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	<title>Comments on: John McCain’s War On Blogs?</title>
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	<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/</link>
	<description>Online Journal of Politics and Foreign Affairs</description>
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		<title>By: libhomo</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-107155</link>
		<dc:creator>libhomo</dc:creator>
		<pubDate>Mon, 18 Dec 2006 12:50:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-107155</guid>
		<description>The purpose of this legislation is to shut down blogs run by individuals with day jobs.  Comments on blogs can go back for years.  Having to go back and look at every comment to see if some right-wing wacko might call it &quot;obscene&quot; (and this Justice Department is loaded with right-wing wackos) will have the effect of shutting down individual voices in the blogosphere.

John &quot;Keating Five&quot; McCain is an extremely corrupt politician, and he always has been.  This is an attempt to limit blogs to the corporate media.</description>
		<content:encoded><![CDATA[<p>The purpose of this legislation is to shut down blogs run by individuals with day jobs.  Comments on blogs can go back for years.  Having to go back and look at every comment to see if some right-wing wacko might call it "obscene" (and this Justice Department is loaded with right-wing wackos) will have the effect of shutting down individual voices in the blogosphere.</p>
<p>John "Keating Five" McCain is an extremely corrupt politician, and he always has been.  This is an attempt to limit blogs to the corporate media.</p>
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		<title>By: aTypical Joe: A gay New Yorker living in the rural south.</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106983</link>
		<dc:creator>aTypical Joe: A gay New Yorker living in the rural south.</dc:creator>
		<pubDate>Fri, 15 Dec 2006 14:49:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106983</guid>
		<description>&lt;strong&gt;Guns &amp; bloggers...&lt;/strong&gt;

Amanda at Think Progress sees a war on blogs in the odious McCain &quot;Stop the Online Exploitation of Our Children Act.&quot; Last week I pointed, twice, to the CNet report about it. Digby&#039;s commentary from last night - &quot;you have......</description>
		<content:encoded><![CDATA[<p><strong>Guns &#38; bloggers...</strong></p>
<p>Amanda at Think Progress sees a war on blogs in the odious McCain "Stop the Online Exploitation of Our Children Act." Last week I pointed, twice, to the CNet report about it. Digby's commentary from last night - "you have......</p>
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		<title>By: rob</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106975</link>
		<dc:creator>rob</dc:creator>
		<pubDate>Fri, 15 Dec 2006 12:13:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106975</guid>
		<description>Even if it &lt;em&gt;is&lt;/em&gt; relatively innocuous, there&#039;s still no justification for it. To think this is going to do &lt;em&gt;anything&lt;/em&gt; to &quot;stop the online exploitation of our children&quot; is ridiculous.</description>
		<content:encoded><![CDATA[<p>Even if it <em>is</em> relatively innocuous, there's still no justification for it. To think this is going to do <em>anything</em> to "stop the online exploitation of our children" is ridiculous.</p>
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		<title>By: Polimom Says</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106957</link>
		<dc:creator>Polimom Says</dc:creator>
		<pubDate>Fri, 15 Dec 2006 01:20:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106957</guid>
		<description>&lt;strong&gt;One in five has met a predator online?...&lt;/strong&gt;

From KHOU:
H-I-S-D Superintendent Abe Saavedra issued an urgent bulletin to parents Thursday warning of the dangers posed by internet predators.
The Houston school district—working with the secret service &#8212; reports that one in five children who...</description>
		<content:encoded><![CDATA[<p><strong>One in five has met a predator online?...</strong></p>
<p>From KHOU:<br />
H-I-S-D Superintendent Abe Saavedra issued an urgent bulletin to parents Thursday warning of the dangers posed by internet predators.<br />
The Houston school district—working with the secret service &#8212; reports that one in five children who...</p>
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		<title>By: Iowa Voice</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106956</link>
		<dc:creator>Iowa Voice</dc:creator>
		<pubDate>Fri, 15 Dec 2006 01:14:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106956</guid>
		<description>&lt;strong&gt;Once More, I&#8217;m Ahead Of The Curve...&lt;/strong&gt;

I posted on Tuesday about John McCain&#8217;s boneheaded legislation that supposedly targets sex offenders and child porn.
I saw it for what it was, a brazen attempt to shut down free speech on the in&#8230;

......</description>
		<content:encoded><![CDATA[<p><strong>Once More, I&#8217;m Ahead Of The Curve...</strong></p>
<p>I posted on Tuesday about John McCain&#8217;s boneheaded legislation that supposedly targets sex offenders and child porn.<br />
I saw it for what it was, a brazen attempt to shut down free speech on the in&#8230;</p>
<p>......</p>
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		<title>By: Brian</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106955</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Fri, 15 Dec 2006 01:01:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106955</guid>
		<description>I posted about this days ago on Iowa Voice (&lt;a href=&quot;http://www.iowavoice.com/2006/12/12/mccain-in-an-idiot/&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;), and I think there is serious cause for concern.

