging out there.”

If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first “procedural” mistake either.

Last month the New Zealand High Court declared the order used to seize Dotcom’s property “null and void” after it was discovered that the police had acted under a court order that should have never been granted.

The error dates back to January when the police applied for the order granting them permission to seize Dotcom’s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.

The exact ramifications of the failure to serve will become apparent in the near future.

Update: Megaupload founder Kim Dotcom responds, and he’s not happy.

Criminalizing Only the Buying of Sex

Not to be bought and sold for sex should be a human right. Sweden effectively recognized this in 1999, criminalizing buying sex and decriminalizing being in prostitution. This law has been adopted in full by Norway and Iceland, partly in Korea, Finland, Israel and the United Kingdom. France may enact it.

The Swedish model recognizes that prostitution is an institution of inequality. Most people in prostitution enter as children after being sexually abused. Lacking education and resources to survive, often destitute and homeless, they are easy prey to pimps and johns. Sexism and racism lock them in, as in the United States, where African-American women and girls are overrepresented in prostitution, as are native Canadian women in Canada.

When Sweden banned the purchase of sex, prostitution decreased.

Prostitution generally inflicts such trauma that escape is virtually impossible without social support. A study of 854 prostituted persons in nine countries, indoors and outdoors, found that 89 percent wanted to escape prostitution but felt they could not, and that two-thirds met clinical criteria for post-traumatic stress equal to that of treatment-seeking Vietnam veterans and victims of torture or rape. A Korean study in 2009 found prostitution strongly related to post-traumatic stress, even controlling for prior childhood abuse.

The wrong people are arrested in the United States when prostituted persons are criminals. Their situation of discrimination and subordination merits protection from official complicity in their victimization under the 14th Amendment. Sweden’s law identified prostitution as a form of sex inequality connected to gender-based violence, with johns as central in the exploitation and abuse.

Under the sex purchase law, prostitution and trafficking have drastically decreased in Sweden even as the number of prostituted women has increased in neighboring countries. Some claim that the Swedish law made street prostitution more dangerous, but an official 2010 evaluation found such allegations, with those of a “hidden” market, to be unfounded.

The superiority of the Swedish approach contrasts with the Ontario Court of Appeal’s. Compelling evidence shows that across-the-board decriminalization supports sex trafficking without improving health, safety or control of organized crime, as demand for unsafe and dangerous sex rises exponentially. Decriminalization is a failed experiment.

In 2011, Sweden amended the law so survivors can claim damages against johns for violating their equality and dignity, supporting crime victims' social welfare assistance, hence the ability to leave prostitution that its victims overwhelmingly say they want, and human beings deserve.

Jailed for $280: The Return of Debtors' Prisons

By Alain Sherter

How did breast cancer survivor Lisa Lindsay end up behind bars? She didn't pay a medical bill -- one the Herrin, Ill., teaching assistant was told she didn't owe. "She got a $280 medical bill in error and was told she didn't have to pay it," The Associated Press reports. "But the bill was turned over to a collection agency, and eventually state troopers showed up at her home and took her to jail in handcuffs."

Although the U.S. abolished debtors' prisons in the 1830s, more than a third of U.S. states allow the police to haul people in who don't pay all manner of debts, from bills for health care services to credit card and auto loans. In parts of Illinois, debt collectors commonly use publicly funded courts, sheriff's deputies, and country jails to pressure people who owe even small amounts to pay up, according to the AP.

Under the law, debtors aren't arrested for nonpayment, but rather for failing to respond to court hearings, pay legal fines, or otherwise showing "contempt of court" in connection with a creditor lawsuit. That loophole has lawmakers in the Illinois House of Representatives concerned enough to pass a bill in March that would make it illegal to send residents of the state to jail if they can't pay a debt. The measure awaits action in the senate.

"Creditors have been manipulating the court system to extract money from the unemployed, veterans, even seniors who rely solely on their benefits to get by each month," Illinois Attorney General Lisa Madigan said last month in a statement voicing support for the legislation. "Too many people have been thrown in jail simply because they're too poor to pay their debts. We cannot allow these illegal abuses to continue."

Debt collectors typically avoid filing suit against debtors, a representative with the Illinois Collectors Association tells the AP. "A consumer that has been arrested or jailed can't pay a debt. We want to work with consumers to resolve issues," he said.

Yet Illinois isn't the only state where residents get locked up for owing money. A 2010 report by the American Civil Liberties Union that focused on only five states -- Georgia, Louisiana, Michigan, Ohio, and Washington -- found that people were being jailed at "increasingly alarming rates" over legal debts. Cases ranged from a woman who was arrested four separate times for failing to pay $251 in fines and court costs related to a fourth-degree misdemeanor conviction, to a mentally ill juvenile jailed by a judge over a previous conviction for stealing school supplies.

