Internet

Taxes — with a bang!

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By Justin Juul

Tax season is here, and math is hard. That’s why you need to get on the Math Bus.

PS — If you don’t know what internet phenomenon this is spoofing, you really need to watch more porn.

China’s internet censorship: what to do?

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For those of us in the free speech and free press line of work, China’s censorship of the internet is a major practical and theoretical issue. Here is a reasoned approach by Peter Scheer, executive director of the California First Amendment Coalition (CFAC). B3

Make no mistake, China’s censorship of the internet is a crime against liberty on a mass scale. Still, American firms can’t just steer clear of the world’s biggest market. What to do?

By Peter Scheer

A milestone of sorts was passed in the first quarter of this year when China blew past the United States to become the biggest internet market in the world. At 225 million users, and still growing at double-digit rates, China’s internet is a business opportunity so grand and irresistible that it can blind normally circumspect people to the moral compromises that cooperation with Chinese government authorities inevitably entails.

I experienced this first-hand when, about a year ago, I made inquiries at the China offices of a number of American law firms to ask for help in comparing internet search results for searches performed inside China–within the “Great Firewall” of government censorship, as it is called–with the same searches performed from locations outside China (and therefore outside the firewall). The law firms demurred, explaining, with commendable candor at least, that they could not risk being observed submitting to Google and Yahoo search terms like “Tiananmen Square” or “Falun Gong”.

Mind you, these were American-trained litigators, the kind of lawyers who barely flinch in the face of a grand jury subpoena, and who spend their careers pushing back against the demands of government authorities. While usually immune to intimidation, they nonetheless feared the repercussions to themselves, their firms, and their clients from the mere act of typing a few search terms into an internet-connected computer. So seductive are the business opportunities in China that the risk of losing them transforms even hardened litigators into wimps.

In conversations with internet entrepreneurs and investors active in China, one often hears arguments that are more rationalization than logic. An internet CEO recently told me that freedom of speech is a “relative” value that, despite its appeal in western democracies, is not appropriate to China. Popular variations on this theme are that freedom of speech is an unaffordable luxury in a country that must be single-minded in its pursuit of economic development; that the people of China are more interested in consumer goods than personal and political freedom; and that westerners’ pressure on China to be more tolerant of dissent is a form of cultural imperialism.

Let’s be clear: Freedom of speech, freedom of political choice, and the rule of law are not relative values; they are absolutes. China’s regime of internet censorship is, without question, a crime against individual liberty on a truly mass scale. That it coexists with a fast-modernizing economy offering its people considerable choice in the economic sphere only makes the curtailment of personal freedom more offensive because less excusable. China does not need to suppress speech to achieve its economic goals. China’s leaders are more cynical than that. They maintain censorship solely to preempt challenges to their monopoly on political power.

This can be seen in the government’s censorship policies. Websites based inside China are subject to content restrictions that are, by design, so uncertain and unpredictable that they force internet companies to censor themselves. Standards that are unknown and unknowable, backed by the threat of license-revocation for companies and jail for individuals, create a pervasive fear that is far more effective than direct regulation at muting opposition to the government and its policies.

Websites based outside China, meanwhile, are subject to blocking by the Great Firewall based not on their content, but on their capacity to create, inside China, large, voluntary online communities that are independent of the government. These include nearly all blogging services, wikipedia and wiki platforms generally (wikileaks included), social networking websites and peer-to-peer technologies of all kinds, including photo-sharing and video-sharing businesses. In other words, the full panoply of internet 2.0 technologies.

Websites commanding vast audiences for user-generated content are seen by authorities as a grave threat. The Chinese government’s worst nightmare, after all, is a lone and anonymous Tibetan uploading to YouTube grainy cellphone videos of rioting police.

What should American internet companies do? To point out that doing business in China is morally compromising is not to say that companies must forswear the world’s biggest market–hardly a realistic option, in any event, for premier internet firms like Google, Yahoo, MSN, and Amazon. And while these companies might prefer to compete in China remotely–basing their servers outside the Great Firewall–government policies force them to set up shop inside China.

Those policies manipulate the firewall to degrade the performance of websites based outside China. Because all data from foreign websites pass through bottlenecks connecting China’s internet with the outside world, and because sensors at those bottlenecks further degrade transmissions across the firewall, non-Chinese websites are experienced from inside China as performing v-e-r-y
s-l-o-w-l-y.

This performance deficit is so substantial–and puts non-Chinese websites at such a huge disadvantage relative to their competitors inside China–that foreign websites must establish a presence inside the firewall. Indeed, Google, despite misgivings, established Google.cn within China in 2007 mainly for this reason, while Yahoo and Amazon crossed the firewall by investing in their Chinese domestic rivals.

American internet companies doing business in China should, for starters, acknowledge the extent of their self-censorship, not hide it or rationalize it or pretend that it is something other than the intensely unpleasant compromise that it is. Spare us the tortured and hypocritical justifications. It helps for companies to admit their complicity; to clarify that all is not as it should be or appears to be; to openly assert their disagreement with Chinese government policies (if they do, indeed, disagree); and to disclose specifics about how their content has been altered to avoid displeasing authorities.

U.S. firms also should do everything they reasonably can to protect their Chinese customers from the surveillance–and worse–of Chinese government authorities. If customer data and identifying information can be stored outside the firewall, beyond the reach of Chinese regulators and courts, they should be, even though that may involve greater costs. While this step does not assure protection of anonymous users (since control of a company’s license to operate in China gives the government considerable de facto leverage, quite apart from territorial limits on subpoenas and other legal processes), it is still meaningful.

If off-shoring of confidential user information is not feasible, companies must take steps to warn their customers about the risks of using their service. And finally, where warnings are not possible or go unheeded, companies should force customers to give their real names when using their websites–which will, in turn, force users to think carefully about what they say or do online. Ironically, the barring of anonymity is the surest means of getting users to appreciate the risks of saying what the government doesn’t want to hear.

Doing business on China’s internet is a messy, though potentially very lucrative, activity. Some companies may be so put off by the messiness that they stay away. For most, however, that is not a viable option. They must learn to be both honest with themselves and honest with their customers.
—-
Peter Scheer, a lawyer and journalist, is CFAC’s executive director. CFAC is involved in a legal initiative to use the World Trade Organization to force China to suspend its censorship of the internet on grounds it violates international treaties on free trade.

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Mike Lacey = Marge Schott?

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We don’t want to drag all this us vs. them stuff up again — especially since, like, we won — but something uncanny has occurred. Village Voice Media honcho/bully Mike Lacey has been in some mighty hot water since he chose to use the “n-word” in a speech to a roomful of journalists on the anniversary of Martin Luther King’s assassination. (Watch the video!).

Perhaps worst of all, he was trying to be cool.

That immediately put us in mind of a similar gaffe by former Cincinnati Reds owner Marge Schott, one which lead to her eventual downfall. So, like the Internet-savvy alt.weekly we are, we dialed up the Intertubez — and look!

MUG SHOT
laceyc.jpg

MARGE SCHOTT
schott.jpg

Like we said, uncanny.

After the ruins

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› a&eletters@sfbg.com

ESSAY In a journal entry dated Dec. 27, 1835, from his 1840 book Two Years before the Mast, student-turned-seafarer Richard Henry Dana recorded his first impressions of the area we know as the City, while his ship, The Alert, traveled through the Golden Gate:

We passed directly under the high cliff on which the presidio is built … from whence we could see large and beautifully wooded islands and the mouths of several small rivers … hundreds of red deer, and [a] stag, with his high branching antlers, were bounding about, looking at us for a moment and then starting off …

Dana arrived in the Bay Area after one era had ended and before another began. Until the coming of the Spaniards a generation earlier, some 10,000 people, members of around 40 separate tribes, lived between Big Sur and San Francisco, in the densest Native American population north of Mexico. Despite the existence among them of as many as 12 different languages, the people collectively referred to now as the Ohlone lived in relative peace for some 4,500 years.

On his first visit, Dana predicted that the Bay Area would be at the center of California’s prosperity. When he returned more than 30 years later in 1868, he discovered that his hotel was built on landfill that had been dumped where The Alert first landed.

Then in middle age, Dana wrote, "The past was real. The present all about me was unreal." Making his way through the crowded streets where the new city he’d predicted was being built, he remarked, "[I] seemed to myself like one who moved in ‘worlds not realized.’" Thus Dana became one of the first to articulate the peculiar San Franciscan combination of nostalgia for a lost past and despair over an unrealized future.

The past and future are always alive here. On his first visit, Dana wrote in his notebook about the great city to come. But like many residents of SF today, he slept on the cold, hard ground.

In George Stewart’s 1949 science fiction classic Earth Abides, a mysterious disease has killed 99 percent of the Earth’s population; the main character, Ish, roams the City and East Bay until he finds a wife. Stewart’s book ends in a Twilight Zone scenario, as an old, feeble Ish — now the last living pre-plague American — watches in dismay while his illiterate offspring hunt and frolic like the Ohlone, wearing animal skins and fashioning arrowheads from bottle caps.

After a wildfire, Ish notices that a library has been spared. All the information is still in there, he thinks. "But available to whom?"

Perhaps the knowledge Ish once begged his children to learn can be found in 1970’s The Last Whole Earth Catalog. Its 450-plus yellowing Road Atlas–size pages contain terse recommendations of publications about plant identification, organic gardens, windmills, vegetable dyes, edible mushrooms, goat husbandry, and childbirth, while also sharing the fundamentals of yoga, rock climbing, making music with computers, space colonization, and — of course! — the teachings of Buckminster Fuller.

The initial Whole Earth Catalog sought to reconcile Americans’ love of nature and technology. In Counterculture Green: The Whole Earth Catalog and American Environmentalism (University Press of Kansas, 303 pages, $34.95), author Andrew Kirk credits its creator, Stewart Brand, with bringing a sense of optimism to environmentalism. A character in Tom Wolfe’s 1968 Electric Kool-Aid Acid Test, Brand embodied the cultural intersection of acid and Apple at mid-1960s Stanford University. Kirk examines Brand’s 1965 "America Needs Indians" festival, his three-day Trips Festival in 1966, and his time riding the bus as one of Ken Kesey’s Merry Pranksters.

Counterculture Green correctly suggests that Brand’s utopian lifestyle has a hold on our imagination. But Brand was a leader of the counterculture, not a revolutionary. He believed that the market economy, not political change, would usher in a better world. While today’s market — at the behest of individuals — has started to demand renewable energy or sustainable growth, it also has brought us the SUV, suburban sprawl, and the highest fuel prices in history. Apple may empower the individual — or want consumers to believe it does — but at 29, Silicon Valley has the highest concentration of Superfund sites in the country.

Brand deserves credit for intuiting the peculiar "machine in the garden" Bay Area we live in today, a place perhaps more "California Über Alles" than utopian. It’s far from the postmarket SF envisioned in Ernest Callenbach’s 1975 novel Ecotopia, which is set in 1999, nearly 20 years after Northern California, Oregon, and Washington have seceded from the United States to form the titular nation. A colleague of Brand’s, Callenbach bases his society on ideas from the Whole Earth Catalog, but for one major difference — Ecotopia comes into being not through the free market but through an environmental revolution. (I won’t spoil it, but here’s a hint: it starts in Bolinas!)

While Callenbach’s future sometimes resembles a mixture of the Haight Street Fair and Critical Mass, there are twists. Ancient creeks have been unearthed, and on Market Street there is a "charming series of little falls, with water gurgling and splashing, and channels lined with rocks, trees, bamboos and ferns." Ecotopians have instituted a 20-hour work week that involves dismantling dystopian relics such as gas stations. There is a surplus of food produced close to home. Materials that do not decompose are no longer used. This new world is no wilderness — it reconciles civilization and nature. Yet perhaps its most radical idea is that humans can create a utopia without help from a plague, apocalyptic war, or earthquake.

The 1906 San Francisco earthquake leveled 4.7 square miles — or 508 city blocks. It destroyed 28,188 structures, including City Hall, the Hall of Justice, the Hall of Records, the County Jail, the Main Library, five police stations, and more than 40 schools. Yet strangely, many apocalyptic tomes — including recent ones such as the speculative nonfiction best-seller The World Without Us and the born-again Christian Left Behind series — are reluctant to imagine a totally destroyed San Francisco.

In contrast, Chris Carlsson’s 2004 utopian novel, After the Deluge (Full Enjoyment Books, 288 page, $13.95), suggests the City is at its most charming when at least partially in ruins, like the old cities of Europe. In Carlsson’s post-economic SF of 2157, rising sea levels from global warming submerge much of the Financial District, yet the City adapts by serving old skyscrapers — now converted into housing — with a network of canals.

After the Deluge‘s vision of reduced work, free bikes, and creeks unearthed from beneath streets borrows from Callenbach’s Ecotopia. Yet Carlsson seems to have his most fun imagining a city transformed by ruins: take a subtle comment on the Federal Building at Seventh and Market streets. In Carlsson’s map of SF circa 2157, the monstrosity that some call the Death Star is simply labeled "The Ruins."

