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HOW HADITHA HAPPENED; WHY IT WILL HAPPEN AGAIN

"You live like an animal. You learn to like killing. .. Hate civilians. Can't trust the bastards. You hate taking prisoners. You'd rather kill them. Why?" Read Vietnam vet Marc Levy's extraordinary Primer on the Whys and Wherefores of PTSD and understand what is happening in Iraq. PLUS Andrew Lack on the incredible frauds of the bottled water industry. Why you should drink tapwater out of a glass and save your money PLUS Jeffrey St Clair on the deadly secrets of America's oldest bomb factory PLUS Chris Reed on Eros and Militarization: how Japan's sexpot schoolgirls fit into the right's Re-Arm agenda. CounterPunch Online is read by millions of viewers each month! But remember, we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now!

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Today's Stories

June 30, 2006

Marjorie Cohn
Supreme Rebuke: Bush Loses Gitmo Case

June 29, 2006

Bill Quigley
Gutting New Orleans

Ron Jacobs
Killing a Nation to Rescue a Soldier

Paul Craig Roberts
The High Price of American Gullibility

June 28, 2006

Jorge Mariscal
Mexican-American Soldiers, Iraq and the Politics of Immigrant Bashing

Greg Moses
Down in Pinal County: Where the Pun's on Us

Mark Weisbrot
Mexico: Their Brand is Crisis

Ramzy Baroud
Re-Interpreting Iraq: the Latest Propaganda Campaign

Dave Lindorff
Redacting the Constitution: Why Signing Statements Matter

William S. Lind
Neither Shall the Sword: War in a Fouth Generation World

Mike Ferner
50 Years Down the Wrong Direction: Taken for a Ride on the Interstate Highway System

Zoltan Grossman
Military Resistance: a Brief History

 


June 27, 2006

Marjorie Cohn
Playing Politics with Timetables

Benjamin / Jarrar
Leading Dems Froth Over Amnesty Plan

William Hughes
Roadmap to Starvation

Doug Giebel
Showdown in Montana: Burns vs. Testor

Uri Avnery
The World Cup and Middle East Peace

Alexander Cockburn
Hitchens Hails the "Glorious War"

 

June 26, 2006

Don Santina
American Rituals: Massacres, Baseball and Apple Pies

Ralph Nader
Beyond Binary Politics

Dave Lindorff
CounterPunch v. CounterPunch: Taking Impeachment on the Road

Rafael Rodriguez-Cruz
An Interview with Mumia Abu-Jamal on Hispanics and Latin America

Evelyn Pringle
Big Pharma's Big Graveyard: Drug Profits, Fraud and Death

Jonathan Cook
Israeli "Retaliation" and Double Standards

 

June 23, 2006

Youmans / Erakat
Divestment, Corporate Engagement and Israel

Dave Lindorff
Cut and Run: a Winning Strategy

Ron Jacobs
Dogs of War Barking at the Moon

Col. Dan Smith
Iraq: Fool Me Twice

 

June 22, 2006

Marjorie Cohn
Friendly Fire Ambush

Winslow T. Wheeler
Lockheed, the Senator and the F-22

Tanya Reinhart
A Week of Israeli Restraint

Mike Marqusee
The Forest Gate Raid

William Blum
Why Bush's Iraq is Worse Than Saddam's

 

June 21, 2006

Ramzy Baroud
Zarqawi's Death: Myth vs. Reality

Patrick Cockburn
Embassy Work as Death Sentence

Gary Leupp
Making the Case for Impeachment

Greg Moses
Elite Logic at the Border

 

June 20, 2006

Fred Gardner
The Long War on Aspirin

Omar Waraich
Ode to Joy: Watching Blair Sink

Christopher Reed
Japan Nixes Payments to Its Wartime Slaves

CP Newswire
Coca Cola Takes a Hit

Jonathan Cook
Israel Engineers Another Cover-Up

 

June 19, 2006

Bill Quigley
HUD's Bulldozers and the Poor of New Orleans

John Walsh
Tears of a Clown: Al Franken's War

Mike Whitney
The Zoom Lens War: Bush's Baghdad Photo Op

Alexander Cockburn
The Left and the Blathersphere

 

