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I have moved to newlyancient.com and will be writing regularly there! Content on this domain is no longer updated, but will be maintained as an archive in its original form.

Tag Archive for 'law'

Modern Ageism

Institution

The problem with our society is that ageism has been institutionalized. It is what makes personal assaults like this on students socially acceptable, since we aren’t really full people, are we? It limits out freedom of speech, since we can’t be expected to say anything intelligent. It lets us get away with ‘murder’ because we can’t be considered fully responsible for our actions. I think it is reasonable for certain restrictions to be placed upon people based upon their scientifically proven development and maturity. Unfortunately, the law and society draws a hard line in the sand, universally, which is based upon fear instead of fact.

Most neurologists agree: the brain is not fully developed during adolescent years. Adolescents, and to a greater extent children, lack full intelligence and emotional maturity. However, most research puts the brain peak at sometime in an individual’s 20s–not at 18. I do not disagree with this, but the problem is that this science is not reflected in society and the law. This research yields two conclusions:

  1. The brain does not develop at an equal speed for everyone. Some people achieve intellectual or emotional maturity well before their 18th birthday. Others never do.
  2. The age of 18 is not a critical milestone in the average individual’s brain development.
Brain

Unfortunately, these points are not taken into account within the frameworks of the law and society. In the eyes of the law (and thus society), everyone is an adult when they reach the age of 18 (though they can lose that status if proven to be severely deficient). If the age of majority isn’t based upon science, then it must be based on tradition, right? Wrong. Before the 26th amendment, the age was at 21 (which is still reflected in drinking laws). In other societies, it has been lower (around 13 or 14). Therefore, tradition doesn’t play a large role in why the line should be drawn at 18.

Put simply, the line is drawn at 18 because of fear. Society is always afraid of the next generation. Some day, we will be taking your jobs and stealing the upper hand. Naturally, those with the power (read: voters and politicians), would like to keep that age as high as possible so as to delay their eventual loss of power. The problem with this approach is that it ignores the merits of an individual in favor of a simple rule. (On another note, the powers are perfectly happy to use labor lower than 18 both domestically and in the military.)

Obviously, I am not going to change society with a blog post. However, that’s not my goal: my goal is to get you to stop standing behind the paltry defense of irrational laws which legislate the value of vast swaths of people. Instead, I ask you to judge people based upon their individual merits, intelligence, and maturity.

Of course, a natural argument against that is that you as a teacher are entrusted with the well-being of your students. While that is true, it does not apply online since almost none of your students are online.

To me, I think the contract between a teacher and student is a sacred one. (By association, the parents as well) In exchange for the teacher’s time and expertise, the student offers himself to be open to learning from that pool of knowledge, and trusts the teacher. Coming with this, the student (and his parents), expect that the teacher will always have the best interests of the student at heart. Where the teacher loses sight of that, even if he thinks he is doing the “right” think, for whatever reason, that contract has been breached and the teacher is at fault. Keating broke this pact, and dire consequences ensued.

Most importantly, this contract supersedes age: even if your student is 52, it still applies. However, when not engaged in a student/teacher relationship, simply asses an individual based upon their personal merits. No matter how hard it may be, try to put assumptions based upon age aside and see a person for who they are.

Naturally, this brings up some moral and legal conflicts which Christian summarizes quite well:

Intellect aside, our ability to engage in serious/sincere conversations inside our classrooms and inside the blogosphere demands that we accept the roles of a) legal and b) moral implications. With regards to a “student” that is under the age of 18, the courts and society both demand that adults must play by different roles than children (using the legal sense of the word, not a pejorative sense of it). Arthus — intelligence, computer/coding/digital knowledge and blogging ‘personality’ aside — you desire for ‘peer’ status with legally adult bloggers (etc) holds ground in terms of common decency, respect, and our collective interest in ‘learning’. On the other hand, once you get into moral and legal realms, it begins to fade in terms of legitimacy (not because you or someone else lacks ability, but because society and the courts deem it as such). Because of that, any adult who acts in a formal or informal way in the blogosphere must still behave in a way that a child is not required to. Consider your ability to make mistakes when it comes to blogger discourse/debate to be more protected than that of an adult who is working beside you or in opposition to you.
Constitution

As discussed, society and the law do create higher standards for “adults” than for teens. The way that society and the law can be completely avoided is simple: ignore them. Rather, act in such a manner that society and the law would never have reason to question you. To do so, treat everyone (online) as though they were morally and legally a child. What that means:

  1. No cyber-bullying.
  2. No creepy stuff. You know that guy. Don’t be him.
  3. Respect people’s boundaries. If someone chooses to remain anonymous, leave it at that, whether they are an adult or a teen.

If you hold yourself and others (including youth) to a high standard, then society has no reason to question you and your motives. Achieve equality through raising the standards for everyone. (To be clear, the student/teacher relationship will always supersede this when someone is actually your student.)

Just as I expect adults to follow these guidelines, I hold myself to them as well. If students want to be treated equally, we must accept equal responsibility.