Similarly, the photographs in After the Ruins 1906 and 2006: Rephotographing the San Francisco Earthquake and Fire (University of California Press, 134 pages, $24.95) appear to delight in the City’s impermanence. Mark Klett presents famous images of the smoldering city in 1906 alongside carefully shot contemporary photographs from the same vantage points. Cleverly, these images are arranged in a manner that suggests the ruins aren’t just the past but also an inevitable future.

The aftermaths of SF’s earthquakes are often described in utopian terms, as if cracks in the landscape revealed the possibility of a better world. In After the Ruins, a 1906 quake survivor remembers cooperation not seen since the days of the Ohlone:

A spirit of good nature and helpfulness prevailed and cheerfulness was common. The old and feeble were tenderly aided. Food was voluntarily divided. No one richer, none poorer than his fellow man.

In an essay accompanying After the Ruins, Rebecca Solnit recollects the 1989 earthquake similarly:

The night of the quake, the liquor store across the street held a small barbecue … I talked to the neighbors. I walked around and visited people. That night the powerless city lay for the first time in many years under a sky whose stars weren’t drowned out by electric lights.

Greta Snider’s classic early ’90s punk and bike zine Mudflap tells of a utopia for bicyclists created by the 1989 Loma Prieta quake. Until torn down, a closed-off section of damaged Interstate 280 became a bike superhighway where one could ride above the City without fear of cars. Earthquakes are seen to have utopian potential in SF, because, like protests or Critical Mass, they stop traffic. In 1991, Gulf War protestors stormed the Bay Bridge, shutting down traffic on the span for the first time since the 1989 quake. Perhaps in tribute to the utopian possibilities of both events, William Gibson’s 1993 book Virtual Light imagines a postquake-damaged Bay Bridge as a home for squatter shanties and black market stalls.

Carlsson’s new nonfiction book, Nowtopia (AK Press, 288 pages, $18.95), explores new communities springing up in the margins of capitalist society. Subtitled How Pirate Programmers, Outlaw Bicyclists, and Vacant-Lot Gardeners Are Inventing the Future Today, it looks for seeds of post-economic utopia in places such as the SF Bike Kitchen and the Open Source software movement. According to Carlsson, these communities "manifest the efforts of humans to transcend their lives as wage-slaves. They embrace a culture that rejects the market, money, and business. Engaging in technology in creative and experimental ways, the Nowtopians are involved in a guerilla war over the direction of society."

A founder of Critical Mass, Carlsson praises the biofuels movement and bicycle culture for promoting self-sufficiency through tools. With its optimism and endorsement of technology, Nowtopia occasionally evokes the Whole Earth Catalog. Yet unlike Brand’s tome, it focuses on class and how people perform work in today’s society. Carlsson finds that in their yearning for community, people will gladly perform hours of unpaid labor on behalf of something they love that they believe betters the world.

Within today’s SF, Carlsson cites Alemany Farm as an example of nowtopia. Volunteers took over an abandoned SF League of Urban Gardeners (SLUG) farm next to the Alemany Projects, farming it for several years before the City gave them official permission. "Instead of traditional political forms like unions or parties, people are coming together in practical projects," Carlsson writes. "They aren’t waiting for an institutional change from on-high, but are getting on with building the new world in the shell of the old."

Ironically, the only literature that truly envisions the complete destruction of large areas of the City are the postwar plans of the San Francisco Redevelopment Agency. In 1956, it began the first of two projects in the Fillmore, slashing the neighborhood in two with a widened Geary Boulevard and demolishing over 60 square blocks of housing. Some 17,500 African American and Japanese American people saw their homes bulldozed.

With their dreams of "urban renewal," the heads of SF-based corporate giants such as Standard Oil, Bechtel, Del Monte, Southern Pacific, Wells Fargo, and Bank of America reimagined the City as a utopia for big business. The language of a Wells Fargo report from the ’60s evokes the notebooks of Dana: "Geographically, San Francisco is a natural gateway for this country’s ocean-going and airborne commerce with the Pacific area nations." Likewise, Prologue for Action, a 1966 report from the San Francisco Planning and Urban Renewal Association, might have been written by dystopian visionary Philip K. Dick:

If SF decides to compete effectively with other cities for new "clean" industries and new corporate power, its population will move closer to "standard White Anglo-Saxon Protestant" characteristics. As automation increases the need for unskilled labor will decrease…. The population will tend to range from lower middle-class through upper-class…. Selection of a population’s composition might be undemocratic. Influence on it, however, is legal and desirable.

This dream of turning San Francisco into a perfect world for business required that much of the existing city be destroyed. First, the colorful Produce District along the waterfront was removed in 1959, its warmth and human buzz replaced by the four identical modern hulks of the Embarcadero Center. Beginning in 1966, some 87 acres of land south of Market — including 4,000 housing units — were bulldozed to make way for office blocks, luxury hotels, and the Moscone Center.

The dark logic of the Redevelopment Agency’s plans are projected into the future in the profoundly bleak science fiction of Richard Paul Russo’s Carlucci series from the ’90s. Russo’s books are set in a 21st-century SF entirely segregated by class and health. The Tenderloin is walled off into an area where drug-addicted and diseased residents kill each other or await death from AIDS or worse. Access to all neighborhoods is restricted and even the series’ hero, stereotypical good cop Frank Carlucci, submits to a full body search in order to enter the Financial District because he lacks the necessary chip implant to be waved through checkpoints.

Russo’s nightmares have their real side today, and many dreams found in Ecotopia and the Whole Earth Catalog — composting, recycling, widespread bicycling, urban gardening, free access to information via the Internet, Green building design — have also come to pass. (There is even a growing movement to unearth creeks like the Hayes River, which runs under City Hall.) Pat Murphy’s 1989 novel, The City Not Long After, imagines these opposing visions of the city will continue even after a plague wipes out all but one-thousandth of SF’s population. In Murphy’s book, those still alive turn the City into a backdrop for elaborate art projects, weaving ribbon and lace from Macy’s across downtown streets and painting the Golden Gate Bridge blue. This artists’ utopia is threatened when an army of survivors from Sacramento marches into SF. But the last forces of America, unlike the dot-com invaders of the ’90s, prove no match for the artists, who use direct action tactics and magic to rout Sacramento in an epic showdown at Civic Center Plaza.

In Carlsson’s After the Deluge, several people enter a bar called New Spec’s on Fulton Street. The walls are covered with old SF ephemera. One character explains to Eric, a newcomer, "Its all about nostalgia, a false nostalgia." Was the City a better place before the war, before the earthquakes, or before it was even the City? So many utopian visions of the future evoke a simpler past that one wonders if believing in one is the same as longing for the other. It’s a question that would make sense, once again, to Philip K. Dick.

Perhaps no fiction about a future SF captures utopian yearning as well as Dick’s decidedly dystopian works, because his stories, though full of futuristic gadgets, are really about the ways human characters relate to them. Do Androids Dream of Electric Sheep? (1968) is set in a radically depopulated postwar SF of 2021. The air is filled with radioactive dust and the streets are hauntingly empty as humans race to colonize Mars. Main character Rick Deckard is a bounty hunter assigned to "retire" humanlike androids, yet he’s mostly concerned about his electric sheep. Because there are almost no animals left on Earth, owning a fake one helps a striver like Deckard keep up appearances.

In 1962’s The Man in the High Castle, Dick imagines life in SF after the Nazis and Japanese have won World War II. Nostalgia haunts this story, too. Protagonist R. Childan makes his living selling rare prewar Americana to rich Japanese collectors. Not much has changed in this alternate SF, though. Market Street is still a place of "shooting galleries [and] cheap nightclubs with photos of middle-aged blondes holding their nipples between their wrinkled fingers and leering." While most utopian futures look to the past, Dick’s dystopian futures are all eerily about the present.

So how does Mr. Childan deal with the pain of living in a world where Nazis have won the war? How else? "To inspire himself, he lit up a marijuana cigarette," Dick writes, "excellent Land-O-Smiles brand."

Erick Lyle is the editor of Scam magazine. His book, On the Lower Frequencies: A Secret History of the City, is out now on Soft Skull Press.

NOWTOPIA BOOK RELEASE PARTY

Wed/9, 7:30 p.m.; $20 suggested donation (includes book, reading/discussion, and contribution to site)

CounterPULSE

1310 Mission, SF

(415) 626-2060

A-gain

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› andrea@altsexcolumn.com

Dear Andrea:

I have a friend who claims to be asexual. Although women (and occasionally men) have expressed romantic interest in him, he never seems to want to pursue a physical relationship — or any kind of intimate relationship at all. He says he’s quite happy, but I’m confused. Doesn’t everyone have some level of sexual desire? Or is there really an asexual community out there which is happy to be untouched? What do you know about this?

Love,

A OK?

Dear A OK?:

Oh, lots. I wrote about asexuality a few years ago following a big cover story about it in New Scientist [11/03/04], in the course of which I discovered that the movement’s Web master and spokesperson, David Jay, is not only local but went to my alma mater with a close friend of mine and therefore is practically family. So I know everything about it!

OK, I don’t know everything — but I can answer questions. Most people, barring those rarities like the This American Life interviewee I call "The Man with No Testosterone," may have "some level" of sexual desire flickering away in there somewhere. But if that flame is sufficiently dim or sufficiently unappealing to the flickeree, he or she may chose to ignore it altogether. Some, though, have searched their psyches and failed to detect even the faintest flicker of interest, and they may feel fine about that. It seems to me that the most reasonable reaction to people who feel fine is to feel fine back at them. Still, asexuality remains somewhat of a hard sell.

For whatever reason, many people — sexual people — find it hard to accept the idea that nobody is under any obligation either to feel desire or to act on it. Most of us are accustomed both to wanting sex and to wanting to want sex. (Desire disorders are the new erectile dysfunction — expect to see, say, Michelle Obama starring in a commercial for a breakthrough treatment in a few years.) How can people have no desire to feel desire? Aren’t they broken? Don’t they want to be fixed? Shouldn’t they want to be fixed? If you take these sane, rational adults at their word, that word is no.

As I was procrastinating answering your question a friend mentioned she knew an asexual woman who’d been interviewed about it on TV, which led me to this YouTube clip where you can see many of the asexuality movement’s big names (well, it’s a small pond, but these are the people who are most frequently interviewed and featured on Web sites and the like) telling their stories and proudly proclaiming their lack of interest in getting in your pants. (I can’t remember the chant I made up for them the last time I wrote about this: "We’re A / We’re OK / Now just go away," maybe?) I can’t promise that this clip or any of the others available online is any better than any other 4.5 minutes given a serious but potentially salacious subject on a typical TV magazine show. After the interviews the reporter turns to the camera and dutifully chirps, "Of course, some experts doubt even the existence of asexuality!" Of course they do! There are experts who will appear on these shows to doubt the existence of air if it gets them on TV. And then there’s the odious sexologist Joy Davidson, who offers this take while wearing an awful lot of lipstick:

Presenter: Can labeling oneself asexual become a self-fulfilling prophecy?

Davidson: You might as well label yourself not curious, unadventurous, narrow-minded, blind to possibilities…. That’s what happens when you label yourself as … sexually neutered.

Well, they didn’t label themselves that way, lady. You did. Davidson’s insistence that people who don’t want to have sex must be in some way damaged reminds me, irritatingly, of another well-known sex therapist I heard claiming that Viagra and friends cause as much damage to a relationship as they repair, and that if you really want to overcome erectile dysfunction you have to see a therapist. But Davidson is meaner.

So, yes, your friend is probably telling the truth, and yes, there is such a community of "out" asexuals, albeit largely online (but there’s no shame in that — all hail the Internet’s awesome community-building powers!). The one thing you’re wrong about is the supposition that such people eschew intimacy of any sort. There are folks like that, of course, but we’d do better to call them "hermits." Asexuals have intense friendships and even romantic relationships. They identify, in many cases, as straight or gay, although it’s hard not to imagine an asexual lesbian, for instance, as someone who’s particularly interested in not having sex with women. You could get a little woozy thinking that way.

I do have to admit wondering whether asexuals like David Jay could be having as much "fun" as they routinely claim to have. "We’re having too much fun to have sex!" How much fun does anyone have, really, who isn’t, say, a professional skateboarder or a four-year-old? Who has the time?

Love,

Andrea

For an older column on this subject, see www.altsexcolumn.com/index.php?article=373

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Metal Mania: Rock of ages, for all ages

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› cheryl@sfbg.com

It was June 2007, and the Friday night crowd at Thee Parkside was primed for brutality. When headliners Hatchet took the stage, two of my senses immediately spiked: my hearing, which seemed not long for the world, and my sight, which couldn’t believe that such aggressive thrash was emanating from what appeared to be a quintet of teenagers.

Well, not quite. As of March 2008, the median age of the North Bay band was 20.2, with vocalist Marcus Kirchen, 23, and lead guitarist Julz Ramos, 22, bringing up the average. Guitarist Sterling Bailey and drummer Alex Perez are both 19, and bassist Dan Voight is 18. Granted, Death Angel drummer Andy Galeon was 14 when The Ultra-Violence (Enigma) was released in 1987. Nonetheless, by ’87, not even half of Hatchet were born.