June 16 / 18, 2006
Weekend Edition

Kathy / Bill Christision
The Power of the Israel Lobby

Joseph Nevins
On the Migrant Trail: No More Walls, No More Deaths

Farrah Hassen
An Interview with Syria's Ambassador to the US, Dr. Imad Moustapha

Greg Moses
The Real Mission of the Uniformed Ghost at the Border

Nicole Colson
"There's No Hope at Gitmo"

John Scagliotti
How MoveOn Wastes Its Donors' Money

Mokhiber / Weissmann
Corporate Democrats

 

June 15, 2006

Kathy Kelly
Look Them in the Eye: Honest Abe and the Residents of Ramadi

Norman Solomon
Premature Triangulation: Hillary's Big Problem

Ron Jacobs
Publicity Stunts as Public Policy

Sam Bahour
Cover Up on Gaza Beach

Ramzy Baroud
Palestine on the Brink

CounterPunch Wire
Death Squads at Colombia's Universities

Gabriel Kolko
Why a Global Economic Deluge Looms

Website of the Day
Antje Duvekot: Music You've Been Waiting Years to Hear

 

June 14, 2006

Nicole Colson
"They Want the Fear Level at a High Pitch": An Interview with Lawyer Lynne Stewart

Jonathan Cook
Israeli Law and Order

Joseph Schechla
Bulldozing Palestine: an Open Letter to Caterpillar, Inc.

Michael Carmichael
Bolton at Oxford: Jeered and Taunted

Evelyn Pringle
Karl and George, the Teflon Partnership

Ward Churchill
My Trial By Media: Turning Quibbles Over Footnotes into Felonies

Rev. William E. Alberts
Decoding the Coders of Christ: Jesus the Political Insurgent?

Website of the Day
Marines Iraq Snuff Film

 

June 13, 2006

Medea Benjamin
Take Back America Suppresses Anti-War Dissenters at HRC Speech

Anthony Alessandrini
The Evil of Banality: the General, the New York Times and the Gitmo Suicides

Paul D'Amato
The Meaning of Haditha

Dave Lindorff
The Strange Death of Zarqawi: Was He Killed So He Wouldn't Talk?

John Ross
Elections and the World Cup: If Team Mexico Advances, Will Anyone Show Up to Vote for Lopez Obrador?

Gabriel Garcia
Venezuela and Drug Trafficking: Bush Bashes Chavez Despite Positive Results

Hilton Obenzinger
DIvestment is a Stand for Equality in Israel

Yitzhak Laor
The Secret of Authority

Juan Antonio Ocasio Rivera
Puerto Rico at the UN

Jennifer Van Bergen
The Story Behind Zarqawi's Death: What's the Legality of the Assassination?

Website of the Day
Paul Wright: a Real American Freedom Fighter

 

June 12, 2006

Paul Craig Roberts
Bush's Armageddon Wish: a Final End to History?

Patrick Cockburn
The US Already Misses Zarqawi

Mike Marqusee
Rebranding a Team: English Nationalism and the World Cup

Lee Sustar
"I Never Had the American Dream:" Left with No Future by GM and Delphi

Robert Fisk
Has Racism Invaded Canada?

Michael J. Smith
Enter Sandman; Exit Kosland

Felice Pace
NPR's Warped Covereage of the MIddle East

Jennifer Loewenstein
Setting the Record Straight on Hamas

Website of the Day
Our Way Home

 

June 10 / 11, 2006
Weekend Edition

Robert Fisk
Zarqawi's End is not a Famous Victory

Diane Christian
Zarqawi's Face

Joe Allen
The American Way of Atrocities: Marine Corps' Killer Virtues

Ralph Nader
Let Us All Praise the Dixie Chicks

Fred Gardner
Tylenol Toxicity Terror

Dave Lindorff
Nothing New About Haditha

Dave Zirin / John Cox
Will Racism Spoil the World Cup?

