US Copyright Group Finally Files Some Other Lawsuits... In Minnesota

from the let's-wait-and-see dept

We've been waiting for US Copyright Group to refile some of its lawsuits in the proper jurisdictions, fully expecting that the operation (really DC law firm Dunlap, Grubb & Weaver) would file a few lawsuits here and there to prove that it really was suing some people, though we doubt it'll match the scale of the original, "shock and awe," 5,000 people at a time filings. Apparently US CG has now filed two lawsuits in Minnesota, outside of its home base in DC. I would expect more like this, though let's see how far the lawsuits really get. It's no secret that the only purpose of the lawsuits is to convince people to pay up to avoid a lawsuit.

Filed Under: copyright, lawsuits, minnesota
Companies: us copyright group

Minnesota Governor Pushes Connected Nation Before Panel He Appointed Has Its Say

from the inside-track dept

We already pointed to the rather questionable situation in Florida where Connected Nation was "chosen" to run the broadband mapping project (and get a bunch of stimulus cash) over a competitor, despite issuing a bid that was more than twice as high, and without any local endorsements (and... oh yeah... one of the voters, the one who voted on CN by the highest margin just happened to have worked at one of the telcos that now backs CN). It looks like something fishy is going on in Minnesota too. According to Broadband reports, Minnesota's governor, Tim Pawlenty has already signed a letter supporting Connected Nation for mapping broadband in Minnesota... totally pissing off a member of the state's Ultra High Speed Task Force, who the governor (at the demands of the legislature) appointed to look into this very matter. But, why wait for them to investigate the details and choose wisely, when you can just select who you want. Again, Connected Nation has done an amazing job getting politicians to sing its praises, despite serious questions about how its mapping process works.

Filed Under: broadband, minnesota, tim pawlenty
Companies: connected nation

Minnesota Gives In; Won't Block Gambling Sites

from the good-for-them dept

Back in April, the state of Minnesota tried to force ISPs to block certain gambling websites. Similar attempts had been tried in a few other states, and quickly shot down by the courts -- and it didn't take long for a lawsuit to emerge in Minnesota. However, the good news is that the state has apparently agreed to back down rather than trying to fight a bogus and costly lawsuit. Basically, it sounds like enough lawyers explained to state officials that their likelihood of winning was pretty slim -- so the state just folded. At least they didn't keep trying to waste taxpayer money trying to fight for such censorship.

Filed Under: censorship, gambling, minnesota, websites

Despite MN Supreme Court Ruling, Breathalyzer Manufacturer Refuses to Turn Over Source Code

from the code-is-law dept

Earlier this month, the Minnesota Supreme Court ruled that defendants accused of drunk driving have the right to inspect the source code of the breathalyzers used in their arrest. This is the right decision for a number of reasons - not only have studies shown that breathalyzers are poorly coded, potentially leading to inaccurate results, but in a legal system with the right to confront one's accusers, being able to examine the source code for errors seems like a fair digital extension. Given that more and more law enforcement is being done through shoddy technical tools, assuring fair procedure in code is no different than doing so for police officer behavior.

However, the breathalyzer manufacturer, CMI, is refusing to turn over the source code, claiming that doing so would reveal "trade secrets." Ed Felten points out that this is logically inconsistent with CMI's assertion that the source code is straight-forward calculations. If that is so, secrecy isn't what is stopping competitors from emulating CMI's product. The more likely reason for not revealing the source code, of course, is the same reason e-voting is so controversial: the code is crappy.

The obvious answer was posited years ago by Eric S. Raymond - given enough eyeballs, all bugs are shallow. The source code for breathalyzers, e-voting machines and other technical law enforcers should be open source to ensure that secrecy doesn't obscure important imperfections.

Filed Under: breathlyzers, minnesota, source code

Minnesota Sued Over Online Gambling Ban, While Frank Again Introduces Bill To Legalize It

from the know-when-to-hold-em dept

We noted several days ago that Minnesota was trying to force ISPs to block gambling web sites, going down a path trodden by several other states. That path, of course, has always ended in failure after the courts have weighed in. It looks like the courts will now get their chance to rain on Minnesotan politicians' parade, as a trade group has sued the director of the state's Department of Public Safety's Alcohol and Gambling Enforcement division to stop the ban. The group uses the suit to remind the director that he doesn't have the authority to mandate the blocking by ISPs, something the court will likely reinforce.

Meanwhile, online gambling's biggest friend in Congress, Massachusetts Rep. Barney Frank, has again introduced legislation that would legalize and regulate online gambling in the US. It sounds pretty much the same as his earlier attempts, all of which have failed, and would take the eminently reasonable step of allowing Americans to gamble in a regulated environment where they're protected by rules and law, as opposed to the current situation where they're pushed into the gray market (or worse), and have no protection. Frank also says he'll introduce separate legislation that will stop the enforcement of the UIGEA, which says that banks must stop processing any transactions that fund online gambling. At least one big casino company seems to think Frank's got a good chance of finally getting his law through: Harrah's, which recently hired the former CEO of major online gambling company PartyGaming to head its online efforts ahead of legalization.

Filed Under: barney frank, gambling, minnesota, online gambling
Companies: harrah's, partygaming

Minnesota Is The Latest State To Try To Force ISPs To Block Gambling Sites

from the this-will-end-badly-too dept

There have been a few attempts by state governments to force ISPs to block certain sites, and such attempts almost always end badly. Recently, for example, the state of Kentucky has been not just trying to block access to gambling-related websites, but to seize the domains in question. That failed when the courts pointed out how ridiculous it was. Perhaps the most famous such attempt was Pennsylvania's law to try to force ISPs to block "undesirable" sites from a list the gov't would put together. A federal court tossed the law, saying that it was unreasonable. You would think that other states would take notice before trekking down a similar path. But, apparently the news hasn't reached Minnesota.