Raised in the post–Headbanger’s Ball era, its members forged their own paths to a place that local metalheads can both recognize and appreciate. "Hatchet is breathing new life into a scene that has been pretty dead for a long time," Shaxul, owner of San Francisco’s Shaxul Records, told me over e-mail. "They pay homage to ’80s thrash metal and they do a great job. I think they are about as relevant as a band can get in what you would call the ‘Bay Area thrash metal underground.’ Especially since they are the ones carrying it right now!"

Kicking back around a table at Thee Parkside one recent afternoon, Ramos — Hatchet’s main songwriter, though Kirchen pens most of the lyrics and all members contribute to the overall process — recalled getting Metallica’s Black Album (Elektra, 1991) at age 10 or 11, and discovering Master of Puppets (Elektra, 1986) soon after. Possessing a similar story, the 11-year-old Kirchen also checked into Metallica kindred like Exodus and Testament.

Growing up in the Internet age has its advantages: Bailey and Kirchen joined Hatchet after answering Craigslist ads, and the band hooked up with their label, Metal Blade, via MySpace.

One day the group logged on to read a message beginning, "’Hello from Metal Blade,’" Ramos said. "We were scratching our heads — ‘Is this a joke?’ That was the label that I always [wanted] to be on, because they are strictly metal. They’re not gonna try and change anything, or steer you in another direction."

Hatchet’s album, Awaiting Evil, was recorded in Petaluma and is tentatively due out May 31, with a tour in the works for later this year. Thematically, the disc addresses dark topics: what Ramos described as "a post-apocalyptic world future." Musically, Kirchen promised, "it’s gonna crush."

Staunch fans of the original Bay Area thrash bands, Hatchet is proud to be part of the scene’s legacy — but they don’t see themselves as imitating what came before. "Even though a lot of [our music] is reminiscent of [earlier bands], it really takes from that and stems into new directions," Kirchen explained. "I think it helps that we’re coming along about 20 years down the line, because there’s so much that’s happened in metal since then.

"When I listen to bands like Exodus or Vio-lence, I hear such a difference — it’s all thrash, but it’s different," he added. "If you were to put Hatchet into that, you couldn’t say ‘Hatchet sounds like Exodus’ or ‘Hatchet sounds like Testament.’ You’d say ‘Hatchet sounds like Hatchet.’" While their sound does owe a certain debt to the thundering riffs and drumbeats of bands like Exodus and Testament — as well as Slayer, Metallica, and even Iron Maiden — Hatchet’s enthusiasm is a large part of their appeal. It’s music made by metal fans, for metal fans, with the stage barely keeping the two groups apart.

"When you think of Hatchet, you think Heavy Metal Parking Lot (1986). At the shows, we thrash together. We bring that vibe where everybody’s included," Kirchen said. And my experiences seeing them live bear this out, particularly at a January Fat City show that included a rambunctious pit of Hatchet-aged fans.

"That’s really key in developing this young crowd," continued Kirchen, "that feeling of all these kids coming together to be a part of something. We really throw away the rock-star vibe. I think that separates us from a lot of the older bands who’ve been playing for a long time, and they have the thing built up to, ‘We’re untouchable.’ We don’t want to be like that. We want to be down-to-earth."

HATCHET

April 25, 7 p.m., check Web site for price

Balazo Gallery

2183 Mission, SF

English is dead

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› annalee@techsploitation.com

TECHSPLOITATION By the time English truly is a dominant language on the planet, it will no longer be English. Instead, say a group of linguists interviewed in a recent article by Michael Erard in New Scientist, the language will fragment into many mutually-unintelligible dialects. Still, some underlying documents will supply the grammatical glue for these diverse Englishes, the way Koranic Arabic does for the world’s diverse Arabic spinoff tongues. English-speakers of the future will be united in their understanding of a standard English supplied by technical manuals and Internet media.

People like me, native English speakers, are heading to the ashcan of history. By 2010, estimates language researcher David Graddol, 2 billion people on the planet will be communicating in English — but only 350 million will be native speakers. By 2020, native speakers will have diminished to 300 million. My American English, which I grew up speaking in an accent that matched what I heard on National Public Radio and 60 Minutes, is already difficult for many English-speakers to understand.

Hence the rise of Internet English. This is the simple English of technical manuals and message boards — full of slang and technical terminology, but surprisingly free of strange idioms. It’s usually also free of the more cumbersome and weird aspects of English grammar.

For example, a future speaker of English would be unlikely to understand the peculiar way in which I express the past tense: "I walked to the store." Adding a couple of letters (–ed) to the end of a verb to say that I did something in the past? Weird. Hard to hear; hard to say. It’s much more comprehensible to say: "I walk to the store yesterday." And indeed, that’s how many non-native speakers already say it. It’s also the way most popular languages like the many dialects of Chinese express tense. The whole practice of changing the meaning of a word by adding barely audible extra letters — well, that’s just not going to last.

When I read about the way English is changing and fragmenting, it has the opposite effect on me than what you might expect. Although I am the daughter and granddaughter of English teachers and spent many years in an English department earning a PhD, I relish the prospect of my language changing and becoming incomprehensible to me. Maybe that’s because I spent a year learning to read Old English, the dominant form of English spoken 1,000 years ago, and I realize how much my language has already changed.

But my glee in the destruction of my own spoken language isn’t entirely inspired by knowing language history. It’s because I want English to reflect the lives of the people who speak it. I want English to be a communications tool — like the Internet, a thing that isn’t an end in itself but a means to one. Once we all acknowledge that there are many correct Englishes, and not just the Queen’s English or Terry Gross’s English, things will be a lot better for everybody.

I’ll admit sometimes I feel a little sad when my pal from Japan doesn’t get my double entendres or idiomatic jokes. I like to play with language, and it’s hard to be quite so ludic when language is a tool and nothing more. But that loss of English play is more than made up for by the cross-cultural play that becomes possible in its stead, jokes about kaiju and non-native snipes at native customs. (My favorite: said Japanese pal is bemused by American Christianity, and one day exclaimed in frustration, "God, Godder, Goddest!")

For those of us who spend most of our days communicating via the Internet, using language as the top layer in a technological infrastructure that unites many cultures, the Englishes of the future are already here. In some ways they make a once-uniform language less intelligible. In other ways, they make us all more intelligible to one another.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd whose English is obsolete.

SPORTS: Fantasy baseball’s dark side

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By A.J. Hayes

My name is Tony H. and I’m a fantasy baseball player.

There I said it.

Actually I haven’t been an active participant in fantasy ball in more than a decade, but sometimes the urge to seek out “post-hype sleepers” and under-the-radar bargains in fantasy publications is so strong that I have to leave Barnes & Nobles immediately

Apparently, I will be a fantasy baseball player for life.

fantasy.jpg
Evil?

It all started innocently enough back in 1993, when a co-worker introduced me to his in-house league. Figuring it was another way to put my absorption of all things baseball to use and earn some pocket cash at the same time, I showed up at the “draft” – held in a clandestine conference room on the Saturday morning before the start of the baseball season – with a rough idea of what I wanted my team to look like and three crisp twenties from the ATM.

I felt like a real big-league general manager at the draft, and the blueberry bagels weren’t so bad either.

Being a Giants fan, my goal was to select as many San Francisco players as reasonably possible and then flesh out the rest of the squad with pre-inter-league play American Leaguers. That way, there would be no conflict of interest with my team and my team.

That first season I managed to land Barry Bonds to play the outfield and selected fellow -Giants Robby Thompson and Royce Clayton as my keystone combo. The rest of the squad was filled out with the likes of Joe Carter, Mo Vaughn, Lance Johnson and Paul O’Neill. I made one or two exceptions to my rule, selecting National League players such as catcher Joe Oliver, outfielder Bernard Gilkey and a couple of senior circuit pitchers including a youngish Curt Schilling and Steve Avery of the Braves.

When the season began I became ensconced in baseball like never before – raising in the early – pre-internet — hours to scour the morning boxes and tabulate “my guys” total bases, their RBI output and stolen bases.

It made going to work a bit more fun, especially when I would pass one of my fellow fantasy players in the hall after Chuck Finley threw one of his league leading 13 complete games that season – that’s a lot of extra points – or Tom Henke racked up another save.

But by mid-season, the fun turned into serious business. I blew a gasket when Felix Jose failed to live up to the hype with another 0-for-5 game and when Ben McDonald hit the skids after I inserted him back into my starting lineup.

The real life Giants meanwhile were having an amazing campaign in ’93.

Ping pong

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› le_chicken_farmer@yahoo.com

CHEAP EATS It’s a swirly, soupy thing, life, and I would like to be less dizzy in it but there’s this furiously pointless Ping-Pong game, nonstop, between my head and my gut. Fortunately, I’m a fan of the sport. And of spin, and slams.

Cousin Choo-Choo Train says I am never quite satisfied unless my dinner guests go home a little nervous, on top of everything else. And it’s true that I like to err on the side of salmonella, that I have no respect whatsoever for trichinosis, and that E. coli could be the latest Internet gadgetry for all I care. Still, no one has ever puked because of my cooking.

And if that ain’t a claim to fame … if I’m misclaiming itif I just don’t know — then please tell me so’s I can change my ways. I don’t mean to make anyone sick, just nervous. Just a little bit nervous, like, hmm, I wonder if I might wind up in the emergency room. But then you don’t. Like that.

A lot of people don’t like to eat with me. In many cases their reasons are valid, like they’re vegetarian, or don’t know me. Other people keep coming back, keep going home nervous, and keep coming back.

This is called a sense of adventure. I know you have one, dear reader, or you wouldn’t be reading Cheap Eats. You’d be hoping your parachute opens, or surfing where sharks are — something really really boring.

Speaking of boring, one of my oldest, meat-eatingest friends wrote to remind me, after I got soft a couple columns ago and accidentally wrote about a one-year-old client of mine who I love, and who loves flowers, that "there’s only one thing more boring than listening to cat-loving freaks talk about their freakin’ cats … "

The ellipses are his. I’m pretty sure he didn’t mean chickens, though, because I’ve been writing about chickens ever since I was a teenager, no lie, and we’ve been in writing workshops and bands together. Surely he’d have said something before now, like, "Whoa! Chickens are boring."

Besides which it just ain’t true. So he must have meant either babies or flowers. Probably both. Together. Cute little flower-loving babies. Boring — unless they’re yours (or your client) — according to people.

So, OK, so how am I going to make it up to my Cheap readership, this un-farmerly lapse of coolness? Why, it’s almost too easy! By treating you all to something so freakin’ fascinating, so exciting, so universally bacon that even the most jaded cynic will have to turn his NASCAR cap around afterward, read it again, shake his head, and go, "Whoa! Chickens are boring, compared to this."

The subject of which I speak, of course, is My First Mammogram. I thought I was going to say Food Poisoning. But everything changed when I went to the mailbox just now and there was a letter from the medics re: my March 3 breast imaging examination:

Blah blah blah, there’s something in there, yadee-yada, they believe it’s benign, but…. And these ellipses are mine because my brain by now was awhirl with horror and general aghastness at the thought that two weeks had passed since My First Mammogram without me writing about it!

Well: Everyone said it hurts like hell, especially for small-breasted women. They described mean-fingered, banjo-faced technicians leveraging practical white nursing shoes into your sternum, grabbing one nipple in both hands and yanking and flattening you out like pie crust, in some cases using marble rolling pins to coerce you into the picture.

"Are you currently pregnant?" my mammogrammer asked.

It was the kindest thing anyone ever said to me and I told her so, then realized that she probably had to ask, by law, even if you had a mustache. In any case, she was a dear, and it didn’t hurt one bit. I like pie.

And, no, I ain’t afraid of no probably benign notes in the mail. I know just what it was they saw in there: a ping-pong ball. I’m game. Next time they look, I know, it will be exactly the same size, only in a whole different place.

My new favorite restaurant is Roadside BBQ on Geary in the Richmond. Sockywonk’s been barking it up for a long time so I finally grabbed her and shook her and made her take me there. And pay. What I like, besides sweet tea, tangy no-mayo slaw, and great fries, is that it uses apple wood for smoke, in addition to the more common hickory and mesquite. Apple smoke is my favorite kind of smoke. Smoked chicken sandwich with avocado and cilantro, and you can get your ‘cue in a salad, which is something else I love.

ROADSIDE BBQ

Sun.–Thu., 11:30 a.m.–10 p.m.; Fri.–Sat., 11:30 a.m.–11 p.m.

3751 Geary, SF

(415) 221-7427

Beer and wine

AE/D/MC/V

Teacher’s bet

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› andrea@altsexcolumn.com

Dear Andrea:

I have a bit of a moral dilemma. I am a submissive. Sometimes I correspond with, or even meet up with, people I find on the Internet for no-strings-attached fun. I always feel like I’m in control of my life, even when I’m chained up and blindfolded, and I think that it’s a healthy (enough) expression of my sexuality. However, I am also about to start training to be a teacher of kids under age 10.

