The bursting of the tech-stock bubble didn't change the fact that the much-hyped "new economy" had some basis in fact, according to this article in Wired. Fundamental changes in the US economy meant that the productivity gains of the boom 90s were at least partly independent of cyclical change, and as a result the recession was not as severe or long-lasting as it might have been, the article says. I'm no economist (though I did take Econ 101 back in my poli sci days), and this article was interesting reading, especially considering other economies, like Japan's, are still in the doldrums.
Couple sues MTV for US$10M over prank (Apparently set up as part of a as-yet unbroadcast program, the prank involved the unsuspecting couple discovering what was apparently a bloody dead body in their hotel room, then being confronted in some fashion by actors posing as hotel security as hidden cameras recorded their shock. Unamused, the couple filed suit against the network and the hotel.)
Killer bees improve coffee crop (Seriously: Although the coffee plant is self-pollinating, African bees introduced to South America provide a big help, increasing yields by as much as 50% and improving flavor to boot. The "killer" bees are no more venomous than their North American counterparts but more agressive and tenacious in pursuing targets.)
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teleport over
Lots of juicy review goodness today at Teleport City, a site that celebrates kung-fu, horror and exploitation films, lounge music, hardcore, Japanese rockabilly, and generally swanky stuff.
In my comments here and there, I cite an interesting op-ed piece in the Washington Post that summarizes my concerns quite nicely and points out an obvious solution that I fully support. Julian Epstein, former Democratic chief counsel to the House Judiciary Committee, notes that a 1942 Supreme Court decision that upheld Presidential power to suspend civil liberties noted that such power stemmed not so much from the existence of either a state of war or even a declaration of war but by explicit statutory power granted by Congress:
[by] the Articles of War, and especially Article 15, Congress has explicitly provided, so far as it may constitutionally do so, that military tribunals shall have jurisdiction to try offenders or offenses against the law of war in appropriate cases
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However, the Supreme Court left unanswered the question as to whether such power exists in the absence of specific authorization by Congress:
[it was] unnecessary for present purposes to determine to what extent the President as Commander in Chief has constitutional power to create military commissions without the support of Congressional legislation. For here Congress has authorized trial of offenses against the law of war before such commissions.
As such, it seems to me that Presidential assertions of such authority at the very least are on unexplored legal ground. The resolution Congress passed authorizing the use of force does not seem to me containing language addressing suspension of civil liberties. While several have pointed out a statement by Senator Joseph Biden asserting that the resolution was equivalent to a declaration of war, I note that this statement is dated October 2001 and therefore wasn't made in this context.
I agree with Epstein about the solution to this conundrum: Congress should grant the Executive such statutory authority. While still subject to possible abuse, at least . Furthermore, I'm sure Congress would indeed grant such authority. One of the things I remain concerned about is the Executive's bold assertion of such power outside Congressional authorization, and I remain unconvinced that such authorization exists.
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Dodd at Ipse Dixit noted that "dirty bomb" suspect Padilla has indeed had his day in court and been rejected. But I see nothing in the story addressing his incarceration as a enemy combatant, but rather as a material witness, which detention I'm fully comfortable with as enjoying precedent.
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nihongo a-go-go
Speaking of SixDifferentWays, I found there this funny essay that humorously addresses anime addicts wanting to learn more of the Japanese language (nihongo).
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permalinkage update
I've added a couple of new blogs to my permalinks: Cut on the Bias and The Last Page. As far as I know, I'm mutally permalinked at CotB, Ipse Dixit, and Onye's blog. Honarable permalink mention to SixDifferentWays; I don't have a permalink there exactly, but I do show up often in the Frequent Referrers section. Anyone else permalinking me? Let me know!
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new worms crop up
It's time to update your antivirus software; a new worm, Worm_Fretheme.E, is making appearances in email inboxes. Typcially of email-propogated worms, it lures users into running the malicious code by purporting to be a password utility.
As always, if you receive email containing an attachment the contents of which you aren't positive about, ignore the attachment and delete the email.
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making a splash in the blogosphere
I noted yesterday the minor controversy concerning my response to a post on Cut on the Bias. Susanna of CotB emailed me this morning to let me know that my comments were quoted--wildly out of context, IMO, and amid much derision--on two other blogs, War Now and Alley Writer.