Dennis Perrin
Death is Patriotic: Necro-Porn, Live on CNN

Greg Moses
Militarizing the Border: Why Operation Jump Start Worries Me

John Chuckman
Terror in Toronto or Tempest in a Teapot?

Michael J. Smith
Babes in Kosland: Dem Blogfest, Day Two

Roger Burbach
Bachelet in DC: Chilean President Refuses to Back Down to Bush

Ira Moskowitz
Israeli Court Finds Mad-Dog US Prof Libeled CounterPuncher Neve Gordon

Sam Bahour
The Gaza Air Strikes: Begging for a Response

Seth Sandronsky
Grocery Chains and Bush's Ownership Society: Profits Fall, Stores Close

Michael Berg
A Father's Day Message: Both Parties Have Betrayed America

Kirsten Roberts
Desmond Dekker and the Music of the Shantytowns

Ron Jacobs
Who's Fooling Who?

Jeffrey St. Clair
Playlist: What I'm Listening to This Week

Poets' Basement
Jones, Davies, Engel and Louise

Website of the Weekend
Miles and Trane, So What?

 

June 9, 2006

Alexander Cockburn
Make-Up for a Corpse!: In a Month Zarqawi will be Forgotten and the War Will Rage On

Paul Craig Roberts
War Criminal Nation: You'd Better Shut Up!

Gary Leupp
The Iran Deal: Come Down or Set Up?

Eric Ruder
Police Torture in America: the Chicago Files

Evelyn Pringle
The Noe Drama: Was the Ohio Vote Rigged?

Mickey Z.
America: Land of Denial

Michael J. Smith
Our Man in Kos; They're Not in Kansas, Anymore

Patrick Cockburn
The Short, Strange Career of Abu Masab al-Zarqawi

Website of the Day
Georgia ... Bush

 

June 8, 2006

Chris Floyd
Hubub in Hibhib: the Timely Death of al-Zarqawi

Michael Dickinson
Criminal Collage: the Bush Dog Case

Ron Jacobs
You Can't Call Me Zarqawi, Any More

William S. Lind
The Power of Weakness, Again: Haditha, 4GW and the Abu Ghraib Precedent

Joshua Frank
From Bush to Hillary: Holding the War Parties Accountable

Missy Comley Beattie
Ann Coulter and Rev. Fred Phelps: a Romance

Lloyd Williams
Ann Coulter's Blood Lust

Bill Christison
Proviing the Case: What Bush Wants is More War

Website of the Day
Bedtime for Bono?

 

June 7, 2006

Dave Lindorff
The Iraq Money Trail: the Case of the Missing $21 Billion

Sunsara Taylor
CDC to Women: Prepare to Give Birth!

John Walsh
Flunking the Art of War: Master Sun-Tzu, President Hu and Bush

David MacMichael
No More Hadithas

Mickey Z.
Haditha and Rumsfeld's Ratio

Evelyn Pringle
Gagging Public Employees

Myles Palmer
Dark Star Chasm: a Sneak Peak at Roger Waters' Dark Side of the Moon Tour

Laura Ribeiro
The Israeli Boycott of Palestinian Education

Website of the Day
Thank You, Lt. Ehren Watada

 

June 6, 2006

Diane Christian
Negatives: Torture, Massacres and Denial

Paul Craig Roberts
Outsourcing Smarts: the Death of US Engineering

Ralph Nader
The Battle for South Central Farm

Norman Solomon
The Urbanity of Evil: Tariq Aziz and Bush's Enablers

Darmont / Genovali
Wolf Sterilization Scheme Backfires

Manuel Garcia, Jr.
Blacks, Hispanics and Immigrant Bashing for Colonial Control

Subcomandante Marcos
The Other Campaign: a Plan for Action on June 11, 2006

Patrick Cockburn
Bloodbath Beyond the Green Zone

Website of the Day
Greatest Music Video?

 

June 5, 2006

Bruce Jackson
Why Haditha Happened

Chris Floyd
Return to Ishaqi: the Pentagon's Shaky Self-Exoneration

Michael Neumann
Jewish Opposition to Zionism

Heather Gray
War in the 20th Century: a Canadian Family's Experience

William Hughes
Bipartisan War Profiteers

David Swanson
Should We Stay or Should We Go Now?