Obviously, the two parts of my life have no relation to each other. But is it possible to pursue interests that could varyingly be described as "niche" or "perverted," and at the same time be a responsible caregiver to children? Do you think it is possible for my private life not to get in the way of my professional development?

Love,

Tied up in Knots

Dear Knots:

Of course I do. I’d better. I’m a retired pervert (I have no time!), and still writing this column and consorting with every stripe of (harmless) freak you can or can’t imagine. If I thought that knowing the people I know or admitting in public to having belonged to clubs which would now no longer have me as a member posed any sort of threat to my children — ever! — you better believe I’d be out of Pervertville and living in the suburbs wearing those weird sneaker-loafers (snoafers) that normal moms wear before you could say "I shop at Talbots." Happily, I don’t have to. There’s nothing about your hobby which should impede your ability to be the bestest teacher of little kids you can be. There’s nothing wrong with your hobby! Your question does set off some alarm bells, but I have no question that you can be not only a good person, but a self-directed one, fully in control — of your life, if not your limbs — while still enjoying being caught in any number of compromising positions.

What does worry me is the online hooking-up for activities that leave you helpless to defend yourself. I understand that some might find the very phrase "helpless to defend yourself" kind of hot (hell, I find the phrase kind of hot), and I’m also aware that real life is not an episode of Law and Order: Sleazy Exploitative Plotlines Unit. But seriously, I would not let strangers tie me up, and I wouldn’t mind if you didn’t, either. If you live in a major metropolitan area, you can join a club or take classes or otherwise meet people who would love to tie you up, and, even more important, meet other people who know those people. The chance that any of these Internet strangers might wish you harm is admittedly slight, but there are bad people in this world. Please try not to meet any.

The other thing about strangers, of course, is that you don’t know very much about them, including where they work and whom they know, which brings us to our next area of worry: how to keep your two worlds from ever, ever meeting. I’m imagining the principal at your new school arriving, toy bag in hand, to administer a good caning to that girl he met on the Internet (Or are you a guy? It doesn’t matter either way.) That scenario is far-fetched, granted, but you’ll be wanting — needing, actually — to keep your two lives rigorously separate from now on, if you aren’t already. I said your personal proclivities should not affect your ability to be a great teacher, and indeed they should not (if you find yourself so drawn to the alleged Dark Side that you can’t get it together to sleep or do lesson plans or get up for work in the morning, we’ll have another talk), but that depends utterly upon your ability to keep your secret self secret.

I am not a huge fan of the deep dark secret any more that I am big on urging people to blab to Aunt Babs at Sunday supper about their previous night’s exploration of scrotal inflation and anal electrodes: to everything its proper time and place, I say. You, though, are going to have to learn to be spectacularly discreet. Perverts are not a protected class, and people with little exposure to these things haven’t the faintest idea how to separate the lurid and usually deadly "whips and chains" depicted on Law and Order from the usual run of kink-sex reality, which is slightly less dangerous than golf thanks to fewer lightning strikes. Should they discover that one of those whips-and-chains people is — gasp — teaching the children, I can assure you that they will not be interested in becoming educated about it. They will be interested in having you drawn and quartered, and not in a fun way. Go ahead with your plans, but do shut up about it.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

White people like blogging

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By Ailene Sankur

A friend sent me the blog “Stuff White People Like,” and it’s probably the funniest thing on the Internet right now. White people are ridiculous! (Myself included, even though, technically, I’m Middle Eastern…Anyhow…)

A few eerily right on, brilliantly funny ones:

dinnerparty.jpg

Dinner Parties:

Hosts are expected to deliver a magical evening. The food must be homemade with fresh, organic ingredients, the music must be just right (ambient, new, but not too loud), and the decorations inside the house should be subtle but elegant.

Everything must be perfect. One copy of US Weekly, a McDonalds wrapper, a book by John Grisham, a Third Eye Blind CD, or an Old School DVD can undo months and maybe even years of work.

I read this after a dinner party with at good friends’ house. I call them D squared (Dee and Drew) and they always make amazing meals. Last week it was blood orange and onion pork shoulder roast, breaded cauliflower ( I will include the recipe at the bottom because you really should make it at home), sautéed broccoli rabe, and a salad with a simple Dijon vinaigrette. Vampire Weekend, Regina Spektor, and Cat Power played—at a pleasantly low volume.

Mmm … bacon lollipops

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bacon-lolly.jpg

By Justin Juul

You never know what kind of crazy shit your brain’s going to tell you to do when Saturn comes back into the picture and starts demanding attention. Some of us start thinking about babies and tract homes while others spin off in the opposite direction and become workaholics or barflys.

My friend, Jason Lewis of Lollyphile, did something even stranger. On the dawn of his 29th year, he suddenly decided to become a confectioner. He spent hours and days mixing flavors in his basement and self-promoting on the Internet until finally, success! His first run of Absinthe flavored lollipops was met with critical acclaim, eventually reaching full-blown awesomeness when the people over at Penthouse Magazine decided to run a review. A less ambitious man may have stopped there, but my friend is “very special” so he immediately started planning a slow takeover of the gourmet candy industry. He’s gonna be the next Willy Wonka. I can feel it.

I tried to get Lewis on the phone to discuss his outlook on candy, life, and world affairs, but he was too busy boiling lard or something. I did manage to squeeze this little e-interview out of him though. Enjoy.

maplebacon1.jpg

SFBG: What’s your stance on candy from Japan? How can you ever hope to compete with brands like Pocky, Black Black, and Cubyrop?
My bacon lollipops are actually considered to be “sent from god” by a number of people. This wasn’t my fault; a FedEx plane accidentally dropped a few cases on a small Pacific Island, and the natives of that island, upon experiencing their first meat-based sugar-high, started sacrificing various animals (note to PETA: I totally didn’t sanction this) in an attempt to get their gods to ship more lollipops. Sadly, international shipping rates can’t be paid for with any amount of boar’s blood (believe me I’ve tried).

So, while Japan’s candies have awesome names, brand recognition, and the loyalty of several billion people, I’ve got deity cred.

SFBG: What do you do when you’re not turning meat and controlled substances into candy?
Lewis: I reverse the process. Candy into meat and liquor. I transubstantiate stuff all the time.

jasonlewis.jpg
“Bacon lollipops? Why not!”

SXSW Interactive: Pirate vs. Consumer

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By Paula Connelly

Panel titled: How Piracy will save the music industry

Jason Schwartz, founder of a digital music label called Robber Baron Music, and Randy Saaf, the founding CEO of an internet piracy prevention technology company called MediaDefender, Inc, discussed the conflicting viewpoints of the record labels and millions of music consumers. Schwartz’ music label acts as an internet marketing outlet that offers free music downloads in conjunction with artist donation options. This is beneficial to the artist because it gets people listening to an artists’ music while cataloging the downloader’s demographics for tour negotiation leverage. This is the future of the music industry. The labels are cut out. They know it. They’re angry.

SXSW Interactive: The web 2.0 revolution

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by Paula Connelly

guitarhero.JPG
A Guitar Hero break in between panel discussions

I’m not convinced that the web is breaking down boundaries. At the SXSW Interactive Media conference there was a sea of iPhone engaged people who represent the first generation to really harness the experience of growing up with the web and bring it to the business realm. Those who have been the most successful have achieved web fame status. On the web, success is measured by attention based on site user volume, and although that directly translates to advertising dollars it is not the most important component of internet fame. I know that I should be happy about this glorification of knowledge. I should feel optimistic that web celebrity is the result of talent stemming from mathematical and scientific ability. The truth of the matter is, we are in the middle of a revolution whether we like it or not. And as I take refuge in an Austin cafe, far, far away from the fray, I realize that something about it all makes me feel really uncomfortable.

The users are revolting

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› annalee@techsploitation.com

TECHSPLOITATION One of the social traditions that’s carried over quite nicely from communities in the real world to communities online is revolution. You’ve got many kinds of revolt taking place online in places where people gather, from tiny forums devoted to sewing, to massive Web sites like Digg.com devoted to sharing news stories.

And while they may be virtual, the protests that break out in these digital communities have much in common with the ones that raise a ruckus in front of government buildings: they range from the deadly serious to the theatrically symbolic.

How can a bunch of people doing something on a Web site really be as disruptive or revolutionary as those carrying signs, yelling, and storming the gates of power in the real world? By way of an answer, let’s consider three kinds of social protest that have taken place in the vast Digg community.

According to Internet analysis firm ComScore, Digg has 6 million visitors per month who come to read news stories rounded up from all over the Web. About half of those visitors log in as users to vote on which stories are the most important: the one with the most votes are deemed "popular," and make it to Digg’s front page to be seen by millions. A smaller number of people on Digg — about 10 percent — choose to become submitters of stories, searching the Web for interesting things and posting them to be voted on — in categories that range from politics to health. Digg’s developers use a secret-sauce algorithm to determine at what point a story has received enough votes to make it popular and worthy of front-page placement.

You can imagine that a community like this one, devoted to the idea of democratically generated news and controlled by a secret algorithm, might be prone to controversy. And it is.

Two years ago, I was involved in what I would consider one type of user revolt on Digg. It was a prank that I pulled off with the help of an anonymous group called User/Submitter. The group’s goal was to reveal how easy Digg makes it for corrupt people to buy votes and get free publicity on Digg’s front page. My goal was to see if U/S really could get something on the front page by bribing Digg users with my cash. So I created a really dumb blog, paid a couple hundred dollars to U/S, and discovered that you could indeed buy your way to the front page. Think of it as an anarchist prank designed to show flaws in the so-called democracy of the system.

But there have also been massive grassroots protests on Digg, one of which I wrote about in a column more than a year ago. Thousands of Digg users posted a secret code, called the Advanced Access Content System key, that could be used as part of a scheme to unlock the encryption on high definition DVDs. The goal was to protest the fact that HD DVDs could only be played in "authorized" players chosen by Hollywood studios. So it forced people interested in HD to replace their DVD players with new devices. It was a consumer protest, essentially, and a very popular one. Hollywood companies sent Digg cease-and-desists requesting that they take down the AACS key whenever it was posted, but too many users had posted it. There was no way to stop the grassroots protest. Digg’s founders gave up, told the community to post the AACS key to their hearts’ content, and swore they would fight the studios to the end if they got sued (no suit ever materialized).

Another kind of protest that’s occurred on Digg came just last month, and it was a small-scale rebellion among the people who submit stories and are therefore Digg’s de facto editors. After Digg developers changed the site’s algorithm so that it was harder to make stories popular, a group of Digg submitters sent a letter to Digg’s founders saying they would stop using the site if the algorithm wasn’t fixed. You could compare this protest to publishing an editorial in a newspaper — it reflected grassroots sentiment but was written by a small minority of high-profile individuals. Though the company didn’t change its algorithm, this protest did result in the creation of town hall meetings where users could ask questions of Digg developers and air their grievances.

Each of these kinds of protests has its correlates in the real world: the symbolic prank, the grassroots protest, and the angry editorial. So forgive me if I laugh at people who say the Internet doesn’t foster community. Not only is there a community there, but it’s full of revolutionaries who fight for freedom of expression.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who wants a revolution.

What the verdict meant

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>>Read more at www.sfbg.com/lawsuit

› tredmond@sfbg.com

The press coverage was impressive: The San Francisco Chronicle put the story on page one. KTVU-TV made it the third item on its 10 O’Clock News. Editor and Publisher, the newspaper trade journal, picked it up, as did Forbes magazine. The San Francisco Daily used a front-page bold banner headline: "Jury punishes chain."

And indeed, as anyone who follows the local news media is aware by now, a San Francisco jury March 5th ruled that the SF Weekly and its corporate parent, Village Voice Media, illegally sold ads below cost in an effort to harm the Guardian. The jurors awarded $6.3 million in damages, and since the law allows as least part of that award to be trebled, the Weekly and VVM could be liable for as much as $15.6 million.

VVM already announced it will appeal, which means it’s unlikely the Guardian will see any cash award for several years as the case works its way through the legal system. But in the meantime, we will be asking Judge Marla Miller to issue an injunction barring any further below-cost sales.

Under state law, interest on the judgment will accrue at 10 percent a year. That means the Weekly and VVM will be paying $4,000 a day in interest for as long as they seek to dispute and appeal the jury decision.

The verdict alone sends a powerful message that goes beyond the newspaper industry. California’s Unfair Practices Act, a Progressive-era measure, forbids a big chain with deep pockets from coming into town and using predatory pricing to run a locally-owned, independent operation out of business. A San Francisco jury has confirmed that the law can be a powerful weapon against the consolidation of news media — and the chain-store assault on local merchants.

Not surprisingly, VVM’s principals have said they are going to try to invalidate the law in the courts. In a written statement posted to the SF Weekly Web site, the chain says it doesn’t think the law ought to apply to competitive markets.

