Categories
Legal, Laws, and Regs

Bad Laws

Tomorrow Judge George Wu is presiding over a session regarding the requests for dismissal of the misdemeanor convictions against Lori Drew and the mistrial on one count. I’ve been working for some time now on a longer writing about Lori Drew and Megan Meier that I hope to publish as soon as we see where this particular play ends. In the meantime my state passed a modification to our state’s harassment laws reflecting the events surround Lori Drew and Megan Meier. The newly modified law has been invoked seven times since its passage in August.

I thought I would share my state’s harassment law with you. As you read it, think back on the interactions you’ve had with others in the past. Ask yourself: how many people do you know could be criminally charged based on this law? Include yourself, if appropriate.

Harassment.

565.090. 1. A person commits the crime of harassment if he or she:

(1) Knowingly communicates a threat to commit any felony to another person and in so doing frightens, intimidates, or causes emotional distress to such other person; or

(2) When communicating with another person, knowingly uses coarse language offensive to one of average sensibility and thereby puts such person in reasonable apprehension of offensive physical contact or harm; or

(3) Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication; or

(4) Knowingly communicates with another person who is, or who purports to be, seventeen years of age or younger and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to such other person; or

(5) Knowingly makes repeated unwanted communication to another person; or

(6) Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person’s response to the act is one of a person of average sensibilities considering the age of such person.

2. Harassment is a class A misdemeanor unless:

(1) Committed by a person twenty-one years of age or older against a person seventeen years of age or younger; or

(2) The person has previously pleaded guilty to or been found guilty of a violation of this section, or of any offense committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this subsection.

In such cases, harassment shall be a class D felony.

3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.

Since I live in Missouri and am subject to this law, I have a change of policy at my place.

If you are 17 years of age or younger, you are not welcome to write a comment to my posts. I cannot run the risk that another person may respond to your comment in such a way that you won’t take offense. I can’t run the risk that I won’t be that person. Therefore to ensure that no one here “accidentally” commits a criminal activity, children under 17 are not permitted to comment. Personally, I’d rather you not read the site, either, as I’m sure to write something some day that the Missouri legislature will determine to be “harmful” to children.

If you want to comment anonymously, feel free. Note, though, that you must then be the nicest, sweetest, most agreeable person in the world. Plenty of joy-joy feelings, and as harmless as a newborn kitten. This isn’t for my sake— this is to protect you. After all, if you cause emotional distress to another person while commenting in my space anonymously, you’re in violation of my state’s harassment laws. I’m sure that California isn’t the only state that has a US Attorney or other prosecutor who wants to make a name for him or herself, and is willing to use the flimsiest excuse to do so, including going after anonymous commenters in a Missouri-based weblog. Especially when said US Attorney is under fire for other actions, and knows he or she is unlikely to keep their job once a new administration is in place.

Watch the birdie, not the hand!

I’ve also resolved to stop being critical of people like Mike Arrington, Robert Scoble, Dave Winer, et al. After all, my writing in my web space is a communication, and we know that it’s unwanted—I do believe each has indicated at one time or another that they find me distasteful. They may each have told me to go away, at some point. Therefore, any future writing about them, especially critical writing, makes me into a criminal.

Heck, maybe we should just all shut up, except to say how good everything is, and how peachy keen everyone is, and aren’t we all just so damn happy? Then no one will take any offense at anything we say.

Well, no one will take offense but those people who still think. And who writes laws to protect those who still think?

No one.

update The conference on the 29th was a status conference, which is usually held pre-trial. I’m assuming this may have to do with the mistrial. No idea when Judge Wu will rule on the dismissal requests, or if he’ll rule on the dismissal requests. He seems to prefer keeping this case in a state of limbo.

update

The prosecutor in the Lori Drew case has dropped the conspiracy charge. Judge Wu has set a court date for January 8th, regarding the requests for dismissal from the defense.

Categories
Connecting

Read. Watch.

I don’t cry easily.

Read the post. Watch the photo slideshow. Support the Courage Campaign.

Categories
Photography

Business sucks and other images from Gringo Jones

As part of a story I’m doing for MissouriGreen, a first set of photos of the famous Gringo Jones Import and Other Stuff near the Botanical Garden. The sign out front says it all: Business Sucks. Come in and deal.

In front of Gringo's

Welcome to Gringo Jones, one of the funnest, funkiest places in St. Louis.