Both War Now and Alley Writer focus on my pointing out that the US hasn't declared war is among the disturbing factors in the apparent denial of Constitutional rights to a US citizen (even one accused of terrorist plotting), and interpret that to mean I'm saying we aren't at war at all. Well, no, fellas; I'm just saying that the administration is going a bit far absent a formal declaration of war.
I've been typing a lot about this issue and I'm too tired to summarize more, so I'll just give you the links. Be aware that both Alley Writer and I did a fair amount of cutting and pasting on the various threads. I think the level of discourse speaks for itself:
Update # 3:SixDifferentWays asks many of the same questions; a lengthy (and generally civilized) discussion thread results. Oddly, my retorts seem to have disappeared from a couple of discussion threads at Alley Writer. That could be the result of some error, but if it's deliberate, I can't tell you how validated this makes me feel . Finally, some external sources for your convenience:
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After all that, I noted a trio of interesting posts at The Volkoh Conspiracy that outline the thought process as that worthy blogger wrestles with the issue. Volkoh concludes with a quote from Senator Joseph Biden, who declares that there's no difference between the Congressional authorization of force and a declaration of war. My read of that quote, though, and Volkoh's interpretation of it, seem to me to apply to military action against foreign combatants. For me it still doesn't address whether the existence of a state of war automatically, or at the whim of the President, suspends the Constitution. Volkoh contends--and I agree, to an extent--that a formal declaration of war isn't necessary to justify every action taken by a President in time of war. But I find it significant that although the US has engaged in quite a few military actions in the 20th Century, the greatest suspension of liberties occurred during the declared wars--WWI and WWII--and during the undeclared conflicts like Korea, Vietnam, and the Gulf War, the chief executives did not attempt to assert such borad powers to suspend Bill fo Rights protection. I think the word for that is "precedent."
I also wonder, if there's no difference between the authorization of force and a declaration of war, why didn't they just call it such?
Finally, a personal note: props to Susanna of CotB for informing me of all this to begin with, and for a series of several intelligent and considerate emails subsequently. I promise to permalink her pronto.
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virtual idols
This is apropos of nothing, but I wanted to take this opportunity to point out a little curltual oddity that perfecly meshes my fascination with computers and Japanese culture: the notion of virtual idols. Japan is well-known for its idol phenomenon; nigh-omnipresent media stars who sing, model, star in movies, do voices for anime, or any combination thereof.
In 1996, a new idol made a brief splash on the Japanese pop scene (some jpop idols have long careers; others are the equivalent of one-hit wonders). Date Kyoko, a computer generated virtual idol, released a single or two and appeared in videos in which her rendered image was superimposed on real-life footage. The studio generated a personality profile to go along with her images, and she even granted interviews to various pop magazines. She continues her career as a virtual idol in Korea.
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Wednesday, June 12, 2002x
i never learned that in physics class...
...well, actually, I never took physics...but anyway: Insultingly Stupid Movie Physics rates the suspension of disbelief (or degree of ignorance, as applicable) necessary to get one's head around the things that happen in action movies. Like people being thrown through glass windows and emerging unscathed, despite the razor sharp nature of broken glass.
As an aside, there was a Marvel Comics villain called Jigsaw that served as one of The Punisher's nemeses. It seems Jigsaw was a minor hood the feared vigilante threw face first through a plate-glass window, and now has a mug resembling...well, you know. One of the things I loved about the character is that he carried a perpetual chip on his shoulder, not only because of what the Pun did to him, but because the Pun didn't remember doing it (he was just one of a gazillion hoods ol' Frank has roughed up in his career).
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l337 tw34k
Since I occasionally sprinkle my posts with "L337," I added a brief lexicon to the words I'm likely to use over on the left. Scroll down...you'll find it.
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guard against social engineering
TechRepublic, the IT site I write for, hosted an interesting article on ways a company can guard against social engineering. That's the technique by which h4x0rs (hackers) gain access to a company's information not so much by electronic intrusion as by tricking employees into helping them. The article begins with a tale of a consultant hired by a company to test security who was able not only to gain access to the server room but also to get everyone else to leave by claiming it was a surprise security inspection (which, in a way, was even true).
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here's the mail, it never fails...