Of course, the entire point of our lawsuit was that the Weekly and VVM wanted to end competition — that the chain was trying to harm its only direct competitor in the San Francisco marketplace. And that’s precisely what the law was written to prevent.

As James R. McCall, a law professor at Hastings, wrote in a 1997 article for the Pacific Law Journal, "the commercial practice of knowingly selling below cost with the intent to injure competitors or injury competition has long been considered unlawful by American courts and state legislatures."

The trial produced reams of evidence and extensive testimony on the business practices of both papers, and provided some remarkable insights into how the nation’s largest alternative newspaper chain operates. Some highlights:

VVM, which has built highly profitable papers in many national markets, fared very differently here. The chain bought two papers that were profitable concerns — the SF Weekly in 1995 and the East Bay Express in 2001 — and turned them both into huge money losers. Over the past 12 years, the company lost some $25 million in the Bay Area, and has pumped $13 million from corporate headquarters into propping up the Weekly.

Financial data presented in court showed that in markets where the chain faces no direct competition from a strong alternative paper, VVM is practically printing money. Profits in Denver and Phoenix were sky-high, sending some $40 million back to corporate headquarters over about 10 years. But in places where a strong competitor challenged the VVM paper — San Francisco and Cleveland being the two most notable examples — the chain was losing money or its profits were much thinner.

The folks in Phoenix were obsessed with going after the Guardian. The record is littered with e-mails between VVM headquarters and the SF office discussing ways to get ads out of the locally owned paper. The Weekly publishers had to send a regular "Guardian report" back to Phoenix to show how the two papers stacked up. Weekly publishers admitted that they might have offered special bonuses to sales reps who took ads away from the Guardian.

In fact, three witnesses testified that on the day he bought the Weekly in 1995, Mike Lacey, one of the chain’s two principals, threw a copy of the Guardian on the floor and vowed to put us out of business.

The jurors found that sort of behavior strong evidence of predatory intent. One panel member, Kerstin Sjoquist, a local business owner and graduate student, said in an interview that "it felt overly predatory on the part of the Weekly" and that "the predatory intent trickled down from the top."

You could see that same intent by the way the Weekly covered the trial. None of the local reporters at the paper were in the courtroom; instead, the chain brought in one of its top editorial executives, Andy Van De Voorde, from Denver to write about the case every day. And the blog posts he authored were about as personally vicious as anything I’ve seen in a long, long time.

Van De Voorde portrayed this entirely as an attempt by Guardian publisher Bruce Brugmann to shake down the Weekly and VVM for money. (And he never reported on the fact that the evidence clearly showed Bruce and his wife, Jean Dibble, had never taken big profits out of the paper and had instead reinvested money to improve the Guardian.) From the start, Van De Voorde called the suit silly and stupid and tried to make the case that the Guardian had no evidence at all to prove predatory pricing.

As the case wore on, he started to change his tune: by the last few days, he was tacitly acknowledging that there was a chance the Weekly would lose, and he started attacking the law itself. In the end, he told me he "wasn’t surprised" by the verdict — although for weeks his blog posts had taken the position that the Guardian couldn’t possibly win.

The Weekly‘s lawyers essentially argued that their own client was unable to handle pressure from the Internet and unable to adapt to a changing marketplace. Expert after expert on the VVM payroll testified that both the Guardian and the Weekly had seen revenues drop because of outside market forces in San Francisco that apparently were completely beyond the coping ability of a national chain that was making money hand over fist in the rest of the country. In his closing arguments, H. Sinclair Kerr, the Weekly‘s lead attorney, insisted that the market for alternative newsweekly advertising had shrunk and that both papers were, in essence, failing.

That contrasted dramatically with testimony from the only expert witness for either side who had actually run a weekly newspaper. Bill Johnson, publisher of the Palo Alto Weekly, testified that the Internet was not destroying alternative papers and that it was entirely possible to make money in the Bay Area, even during a tough economy. He pointed out that, unlike daily newspapers that rely increasingly on wire-service stories, alt-weeklies offer unique content that can’t be found anywhere else. And the people who are looking for those stories make up a lucrative market for advertisers.

His conclusion, after attending much of the trial and viewing much of the economic evidence: the reason the Guardian was losing revenue was that the Weekly had systematically depressed the price of display ads in the alternative weekly marketplace. And the chain paper was able to do that because of its deep pockets.

Numerous witnesses agreed that the Weekly could have raised its rates and made a profit. But that would have made it possible for the Guardian to compete for those clients — and VVM wanted the market to itself.

In the end, the jury got the message: the Guardian has been hurting badly all these years not because of any external factor but because a rich competitor was selling below cost.
That, Johnson testified, was exactly how predatory chains operate. "It happens," he said, "all the time."

The Guardian was (well) represented by Ralph Alldredge, Rich Hill and E. Craig Moody

Freedom of Information: Virtual meeting

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Forget smoke-filled rooms and paper shredders — today’s government officials can elude public scrutiny from the comfort of their own e-mail accounts, conducting virtual meetings to do the public’s business.

To curb such activity, provisions in both the Brown Act (the state law governing open meetings) and the San Francisco Sunshine Ordinance have been interpreted as prohibiting the use of electronic communication between members of policy bodies. But not everyone has been heeding the rules, particularly in this hyperconnected age.

The TechConnect Task Force, a now disbanded advisory body charged by Mayor Gavin Newsom with creating a plan to bridge the city’s digital divide with free wireless Internet service, frequently used an e-mail listserv to conduct its business.

"Since these things were publicly posted right away, I should think there would be a transparency that advocates would like," said Emy Tseng, a member of the task force. "It was useful in the way e-mails and listservs are useful to anyone."

However, many contend the task force was engaging in activities prohibited under the city’s Sunshine Ordinance, even if the intent was to provide greater public access to the group’s work. Tseng, who claims to have never been informed by the City Attorney’s Office that the group might have been in violation of Sunshine laws, expressed the frustrations of many throughout the city who must comply with open-meeting policies.

"If you don’t use e-mail in this day and age, what can you do?" she asked. The answer, according to state and local laws, is to conduct public business in a public meeting, with the agenda posted in advance and where anyone can attend.

State and city public-disclosure laws apply to all "policy bodies," which can include nearly every government-sanctioned board, commission, or task force. Some members of these bodies have been suspected of vioutf8g open-meeting and public-disclosure laws through the use of online communication.

Seriatim meetings are presumably the most common illegal activity occurring under both open-information laws, although they are the hardest to detect. A seriatim meeting occurs when one member of a policy body privately contacts another, who then contacts another, in a chain of communication that eventually constitutes a quorum of the group.

An e-mail that is forwarded along to enough individuals, or a round of mass e-mails, would constitute a seriatim meeting, according to attorneys who spoke with the Guardian. While e-mail forwarding is a common practice for any office worker, some are just an unassuming click away from breaking the law.

"I would absolutely make it clear that anybody subject to the Brown Act or Sunshine [should] not communicate through e-mail," said Thomas Burke, a San Francisco-based attorney who specializes in media and Internet law and has represented the Guardian. "This could go on for years because people are not in the loop."

The Brown Act, passed in 1953 by the California Legislature, expressly bans a legislative body from using "technological devices" in order to communicate about topics relevant to the work of that body.

"The Brown Act itself forbids the majority of ‘technological devices’ — which is essentially anything you could imagine," said Terry Francke, director of Californians Aware, who also drafted amendments to the act in the early ’90s. Under the Brown Act, a committee member can be slapped with a misdemeanor for the intent to withhold information from the public or conduct prohibited meetings.

Many of the same issues are also addressed in the San Francisco Sunshine Ordinance, filling in more restrictions and open information requirements. Ironically, the TechConnect Task Force was charged with creating universal access to online discussions like theirs, although few legal experts think even that would nullify the requirement for open, public meetings in a physical – rather than virtual – setting.

According to a report released by the San Francisco TechConnect Task Force, 32 percent of Americans do not have access to the Internet. In San Francisco, certain populations are even worse off compared to national averages — for instance, women and the elderly.

"You have to consider if people are going to have equal access to meetings," Burke told the Guardian. "There is still a digital divide. As a public entity they have to be sensitive to this."

Recently, members of the city’s Peak Oil Task Force inquired with the City Attorney’s office about using Yahoo! Groups or a blog to increase efficiency on the all volunteer committee. Attorneys advised the group to stay away from Internet communication, as it can easily lead to prohibited seriatim meetings. Jeanne Rosenmeier, who is the chairperson of the task force, now spends more committee time trying to determine alternative ways to engage the public.

"It is certainly something that should be rewritten, to deal with modern technology so it corresponds with today’s reality," Rosenmeier told the Guardian. "If we have a public e-mail listserv that anyone can sign on to, that seems transparent; or if we have a blog, that’s pretty transparent."

In other cities that do not have sunshine ordinances, teleconferencing may be used legally under the Brown Act to conduct meetings. In Los Angeles, for instance, some boards and commissions teleconference when members would need to drive a few hours just to meet. There is some speculation that the language of the Brown Act could be augmented under this provision to allow for online communication, but there are no major groups pursuing the amendment.

In 2001, former California Attorney General Bill Lockyer wrote an opinion declaring the use of e-mail between policy-body members as an infraction of the Brown Act, even if the e-mails were made publicly available. "Members of the public who do not have Internet access would be unable to monitor the deliberations as they occur," the opinion states. "All debate concerning an agenda item could well be over before members of the public could [participate]."

According to the Sunshine Ordinance Task Force, there have been no complaints filed concerning prohibited online meetings, however there have been public information disclosures of private e-mail messages over the years. Recently, a group of deputy city attorneys were required to turn over an e-mail correspondence when a member of the public filed a complaint.

While Peter Scheer, director of the California First Amendment Coalition, understands the frustration of government officials who must abide by the cumbersome laws, he thinks the tradeoff is well worth it.

"The whole rest of society uses the power of e-mail and the only business that can’t use it is government, because they’re subject to the Brown Act," Scheer told the Guardian. "But we made the tradeoff already in efficiency versus accountability, to force all meetings and information to be open to the press and public."

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Freedom of Information: The leaks go on

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In what may be the last act of a quickly unfolding drama, Swiss banking giant Julius Baer has dropped its lawsuit against Wikileaks, an anonymous whistle-blower Web site, and Dynadot LLC, the site’s registrar. Baer’s attorneys had sought to shut down Wikileaks through a permanent injunction for hosting potentially damaging material about the bank’s activities in the Grand Cayman Islands.

The bank’s decision last week follows its legal defeat Feb. 29 in which San Francisco federal court judge Jeffrey S. White withdrew his ruling to halt the US version of the Web site Wikileaks.org — and to also stop information from the site from being transferred to another server.

White weighed arguments from both sides and said his withdrawal of the order against Wikileaks still raises serious issues about the extent of jurisdiction any US court has over the Internet. He essentially agreed that prior restraint of the site was unconstitutional, and that it could create a "chilling effect" on future free speech cases. He bowed to arguments from defense attorneys and said his prior order raises questions regarding "possible infringement of protections afforded to the public by the First Amendment."

The anonymous forces of Wikileaks seemed to have braced for the legal blow. Within hours of the Feb. 15 takedown order by White, those in the know could access the site by entering the IP address, which is run on a server in Sweden and on other servers around the world.

While no official Wikileaks defendant ever materialized because its operators remain a secret, the preliminary injunction order set off a firestorm of criticism from free speech advocates. One after another, lawyers from the ACLU’s San Francisco chapter, Public Citizen in Washington D.C., and nearly a dozen civil rights organizations rushed to intervene and defend the site.

Shutting down the site is akin to "locking the doors of The New York Times," said Julie Turner, an attorney who represented Wikileaks in prelitigation matters.

"I think this was a textbook example of what not to do," said media law attorney Thomas Burke of the bank’s efforts to seek a prior restraint. "This just completely backfired and garnered international attention."

The documents posted on Wikileaks have been used as the basis for major news stories on subjects such as the treatment of inmates at Guantanamo Bay, the US military’s rules of engagement in Iraq, and corruption by Kenya’s former president. And instead of concealing documents, the case has drawn a maelstrom of attention to the bank’s alleged dealings, and it raises big questions about freedom of speech on the Internet.

In their filing, Julius Baer attorneys said they still reserve the right to consider filing suit in the same court or elsewhere and are considering the company’s legal options. The bank’s spokesperson, Jenna Agins, declined a Guardian request for comments.

Founded in 2006 by Chinese dissidents, journalists, and tech gurus, Wikileaks hosts 1.2 million leaked documents that aim to expose government and corporate wrongdoing. Anonymous site creators say they’re developing an uncensorable system for "untraceable mass document leaking and analysis" and are ready to fight any legal attack.

Wikileaks may have evaded its censors this time, but the latest case portends the vulnerability of such sites and those involved in them. Julius Baer’s attorneys admitted to the judge they had a hard time tracking down a Wikileaks representative. So they went after Daniel Matthews, a Stanford grad student. According to the bank’s court filing, the bank’s attorneys found his name on a Facebook page listing him as an "officer" of Wikileaks and summoned him to court. Joshua Koltun, his pro bono attorney, rushed to file a brief to defend Matthews.