Alexander Cockburn
Palestine: It's All Over

Website of the Day
Klamath Spring

 

June 3 / 4, 2006
Weekend Edition

Robert Fisk
Liberators as Murderers

James Petras
Is Latin America Really Turning Left?

Rosemary Radford Ruether
"We Have No One to Talk To:" Israel's Targeted Assassination Policy

Harry Clark
Truman and Israel: How It All Began

Jeffrey St. Clair
What a Miner's Life is Worth

Ron Ridenour
Return to Cuba

Ron Jacobs
Hand Wringing and Warfare: What Do Owe Iraq

Fred Gardner
Dr. Tashkin Makes the News

Peter Montague
The System in Crisis

John Walsh
MoveOn Rigs Its Own Vote; Betrays Its Membership

Greg Moses
Eyes of Texas: Neocon Border with Mexico Begins Next Week

Sean Donahue
Atlantica: Mainer's Won't Be Fooled Again

Mike Whitney
Swan Song for the Greenback?

Dave Patten
Final Examination

Ali Khan
Story of the Two Kings

Robert Dotson, MD
Couch Time for America

Hammond Guthrie
Revisiting Mondo Hollywood

St. Clair / D'Antoni
Playlists: What We're Listening to This Week

Poets' Basement
Bina, Engel, Ford and Landau

Website of the Day
Send Dr. Suzy Your Love

 

June 2, 2006

Kathy Kelly
Right Livelihood

Alan Maass
"A Mercenary Army": an Interview with Jeremy Scahill on Blackwater in New Orleans

Mickey Z.
Haditha Massacre was Inevitable

Dave Lindorff
Don't Think Twice: Bush and Rumsfeld as Ethics Advisers

Chris Kutalik
Troqueros Flex Muscles at Long Beach

Sunsara Taylor
Countdown to a Betrayal: Making Change Without Democrats

Sam Husseini
Can Pacifica Live Up to Its Promise?

Mike Ferner
More, Lots More

Website of the Day
Free Daniel McGowan!

 

June 1, 2006

Brian Cloughley
Haditha and the Farrago of Lies: War Crimes Start at the Top

David Peterson
Iran: a Manufactured Crisis

Lee Ballinger
Media Myths About the South: What Backlash Against the Dixie Chicks?

Jonathan Cook
Olmbert in DC: Bold Ideas and Ugly Intentions

Mike Whitney
Offers and Ultimatums: Endgaming Iran

Paul Rockwell
Smearing Ron Dellums

Clifton Ross
Millennium Blues

Kevin Zeese
Return of the Petri Dish Warriors: a New Biowar Arms Race Begins in Maryland

Website of the Day
The Monkees and Johnny Cash

 

May 31, 2006

Dave Lindorff
DNC Death Wish 2006: the Do Nothing Party

Joshua Frank
Al Gore, Environmental Titan?: Some Inconvenient Truths About the Ozone Man

Roxanne Dunbar-Ortiz
Stop Saying This is a Nation of Immigrants!

P. Sainath
Three Weddings and Funeral: Farmer Suicides in Vidharbha

Ramzy Baroud
On Palestinian Violence

Seth Sandronsky
The War on Nurses: a Joint Attack by US Senate and NLRB

Mickey Z.
Scapegoating Mexicans is an American Tradition

Ralph Nader
Breakaway Bases: Keeping LIttle Leaguers Safe

Jeffrey St. Clair
Dirk's Dirty Money: Gale Norton in Slacks

Website of the Day
Storm Cloud Over New Orleans

 

May 30, 2006

Lee Ballinger
The Real Reason Rock the Vote is Falling Apart

Jonathan Cook
Shin Bet and the Israeli Academy: Partners in Human Rights Abuses?

