BOHICA - It's COICA

I hope that you and yours had an enjoyable Thanksgiving holiday.

The more that I think about the recent elections, the more I think about how polarized we can be as a nation. One thing that I'm thankful for is seeing people on both sides of this political divide express a deep distrust of the current state of Washington politics, and how the change in control of the House with many new members who thus far have not toed the line of their particular party may prove to pay dividends that we have yet to foresee.

One of those dividends will hopefully be some changes in the manner of conducting business that tends to rear its ugly head when those trying to bring something unsavory to the floor think that we're distracted. This practice is not limited by ideology or political bent; for example, this past week a rather egregious assault on civil liberties in cyberspace made it through a Senate committee.

The Combating Online Infringement and Counterfeits Act, or COICA, was introduced into the U.S. Senate by Senator Patrick Leahy (D-Vermont), and passed unanimously through the Senate Judiciary Committee a week ago. The act is intended to stop online copyright infringement and/or the sale of counterfeit goods, and would authorize the Attorney General to effectively shut down any website whose activities it determined were "designed primarily to offer goods or services in violation of federal copyright law".

Numerous online civil liberties groups have raised their voices in protest, spearheaded by the Electronic Frontier Foundation, whose concerns focus on the overly broad language of the bill and its potential effects on those who do not facilitate online piracy, but whose sites may feature discussions or links regarding such activity. Quoting the EFF:

If this bill passes, the list of targets could conceivably include hosting websites such as Dropbox, MediaFire and Rapidshare; MP3 blogs and mashup/remix music sites like SoundCloud, MashupTown and Hype Machine; and sites that discuss and make the controversial political and intellectual case for piracy, like pirate-party.us, p2pnet, InfoAnarchy, Slyck and ZeroPaid. Indeed, had this bill been passed five or ten years ago, YouTube might not exist today. In other words, the collateral damage from this legislation would be enormous.

What concerns me the most about this bill is from where it originates; Some cyber-freedom sites and blogs are citing the contributions made by the entertainment industry, including the RIAA and MPAA, to Sen. Leahy's campaign coffers, and how this overly broad legislation is likely payback for those contributions. Quoting one of these sites:

"COICA is a unconstitutional bailout of our freedoms and Internet civil rights for a specific industry that has troubling implications for everyone. And it's a demonstration of just how dangerous the intersection of corporate lobbyists and politicians can be. Some conservatives believe that supporting capitalism means blindly endorsing any corporate action. It does not. When corporations subvert public representation and harness government force for their own benefit, then they act like a part of the government."

What is particularly troubling is the seeming abandonment of civil liberties principles by those who have previously espoused them, and carry with them the seeming support of that constituency. Of particular concern is the 'yes' vote by Minnesota Senator Al Franken to move COICA out of the Judiciary Committee. Senator Franken must have caught some heat in the form of calls and e-mails (which included one from me), and attempted to clarify his position as a result.

I'm also concerned that among the cacophony of comment from many groups that advocate for online freedom and due process, the ACLU seems to be notably absent from this most recent debate. I've asked the national ACLU office for comment; I'll post whatever I receive back. Hopefully, they won't try to sit this one out like they did with anti-cyberbullying legislation brought by a Democratic congresswoman from California last year.

Closer to the root of this argument, in terms of bad law and/or policy, is ACTA, which I've written about before. Like many others that follow civil liberties issues, I remain very concerned about the potential for the stifling of expression, debate, and innovation through these thinly-disguised attempts to protect the profit margins of a few media and entertainment conglomerates.

Senator Franken stated in his reply that he thought it "unlikely that this bill will come to the floor of the Senate before the end of the year". This delay has been assured thanks to a promise by Senator Ron Wyden of Oregon that he will place a hold on the bill to prevent any attempt to sneak it through the Senate before the end of the year.

Thanks to the due diligence of groups like EFF, this attempt did not go unnoticed, and like the furor over the then-secretive ACTA, the attention drawn to these types of attempts to compromise online expression in the name of protecting commerce will hopefully result in their being kept at bay from passage or consideration for the foreseeable future.

Have a good week ahead.

Football: Fruita's Fruition, and Frustrating Folly

Congratulations to the Fruita Cowboys heavyweight youth football team, which routed Palisade 40-6 in their league championship game last night. This is the team that was coached by the late John Fullmer, who was killed in a car accident in September. The team had dedicated their season to the memory of Coach Fullmer, and it's a fitting tribute to a man who put forward so much of his passion and commitment into the sport. Great job, kids.