"It was an extremely aggressive move because they were basically grabbing at straws," said Koltun, who appeared without his client in court. "They said he would face liability for a very tenuous connection or be confronted with disobeying the court order."

The bank’s attorneys claimed that Wikileaks had disclosed confidential or forged information about its clients and said there was nothing newsworthy about it. In this way, they are attempting to pit freedom of speech against personal privacy rights.

"Wikileaks has actively solicited the theft of private information," said William Briggs, one of the lawyers for the bank. "They are no longer shielded by the First Amendment."

But freedom of speech laws trump privacy rights in this case, argues Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed an amicus brief opposing the judge’s injunction against Wikileaks. "The information was already out there and the bank wanted to force everyone who had a copy of it to pull it down."

Perhaps the more salient point going forward, Zimmerman says, is that consumers are more wary of what Internet provider or domain registrar they choose and to make sure those companies protect free speech rights.

In their suit, Julius Baer’s attorneys sued Wikileak’s domain registrar, Dynadot LLC in San Mateo, for hosting the site. The small start-up agreed in a Feb.14 court stipulation to all of the bank’s demands to disable the site and prevent its transfer to another server, in exchange for getting the case against them dismissed.

"This is part of the reason why Congress has passed laws to get the intermediary out of the way," Baer said. "Dynadot was never liable for the information its user posted. It’s unfortunate that they apparently didn’t know the law well enough and decided to fold."

Dynadot lawyer Garret Murai denied that his client had agreed to all of the bank’s terms. "The court’s order to remove the domain name settings is not something we wanted to do," he said. "We did not agree to that."

David Ardia, an Internet law expert at Harvard, says even in the US, which has long established First Amendment protections, the threat of lawsuits against Web sites such as Wikileaks still lingers.

The power of an individual judge to bring down a Web site still remains, he says, but not if sites can function on international servers outside US jurisdiction.

Most online bulletins or blog posts allow people to post comments and remain anonymous, but not to the point where governments can’t find out who they are. What makes Wikileaks formidable, some say, is its software’s ability to cover the tracks of its users.

Peter Scheer, executive director of the California First Amendment Coalition, says time will tell whether the Wikileaks site can prove its mission to covertly leak information and should never have been silenced in the first place.

"As we as a society become increasingly dependent on the Internet as a source of information, the vulnerability of the Web site to that kind of action is something to fear," he said. "So when it happens, it’s important to draw maximum attention to it, to go into court with all guns blazing."

From the stand, White conceded the problem with pursuing a case against an anonymous entity such as Wikileaks, which has no official representation and whose chief players remain invisible.

Then he questioned the effectiveness of trying to control leaked documents, even if those responsible had somehow violated personal privacy rights: "When this genie gets out of the bottle, it’s out in the world."

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Freedom of Information: More sunshine — easily and at no cost

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Imagine sitting at home — or in your office, or in your favorite café — and listening in on what are now secret, backroom policy discussions and decisions in the San Francisco mayor’s office. Imagine having access to an immediate transcript of the talks. Imagine being able to read internal e-mail discussions among city staffers about issues that affect you — without ever filing a public records request. In fact, imagine never having to file another written request for public documents; imagine just going to a city Web site, entering a search term, and finding all of the records yourself.

Imagine filing a complaint with a city agency and tracking the issue, minute by minute, as it works its way through the system.

Imagine listening on your cell phone to any policy body as it meets in city hall.

All of this is possible, today. Much of it is not only consistent with but actually required by local law. And it won’t cost the city more than a modest amount of money.

Transparency is a common buzzword during this presidential campaign; the Barack Obama campaign has even issued a white paper describing policy and technological ways to embrace it. He’s talking about live Internet feeds of meetings about significant issues involving executive branch appointees as well as for those of regulatory departments (a program that would go far beyond what you see on C-SPAN).

So there’s no reason San Francisco can’t take the lead in using technology — generally simple, off the shelf, existing technology — to dramatically increase sunshine at City Hall and public participation in local government.

Proposition G, the city’s 1999 sunshine law, mandates that San Francisco use "all technological and economical means to ensure efficient, convenient and low cost access to public information on the Internet." Here are five easy ways to do that:

1. Fully adopt the voyeur concept for city meetings. This is the idea that the public should be able to observe and engage in government decision making — all government decision making.

All policy meetings in City Hall should at the very least be broadcast as audio on the Web and available via phone teleconference. In other words, the meetings should be streamed online, and that stream should be accessible by calling a free conference line. This is already standard practice in the business world and is working well for many investors in public companies that disclose financial information in compliance with Securities and Exchange Commission rules. It can be done for little or no cost with services like blogtalkradio.com, skype.com, freeconferencecalls.com, and webex.com.

Today only a limited number of public meetings are broadcast, mostly because the only outlet is SFG-TV and resources are limited. But audio streaming is a no-brainer — there’s no need for a staffer to control cameras, the microphones are already set up, and these days just about every room has a speakerphone.

Currently, the SFG-TV video coverage isn’t posted on the city’s Web site, sfgov.org, until two or three days after a meeting. That’s too long; the audio should be made immediately available online. And the Internet URL and dial-in options should be listed on the meeting agenda so that news media and citizen bloggers can instantly refer back to the URL with timecodes to point out specifics, and include them in their stories and blog postings.

With streaming, you can follow along in real time when you are stuck at home taking care of a sick relative, or at the office listening with headphones, or you are disabled and can’t cross town to attend in person.

The city already has a great contract for real time captioning — the text you see at the bottom of the screen for video. It’s not 100 percent accurate, but it’s pretty decent. That could be expanded to cover streaming audio, and the text could be computer translated (or translated by bilingual typists) into other common languages. The advantage of media integrated with RTC is that specialized search engines like blikx.com and everyzing.com can be used to find relevant phrases and begin playback directly at that spot. And transcriptions can be posted online in real time (somewhat like live blogging!) so that if you are late for a meeting you can quickly scan what has already transpired, and by the end of the meeting you will effectively have a draft of minutes. That saves a lot of staff time and provides an immeasurably more useful historic record.

Today, video recordings of city meetings can’t be downloaded — the only way to review it or post a clip to YouTube is to order a $10 DVD, which arrives a week after you send a check (and no, they don’t take PayPal). And while many other city meetings make audio recordings, you have to pay $1 for an audio tape and pick it up during business hours or pay more for postage. They all should be available as free podcasts.

The SFG-TV video shows more than just the speakers and officials; there are other angles, and they ought to be available too. It’s important to know who attended the meeting but never said anything, who greeted whom, and even who ignored whom.

2. Let the public do the broadcasting. All City Hall meeting rooms should provide wi-fi (and electrical outlets), and the system ought to have enough speed to allow bloggers or activists to upload high-quality video broadcasts of meetings that SFG-TV can’t afford to cover. It can be done using existing services like Justin.tv, Upstream.tv, and live.yahoo.com. This would also allow live blogging — and let people preparing to testify on an issue have access to the Web to do research on the spot. If the room had a projector and a screen, people who were unable to attend the meeting could still comment, either through video or just by posting text messages that the decision makers could read.

The audio broadcasting of meetings should be expanded to include all meetings between the mayor (or supervisors) and city staff. The law already requires public access to so-called passive meetings — those between the mayor or department heads and outside parties that influence city policy.

3. Make public most city emails and other documents as soon as they are produced.

San Francisco city employees produce thousands of records a day — e-mails, memos, reports, etc. — and the vast majority of them are and should be public record. But many are deleted and others never see the light of day. When a member of the public asks for all the records on a topic, just finding those documents can be a sizable task.

But it’s technologically simply to solve that problem: every time a city employee produces a document, the computer system should automatically send a back-up copy to a public web server. That way nothing would get lost or erased, and anyone looking for public information could simply go to that site and search for it him or herself.

For e-mails sent by city staff, one way might be to CC (carbon copy) an online message board (for example Google or Yahoo groups, which would be available at no cost to the city). Other approaches for instant messages, text messages and voicemails could be adopted as well. The Palo Alto City Council is already doing something like this for a narrow collection of e-mails (although not in real time).

We all know there are some city communications that must remain private or be redacted — for example Attorney Client discussions or human-resource conversations regarding personnel. But there are simply ways to make sure those stay confidential: one approach might simply have the user tick a flag or answer a Yes/No Possible Redaction popup when the message is sent. Certain employees — like the people who handle sensitive employee health records and certain litigators in the city attorney’s office — could have software that defaults to a confidential server.

The added advantage, of course, is that the computers could also make a record of the title and date of every confidential document — and that information could be made public. If a dispute arose over whether the city was improperly withholding records, the public would at least know that certain documents existed.

All city files could be stored on network drives (not on local drives) with one location for default public files that would not allow overwriting or deletions and would be mirrored to a Web server and another drive for the few that may require redaction first.

4. Save all the old records. After a very embarrassing lawsuit that is threatening the Missouri governor’s job, that state in January adopted an email retention system that preserves all email for at least seven years (based on federal requirements for financial records). And e-mail/instant message/text/fax retention systems are standard practice now in the financial industry (Morgan Stanley lost a $1.45 billion judgment because the company failed to preserve e-mail).

In fact, we all know storage continues to get cheaper and smaller — so San Francisco should abolish any retention timeframes for electronic records and keep them all into the foreseeable future. The world-famous Internet Archive is right here in the Presidio: I suspect that group would love to archive all the city information, and keep it online, free and forever.

When paper documents are part of the public record, they should be scanned and converted to text and posted within two days. This would include discussions between staff and individual members of policy bodies and the creation of the draft agenda and supporting materials as they are obtained.

All these methods would significantly reduce the number of public records requests to the city staff and thus save the city money.

5. Make calendars public — and keep communications public. Mayor Gavin Newsom won’t provide detailed daily calendars — even after the fact, when there is no possible security reason for keeping his workday itinerary secret. All top officials should post their calendars on the web so the public can track what they are doing.

The city needs to adopt a global policy that city business should be performed on city devices (computers, email accounts, phones) whenever possible — and when city employees or officials use their own computers or hand-held communications tools, those should be forwarded immediately to the city system and made public.

San Francisco has one of the best local Sunshine laws in the country — and at a time when activists at every level are looking for ways to use technology to expand public access, the city should be in the forefront. All it takes is some political will.

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Here are some more ways that the city could use technology to improve public access:

1. Use a program like govtrack.us to follow legislative changes.

2. Explore ways to bring nonprofits that perform traditional government services under sunshine laws.

3. Significantly improve the city’s Crimestats system (more real-time allow alerts for crimes near you) – google mashup et al. See http://chicago.everyblock.com/crime/

4. Embrace e-rulemaking technology – similar to federal rulemaking use technology to get ideas online and generate more participation for those who can’t show up in a meeting.

5. Require the Police Department to issue press credentials to bloggers.

6. Fund a few open-government lawsuits to expand the boundaries on access to public records (the law provides for attorney’s fees if the suit is successful).

7. Require city agencies to post the method for obtaining public records online. Require posting of all negative determinations on home pages.

8. At budget time, mandate that each agency provide statistics as determined by SOTF on sunshine responsiveness.

9. Require an assessment of sunshine compliance as a mandatory item for all Financial/Management audits.

10. Televise SOTF and Ethics Commission formal hearings.

11. Require active Ethics investigative files to be open.

12. Embrace fully the much-improved but incomplete example of posting online all interactions as part of large contract negotiations – as was partially done with TechConnect.

13. Host accounts payable/receivables online with the scanned images of invoices paid.

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Freedom of Information: Sunshine experiment in Palo Alto

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The Palo Alto City Council is conducting a unique experiment in its efforts to comply with the Ralph M. Brown Act, which requires government bodies to conduct business in a public way.

Palo Alto now posts e-mails from council members on the city’s Web site (www.cityofpaloalto.org/council), providing easy access to all with Internet capabilities. The e-mails were first posted online following a 2003 settlement of a Brown Act lawsuit against the city of Palo Alto by two local newspapers — Palo Alto Weekly and The San Jose Mercury News.

Eight private e-mails were in question, disclosing the votes of a closed city council session, and while the city never admitted guilt in vioutf8g the Brown Act, language in the settlement established the practice of posting council e-mails on the Web site and making them available in council agenda packets prior to meetings.

Peter Scheer, executive director of the California First Amendment Coalition, questions the merits of the system.

"Some people would look at this and think it is a giant and serial violation of the Brown Act — but I wouldn’t necessarily say that," Scheer told the Guardian, noting that the prohibition on serial meetings bans such an approach. But he said that this is an interesting experiment, as long as council members don’t deliberate by e-mail. But assistant city manager Emily Harrison told us the messages avoid Brown Act violations by sticking to basic questions about agenda items, which the public can scrutinize.

The city of San Francisco has no such system in place, and e-mails to and from the Board of Supervisors is available only through direct request. Frank Darby, the city’s Sunshine Ordinance Task Force administrator, said that the city had never looked into putting one in place.