Gary Leupp
Now Introducing, the Office of Iranian Affairs

John Ross
Disappearing the Disappeared

Robert Jensen
The Four Fundamentalisms

Michael Dickinson
Silencing the Peace Protester of Parliament Square

Michael Carmichael
Zionist Democrats: the DLC and Israel

Tim Wise
Of Immigrants and "Real Amurkans"

Harry Browne
Ken Loach's History Lesson

Website of the Day
Louisiana

 

May 27 / 29, 2006
Weekend Edition

Paul Craig Roberts
The Evil Within

Kathleen Christison
Surrender vs. the Right to Exist

Kathy Kelly
Fear of Flowers in Iraq: a Report from
Sulaymaniyah

Christopher Reed
The Abominable Dr. Ishii: the Pentagon and the Japanese Mengele

Lawrence R. Velvel
The Moral Rot in Congress: a Constitutional Right to Graft?

Tom Barry
The Politics of Tom Tancredo

Gary Leupp
The Latest Neocon Lies About Iran

Col. Dan Smith
Freezing History: Iran and the Uses of "Preventive" War

Ron Jacobs
Blocking Military Ports: One, Two, Three Many Olympians

Don Fitz
EPA Goes Lead Wild: Acceptable Levels of Poisoning

Fred Gardner
What's the Matter with Oregon?

Peter Montague
Radioactive Troika: Bush, the Nuclear Power Industry and the New York Times

Raymond Garcia
Teens as Political Scapegoats

John Farley
Euston Manifesto: the Latest Gameplan from the Pro-Imperialist Left

Seth Sandronsky
Mexico After NAFTA: the Washington Post's Trouble with Numbers

Tia Steele
A Gold Star Mother's Memorial Day Plea

Lenni Brenner
"Howl", 50 Years Later: Allen Ginsberg's Silly Liberal Politics

Dr. Susan Block
God Has Sex, Makes Big Box Office

Scott Michael Perey
An Open Letter to Bono: Why are You Financing a Video Game Promoting the Invasion of Venezuela?

Jeffrey St. Clair
Playlist: Please Help Hilton Ruiz

Poets' Basement
Davies, Smith-Ferri, Mickey Z,, Buknatski, and Engel

Recipe of the Weekend
Impeach-Mint Punch

Website of the Weekend
Trojan Syndrome

 

May 26, 2006

Col. Douglas MacGregor
Fire the Generals!: the Failure of Military Leadership in Iraq

Brian J. Foley
Who Will Stand Up to Bush's Drive to Attack Iran?

Michael Dickinson
Mining Glaciers: Water or Gold?

Missy Comley Beattie
Stuck in a Cake-Walk War

Pierre Tristam
The Few, the Proud, the Murderers

Joe Allen
Put a Disclaimer on the Bible, Not the Da Vinci Code

Kona Lowell
Thank You, Fox News

Roger Burbach
Bush Targets Chavez and Morales

Website of the Day
Women Resisting War from Within

 

May 25, 2006

Les AuCoin
Faith-Based Missile Defense: the Folly of Star Wars

Jeff Halper
Countdown to Apartheid

Dave Lindorff
Bombing Without Regrets

Ron Jacobs
Voting Rights and Multilingual Ballots

Bob Wing
Finding Common Ground in New Orleans: an Interview with Malik Rahim

Elise Gould
College Grads Face Weak Labor Market

Robert Bryce
Iraq's Fuel Crisis

Website of the Day
Oh Lay!

 

May 24, 2006

Michael Donnelly
Operation Backfire: Criminalizing Eco-Dissent

Patrick Cockburn
Why the US May Have to Quit Iraq Sooner Than It Planned

Lucinda Marshall
Involuntary Motherhood: the Cacophony Over RU 486

Dave Lindorff
A Winning Impeachment Argument

Shmuel Rosner
Israeli Advice on Wall-Building: Be Ruthless

Moshe Adler
The Promised Land: Immigration, Israeli Style

Heather Gray
Land Reform and American Agriculture

Pratyush Chandra
Angels and Demons in Nepal

Paul Craig Roberts
In Memoriam: Lloyd Bentsen

Floyd Rudmin
Why Does the NSA Engage in Mass Surveillanc of Americans?