James Harrison - from facebook.com

At the same time, there is a controversy afoot in professional football that for many strikes at the core of the game; the ability of a player to do what he has been taught to do since he began to play, perhaps as young as those boys in Fruita.

The furor emanating from players, fans, and media alike over the NFL's stated intent to suspend players who are judged to have tackled or hit another player in an excessive manner has taken a unique turn in recent days, focused primarily on the reaction of Pittsburgh Steeler James Harrison to being fined $75,000 for a hit on a Cleveland Browns player this past Sunday.

Harrison is a very talented, very passionate player who has enjoyed great success. He also wears his heart on his sleeve and demonstrates a commitment to his profession that is an example for anyone who pursues a profession of any kind. As such, it's not that surprising to me that Harrison and his agent publicly acknowledged that he is considering quitting the game in response to what is happening to it.

The reaction to Mr. Harrison's statements have ranged from accusing him of whining to a passionate support of his stance in relation to other attempts by the league to profit from the sport's often violent nature, while leveling punishment when it is needed to save face. ESPN analyst Mark Schlereth called the NFL out for this very thing, and made several valid points.

I can easily dismiss this in comparison to other problems in my world and elsewhere, perhaps even with the cliche' "it's just a game". As we all know, however, it's more than that - it's a billion-dollar business with great numbers of citizens expending considerable financial, mental, and temporal resources as fans.

The NFL expects its players to set examples for those in our country who look up to them as role models and representatives of the league. In that context, I thought about what would happen if players like James Harrison decided that their own self-respect and work ethic trumped the considerable financial rewards that come from their participation, and elected to walk away from the game. What sort of message would that deliver, I wonder?

It will be interesting to watch how this plays out in the coming weeks. The NFL is apparently having problems selling out games of late. I feel that if they continue along this path, combined with the possibility of labor unrest after this season, the attractiveness of the game to those who play it and watch it will continue to diminish.

What Did You Buy Online?

At the beginning of this month the Direct Marketing Association (DMA) filed suit against the State of Colorado over HB 1193, which requires online retailers from other states to notify customers in Colorado of their obligation to pay sales and/or use tax on the items they've purchased. The law took effect this past March.  

The law additionally requires these retailers to remind their Colorado customers - by first class mail - of what they've purchased, and how much they may owe in sales taxes. They're additionally required to provide this same information to the Colorado Department of Revenue. This week I received a postcard from Newsweek's circulation department advising me of this very thing. 

Early versions of the bill, subsequently amended before eventually being signed by Gov. Ritter, targeted the in-state affiliates of large online retailers like Amazon, treating those online affiliates as if Amazon had a physical presence, like a store, in the state. Despite the changes, Amazon responded by ending their relationship with all Colorado affiliates within a week of the law taking effect.

The most comprehensive analysis of this suit, and what lies beneath it, appeared this week in The Colorado Statesman. The Statesman's Marianne Goodland explored the issue from several different perspectives and through the eyes of some varied sources, and came up with a picture that suggested some duplicity in the DMA's motives for filing this suit, citing consumer privacy, when they oppose proposed regulations protecting consumer privacy being debated at the federal level.

Still, the potential for the violation of consumer privacy concerning online purchases warrants further examination by the courts. Several other states are considering laws based on the Colorado model, so getting this settled from both a privacy and revenue standpoint seems like a good idea.

The consumer privacy arguments that appear to drive much of the DMA's case reminded me of a case that the ACLU of Colorado fought and won in 2002. In that case, Denver's Tattered Cover Bookstore successfully defended itself against a subpoena from the North Metro Drug Task Force requesting book purchase records for a certain individual.

There are obvious differences here; the subject of a criminal investigation vs. every Colorado taxpayer, for one. Since the world's largest online merchant, and one of the world's largest booksellers, is a key player here, one can see the potential concerns regarding what the Colorado Department of Revenue gets from them about the books you buy from Amazon or any other online retailer.

Amazon has gone as far as to litigate over this in other states. The ACLU of North Carolina joined them in a suit against that state, which is demanding the names and addresses of customers and what books they purchased. The ACLU chapter there believes that the state is going too far, and I'm inclined to agree.

To try to understand this better, and perhaps elicit a more informed comparison between this suit and the Tattered Cover case, I contacted the ACLU of Colorado requesting comment. Communications Director Erik Maulbetsch replied via e-mail that "it just isn’t a priority for the legal (department) to get into now."