"We are not required to post e-mails [under the Sunshine Ordinance]," Darby said. However, he added, the city "constantly monitors" itself to ensure that it is in accordance with the Sunshine law. "There may be some people who disagree and feel that maybe we should put every e-mail online — but currently the Sunshine Ordinance does not require that e-mails be made available online."

Freedom of Information: Battleship metadata

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› sarah@sfbg.com

On Valentine’s Day, Assemblymember Jose Solorio (D-Santa Ana) introduced Assembly Bill 1978, legislation that seeks to define computer mapping systems and make them available to commercial interests at a fee — a one-two punch that freedom of information advocates fear constitutes a serious blow to the California Public Records Act.

Noting that computer mapping systems, computer programs, and computer graphic systems do not constitute public records under current law, Solorio’s bill seeks to amend the CPRA to define computer mapping systems to include "assembled model data, metadata, and listings of metadata, regardless of medium, and tools by which computer mapping systems are created, stored, and retrieved."

AB 1978 would also allow "commercial interests, who are most benefited by these systems, to obtain the portion of these systems developed by a public agency, at a fee designed to offset the agency’s cost of maintenance for the computer mapping systems."

But Oakland-based Bruce Joffe, who works as a geographic information consultant to cities, counties, and state agencies in California, warns that AB 1978 would allow public agencies to charge the public more for this data than the cost of duplication.

"It would severely weaken the CPRA and reduce the public’s access to government records," said Joffe, noting that as the law currently stands, CPRA requires state and local agencies to make their records available and, upon request, to provide copies on payment of any applicable fee.

Solorio aide Hazel Miranda told the Guardian that the intent of the bill is to protect software, not to restrict access to information.

"Our intent is to protect the software, not to restrict the information that is given out on it," Miranda said, noting that the bill’s sponsor is the government of Orange County. "The concern was that a lot of corporations were taking this information — and when the information is given out, you have to give out the software, too — and using it to their own benefit."

Joffe, who was the California First Amendment Coalition’s technical advisor when CFAC successfully sued Santa Clara County over access to the county’s tax maps, disagrees.

"When you give information out, you are not giving out software, you are giving out data in export format," said Joffe, who believes Solorio wants to change the law so that AB 1978’s sponsor, Orange County, which has sold its tax maps for $400,000 in the past, can continue to sell its data.

Holly Fraumeni, the AB 1978 lobbyist with the well-connected firm Putf8um Advisors, deferred questions to Bruce Matthias of Orange County’s legislative affairs, who told us, "The County of Orange has never disagreed on sharing public data. We are not trying to hide data down here. If you want it on a disk, we charge 25 cents. All we are doing is updating language in the bill. Our exclusive intent is to protect the software we’ve developed." Records show Orange County paid Putf8um Advisors $60,000 between October 1 and December 31, 2007.

CFAC executive director Peter Scheer believes AB 1978 is an attempt to take the information that CFAC has tried to make freely available and put it back under lock and key, so that it is proprietary information that can be sold.

Recalling how, years ago, the only way you could see a county’s tax maps was as an engineer’s rendering on paper, Scheer observed that when this data is computerized and made publicly available, "individuals and businesses can create all kinds of valuable tools or simply post the raw data on the Internet."

Blair Adams, chief consulting officer at San Francisco’s Department of Technology and Information Services, says the city’s GIS data has been publicly available for five years.

"We have no intent to change that," Adams said. "Our motto is ‘Go have it, and help us make it better.’<0x2009>"

But while San Francisco treats this data as a public record and copies it for the price of a blank DVD, Santa Clara and Orange counties have treated it as a revenue generator.

"They charge an arm and a leg, and another arm and leg, and whatever other appendages they can think of," said Scheer, noting that Santa Clara County charges $100,000 for a full base map of its real estate parcels — data that can be used to determine whether properties are assessed correctly, and whether pothole repairs are carried out equitably.

"Likely clients willing to purchase this data would be utilities, phone companies, and developers, who can’t do without it," Scheer said. "But public health and safety departments need access to it, too."

Joffe agrees, and it’s something he has plenty of experience with. He helps cities and counties create geographic information systems that allow ambulances to take the most efficient routes, the Department of Public Works to carry out better capital improvements, and the police to conduct better crime analysis.

"Every department uses it, and because it’s in the government system, therefore it is a public record, and the public has the right to access those records at no more cost than it takes to duplicate them," Joffe said. He added, "If AB 1978 passes, we’ll lose considerable access."

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Freedom of Information: A citizen’s guide to fighting secret government

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San Francisco has the best local sunshine law in the country — and there are still problems getting access to information. Even though the digital age in which we live affords government agencies with myriad ways to give citizens more access to public documents, there is too often little official will to create transparency. And often, bureaucrats are downright hostile to public scrutiny. But help is out there. This guide to local and national organizations offers a wide range of resources for journalists, citizen activists, and hell-raisers who want to track their tax money and hold their government accountable.

LOCAL ORGANIZATIONS


The California First Amendment Coalition is an independent, nonpartisan, nonprofit organization whose mission is to "promote and defend the people’s right to know" by improving compliance with state and federal access laws. CFAC’s Web site contains an archive of articles dealing with FOI issues, the texts of state FOI laws, and other useful resources. 534 Fourth St., Suite B, San Raphael, CA 94901. (415) 460-5060, cfac@cfac.org, www.cfac.org.

The California Newspaper Publishers Association is the umbrella organization to which most newspapers in the state belong, so it has an acute interest in open government. Its FOI Watch newsletter (also available online) includes a clearinghouse of sunshine news from around the state. 708 Tenth St., Sacramento, CA 95814. (916) 288-6015, tom@cnpa.com (general counsel Thomas Newton), www.cnpa.com.

Californians Aware, run by former CFAC general counsel Terry Francke, helps activists and organizations get access to public meetings and records and offers resources on the Web for citizens, public officials, journalists, and attorneys. 2218 Homewood Way, Carmichael, CA 95608. (916) 487-7000, info@calaware.org, www.calaware.org.

The Center for Investigative Reporting sponsors workshops on investigative techniques for journalists and university students. The center’s Web-based magazine provides FOI information, tips for journalists, and updates on past CIR investigations. 2927 Newbury St., Suite A, Berkeley, CA 94703. (510) 809-3160, center@cironline.org, www.muckraker.org.

The DataCenter provides on-call research, consultation, and referrals to justice organizations regarding FOI issues. It also offers research and action training. Services are free or on a sliding scale, depending on one’s ability to pay. 1904 Franklin St., Suite 900, Oakland, CA 94612. (510) 835-4692, ext. 376, www.datacenter.org.

The Electronic Frontier Foundation, an online First Amendment organization, works to uphold digital free speech, empower the online public, and protect privacy on the Internet. It provides stories and alerts on its Web site, with daily updates. Effector, an e-mail newsletter, is available through the site. 454 Shotwell St., S.F., CA 94110. (415) 436-9333, information@eff.org, www.eff.org.

The First Amendment Project is a public interest law firm that provides legal representation, educational programs, and low-cost or free advice for journalists, public interest organizations, and individual citizens with public records and FOI-related issues. In a joint publication effort with the Society of Professional Journalists, the project offers three free pocket guides, on the Brown Act, California’s Open Meeting Law, and accessing court records. The Web page has information on using the California Public Records Act as well as on getting court records. 1736 Franklin St., 9th floor, Oakland, CA 94612. (510) 208-7744, fap@thefirstamendment.org, www.thefirstamendment.org.

Media Alliance is a nonprofit media center that offers classes on journalism skills, including how to find and use public records. 1904 Franklin St., Suite 500 Oakland, CA 94612. (510) 832-9000, information@media-alliance.org, www.media-alliance.org.

The Society of Professional Journalists, Northern California Chapter, FOI Committee fights for open access to information and educates members of the public on FOI issues. The group provides a subscription e-mail list for journalists and others involved in FOI and First Amendment issues in California as well as putting on the James Madison FOI Awards. 222 Sutter St, 6th Floor, San Francisco, CA 94108 (415) 321-1700, www.spj.org/norcal.

NATIONAL ORGANIZATIONS


The Brechner Center for Freedom of Information conducts research and educates the public in mass-media law and the First Amendment, including public access to government meetings and records and litigation information. University of Florida, College of Journalism and Communications, 3208 Weimer Hall, P.O. Box 118400, Gainesville, FL 32611-8400. (352) 392-2273, www.jou.ufl.edu/brechner.

The Center for National Security Studies works with concerned citizens and groups to expose secret government policies and offers free assistance to those seeking records under the Freedom of Information Act. It also coordinates related litigation. 1120 19th St. NW, 8th floor, Washington, D.C. 20036. (202) 721-5650, cnss@cnss.org, www.cnss.org.

The FOIA Blog, created by an FOIA Washington attorney, has an updated list of documents currently being released by several government agencies infoprivacylaw@yahoo.com, www.thefoiablog.typepad.com.

The Freedom of Information Center of the University of Missouri School of Journalism has a collection of more than one million articles and documents about access to information at the local, state, and federal levels. The center works to ensure compliance with sunshine laws around the country. Its Web site contains links, updates, and tips on FOI inquiries. A free e-mail newsletter provides information on developments in FOI access and issues; you can sign up by contacting umcjourfoi@missouri.edu. University of Missouri, 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, daviscn@missouri.edu, www.missouri.edu/~foiwww.

GovernmentDocs allows people to browse and search thousands of pages acquired through the FOIA and sunshine laws. Registered users can review and comment on documents. www.governmentdocs.org

GovTrack provides information on the U.S. Congress. It compiles information on federal legislation, voting records, and other congressional date and simplifies the language for ordinary citizens. It also indexes all bills, as well as changes to them, in Congress and all roll call votes www.govtrack.us.

Investigative Reporters and Editors provides educational services for investigative reporters and editors. The group’s Web site offers FOI-related resource guides, a database of FOI stories, tips for using the Freedom of Information Act, and a database of previous FOI requests. University of Missouri School of Journalism, 138 Neff Annex, Columbia, MO 65211. (573) 882-2042, www.ire.org

The National Freedom of Information Coalition is composed of First Amendment organizations dealing with FOI issues. It provides resources for the media, government officials, lawyers, and citizens who want access to public information. The coalition also offers seminars and workshops to media professionals, attorneys, academics, students, and the public on FOI issues and helps nurture start-up FOI groups and Internet sites. Its Web site offers links to relevant legislation and organizations state by state, as well as an Internet mailing list, FOI-L. 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, cdavis@nfoic.org, www.nfoic.org.

OMB Watch is a member of the Public Access Working Group, a coalition of organizations promoting greater access to government information. OMB Watch offers an online newsletter, OMB Watcher, available on its Web site or by e-mail, which typically includes articles on FOI issues. To subscribe to the weekly e-mail version, e-mail join-ombwatcher@lyris.ombwatch.org. 1742 Connecticut NW, Washington, D.C. 20009. (202) 234-8494, www.ombwatch.org.

The Project on Government Secrecy is an advocacy and public education project of the Federation of American Scientists. The project has an extensive archive and provides regular news updates through its Web site and e-mail newsletter, Secrecy News. 1725 DeSales Street NW, 6th floor, Washington, D.C. 20036. (202) 454-4691, www.fas.org/sgp/index.htm.

Project Vote Smart provides information on local, state, and national candidates, including voting records, issue positions, campaign contributions, phone numbers, and mailing addresses. The database is accessible by calling the toll-free hotline at 1-888-VOTE-SMART. 1 Common Ground, Phillipsburg, MT 59858. (406) 859-8683 comments@vote-smart.org, www.vote-smart.org.

The Radio-Television News Directors Association is the world’s largest professional organization devoted to electronic journalism. It lobbies for cameras in courtrooms and strong FOI laws and provides coverage of FOI issues on its Web site. 1600 K St. NW, Suite 700, Washington, D.C. 20006. (202) 659-6510, www.rtnda.org.

The Reporters Committee for Freedom of the Press operates the 24-hour FOI Service Center at 1-800-336-4243 to answer emergency questions from journalists and others with open-records problems. 1101 Wilson Blvd., Suite 1101, Arlington, VA 22209. (703) 807-2100, rcfp@rcfp.org, www.rcfp.org.

The Society of Professional Journalists advocates for open access to information and educates members of the public on FOI issues. The society’s Web site has an FOI section with extensive links to resources and information, including a list of FOI advocacy organizations. 3909 N. Meridian St., Indianapolis, IN 46208. (317) 927-8000, questions@spj.org, www.spj.org.

State Sunshine and Open Records shares information, guidance and advice on developments and news about open records at the state and local level. They also have an extensive list of links to other sunshine blogs. www.openrecords.wordpress.com.

The Student Press Law Center works with the Reporters Committee for Freedom of the Press to cover FOI and other First Amendment issues reutf8g to high school and college journalists. It offers free advice, lawyer referrals, and analysis. 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209. (703) 807-1904, admin@splc.org, www.splc.org.