Website of the Day
Presentensing the Future

 

May 23, 2006

Paul Craig Roberts
Paranoia as Policy: How Bush Brewed the Iran Crisis

Sharon Smith
Shooting to Kill on the Border

Sunsara Taylor
Meet the New Christian Conquistadors: Ron Luce's Holy Warriors

Joel Whitney
The Most Tenacious Man on Capitol Hill?: an Interview with John Conyers

Alice Cherbonnier
Total Information Awareness for Whom? FOIA, the Press and the Spooks

Ron Jacobs
Optimism of the Will

Kristen Ess
The Crisis for Palestinian Political Prisoners

Patrick Cockburn
Which is the Real Iraq?

Website of the Day
Pearl Jam: Life Wasted

 

 

Subscribe Online

June 30, 2006

Under the Broadcast Flag

Intellectual Property is Intellectual Theft ... at Gun Point

By MICHAEL J. SMITH

There's nothing more wonkish than intellectual-property regulation. But intellectual-property enforcement may well turn out to be the lever for government intrusions into private life every bit as profound and extensive as the better-known secret-police initiatives of the Patriot Act.

You know all those old myths and stories about dead folk who just won't stay dead -- zombies, vampires, Richard Nixon? Well, there are ideas like that too -- ideas that won't stop clawing their way out of the grave and back into the light of day. One such idea is the "broadcast flag," recently returned aboveground, for the Nth time, tucked into an enormous telecommunications bill (S. 2686), now before the U.S. Senate.

"Broadcast flag"? Before your eyes glaze over, give me a few seconds to get you good and scared. Because this one is a real flesh-eating zombie of an idea, and it just won't stay dead.

"Broadcast flag" is shorthand for two different but interconnected things. One of them is a flag or tag or attribute, or whatever you want to call it, embedded in a digital audio or video stream, that says "don't copy me without permission." This is the "broadcast flag" in the literal sense.

Which might seem harmless. It's like an electronic version of the copyright notice on a book, or that goofy thing about the FBI that leads off every video you rent. But if the government ever got serious about enforcing it.... that's where the Inquisition would come tiptoeing into your TV room, and maybe right onto your lap, as we will see a little later.

Well, guess what: Big Media does want the government to enforce the broadcast flag, and the government, ever solicitous for the rights of large-scale property, is eager to oblige.

The broadcast-flag initiative now before the Senate resuscitates an attempt by the FCC, back in 2003, to mandate broadcast flag compliance by all digital media devices. That regulation, known to aficionados as FCC 03-273, was subsequently buried with a stake through its heart by a Federal court. Now the Senate is digging it up again, with near-universal participation by Republicans and Democrats alike. The Flag just sailed through the Senate's commerce committee without a recorded vote, a pretty sure sign of bipartisan ownage by the relevant lobby; the frogs and the mice will not be fighting over this one. The only dissenter, so far, is Senator John Sununu of New Hampshire, who seems to have some real libertarian principles, not just a libertarian line of chat like most of his colleagues.

The 2003 FCC rule, written to order for the Motion Picture Association of American (MPAA), Recording Industry Association of America (RIAA), the National Football League and other copyright rentiers, is a thicket of obscure, rebarbative language, vague definitions, cross-references, and cabbalistic terms of art. But if you stare at it for a while, the crux becomes pretty clear: "demodulators" must comply with the broadcast flag. And what is a demodulator? It is any device or component that takes a digital TV or audio signal and turns that signal into a stream of bits that can be written to a CD, or shown on a screen, or downloaded to your iPod.

Sounds like some kind of electronic gizmo, right? A thing with transistors, and wires, and maybe some pretty blinking lights. Indeed, a demodulator can be just that. And maybe it doesn't seem so terribly tyrannical to mandate certain kinds of behavior on the part of a gizmo. There are plenty of precedents -- cars have to have seatbelts, for example.