According to the ACLU: "The sad truth is that debtors' prisons are flourishing today, more than two decades after the Supreme Court prohibited imprisoning those who are too poor to pay their legal debts. In this era of shrinking budgets, state and local governments have turned aggressively to using the threat and reality of imprisonment to squeeze revenue out of the poorest defendants who appear in their courts."

Some states also apply "poverty penalties," including late fees, payment plan fees, and interest when people are unable to pay all their debts at once, according to a report by the New York University's Brennan Center for Justice. Alabama charges a 30 percent collection fee, for instance, while Florida allows private debt collectors to add a 40 percent surcharge on the original debt. Some Florida counties also use so-called collection courts, where debtors can be jailed but have no right to a public defender.

"Many states are imposing new and often onerous 'user fees' on individuals with criminal convictions," the authors of the Brennan Center report wrote. "Yet far from being easy money, these fees impose severe -- and often hidden -- costs on communities, taxpayers, and indigent people convicted of crimes. They create new paths to prison for those unable to pay their debts and make it harder to find employment and housing as well to meet child-support obligations."

Such practices, heightened in recent years by the effects of the recession, amount to criminalizing poverty, say critics in urging federal authorities to intervene. "More people are unemployed, more people are struggling financially, and more creditors are trying to get their debt paid," Madigan told the AP.

Stupid California Police Warn Parents of Pedobear, the ‘Pedophile Mascot’



Pedobear is a meme featuring a cute cartoon bear who pops up wherever people are being creepy about kids on the Internet. Cops in California don't understand this, and have issued a hilarious warning about Pedobear.

The San Luis Obispo County Sheriff's Department, who can't be bothered to look up Pedobear's extensive Wikipedia entry, issued a very serious warning about Pedobear last week, as seen in the news report above. (Update: See below for the official San Luis Obispo County Sheriff's Department flyer: 'An Introduction to PEDO BEAR'.) According to KSBY-TV:
The San Luis Obispo County Sheriff's Department is warning parents about a disturbing new phenomenon made popular by pedophiles and sexual deviants.

The Pedo Bear began as an online Japanese cartoon character, and is known for his "lecherous nature" towards prepubescent children.

Recently, pedophiles have adopted the bear as a mascot.

Although there have been no reported sightings of the image on the Central Coast, individuals dressed in the bear costume and car decals have been seen in Southern California.
The news report includes one of these Southern California "sightings": A guy in a Pedobear costume next to a man holding a baby. The baby's father is just blithely standing next to a dangerous pedophile! Actually, no. That picture was taken at Comic Con. The person inside the costume—and anyone spotted with pedobear paraphernalia—is a nerd who spends too much time on the Internet.

As explained by Urlesque, Pedobear originated on the anarchic messageboard 4chan as an inside joke.
Pedobear is a shorthand for saying, "You're being creepy about a kid." If anyone on 4chan posts a picture of a questionably young looking girl in a sexy pose, someone will inevitably reply with a pic of Pedobear. Many times, Pedobear is added to a picture to point out real-world sexualization of presexual kids, but it's alternately shown as an acknowledgment of being inappropriately attracted to a child.
Pedobear went on to become one of the Internet's most popular memes—right up there with lolcats. (He even visited the Pope.)

As much as it would make cops' jobs easier (and, judging from this episode, it needs to be as easy as possible for these idiots to get anything done) pedophiles have not collectively decided to brand themselves with a logo so we can easily identify them. Jesus, cops can be dumb.

Update: Oh, wow. We just got off the phone with the San Luis Obispo Sheriff's Department. The good news: They apparently do understand Pedobear is an Internet joke. The bad news: They sent us this colorful two-page Public Safety Information Bulletin: "A Seemingly Innocent Menace: An Introduction to PEDO BEAR". It's as good as it sounds. Take a look! (Click to enlarge)
Stupid California Police Warn Parents of Pedobear, the 'Pedophile Mascot' (Updated)
Stupid California Police Warn Parents of Pedobear, the 'Pedophile Mascot' (Updated)

The Difference Between Scientific Evidence And The Scientific Method

Scientific evidence plays a crucial role in virtually all mass torts cases (whether prescription drugs, environmental exposures, or consumer products), and so, when the National Research Council and the Federal Judicial Center published the Third Edition of the Reference Manual on Scientific Evidence, lawyers took note. Apart from Supreme Court opinions — which these days often raise more questions than they answer, which is partly why Daubert is still the leading case twenty years later — the Manual is likely the primary reference federal judges use to guide them in deciding what scientific evidence they allow into a jury trial.

Scientific evidence is one of those rare areas of law upon which every lawyer agrees: we are all certain that everyone else is wrong.

