Wednesday, February 13, 2008

Five Bells! The Crazy Is Loose!


It's been a dry, cold season - at least under the Gold Dome. Bills fly through practically unopposed. Major issues like water, guns and Grady are shuffled around with barely a rustle. Heck, even though the Human Right To Life Amendment is still alive, Rep. Bobby Franklin has held his prayer meetings to a murmur.

It's hard out there for a blogger.

Then came SB59.

A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide definitions; to provide that it shall be illegal for the owner or operator of a social networking website to allow a minor using a protected computer to create or maintain a profile web page on a social networking website without the permission of the minor's parent or guardian and without providing such parent or guardian access to such profile web page; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
In other words, unless social networking sites, i.e. twitter, facebook, myspace, lastfm, etc., provide certain parental controls their owners could end up in the hoosegow.

SB59 has that certain special brand of crazy which inspires the bloggers of Georgia to pull together on the same end of the rope.

Rusty:

So, the state Senate wants to try to ban minors from joining MySpace. No word yet on whether they plan to ban church picnics, where minors are actually more at risk than they are on MySpace.
Leonard Witt:

Of course, as someone who just started a social networking site for SoCon08 to help Georgia businesses, nonprofits and entrepreneurs, it worries the hell out of me.
Jason Pye (who might be ready to storm the castle):

I have an idea. Let's just ban the damn internet. That would solve the problem. Let's bring Georgia back to the stone age. We don't need technology, right? It's evil.
Even the heavy hitters at Peach Pundit:

Yet more idiot-based legislation is making its way through our Senate chambers. A few dopes think we can’t teach our kids about the Internets on our own, so they’ll just take it away.
Well, while we are all a little excited (and some us grateful for something to finally write about) the fact remains the thing is probably about as useless as hen's teeth.

First of all it's not enforceable. The only way to arrest the nasty pedophile assisting scofflaws is to raid their hosting facilities. Most of these are either located outside of Georgia or are part of a distributed network across several states. Which brings us to....

...a little thing called the Interstate Commerce Clause in the U.S. Constitituion. The power to regulate commerce between the states is explicitly limited to the Federal Government meaning any attempt to affect a business in another state is patently unconstitutional. Even if the hosting facility is in Georgia given the required connectivity to servers elsewhere and the elasticity the Supreme Court has acknowledged in the clause, it would still be patently unconstitutional.

I suppose there is a small chance someone operating solely in Georgia could be arrested by an overzealous law enforcement official. They might even be inconvenienced by some time in the pokey. But imagine the outcry, lawsuits or public damage such a case would cause. Would anyone actually risk that media maelstrom? We should qualify by saying anyone outside the Georgia Senate.

Which brings us to the ultimate point. Jason has it right. Anyone who votes for this thing should be thrown out of office on the simple grounds of idiocy. If our guardians of democracy under the dome can't understand concepts taught in an 11th grade civics class should we really trust them with anything else?

9 comments:

Richard said...

I wouldn't go with "patently unconstitutional." It might be, it might not.

But as a law that does not discriminate between Georgia owners/operators or non-Georgia owners/operators, and as said owner/operators of social networking websites could easily be found to be "doing business" in Georgia by virtue of providing their services to Georgians over the Internet, I think you could make a good defense of this law's constitutionality.

This law is dumber than a box of hammers, I grant you that, but to quote Justice Stevens: "The Constitution does not prohibit legislatures from enacting stupid laws."

griftdrift said...

Patently unconstitutional! So let it be written so let it be done!

Seriously though. Unless you have a completely closed system practically every transaction involving the internet is interstate. Whether it's a web host in California, a DNS server in Virginia, ICANN's registration servers or something as simple as your OS contacting the Naval Observatory for the correct time.

For that reason the internet may be the most tied to interstate commerce than any other system we have ever seen.

I think you could make an argument at some very granular levels but once you get to a level as high as this bill, suddenly you are involving a great many states. For that reason I believe the Supremes would definitely step in and say "ours not yours"

Richard said...

The case law appears mixed. See here, here, and here.

Some state laws regulating Internet activity have been struck down on dormant commerce grounds, some have not.

Grayson: Atlanta, GA said...

Yepper. I didn't call it "idiot-based" for no clear reason at all.

Anonymous said...

Facebook and Orkut are two of the most popular social networking sites. Both of them offer very similar features and capabilities.If we compare Facebook vs. Orkut.com from a market share perspective then it will show you that both are considerably behind MySpace with Facebook owning just over 11.5% of the market share and Orkut having less than 1%. Facebook has become very popular in North America over the last few months whereas Orkut is extremely popular in India.

Many people prefer Facebook to orkut as Facebook is a much more professional looking whereas Orkut looks somewhat unfinished,Facebook's Mini Feed feature is useful in seeing a quick snapshot on the latest happenings within your network,the ease at which you can customize layouts within FaceBook, especially the drag and drop option,the ability to supply how you know a person (through school, other friends, work, randomly, etc). This is especially interesting when you and one your contacts know the same person, but through different ways. Creating profiles in such websites for my business hotels, budget hotels, holiday packages is happening good in Alexa traffic details.