But here's the rub: a demodulator can also be just a piece of software, or part of a larger piece of software. Computers, including your 14-year-old's laptop, are rapidly becoming so powerful that it's only a matter of time before your 14-year-old can download a demodulator, or a program that includes a demodulator, from some other 14-year-old in Finland -- or write his own, for that matter.

Now what happens when that wicked Finn, or your wicked offspring, decides to ignore the Broadcast Flag? Well, the FCC doesn't come right out and say. They don't explicitly include such "software demodulators" in the scope of their regulation, but they don't explicitly exclude them either, and the definition of "demodulator" is certainly broad enough to cover them. And the FCC haven't overlooked the possibility of software demodulators -- they write:

"... critics note that ... non-compliant hardware or software demodulators could be produced with relative ease by individuals with some degree of technical sophistication...."

They go on to say, ominously, I think:

"... we seek further comment on the interplay between a flag redistribution control system and the development of open source software applications, including software demodulators, for digital broadcast television."

'Interplay' is good, isn't it? Interplay nice, kids. But think for a minute about the implications of all this. Obviously, you won't be able to buy a digital TV, or any other digital media device, whose manufacturers haven't certified to the Feds that it honors the Flag. Perhaps they will have to give the Feds the schematics, or the source code for their "firmware" -- the embedded programming that enables the device to operate. And if you want to get around this restriction, and load software onto your laptop that ignores the Flag, then technically, that software is probably contraband and you will have probably committed a federal crime. But will the law be enforced in such cases?

I think, sooner or later, it will. Not tomorrow. For tomorrow, and next week, software demodulators will be a very geekish hobby, too small-scale to bother the MPAA and the RIAA. But we have all seen how quickly geekish hobbies can infect the millions. And when that happens with software demodulators, there'll be a crime wave, and the MPAA and RIAA will sit up and take notice.

They'll want to find all these bad actors who have loaded non-compliant software onto their laptops. But that's not so easy. There's no way a "content provider" can tell, from his end of the wire, what software the recipient of his digital media stream is running.

Ultimately, warrants will have to be issued. Fibbies in flak jackets will charge into your house and confiscate your 14-year-old's computer. Aha! He's running Linux! And he's been visiting Web sites in Finland! Twenty years for the little Commie song pirate!

Does this sound unlikely? It shouldn't -- we've already seen it before, with the FBI breaking into houses and the RIAA filing thousands of lawsuits against people accused of "file sharing."

Intellectual property enforcement, in other words, will lead to a kind of de facto government software regulation. The software police won't entirely succeed in suppressing contraband software -- we'll have an eternal war, a little like the Drug War, which suits the police just fine, of course. But certainly they will succeed to some extent; the prospect of a midnight raid will keep all but the bold and heedless safely inside the sheepfold of approved software, produced by Microsoft or Apple or Sony or some other large corporation.

You know what the next step will be. The approved software manufacturers will be approached, just the way the NSA recently approached the telephone companies. Kiddie porn -- terrorism -- video piracy -- bad things, right? Surely you'll help us defeat terrorism and put child molesters behind bars? Your techies have probably left some back doors into that movie software, right? Tell us more. What's that? You're hesitating? You're not a, uh, child molester yourself -- are you? Y'know, your ex-wife tells some strange stories....

Paranoid, you say? Well, a few years ago it would been paranoid to predict that cops would be searching people's knapsacks in the New York subways, or that the NSA would be monitoring your grandmother's phone calls.

There's been a vast expansion, in recent years, of the idea of "intellectual property." You can patent most anything -- Microsoft, I hear, owns all the transcendental numbers except pi, and they're suing Euclid's estate over that. (Just kidding. Sort of.) Copyright is forever, or as near as dammit. Fair use is narrower and narrower, and there are even public parks where it's a copyright violation to take pictures.

And this is taking place at the same time that technology is making intellectual property a laughably obsolete idea. Once you've got a stream of bits on your hard drive, there is no power on earth that can stop you from copying it -- except the oldest power, the power of armed men to break your door down and take you away.

Michael J. Smith is a computer programmer by day. By night, he conspires to destroy the Democratic Party on his blog, stopmebeforeivoteagain.org.





 

 

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