Year: 2008

Luigi brought the following to my attention:

Jeremy Jaynes of Raleigh, N.C., considered among the world’s top 10 spammers in 2003, was convicted of massive distribution of junk e-mail and sentenced to nine years in prison.

Almost all 50 states have anti-spamming laws. In the 4-3 ruling, the court rejected Jaynes’ claim that the state law violates both the First Amendment and the interstate commerce clause of the U.S. Constitution.

This is one of those strange situations where I find myself agreeing with both sides. For instance, one of the dissenting justices in the case wrote:

the law is “unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mail including those containing political, religious or other speech protected by the First Amendment to the United States Constitution.”

Since I haven’t read the law, I will simply take her word for it. That being the case, the law is out of line and should be overturned. Unfortunately, this case wasn’t the one to overturn it.

Jaynes allegedly used aliases and false Internet addresses to bombard Web users with junk e-mails peddling sham products and services. The court’s majority said misleading commercial speech is not entitled to First Amendment protection.

Well…yeah. I don’t see how it possibly could be. If a store is charged with false advertising with the intention of bilking its customers, how can the store owner possibly seek defense behind the First Amendment? Just as the First Amendment doesn’t protect things you say about another person knowing that they’re falsehoods, I do not see how it can protect attempts to bilk people over the internet. To say nothing of slamming e-mail boxes with thousands of spams. It’s no different than a neighbor blasting his stereo at ear-splitting decibel levels at 2 in the morning in violation of local ordnances and then claiming he has a First Amendment right to do so.

There may well be grounds for challenges to anti-spamming laws, but I don’t see this case as offering them.

PAD

Second half of “The Whole Hero Thing.” Whad’ja think?

UPDATED because no, I didn’t know Fallen Angel was out this week. The war in Bete Noire continues.

PAD

I will be attending the midnight opening for “Dark Tower 2” at Midtown Comics. Before that, on that Tuesday, March 4th, I will be appearing as part of the Comic Book Club, 8 PM, at The Peoples Improv Theater, 154 West 29th Street, 2nd Floor, between 6th and 7th Avenues.

Then, a couple weeks later, I will be attending the Wizard Convention in Los Angeles. I’m very much looking forward to seeing old friends there.

PAD

It’s now down to voting on the two wild card cities. The Hasbro press release to that effect is reprinted below.

USA! USA!

PAD

Continue Reading “Final update on Monopoly” →

On “The Colbert Report” tonight, the number five threat on the “Threat Down” was the international edition of Monopoly.

With one day to go on the voting, let us see if America can get a Colbert bump.

PAD

I went to the WGA meeting last night on the contract. There were maybe a dozen or so people in the audience. Most people had obviously already mailed in their ballots, but I came in because I was interested to see who would show up and if anyone had anything interesting to say.

A microphone was set up so that people could get up and address the board and have their say about the contract.

Nobody did.

The meeting ran about ninety seconds, and most of that consisted of a Ferris Bueller-like “Anyone? Anyone,” and when no one had anything to say, we voted. I suspect it will carry overwhelmingly.

I wonder if the WGA West meeting had more fireworks.

PAD

UPDATE: The WGA has just confirmed that the new contract was overwhelmingly approved by over 93 percent of the membership.