Not a great response or approach by our state chapter at this point, but at least I got a reply. Ms. Goodland at the Statesman couldn't even get a phone call returned.

The free ride that consumers who purchase online have largely enjoyed with regard to sales tax may be coming to an end, as states that levy sales tax are seeing budgetary problems. The legal maneuvering required to accomplish this can be daunting, due to constitutional issues regarding interstate commerce and other things.

Some states, Colorado included, are treading a slippery slope between a citizen's right to privacy and their budgetary needs. The upcoming court battle in Colorado will likely prove interesting, and I'll try to follow it as I can.

Have a good rest of the week.

Alpine Bank Field at Suplizio Corner

During a recent visit to Omaha, one thing I noticed was a whole lot of construction going on in the downtown area. What's being built is a new stadium for the Creighton University baseball team. While that will be its primary use, what it will be most known for is replacing Rosenblatt Stadium as the annual location of the NCAA Division I College World Series.

With this in mind, I thought it very interesting when I read in today's Sentinel about the Chairman of the JUCO Committee approaching Grand Junction City Council about ways to secure funds to do an extensive remodel of city-owned Suplizio Field, long-time home of the NJCAA Division I College World Series.

While Council did a predictable thing when it comes to JUCO - put their moral support behind the remodel project, wonder aloud where the money will come from, and assign staff to research possible funding options - my recent travel, memory of some of the history involving the facility, and some rudimentary web surfing is steering me to some sort of logical conclusion as to where all of this simultaneous glad-handing and hand-wringing is leading to.

Did I mention that Omaha's new stadium has been named TD Ameritrade Park?

It's interesting that Jamie Hamilton, JUCO Committee Chair and CEO of Home Loan State Bank, approached council with a need for additional funding, and apparently did not mention the sale of naming rights as a possible funding source. Nor did the Sentinel, in their editorial supporting the project.

This concept isn't new to JUCO - the tournament itself has borne Alpine Bank's name for several years now - and in the past I've lamented about the manner in which advertising space and time is sold to place a brand-name label on just about every significant thing involved with the games and the operation of the tournament.

With this history, It just seems strange that Mr. Hamilton, and presumably many of the local leaders in business and government that also serve on the JUCO Committee, would treat the naming rights issue as something akin to an ace in the hole, or the 800-pound gorilla in the room.

Perhaps this is just the beginning of a political dance to arrive at that exact conclusion- a corporate sponsor is the only thing that will allow for an expeditious remodel. You can see the dancing happening already, in the form of the knee-jerk comments to the Sentinel's story. Thus begins the justification to seek private funding - incredulous taxpayers, willing but resource-scarce entities such as the City and District 51, and corporate sponsors, especially an image-poor financial services sector, with the money to put forth.

This is especially important in light of the reported Memorandum of Understanding between the JUCO Committee and the NJCAA, which will extend Grand Junction's role as host city for 25 years with a remodeled ballpark, but only 3 years without. Even though this sounds like a nice way for the NJCAA to say "put up or shut up", I guess that's how it's done in these circles. Strangely enough, the NCAA also made a 25-year commitment to the folks in Omaha when plans for their new stadium were finalized.

Should the naming rights strategy make its way from the back pocket of the JUCO committee to the forefront of actual discussions, there may still be some obstacles to obtaining a willing sponsor acceptable to the community at large, and their respective elected officials. The Sentinel editorial touched on it:

That’s a great idea, not just for JUCO, but for the community as a whole. With a more professional-style ballfield, the long-held local dream of one day attracting a minor league baseball team to Grand Junction might move closer to reality.

This brings up one big issue not related to financial matters, that being the City's reluctance, if not outright objection, to the sale of beer at the field, and at adjacent Stocker Stadium. Remember the Colorado Silver Bullets? They were interested in establishing Suplizio Field as a permanent home base, but it's hard to have a team sponsored by Coors Light when you can't enjoy a Coors Light at the ballpark.

Other issues that could impede a naming rights agreement are exactly who will have their name plastered on a city-owned facility. In the Omaha example, TD Ameritrade is a financial services firm. While I'm sure the "Ameritrade" moniker kind of fits with America's national pastime, it's important to remember the "TD" part - Toronto Dominion, a Canadian bank. Ameritrade isn't really an American company.