By front door

Everything is for sale.

hodge podge
Suns

Except the four dogs and three cats. Or is that four cats and three dogs?

old dog on couch
dogs

The card reads, Fur coat … Somewhere between mink and West county road kill

maybe mink

Categories
Critters Photography

Babies

The St. Louis Zoo had an exceptional year when it came to zoo babies. As a Christmas treat, I give you the cute, the furry, the frolicking, and the fun.

Grevy Zebra

Kalama was born in August, 2008. There are now only 2,200 Grevy’s Zebras in the wild, but there’s a healthy population in zoos. The same can also be said of our next baby, a giraffe who was famous literally from birth.

new giraffe

Typically giraffes will give birth in private, but not this time. This little guy was born in June, in front of an audience of hundreds. There’s even a YouTube video of his birth.

The St. Louis Zoo giraffes share an enclosure with Speke’s gazelles and the zoo’s sole ostrich. The ostrich and the baby have had a fascination each other from the beginning, and will take turns following each other around the enclosure. However, both are motivated by curiosity, not friendship, as the ostrich will peck at the giraffe, and the giraffe kick at the ostrich. However, neither hurts the other and they do seem to keep each other entertained.

friends

the giraffe family

Domestic asses are common, but wild asses are critically endangered. That’s why the zoo’s breeding program is so important. And successful, too! The zoo didn’t have one Somalia Wild Ass baby this year, it had three, including this little one, born in June.

somalia wild ass

The President of the zoo, Dr. Bonner, wrote that one of the problems the zoo has with the Somalia Wild Ass is their name— leaders of school groups aren’t sure about saying their name because of the negative connotations associated with “ass”. After reading this, every time I stop by the enclosure I chant, “Say it loud, say it proud: Ass! Ass! Ass!”

I have not been kicked out of the zoo. Yet.

tiger cubs

The stars this year at the zoo have been the five Amur tiger cubs born April 28, and named Peter, Ivan, Andrea, Zhanna, and Tikva. The two males and three females have consistently been a hit with the crowds, and no wonder: they’re fascinating to watch. If you’re not familiar with Amur tiger, this species was originally named the Siberian tiger. They’re the largest cat in the world, and one of the rarest, so these five babies were greeted with relief, as well as delight.

cubs

cubs in water

cub

wrestling cubs

The cubs’ Mom, Kalista is a first time mother, but has proven to be exceptional— managing to care for her rather large brood with only a small assist from the veterinary staff for a couple of the lower weight cubs.

mom and child

mother and cub

Then there’s Sofiya. Sofiya is an Amur Leopard cub, the rarest cat in the world. She was a twin, but her brother did not survive birth. In addition, first time mother, Mona, rejected her daughter, and so Sofiya was hand raised by zoo staff.

Sophie1

Sophie2

Sofiya is lovable and charming, playful and clever. She’s fearless and funny, and astute and will stalk birds flying overhead and enamored photographers with equal enthusiasm.

Being stocked by my little girl

Merry Christmas, and Happy New Year.

Categories
Social Media

Threads

Dave Rogers:

I’m somewhat chagrined to note that I’ve imbibed the Facebook Kool-Aid™. What has tipped the balance for me is the iPhone application, and the fact that many of my “meat-space” friends are on Facebook. If you’re a regular reader and are also on Facebook, look me up as David Michael Rogers. (I was playing games with Google when I created my account there more than a year ago. I’m the top hit as “Dave Rogers” on the Big G, but I wanted a lower profile on FB. If you were looking for me on Google, you’d be inclined to think I’d have the same name on FB. Or something. Anyway…)

It’s also damn convenient to post a link to an article on Facebook, and upload pictures from the iPhone, both of which I’ve been doing with some frequency. The downside is, I’m less inclined to do so here because of it.

Is this you, Dave?

I was a little surprised to read of Dave’s new enthusiasm for Facebook. Surprised and a little disappointed, because Facebook, unlike other social networking sites, prohibits access to member pages unless you, yourself, are a member, and I canceled my account months ago.

A person would have to be fairly dense not to realize that so much of discussions that once took place in weblogs now occurs elsewhere: Facebook, MySpace, Twitter, Friendfeed…the wave has moved on.

I have been putting tentative toes into both Twitter and Friendfeed, but I don’t find the activity to be terribly comfortable. I don’t think I have the gift of gay repartee, and am afraid I come across as rather dull—like a person going to a party in Silicon Valley and spending the entire time talking about RDF. However, I will keep dabbling my toes. Perhaps someday I will progress to that person who talks about HTML5 at the same parties.