  1. Photo by Elephi Pelephi on Flickr
  2. Photo by Mikey G Ottawa on Flickr
  3. Photo by Thorne Enterprises on Flickr

Burying the AP in a Grave of its Own Making

AP Banned

The Associated Press has decided to join the MPAA and RIAA by jumping on the bandwagon of blatantly ignoring existing copyright law. Over the weekend, the AP sent 7 DMCA takedown notices to the Drudge Retort (a parody of the Drudge Report) for short snippets posted on the site. (Update: This isn’t the first time the AP has misinterpreted fair use) For those of you who are unaware, the AP has a long history of trying to squash all competition. By essentially having a monopoly on the news, the AP is able to keep new outlets from springing up where a member paper already is. Then, along came the Internet, where it is impossible to have a monopoly on the news. Of course, the AP has had some trouble with this new market. Their response? Sue everyone in site.

Obviously, these postings are clear instances of fair use. Only 1 of the stories used the original headline and all six were under 79 words. Clearly, these could not replace the original article. In fact, these stories would help the AP by sending traffic their way. For those of you on the edge, here is a quote of a story in question:

Clinton Expects Race to End Next Week

Hillary Rodham Clinton says she expects her marathon Democratic race against Barack Obama [sic] to be resolved next week, as superdelegates decide who is the stronger candidate in the fall. “I think that after the final primaries, people are going to start making up their minds,” she said. “I think that is the natural progression that one would expect.”

This story only uses 18 words from the original story, along with a 32 word quote of Hillary Clinton. It also includes a link back to the original article. Despite falling clearly under fair use, the stories had to be taken down due to the ridiculousness of the DMCA. Once again, the flaws of the DMCA are abundantly clear: it favors huge companies and organizations who are then able to trample over all forms of public debate and opinion. Yet, the associated press claims it is not fair use:

The use is not fair use simply because the work copied happened to be a news article and that the use is of the headline and the first few sentences only. This is a misunderstanding of the doctrine of “fair use.” AP considers taking the headline and lead of a story without a proper license to be an infringement of its copyrights, and additionally constitutes “hot news” misappropriation.

Ummm, what? It is not fair use because it happened to be a news article. Since when did news articles not have to follow standard copyright law? According to the AP, using the headline and the first few sentences only is not what fair use intends. In fact, that is the essence of fair use: quoting a small piece of a copyrighted material to provide commentary or clarification. What would they rather have us do, quote the entire article? No, I think they want bloggers to buy licenses:

The Associated Press encourages the engagement of bloggers — large and small — in the news conversation of the day. Some of the largest blogs are licensed to display AP stories in full on a regular basis. We genuinely value and encourage referring links to our coverage, and even offer RSS feeds from www.ap.org, as do many of our licensed customers.

According to the New York Times, the AP has apparently backed down from the original heavy-handed stance. Looking between the lines, it actually looks like the AP might be gearing up to launch a further onslaught against bloggers. By developing a set of guidelines (stricter than the law allows), the AP will be prepared to send out wide-spread DMCA notices. Unfortunately, most bloggers will have to comply and will not be able to challenge in court, even though they would win there. Interestingly, the AP has still not withdrawn the takedown notice for the 7 original stories. In a rather observant remark, the vice president of the AP draws the clear connection with the RIAA:

“We are not trying to sue bloggers,” Mr. Kennedy said. “That would be the rough equivalent of suing grandma and the kids for stealing music. That is not what we are trying to do.”

And no other organizations have ever tried that? Looks like the AP has decided to follow in the footsteps of the MPAA and RIAA. Fortunately, TechCrunch has a response: ignore all AP stories. Henceforth, we bury AP stories and don’t quote them. I am more than happy to sign onto this and will no longer link to or quote an AP story on this blog. Let’s see how long this copyright strategy lasts if their traffic drops like a stone.

You can find the original stories summarized on this page.

Simon Owens has extensive information upon the AP’s record and interviewed Rogers Cadenhead about the story.

Freedom of Expression

No School Uniforms Button

The New York Times has an interesting article up about freedom of expression (speech) in schools. Personally, I feel that students should be free to wear whatever pleases them. If someone doesn’t like what you are wearing, then they can ignore it. Basically, school should be regarded as a standard public place. Students deserve rights too. The most ubsurd of the attacks are of course when the administration uses its plainly authoritative powers to clamp down upon all unrest. Schools can certainly be incredibly dictatorial. Take the case of a 3rd greader not being allowed to start a petition:

In Walker-Serrano v. Leonard, parents sued when school officials, citing safety issues with pencils on the playground, halted a petition drive being conducted by a third-grade student unhappy with a planned class trip to the circus. (She was protesting animal cruelty.)

Give me a break. Pencils dangerous on the playground? It’s third grade for crying out loud… The worst part is that the district won. Students deserve to be regarded as intelligent people too, not just robots bent upon hurting themselves. Freedom of expression shouldn’t just be limited to adults.