Slashdot points out that Minnesota is trying to twist a law from half a century ago to mean that ISPs need to block gambling websites. Basically, the law says that common carriers need to comply with government requests to block gambling services. Of course, that assumes that ISPs are, in fact, common carriers -- a point that many would dispute. Also, the law was clearly intended for a very different purpose than someone using a broadband connection to access a gambling site. Still, gambling is another topic that politicians love to grandstand about, so expect this to keep moving forward, even if it makes no sense and has little chance of surviving a legal challenge.

Filed Under: blocking, gambling, isps, minnesota, websites

Optical Scan Voting Shown To Be Very Accurate In Minnesota Election

from the vote-here dept

We've had so many different stories about problems with e-voting machines and optical scan ballot counting machines, that it's at least worth acknowledging when those machines appear to have actually done their job reasonably well (though, not perfectly). Andrew Appel notes that the hand recount done in Minnesota for the Senatorial election there gave us a chance to look at how well some optical scan machines did, and he suggests they did extremely well, with a net accuracy at 99.99% and a gross accuracy of 99.91%. Of course... both of those numbers mean that the number of ballots incorrectly recorded could have swung the election in one way or another, given the minuscule margin between the two candidates.

Either way, the fact that the machines can be somewhat accurate is hardly up for debate. The issue is about whether or not we know they are accurate, and have mechanisms to easily go back and verify that they're accurate and secure. And, it's on those two issues that e-voting companies are way behind in fulfilling.

Filed Under: minnesota, optical scan, voting

Once Again, Telco Told That It Can't Stop Muni Fiber

from the how-dare-they-want-competition dept

Telco monopolists really are amazing sometimes. For years, we've been seeing them abuse their monopolies, offer poor (and expensive) service thanks to a lack of competition -- and then freak out, when they're actually challenged in the marketplace. And, of course, nothing gets them more worked up than the threat of some sort of "municipal" competitor. Time and time again, they go to court to block any muni-fiber offering, and time and time again they lose. The latest is TDS Telecom having its case dismissed in Monticello, Minnesota, where voters have approved a bond issue to set up a municipal fiber network. Such networks have been tremendously successful elsewhere.

TDS, of course, claims that it should be illegal for the government to compete with them, but they leave out many of the details. First, they have no real competition, because the government granted them a monopoly. So they're already in many ways the beneficiary of a gov't program. To claim that no one else can benefit from the gov't is simply anti-competitive and ignores the monopoly they themselves received. Second, since this is a bond issue, there's no taxpayer money at issue -- and the citizens of the town approved it. Finally, perhaps if TDS didn't rest on its monopoly laurels, it wouldn't now be facing competition. All this has made clear was that TDS failed to deliver what the town wanted, so the town got together and came up with a solution. Good for them.

Filed Under: minnesota, monticello, muni fiber
Companies: tds

Entire Minnesota Town Removed From Google Street View

from the don't-trespass-me,-bro dept

Apparently a small "privately-owned" Minnesota town, called North Oaks, that includes "no trespassing" signs on all streets entering the community, wasn't particularly happy when it found out that Google's Street View vehicles made a trip through the town. After discovering (gasp!) images of houses in the town on Google Maps, the town demanded that Google take down the images -- which Google did. There's no real controversy here, since the town (correctly) asked Google to remove the images rather than rush to sue, but the whole thing still seems bizarre. What really is the big deal about Google Street View having photos online? It's difficult to see how this is any sort of privacy violation, but it does seem these days people go out of their way to think that they can control things that really shouldn't be controlled. Legally, the town may be on solid ground, since the community is on private land -- but it's difficult to see why they would object so strenuously to this offering.

Filed Under: google maps, minnesota, north oaks, street view
Companies: google

The Constitution Still Doesn't Let States Stop Kids From Buying Video Games

from the for-those-who-weren't-paying-attention-the-first-dozen-times dept

Again? State after state after state has passed laws that ban the sale of certain video games to children, and time after time after time those laws are struck down as unconstitutional. Not a single one has passed muster, and yet court time and taxpayer money is wasted over and over again on these same issues, with at least 10 states having gone through the same process with the same results. States cannot ban the sale of video games to children. It's a violation of the First Amendment. This does not mean that stores themselves can't make such a policy, just as movie theaters have voluntarily (not based on a law) agreed not to let kids see movies of certain ratings. But to pass a law is unconstitutional. A lower court in Minnesota made that clear in 2006 -- but it didn't stop the politicians from appealing... and losing. Yes, a federal appeals court has agreed with the lower court that banning the sale of video games is not constitutional. While the lower court had noted:

"There is a paucity of evidence linking the availability of video games with any harm to Minnesota's children at all.... It is impossible to determine from the data presented whether violent video games cause violence, or whether violent individuals are attracted to violent video games."

The appeals court was a little less direct:

"Whatever our intuitive (dare we say commonsense) feelings regarding the effect of violent video games, precedent requires undeniable proof that such violence causes psychological dysfunction...."

Despite claims to the contrary by some activists, there still is no evidence linking violent video games to violent behavior. In fact, as has been pointed out repeatedly, violent crime has continued to drop as violent video games have become more and more popular. At most, studies have shown that violent video games make people emotional, but that doesn't lead to increased violent activity outside of the game itself. Of course, that won't stop grandstand politicians from pushing for such violent video game bans, despite the knowledge that they're clearly wasting taxpayer money every time they do so.

Filed Under: constitution, first amendment, minnesota, video games, violent video games