Defense lawyers think judges too easily allow in “junk science” from plaintiffs, citing the silicon breast implant litigation, which resulted in over $3 billion in settlements and compensation for autoimmune injuries that most scientists now agree weren’t caused by the implants. Plaintiff’s lawyers, in turn, think the silicon implant case is the exception that proves the rule, and that courts these days more frequently use Daubert and Frye to destroy plaintiffs’ cases by wrongly excluding from trial valid scientific and medical testimony (here’s an example involving vinyl chloride and cancer, and another involving Tylenol and liver damage, and don’t forget Kumho Tire’s indefensible exclusion of an eminently qualified tire tread separation expert), while allowing defendants to bring in all kinds of unscientific nonsense (like the natural forces nonsense in shoulder dystocia lawsuits that’s allowed everywhere except New York).

(In the criminal context, prosecutors complain about the “CSI Effect,” the claim that jurors today expect forensic evidence in every case, while criminal defense lawyers counter that the forensic evidence offered is often garbage and speculation from people with a diploma mill degree.)

As far as I can tell, mostly defense lawyers took note of the Reference Manual publicly, and they took a starkly negative view of it. Nathan Schachtman says “there is a good deal of equivocation between encouraging judges to look at scientific validity, and discouraging them from any meaningful analysis by emphasizing inaccurate proxies for validity, such as conflicts of interest.” David Oliver has been on the warpath, claiming “the fix is in” and most recently criticizing the chapter, “How Science Works,” written by David Goodstein, Professor of Physics and Applied Physics at CalTech.

Oliver complains:

Avoiding any pretense of humility the Reference Manual dismisses as woefully naive and inadequate those claims about the essence of the scientific endeavor that were ingrained in us in school. … Unsurprisingly the Reference Manual, operating on the view that objectivity is an illusion, that you can never prove anything is false and that you can never prove anything is true (“the apparent asymmetry between falsification and verification that lies at the heart of Popper’s theory thus vanishes”) and thus without any track to follow, quickly careens into post-modernism. … So all the great thinkers were wrong. Objectivity is out. Testability is out. Keeping an open mind is out. Skepticism is right out. The appeal to authority is not a logical fallacy but fundamental to science.
I think Oliver has misunderstood the purpose of the chapter.

“How Science Works,” one of the early chapters of the Manual, begins:
The purpose of this chapter is not to resolve the practical difficulties that judges will encounter in reaching those decisions; it is to demystify somewhat the business of science and to help judges understand the Daubert decision, at least as it appears to a scientist. In the hope of accomplishing these tasks, I take a mildly irreverent look at some formidable subjects.
Goodstein uses the word “irreverent,” but I think the more descriptive word is “realistic.” Goodstein’s primary purpose in writing the chapter, at least as I interpret it, was to dispel several myths about science that everybody, including judges, learns in high school.

Scientists, even those in the “hard” sciences that are based primarily on empirical observations and mathematical analysis, have their own dogmas, prejudices, incentives, and conventions. That’s of course not to say that science is bad or wrong or useless — the only reason you can read this on your computers is because thousands of scientists over the years came to exactly the right conclusions about electricity, metallurgy, chemistry, mathematics, quantum theory, and information theory — but just to admit the obvious, which is that scientists are people and science happens under many of the same constraints as every other social endeavor. As much as we’d like to trust scientists as objective experts whose assertions should be accepted ipse dixit (a phrase that dates back to Pythagorus and is today routinely used by lawyers trying to discredit their opponent’s expert), the truth is that courts shouldn’t be afraid to look at scientists as people and evaluate them accordingly.

I have no doubt that Goodstein would recommend scientists in pursuit of some fundamental truth about nature should hold themselves to the highest standard, and should do everything in their power to put objective analysis ahead of subjective belief. At the same time, I can’t imagine anything more foolish and counterproductive that a judge trying to rule on a pretrial motion could do than to assume that everyone who calls himself a scientist is unbiased and incapable of making a mistake.

A judge hearing a Daubert or Frye motion who tries to figure out what the “correct” scientific answer is to the issue in the case has already committed a reversible error. That’s not their job. Their job is to make sure the jury isn’t going to hear pure baloney, not to pick one scientist’s opinion over another’s. As Justice Breyer writes in the Preface to the Manual:
The search is not a search for scientific precision. We cannot hope to investigate all the subtleties that characterize good scientific work. A judge is not a scientist, and a courtroom is not a scientific laboratory. But consider the remark  made by the physicist Wolfgang Pauli. After a colleague asked whether a certain scientific paper was wrong, Pauli replied, “That paper isn’t even good enough to be wrong!” Our objective is to avoid legal decisions that reflect that paper’s so-called science. The law must seek decisions that fall within the boundaries of scientifically sound knowledge.
And to avoid legal decisions based on science that is “not even wrong,” courts need to recognize the reality of how scientific research is produced, which is some distance from the idealized vision of the scientific method. That’s all Goodstein was getting at.