Also, the ballpark is currently named for the late Sam Suplizio. This could be the big reason that naming rights aren't being discussed, and perhaps that's for the best. If, however, a compromise can be reached to continue to honor the memory of Mr. Suplizio, while accomplishing the necessary name change to further the presence of JUCO in Grand Junction for the foreseeable future - think Invesco Field at Mile High - I don't think that Sam would mind.

Finally, corporate names can change, and as a result so can the names of facilities that the corporation has naming rights to. TD Ameritrade Park is being built not far from Omaha's indoor sports and concert facility and major convention venue, the Qwest Center. This facility may soon change its name if Qwest's acquisition by CenturyLink goes through.

As this year's JUCO tournament approaches, I understand how much of Grand Junction's community pride goes into the preparation and conduct of this event. Our local economy benefits greatly from those who travel here to attend or participate, and aside from the traffic there really isn't a lot of negative collateral impact to the community, especially in comparison to events like Country Jam.

Upgrading Suplizio Field to a facility worthy of first-class athletic events is a good idea. Regardless of the strategies that the City and the JUCO committee bring forth to accomplish the remodel, an open, public discussion of all potential options should be conducted. Bringing the proposal to an afternoon Council workshop - and appearing coy about what may be the most expedient way of accomplishing the goal - isn't the way to start.

Best wishes to the JUCO committee for a successful tournament and a bright future.

Do the Math - 53 Weeks Later

Here we are again at the intersection of 1st Street and Grand Avenue in Downtown Grand Junction. The Riverside Parkway has reduced some of the traffic load from the intersection, but it's still, in my opinion, the best location for a roundabout in GJ where there isn't one.

As in the past, I like to take a picture of the intersection not for the traffic, but for the two convenience stores and gas stations on either corner. Here's what I'm getting at:

While the overall situation is certainly better than it was a year ago, the question remains about the seemingly inexplicable discrepancy between two similar businesses, who appear on the surface to be selling fuel from the same oil company.

Why, then, does the business on the left feel they can sell regular gas for a quarter more than the business on the right? How is it that premium grade at the station on the right is less costly than regular at the station on the left?

I would love to be able to ask the appropriate management representatives these questions, and may get the chance to. I thought I would give our excellent professional media at the local level a shot at it first, though.

Looking forward to some more local reporting on this issue. Thanks!

Postcards from the Twitscape

Jon Stewart came up with the above term while skewering CNBC and Jim Cramer last week. The more I get back into my life in Grand Junction, the more enamored I am of a simpler, quieter existence.

This is especially in light of Pittsburgh columnist Reg Henry’s assertions yesterday (re-printed in the Sentinel) that Twitter and services like it are:

"..the symptom of a bigger, more fundamental problem. Our national motto is fast becoming: 'Attention Deficit Disorder -- It's Not Just for Kids Anymore.' Everything in the culture is now designed to cultivate minds like butterflies that flit from one subject to another and always alight softly."

I resemble these remarks, but luckily have not seen fit to embrace services like Twitter. Others seem to like it, but like many other things related to computers and the Internet, too much of my time is taken up with things related to these devices, and there are too many pieces of information that have the potential to subdivide my attention span worse than an Orchard Mesa annexation.

Here are a few things that caught a fragment of that attention span over the last few days:

A Noteworthy Irishman

The national media made note of several things going on at the White House on St. Patrick’s Day, from President Obama receiving a bowl of shamrocks from the Irish Prime Minister to the White House fountains spouting green water.

One item that wasn’t covered very much, however, was the President’s appointment of Dan Rooney to be U.S. Ambassador to Ireland. I had to look in a Pittsburgh paper for that. Mr. Rooney is the second-generation patriarch of the family that owns the Pittsburgh Steelers.

The Rooney family is one of the most revered owners in the NFL, all the way back to when Dan was helping his father Art Rooney Sr. build the Steeler dynasty of the 70’s. The Rooneys are held in high regard for the way they have run their team and cultivated players. They know what they’re looking for, and have a demonstrated formula for success; witness only three head coaches in 40 years, with each of them winning at least one Super Bowl.

They have also let players seeking what might be perceived as unreasonable money go seek their fortunes elsewhere, and have continued to win as a team despite the loss of supposedly 'name' talent. Examples include Gary Anderson, Joey Porter, and perhaps most notably, Plaxico Burress.

The bottom line here is that the Rooneys know how to run their business, and know how to manage people. I think that these are ideal intangible qualities that will help make Ambassador Rooney's tenure a productive and beneficial one.