Anonymous said...

runescape money runescape gold runescape gold runescape money buy runescape gold buy runescape money runescape money runescape gold wow power leveling wow powerleveling Warcraft Power Leveling Warcraft PowerLeveling buy runescape gold buy runescape money runescape items runescape accounts runescape gp dofus kamas buy dofus kamas Guild Wars Gold buy Guild Wars Gold lotro gold buy lotro gold lotro gold buy lotro gold lotro gold buy lotro gold runescape money runescape power leveling runescape money runescape gold dofus kamas cheap runescape money cheap runescape gold Hellgate Palladium Hellgate London Palladium Hellgate money Tabula Rasa gold tabula rasa money Tabula Rasa Credit Tabula Rasa Credits Hellgate gold Hellgate London gold wow power leveling wow powerleveling Warcraft PowerLeveling Warcraft Power Leveling World of Warcraft PowerLeveling World of Warcraft Power Leveling runescape power leveling runescape powerleveling eve isk eve online isk eve isk eve online isk tibia gold Fiesta Silver Fiesta Gold SilkRoad Gold buy SilkRoad Gold runescape accounts buy runescape accounts rs2 accounts buy rs2 accounts runescape power leveling rs2 power leveling FFXI Gil buy FFXI Gil gaia gold buy gaia gold buy dofus kamas buy dofus kamas dofus kamas runescape accounts buy runescape accounts rs2 accounts buy rs2 accounts runescape power leveling rs2 power leveling rs2 gold buy rs2 gold runescape

wongold said...

From wow gold the monster filled wow gold depths of Wailing cheap wow gold Caverns to the fanatic's cheap wow gold stronghold known as Scarlet buy wow gold Monestary, the buy wow gold world of Azeroth is a place of world of warcraft gold great danger world of warcraft gold and adventure. Whether fast wow gold you seek to unravel the machinations of free wow gold Onyxia, stem the fast wow gold growth lotro gold of the buy cheap wow gold Scourge or destroy wow gold for sale the resurrected wow gold tips avatar sell wow gold of Hakkar, having wow gold guide to show you age of conan gold the way around the age of conan gold can only be aoc gold to your aoc gold advantage. Simply cheap aoc gold getting to level 60 sometimes buy aoc gold is not enough ffxi gil - in order ffxi gil to even rs gold gain swg credits entrance into silkroad gold the epic guild wars gold dungeons such as anarchy gold Molten Core, Blackwing gaia gold Lair and 2moons dil Naxxramas, your maple story mesos character eve isk must lineage 2 adena complete eq2 plat difficult and warhammer online gold dangerous warhammer gold quests that must warhammer power leveling be done buy warhammer gold in a wow power leveling group.

Whether wow powerleveling,wow power leveling,wow powerleveling you are Alliance or Horde, power leveling the quests to powerleveling become world of warcraft power leveling attuned to world of warcraft powerleveling any high world of warcraft power leveling level dungeon world of warcraft powerleveling needs to be wow power level done in groups. Some wow power level quests require wow powerlevel you to go wow powerlevel to the wow leveling very lowest levels wow leveling of Blackrock Depths, or travel the world power leveling seeking elite dragons ffxi power leveling to kill, or confront aoc power leveling Onyxia and her minions rs power leveling in the throne room of Stormwind City.

runescape gold said...

lotro
lotro gold
lotr online
lotr online
lotro money
lord of the ring
lotro
lotr online
lotro gold
lotro money
lord of the ring
maplestory
maple story
maplestory mesos
maple story mesos
maple story hacks
maplestory hacks
maple story cheat
maplestory cheat
cheap maplestory mesos
buy mesos
cheap maple story mesos
buy maplestory mesos
cheap maplestory mesos
maplestory
maple story
maplestory mesos
maple story mesos
cheap maplestory mesos
buy mesos
cheap maple story mesos
buy maplestory mesos
cheap maplestory mesos
wow gold
buy wow gold
cheap wow gold
wow
wow power leveling
wow powerleveling
world of warcraft
world of warcraft gold
warcraft gold
world of warcraft power leveling
world of warcraft powerleveling
runescape
runescape gold
runescape money
runescape
runescape gold
runescape money
runescape
runescape gold
runescape money
Age Of Conan
Age Of Conan Gold
AOC Gold
AOC Powerleveling
AOC Power leveling
Age Of Conan Powerleveling
Age Of Conan Power leveling

Anonymous said...

アーネスト
賃貸
アクサ
三井ダイレクト
設計事務所
ゲーム 専門学校
ウェディング
ショッピング枠 現金化

行政書士
現金化
結婚式
有料老人ホーム
副業
クレジットカード 現金化
看護
ウェディング
earnest
デザイン 専門学校