The Sunlight Foundation develops a database to ensure transparency in government and fiscal accountability. They digitize new info and provide access to existing information. 1818 N Street NW, Suite 410, Washington, D.C. 20036, (202) 742-1520. www.sunlightfoundation.com.

WikiFOIA helps people understand the FOI Act on a state and federal level by providing a how-to-guide about open records requests, as well information on how to make that request. www.wikifoia.pbwiki.com.

INTERNATIONAL ORGANIZATIONS AND RESOURCES


The Guardian Web site has extensive information and links concerning international press-freedom issues. For details on journalists under fire, including frontline dispatches and reports from the battle to keep the world safe for journalists, go to www.sfbg.com/journalists/. For updates, dispatches, and links to national and international FOI groups, go to www.sfbg.com/FOI.

The UK FOI Blog provides a glimpse into how FOI issues are dealt with across the pond by listing news and developments on FOI in Great Britain. www.foia.blogspot.com.

Local government resources

The Government Information Center, on the fifth floor of the San Francisco Public Library’s Main Branch, stocks public documents published by the city. These include annual reports for committees and departments, minutes and agendas of official meetings, environmental impact reports, and city audits, ordinances, and resolutions. San Francisco Public Library, 100 Larkin St., S.F., CA 94102. (415) 557-4500, www.sfpl.org.

The Oakland Public Ethics Commission responds to complaints and holds hearings on possible violations of the city’s Sunshine Ordinance. Records, tapes of the commission’s meetings, agendas, and minutes can be picked up at the commission’s office. 1 Frank Ogawa Plaza, 4th floor, Oakland, CA 94612. (510) 238-3593, ethicscommission@oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

The Office of Information and Privacy, U.S. Department of Justice, provides online versions of frequently requested records, opinions, policy statements, and guides to the Freedom of Information Act. The guides include detailed instructions for filing FOIA requests, average response times for different governmental offices, and a wealth of other useful information. The text of the FOIA is available on the office’s Web site. 1425 New York Ave., Suite 11050, Washington, D.C. 20530. (202) 514-3642, www.usdoj.gov/oip/oip.html.

Public Access to Court Electronic Records is an online database of court records and decisions. Web access is 8¢ a page, and requires registration through the Web at www.pacer.psc.uscourts.gov. P.O. Box 780549, San Antonio, TX 78278. 1-800-676-6856, pacer@psc.uscourts.gov.

The San Francisco Ethics Commission monitors and enforces the Sunshine Ordinance and the city’s governmental-ethics, campaign-finance, and lobbyist-reporting laws. Individuals can file complaints regarding violations of the Sunshine Ordinance. The commission meets the second Monday of each month at 5:30 p.m. in City Hall, Room 408. 25 Van Ness, Suite 220, S.F., CA 94102. (415) 252-3100, ethics.commission@sfgov.org, www.sfgov.org/site/ethics_index.asp.

The San Francisco Law Library is open to the public, though only government officials, state bar members, and judges can check out items. Main reference library: Mon.-Fri., 8:30 a.m.-5 p.m., Veterans War Memorial Building, 401 Van Ness, Room 400, S.F. (415) 554-6821. Courthouse reference room: Mon.-Fri., 8:30 a.m.-4:30 p.m., 400 McAllister, Room 512, S.F. (415) 551-3647. Financial District branch: Mon.-Thurs., 9 a.m.-9 p.m.; Fri.-Sat., 9 a.m.-5 p.m.; Sun., noon-4 p.m., 685 Market St., Suite 420, S.F. (415) 882-9310, www.ci.sf.ca.us/site/sfll_index.asp.

The Sunshine Ordinance Task Force oversees compliance with San Francisco’s sunshine law by investigating complaints from individuals who believe city officials have withheld records or conducted meetings in violation of the law. The task force meets the fourth Tuesday of each month at 4 p.m. City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244 (meetings held in Room 408), S.F. For complaint forms and other information call (415) 554-7724 or go to http://www.sfgov.org/site/sunshine_index.asp

PUBLICATIONS


The California First Amendment Coalition publishes the California Journalist’s Legal Notebook, a handy guide to the legal issues surrounding telephone interviews, press passes, gags on sources, and other journalism-related topics ($36.25, $30.88 for CFAC members, shipping included). Also by CFAC is The New Brown Act: How the Open Meeting Law Has Been Revised ($12.75, $7.39 for CFAC members, shipping included). (415) 460-5060.

The Oakland Public Ethics Commission publishes a free brochure, How to Notice a Public Meeting under the Oakland Sunshine Ordinance and the Brown Act, useful for making sure a public meeting follows the requirements of the Brown Act. (510) 238-3593, (510) 238-6620, ethicscommission@Oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

Access to Courts and Court Records in California, Open Meeting Laws in California, and The California Public Records Act are free, convenient, quick-reference guides published by the Society of Professional Journalists, Northern California Chapter, and the First Amendment Project. (510) 208-7744, www.thefirstamendment.org/freepress.html.

The ACLU Freedom of Information Project publishes Using the Freedom of Information Act: A Step-by-Step Guide (#4002, $3) and Your Right to Government Information (#1190, $5.95), which covers a broader range of topics, including how to get into public meetings. Both publications can be ordered online through the ACLU’s e-store or by phone. ACLU Publications, P.O. Box 4713, Trenton, NJ 08650-4713. 1-800-775-2258, www.aclu.org.

The Government Printing Office publishes The Freedom of Information Act Guide and Privacy Act Overview ($63), a 986-page guide to the FOIA produced by the Justice Department. It can be ordered by phone at 1-866-512-1800 or online at bookstore.gpo.gov. The Citizen’s Guide is available in its entirety online at www.fas.org/sgp/foia/citizen.html.

The Freedom of Information Clearinghouse Guidebook is a free brochure about making FOIA requests and appealing agency decisions. It’s available online through the Freedom of Information Clearinghouse. www.citizen.org/litigation/free_info/index.cfm.

Paper Trails: A Guide to Public Records in California ($12.89), written by Stephen Levine and Barbara Newcombe, is published by the Center for Investigative Reporting and supported by the California Newspaper Publishers Association. It can be ordered from the CIR. An abridged, online version is coming soon. 2927 Newbury St., Suite A, Berkeley,, CA 94703. (510) 809-3160, www.centerforinvestigativereporting.org/

The fourth edition of the Investigative Reporters’ Handbook ($61, $51 for Investigative Reporters and Editors members), by Steve Weinberg, Brant Houston, and Len Bruzzese, is a comprehensive and accessible guide for novice and experienced journalists that shows how to locate and use more than 500 sources of public information. (573) 882-3364, www.ire.org/store/books.

The Reporters Committee for Freedom of the Press supplies a wealth of publications on public access and other First Amendment topics. How to Use the Federal FOI Act ($5) is a handbook on FOI rights, with instructions for appealing if your request is denied, and includes sample letters. The First Amendment Handbook ($7.50) is a journalist’s pocket guide to FOI issues. Two guides — Judicial Records: A Guide to Access ($3) and Access to Electronic Records ($5) — analyze state laws and decisions regarding access to legal records and government electronic data. Tapping Officials’ Secrets is a set of guides to state public records and open-meeting laws ($10 a state). The News Media and the Law is a quarterly magazine that includes updates on legislation pertinent to FOI ($30 a year for four issues). Some of these publications are available in their entirety online; all can be ordered online. 1-800-336-4243, www.rcfp.org.

The second edition of Law of the Student Press ($18) is a vital handbook for student newspapers. It’s extensively annotated but avoids legalese and tries to bring the law to life for students and educators. The Student Press Law Center also publishes Covering Campus Crime, Third Edition ($2) and the Student Press Law Center Report ($15 for three issues a year). (703) 807-1904, www.splc.org.

Citizen Muckraking: How to Investigate and Right Wrongs in Your Community ($9) offers advice on writing press releases, conducting interviews, and using the FOIA. The book, a collaborative effort by the Center for Public Integrity, is available through Common Courage Press. 1-800-497-3207, www.commoncouragepress.com

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Freedom of Information: 2007 James Madison Award winners

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Click here for details on the First Amendment Awards Dinner.

Norwin S. Yoffie Career Achievement Award

DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)


If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle.

Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s.

In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking.

More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism.

Beverly Kees Educator Award

CLIFF MAYOTTE


Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists."

The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show.

After an introduction to Documentary Theatre — a form he described as "oral history turned into performance" — the group selected a topic that was important to them, giving birth to the "Censorship Project."

The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance.

Professional Journalists

WILL DEBOARD


"Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful.

So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true."

The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career.

THOMAS PEELE


Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000.

ROLAND DE WOLK


KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest.

De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes.

"We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk.

But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said.

"Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators.

Broadcast News Outlet

KGO-TV


When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush.

"It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which."

Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over.

Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government."

Print News Outlet

SACRAMENTO BEE


The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories.

"We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening."

Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories.

Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners.

In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories."

Community Media

THE BERKELEY DAILY PLANET


One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001.

The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records."

Special Citation Award

CHAUNCEY BAILEY PROJECT


After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project — the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona — can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey.

Public Official

MARK LENO


It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade.

Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law.

So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web — and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it.

That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem.

"It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage."

Library

UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT


It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job.

As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections.

The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country.

Legal Counsel

RACHEL MATTEO-BOEHM


Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data.

The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it.

Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us.

Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public — and other counties with similar data, seeing the results of the suit, are following that rule.

The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye."

Whistleblower

DAN COOKE


When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park — where he’d been working as an historical interpreter for over a decade — was foremost on his mind. But he lost his job after the story was published — apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job.

Citizen

SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)


SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect — city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days.

"Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment."

Electronic Access

CARL MALAMUD, PUBLIC.RESOURCE.ORG


For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system.

Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 — all for access to supposedly public information.

Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge.

THE SOCIETY OF PROFESSIONAL JOURNALISTS
NORTHERN CALIFORNIA CHAPTER presents the 23RD ANNUAL JAMES MADISON FREEDOM OF INFORMATION AWARDS DINNER

MARCH 18, 2008
NEW DELHI RESTAURANT
160 ELLIS STREET
SAN FRANCISCO
No-host bar @ 5:30 p.m.
Dinner/Awards @ 6:30 p.m.

TICKETS:
$50 SPJ members & students
$70 General public
For more information, contact David Greene (dgreene@thefirstamendment.org)

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World of echo

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It’s been 20 years since My Bloody Valentine released their breakthrough album, Isn’t Anything (Creation) — long enough for it to be wound up in a younger generation’s musical DNA. For how frequently the band is referenced by both musicians and critics, the rich double-sidedness of MBV’s peculiar attack often gets simplified as "swooning" and "ethereal." Erstwhile Deerhunter vocalist Bradford Cox is one of the few shoegaze suitors who seems clued in to the searing — and often distressing — tensions that distinguish My Bloody Valentine from followers like Slowdive and Ride. In Let the Blind Lead Those Who Can See But Cannot Feel (Kranky), his first official release as Atlas Sound, Cox has worked out an exquisite combination of shoegaze and laptop pop, a fucked-up beauty waiting to be adored.

A self-described "queer art punk," the young Atlantan first turned heads for his Internet indiscretions and outré performances with Deerhunter. The words Cox used to describe author Dennis Cooper in ANP Quarterly may as well be his own propulsive mantra: "The only thing he does to infuriate so many people is to write honestly, expressing things that most people would prefer to stay far under the surface."

While Cox’s transgressions have previously edged up to mawkishness, Let the Blind channels his confessional tendencies into a newly retrospective shape. Atlas Sound’s source material, aesthetic means, and subject are inextricable from one another in the same manner as Jonathan Caouette’s first-person film, Tarnation (2003). Much glitchier than Deerhunter’s Cryptograms (Kranky, 2007), the Atlas Sound home recordings are almost exclusively about the soul-baring, delicious isolation of being alone in your adolescence. Cox has described "Quarantined" as being about children with AIDS, though the main refrain, "I am waiting to be changed," resonates with Morrissey-like wistfulness.

The music on Let the Blind drifts uneasily between bliss and terror, the heavily doctored mélange of glockenspiels and guitars conjuring a narcoleptic glow. Drone pieces like "Small Horror" and "On Guard" concentrate on specific intense emotions, while fuller arrangements like "River Card" and "Bite Marks" entangle youthful romantic obsession in soft-hewn bass melodies and howling vocals. The shoegaze textures may be Cox’s equivalent of Proust’s madeleine, but it’s in the treated, divested vocal tracking that Let the Blind achieves its deepest immersions.

On "Winter Vacation," the chords seem to be pulling each other apart, reaching for different resolutions — so too with the rest of the album’s balancing act of sensuousness and numbness — though never so far apart as we think. Cox has written extensively about aiming for catharsis on his heavily trafficked blog, but Let the Blind comes off more as a prismatic refracting of past intensity and indolence. It’s teenage confusion done in Technicolor, and that ought to be enough to change more than a few kids’ lives.

ATLAS SOUND

With White Rainbow and Valet

Sat/8, 10 p.m., $10

Bottom of the Hill

1233 17th St., SF

www.bottomofthehill.com, deerhuntertheband.blogspot.com