Congratulations, Dan. Maybe you can get U2 to play the Burgh more often. And maybe a few shows at Red Rocks while you're at it.

Marjorie Moves On

Peripatetic freelance writer, journalist, and Free Press columnist Marjorie Asturias made me drop my mail when I read her farewell column in Wednesday's edition. She and her husband are moving back to Texas to be closer to family.

Marjorie's life experiences as expressed through her columns, along with her blogs on everything from running to Francophilia, conveyed a richness of living that I could only hope to scratch the surface of. What a dynamo.

Marjorie, here's to safe travels for you and B., and a continued great gift for conveying the world to others through your extraordinary talent and joie de vivre. Keep in touch with us when you can; one can only hope that the powerful analysis and insight that you lent to western Colorado will only become more sharpened when the subject is Texas. I'll keep your blog in the sidebar for when you get back to it.


So Does Mills

Godspeed to District 51 Superintendent Tim Mills and his wife, Gail, as they move on to another opportunity in Oregon. Their youngest is slated to graduate this year (I think), so it's probably the best time for them to do this.

My disagreements with the District lie more with operating inefficiencies at the school level than with the broad brushstrokes of running such an enterprise. From my vantage point, Tim did as good a job of running the District as anyone similarly equipped could have. Best wishes for a fresh start. Enjoy the Northwest.


It Ain't Heavy, It's My Newspaper

I read Denny Herzog's letter to Sentinel readers while I was out of town, and the first thing that I was concerned about was imagining that Gary Harmon and Rick Wagner were lobbying hard to make sure that one of the 5 comic strips cut from the print edition was Doonesbury. Fortunately, cooler (and smarter) heads probably prevailed.

It would seem that the paper is not only thinner, but that the production runs on the non-peak days (Wednesday, Friday, Saturday and Sunday) have been reduced as well. Driving home from work in the afternoon I see a lot of empty vending boxes.

A lot of print content is making its' way to the ever-expanding Internet edition of the paper, perhaps signaling not only the Sentinel's attempts to spruce up the siding and trim in advance of the Open House, but to also acknowledge that the future of mass communication lies not in the clack of the multi-color printing press, but the click of the netbook and the elegant silence of the phone-based browser.

With the demise of the Seattle Post-Intelligencer last week, and their announcement of a strictly web-based presence, the future of information delivery is being hastened by the loss of those tradition-based inefficiencies that can no longer be sustained in the current economy. The P-I's excellent investigative reporter Andrew Schneider now has his own blog, and I've linked to it in the sidebar.

Natasha Richardson

One of my co-workers said it best; "when it's your time, it's your time". Some Canadian media were trying to make a point about the EMS personnel that responded just after her fall being turned away, but it was also reported that she was the one who refused treatment. So it goes.
The larger debate brewing is about requiring skiers to wear helmets. That'll be interesting.

I remember Ms. Richardson best for her title role in the film version of one of the 1990's better novels, Margaret Atwood's The Handmaid's Tale. Not the greatest movie, but she was understated and radiant at the same time.

Ms. Richardson seemed to be more at home on the stage, and I would have loved to have seen her in the planned revival of A Little Night Music alongside her mother, Vanessa Redgrave.

Like so many things, tragically not to be. Send in the clowns.


Time to get away from the machine, and enjoy this springlike evening with a small fire and warm conversation with my sweetie, too far away. Enjoy your vernal equinox.

Finance in Perspective

I'm going to have to start taping Jon Stewart. In the course of one evening, he placed our financial system in sharp perspective, and laid waste to those who report on the system, and whose credibility is like the house of cards that our markets have become.

Yeah, my retirement took a big hit thanks to some of these jokers. I can't go on living every day in worry about those things. I've been there, and I feel that leaving things up to God, and receiving direction from him, is a far better arbiter of my life thus far than any balance sheet or talking head on the tube.

I pray for the awareness and resolve to use my God-given skills and abilities to focus on what is truly important, just as I pray for resolve, stability, and courage among those in government and the private sector who we trust to run things honestly and fairly.

Enjoy:

The Daily Show With Jon StewartM - Th 11p / 10c

The Dow Knows All

Daily Show Full Episodes
Important Things With Demetri Martin

Political Humor
Joke of the Day

The Daily Show With Jon StewartM - Th 11p / 10c

CNBC Gives Financial Advice

Daily Show Full Episodes
Important Things With Demetri Martin

Political Humor
Joke of the Day