It&#039;s shifting the burden on enforcement to bloggers.  With the amount of spam that we get, say just one slips through that you miss...you&#039;re in for a heap of trouble.

As someone already mentioned, can you not imagine someone with a grudge against a certain blog trying to slip a link in on you in this way and then reporting you?

It&#039;s not our job to keep an eye on sex offenders, it&#039;s law enforcements.

What it will do, and this was my argument, too, not just Think Progress&#039;, is shut down trackbacks and comments across the blogosphere, effectively killing us off.  So we should be very concerned.</description>
		<content:encoded><![CDATA[<p>I posted about this days ago on Iowa Voice (<a href="http://www.iowavoice.com/2006/12/12/mccain-in-an-idiot/" rel="nofollow">here</a>), and I think there is serious cause for concern.</p>
<p>It's shifting the burden on enforcement to bloggers.  With the amount of spam that we get, say just one slips through that you miss...you're in for a heap of trouble.</p>
<p>As someone already mentioned, can you not imagine someone with a grudge against a certain blog trying to slip a link in on you in this way and then reporting you?</p>
<p>It's not our job to keep an eye on sex offenders, it's law enforcements.</p>
<p>What it will do, and this was my argument, too, not just Think Progress', is shut down trackbacks and comments across the blogosphere, effectively killing us off.  So we should be very concerned.</p>
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		<title>By: The Political Pit Bull</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106920</link>
		<dc:creator>The Political Pit Bull</dc:creator>
		<pubDate>Thu, 14 Dec 2006 20:16:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106920</guid>
		<description>&lt;strong&gt;Is John McCain Waging A &quot;War on Blogs?&quot;...&lt;/strong&gt;

Not so much.......</description>
		<content:encoded><![CDATA[<p><strong>Is John McCain Waging A "War on Blogs?"...</strong></p>
<p>Not so much.......</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106913</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Thu, 14 Dec 2006 19:01:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106913</guid>
		<description>John:  

Again, my understanding of the law is that the duty is limited to acting upon reports to the site admin about child pornography.  There is already a similar duty on ISPs but the law makes clear that it is not adding on any duty to search out offensive content.  

If my reading of this is wrong, I&#039;ll obviously come down the other way.</description>
		<content:encoded><![CDATA[<p>John:  </p>
<p>Again, my understanding of the law is that the duty is limited to acting upon reports to the site admin about child pornography.  There is already a similar duty on ISPs but the law makes clear that it is not adding on any duty to search out offensive content.  </p>
<p>If my reading of this is wrong, I'll obviously come down the other way.</p>
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		<title>By: yetanotherjohn</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106906</link>
		<dc:creator>yetanotherjohn</dc:creator>
		<pubDate>Thu, 14 Dec 2006 18:42:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106906</guid>
		<description>The other side of this is what if I comment, post a link which goes to some child porn? Do you have to report that or get a 300K fine? What if the link goes to a link that has child porn? What if the content on the link changes 6 months after the comment so now child porn is included? How many 300k fines could you absorb and keep blogging? How many times could you even defend yourself against a charge and keep blogging?

Your site stores some minimal &quot;user profile&quot; information about commenters. How many of your commenters are registered sex offenders. And note, the law talks about sex offenders, not registered sex offenders making it even harder.

Do you really have that much trouble imagining some of the Kossacks making a concerted effort to shut down the right side of the blogosphere in 2H08 using accusations. When you have a duty to report, then failure to report becomes the criteria for violation. The law is either useless because there is a loophole to drive a truck through with the Sgt. Shultz defense (&quot;I see nothing, nothing.&quot;) or the blogger can get blindsided by a commenter (or maybe even a commenter on a blog on their blog role depending on how far they take the linking). 