Then there are those, such as Robert Scoble, who seemingly suffer at the opposite end of the social networking spectrum— following thousands and thousands and being followed by thousands and thousands in return. Such an existence, to me, would be nothing more than a constant state of noise, none of which would have any meaning in and of itself. When would a person have time for self?

A friend gave me a book, Solitude: A Return to Self, by Anthony Storr. It was first published in 1988. How fascinating it would be to see this book updated to modern times, incorporating the internet and the social networks that surround us. Storr does seem to have predicted the direction these networks would take, though.

Contemporary Western culture makes the peace of solitude difficult to attain […] Indeed, noise is so ubiquitous that many people evidently feel uncomfortable in its absense. Hence the menace of ‘Muzak’ has invaded shops, hotels, aircraft, and even elevators. Some car drivers describe driving as relaxing, simply because they are alone and temporarily unavailable to others. But the popularity of car radios and cassette players attests the widespread desire for constant auditory input; and the invention of the car telephone has ensured that drivers who install them are never out of touch to those who want to talk to them.

Nowadays we have the internet, always accessible via iPhone or other handheld device. We are never alone, never out of touch. Comforting on a dark, country road with our gas tanks hovering near empty, but what about the search for self?

Removing oneself voluntarily from one’s habitual environment promotes self-understanding and contact with those inner depths of being which elude one in the hurly-burly of day-to-day life. In the ordinary way, our sense of identity depends on interaction both with the physical world and other people. My study, lined with books, reflects my interests, confirms my identify as a writer, and reinforces my sense of what kind of person I consider myself to be. My relationships with my family, with colleagues, friends, and less intimate aquaintenances, define me as a person who holds certain views, and who may be expected to behave in ways which are predictable.

But I may come to feel that such habitually defining factors are also limiting. Suppose that I become dissatisfied with my habitual self, or feel that there are areas of experience or self-understanding which I cannot reach. One way to exploring these is to remove myself from present surroundings and see what emerges. This is not without dangers. Any form of new organization or integration within the mind has to be preceded by some degree of disorganization. No one can tell, until he has experienced it, whether or not this necessary disruption of former patterns will be succeeded by something better.

The desire for solitude as a means of escape from the pressure of ordinary life and as a way of renewal is vividly demonstrated by Admiral Bryd’s account of manning an advanced weather base in the Antarctic during the winter of 1934. He insisted on doing this alone. He admits the desire for this experience was not primarily the wish to make meteorological observations, although these constituted the ostensible reason for his solitary vigil.

Aside from the meteorological and auroral work, I had no important purpose. There was nothing of the sort. Nothing whatever, except one man’s desire to know that kind of experience to the full, to be by himself for a while and to taste peace and quiet and solitude long enough to find out how good they really are.

 

Today, Admiral Byrd would be expected to have a MySpace page, post frequently to Twitter, and publish photos to Flickr. Not to do so, would mark him as unsocial, at best, a Luddite at worst. Of course, as the new interview with Clay Shirky would suggest, the technology is not a problem, we only need to establish the right filters.

So, the real question is, how do we design filters that let us find our way through this particular abundance of information? And, you know, my answer to that question has been: the only group that can catalog everything is everybody. One of the reasons you see this enormous move towards social filters, as with Digg, as with del.icio.us, as with Google Reader, in a way, is simply that the scale of the problem has exceeded what professional catalogers can do. But, you know, you never hear twenty-year-olds talking about information overload because they understand the filters they’re given. You only hear, you know, forty- and fifty-year-olds taking about it, sixty-year-olds talking about because we grew up in the world of card catalogs and TV Guide. And now, all the filters we’re used to are broken and we’d like to blame it on the environment instead of admitting that we’re just, you know, we just don’t understand what’s going on.

Admiral Byrd was 46 when he staffed the meteorological base, and almost died of carbon monoxide poisoning from a faulty stove. To survive, he would have to turn off his heat, sitting alone in the dark and the cold for hours at a time, but still sending in reports while trying not to convey how desperate his situation was to prevent a dangerous mid-winter rescue. He would later write that he never regretted the experience, because it taught him appreciation of the “sheer beauty and miracle of being alive”.

My own need for solitude fits somewhere between Robert Scoble and Admiral Byrd.