I actually got something interesting in the mail yesterday. My friend David sent me a postcard from Bryce Canyon, Utah, where he's working as a park ranger. It's always good to hear from him! I get tons of mail...mostly junk and bills, of course (since I own my home, I get tons of credit card applications, and I enjoy laughing and tearing them up), so it's certainly fun to get something personal for a change.
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this is disturbing
Here's one of those conundrums that faces patriotic individuals who nonetheless have reservations about the conduct of the war on terrorism...the sort of questions that are labeled unpatriotic and tantamount to aiding the enemy.
The Attorney General announced that the al Qaeda suspect arrested in connection with a plot to detonate a "dirty bomb" might face indefinite incarceration without trail under the definition of "enemy combatant." The man in question is a US citizen, though, for whom Constitutional protections would presumably apply. If I remember my civics lessons (I went to school back when civics was actually part of the cirriculum--but then, I was lucky enough to go to a fine Catholic high school), among the reasons for the Bill of Rights was to list rights the Framers assumed the American people already had, and among those were right to due process, etc. etc. One of the things they feared was the country's leader unilaterally declaring war (a power they reserved for Congress) and then using the crisis as a pretext to suspend those rights.
I'm sure this is a dangerous person embarked on a dangerous plan, but if this person can have his Constitutional rights abrogated by executive fiat, the same can happen to anyone, and that's an even more unnerving prospect than a terrorist attack, because a police state so established need never end (as indeed the "war on terrorism" declared by the President is indefinite). Here's today's Washington Post editorial on the subject, which acknowledges, as I do, the dilemma the government faces in intervening before the crime is committed, yet shares my concerns at the enormous power to incarcerate anyone, forever, without judicial review, that the executive just asserted.
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irony alert
About a week before the President announced his intent to create a Cabinet-level department of homeland security, a top Presidential adviser official contended that the President should veto just such a measure should it arrive on his desk. The adviser's name? Tom Ridge.
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kaiju-seum
A Tokyo art museum reports that an exhibition of images, props, and rubber suits from the Godzilla movies has drawn record-breaking crowds. The exibit is reportedly the first to examine the famous Toho Studio franchise as a reflection of Japanese culture.
KAIJU: A huge threatening Monster of enormous destructive power. Japanese Science Fiction films are filled with kaiju... Godzilla (Gojira), Mothra, and Gamera are just a few.
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// updates //
A Federal district judge has handed digital TV recorder company Sonicblue a courtroom victory by ruling that the company does not have to monitor the usage habits of its users. The ruling reverses a decision that required Sonicblue to gather "all available information" about what TV shows are copied, stored, viewed without commercials or traded using its ReplayTV product. Sonicblue is being sued by the entertainment industry, which claimes that the ability to trade programming infringes on copyright, and that ReplayTV's commercial skipping features is tantamount to stealing programming. The judge's decision ruled that rules of evidence do not require that a defendant create new data that does not already exist.
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that burning sensation
Another thing I was busy with this weekend was burning a few more CDs:
Parasite Eve (PSX) original soundtrack (2 CDs)
Silent Hill OST
Brain Powered 2 OST
...and from last week, the second Neon Genesis Evangelion soundtrack. I hadn't thought of this before, but talking to Onye I realized that probably one reason I've been a little obsessive about grabbing anime and video game soundtracks is that since I've been a little frugal until we sell the old house, I'm compensating by gathering what geek stuff I can from the Web. That made a certain amount of sense to me. Ther'es also the fact that I've learned to grab something when I see it, because too often I've returned to a site I've made note of, only to discover it gone.
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an eventful weekend...and week
Posts were sparse to nonexistent this weekend, as I had much going on. I hope to go into more detail later, but just to touch on the highlights:
My in-laws visited, along with my niece Erica
My friend Onye dropped by Friday night...I stayed up entirely too later talking to her, but she was pleasant company and conversation as always.
I took advantage of the beautiful weather do do a whole lotta lawn mowing and gardening.
I'm on deadline this afternoon, so I won't have much to say this afternoon. I hope to catch up tomorrow, after matters settle out a bit.
It'll be an interesting week, too, because my in-laws took my two-year-old daughter with them on the next leg of their trip, to St. Louis...and if she does well with that trip, they will bring her back home with them to Wyoming for another week. It'll be really strange not havign her around, and I know she'll enjoy thew adventure, but at the same time I'm worried about how she'll react. More updates as the situation develops.