I would support making it easier to get search warrants to track down child pornographers using the web ad hefty finds for hindering the search warrants, but turning every web site owner into an informer is not the best way of fighting the problem with minimal potential unintended consequences.</description>
		<content:encoded><![CDATA[<p>The other side of this is what if I comment, post a link which goes to some child porn? Do you have to report that or get a 300K fine? What if the link goes to a link that has child porn? What if the content on the link changes 6 months after the comment so now child porn is included? How many 300k fines could you absorb and keep blogging? How many times could you even defend yourself against a charge and keep blogging?</p>
<p>Your site stores some minimal "user profile" information about commenters. How many of your commenters are registered sex offenders. And note, the law talks about sex offenders, not registered sex offenders making it even harder.</p>
<p>Do you really have that much trouble imagining some of the Kossacks making a concerted effort to shut down the right side of the blogosphere in 2H08 using accusations. When you have a duty to report, then failure to report becomes the criteria for violation. The law is either useless because there is a loophole to drive a truck through with the Sgt. Shultz defense ("I see nothing, nothing.") or the blogger can get blindsided by a commenter (or maybe even a commenter on a blog on their blog role depending on how far they take the linking). </p>
<p>I would support making it easier to get search warrants to track down child pornographers using the web ad hefty finds for hindering the search warrants, but turning every web site owner into an informer is not the best way of fighting the problem with minimal potential unintended consequences.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106905</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Thu, 14 Dec 2006 18:35:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106905</guid>
		<description>matt:  There&#039;s a pretty long history of case law on obscenity.  It&#039;s a rather narrow class.</description>
		<content:encoded><![CDATA[<p>matt:  There's a pretty long history of case law on obscenity.  It's a rather narrow class.</p>
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		<title>By: madmatt</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-106898</link>
		<dc:creator>madmatt</dc:creator>
		<pubDate>Thu, 14 Dec 2006 18:23:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-106898</guid>
		<description>So who gets to define obscene...the religious right who thinks an exposed nipple is something to cry about...or the administration that call all dems terrorists....its that slippery slope concept and you should really think again about how this could bite you on the butt...after all a user of your sight could be a deviant(and the number that have shown up on the right side of the political divide lately makes this likely)!</description>
		<content:encoded><![CDATA[<p>So who gets to define obscene...the religious right who thinks an exposed nipple is something to cry about...or the administration that call all dems terrorists....its that slippery slope concept and you should really think again about how this could bite you on the butt...after all a user of your sight could be a deviant(and the number that have shown up on the right side of the political divide lately makes this likely)!</p>
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		<title>By: Beltway Blogroll</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-124127</link>
		<dc:creator>Beltway Blogroll</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-124127</guid>
		<description>&lt;!--%kramer-pre%--&gt; with McCain, and insisting that the legislation does not apply to blogs. But Reynolds, a law professor in Tennessee, said the text &quot;doesn&#039;t seem entirely clear to me that it doesn&#039;t reach individual bloggers, regardless of intent.&quot;  James Joyner of Outside the Beltway noted that the bill clearly is not aimed at the kinds of political bloggers who are itching for a fight.  &quot;I scanned through the legislation to see if McCain had somehow hid an anti-political blogging section in the bill but could find no evidence of&lt;!--%kramer-post%--&gt;</description>
		<content:encoded><![CDATA[<p><!--%kramer-pre%--> with McCain, and insisting that the legislation does not apply to blogs. But Reynolds, a law professor in Tennessee, said the text "doesn't seem entirely clear to me that it doesn't reach individual bloggers, regardless of intent."  James Joyner of Outside the Beltway noted that the bill clearly is not aimed at the kinds of political bloggers who are itching for a fight.  "I scanned through the legislation to see if McCain had somehow hid an anti-political blogging section in the bill but could find no evidence of<!--%kramer-post%--></p>
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		<title>By: The Carpetbagger Report</title>
		<link>http://www.outsidethebeltway.com/archives/john_mccains_war_on_blogs/comment-page-1/#comment-124128</link>
		<dc:creator>The Carpetbagger Report</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2006/12/john_mccains_war_on_blogs/#comment-124128</guid>
		<description>&lt;!--%kramer-pre%--&gt;monitoring spam and user registration is an irritating task. With a site the size of Redstate, we’d have to hire someone fulltime. With a site the size of MySpace … well, Juan from MySpace IT just stabbed himself in the eye with a fork.  James Joyner, a conservative whose opinion I respect, said McCain’s plan isn’t that bad, but concedes larger blog communities would likely find it difficult to police their sites. “I’m not sure how Markos Moulitsas would know whether some schmoe with a&lt;!--%kramer-post%--&gt;</description>
		<content:encoded><![CDATA[<p><!--%kramer-pre%-->monitoring spam and user registration is an irritating task. With a site the size of Redstate, we&rsquo;d have to hire someone fulltime. With a site the size of MySpace … well, Juan from MySpace IT just stabbed himself in the eye with a fork.  James Joyner, a conservative whose opinion I respect, said McCain&rsquo;s plan isn&rsquo;t that bad, but concedes larger blog communities would likely find it difficult to police their sites. “I&rsquo;m not sure how Markos Moulitsas would know whether some schmoe with a<!--%kramer-post%--></p>
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