I would not write as extensively as I have here if Bambauer's arguments were not taken seriously, but they are. At the moment two trackbacks to Bambaeur's blog (say that ten times fast!) - [here's one] - [here's another] express sympathy with them, and my own well-liked visitor Hydralisk previously seemed to express sympathy with the arguments. A quick 'net search reveals others who would disagree with them - [here] - [here] - [here] - [here]. I'd like to note that several of these seem to link support of CP80 with a necessity of religious action (specifically, Mormon or Latter-Day-Saint religious action), and I'm uncomfortable with that. The Mormon church does not tell its members which political or legislative measures (or parties) they should support, but advises members to support whatever they individually believe is best; which admits and expects the possibility of variance in legislative and political preferences - so Mormons should not presume or imply that we should support any political effort as a religious matter. Unfortunately, doing so is an exceedingly common (and irritating) mistake that Mormons make.
Now, as contrasting with Bambauer's post and the apparent agreements with it, I very much think we need an entirely different vantage on CP80.
My arguments go into (very great) detail, but I'll start by summarizing some of the reasons I think CP80 could do wonderful things for the United States of America.
According to the "about" page at his blog, Bambauer is an assistant professor of Law at Wayne State University Law School in Michigan (but I do not wish my first advertisment for his reasoning on this topic to imply that his reasoning is always so, nor that his school is so). Two other lawyers also write at the blog, both of them respectively Assistant and Associate professors of Law elsewhere, and the blog is hosted at their former Law school, Harvard.
Hydralisk:
It sounds okay in theory, but there is first the problem of "Who decides what counts as porn?"
The short answer is: Your mom!
I believe this question has been legally addressed for various media, including internet media. To the relief of the general masses, those laws keep Naughty Bits off the free television airwaves and restrict them to special interest Cable TV Channels - a very special interest, indeed! I'm sure the laws read something like this: "Wherefore, as the majority vote is to conceal Naughty Bits in media, herein we enumerate means of Naughty Bit Concealment and regulated Naughty Bit Revelations; all Naughty Bit media Concealments and Revelations shall be thus, throughout the universe, in perpetuity.." (I have seen the phrase "..throughout the universe, in perpetuity.." in media development contracts. In real life. They are waiting for the Mars distribution right
s. For starters.)
Hyrdalisk continues:
..and then, assuming you get past all the implementation and enforcement issues, there is the fact that the *entire* rest of the world wide web cannot be regulated by one state in one nation. More criticism of the proposal from theoretical, technological, and legal pov over here.
(That last in his comment is the link to Bambauer's blog).
Implementing and enforcing laws is of course a burden, but that is the burden of Democracy. It is only a matter of what we choose to legislate and enforce. To present the same logic in an extreme case, what if we said we cannot stop all murderers from murdering? The subtext to me seems to be "..so why even try?" Because laws against and punishments for murder effectively limit the number of murders. Of course we can't prevent all of any bad thing x. But not doing anything because we can't do everything is not practical. I believe that many wrongs in the world remain so pervasive because folks throw their hands up in the air and give up fighting them.
Of course this implies I believe pornography is wrong; which I will here outright say I believe it is.
Regulating the entire rest of the world wide web is a misnomer. Regulating as much as we reasonably should and can is the question. We needn't give up. We need to do the opposite. We need to fight. Not to eliminate pornography - we can't (though I would also persuade anyone involved in creating or distributing it to do nobler things) - but to regulate it; to allow people effective means to stay away from it.
Now I'm going to respond to Bambauer's entry. His arguments open:
CP80 starts with some rather overwrought facts about Internet porn.
He doesn't specifically say why or how the facts are "overwrought". Instead he compares the amount of pornography pages vs. pages of kittens (which seems to be a stupid ironic euphemism for "the rest of the internet"). What a quaint, silly argument, he seems to beg us to say. Gosh, that pornography; so silly, why even fuss about it? Who is it hurting? This ridiculous contrast seems to minimize what in reality is a dominating plague of pornography use. If there is a huge amount of pornography on the internet - say, 240 or 260 million* pages, but an even huger amount of pages devoted to harmless things, are those 260 million pornographic pages still a lot? Absolutely. However, this is much less relevant (and so are page number statistics by themselves). It is not quantity of pages that matters, but number of times pages are accessed. That tells how much pages are being used. To focus only on numbers, to so casually propose that the problem of pornography may be outweighed by the remainder of, like, the internet, kittens and/or sex kittens and all, and um other stuff, is a distraction from both how predominant the abuse of internet pornography is, and that the use (or abuse) of pornography is in itself very harmful. Regarding the predominance of internet pornography use (and of affiliated industries), here are some statistics. I pull from pages which in turn pull information from myriad authoritative studies and sources. Reported here:
.. At 13.3 billion, the 2006 revenues of the sex and porn industry in the U.S. are bigger than the NFL, NBA and Major League Baseball combined [me: now that's some good sport they're getting on! Hooyeah! I'm sorry]. Worldwide sex industry sales for 2006 are reported to be 97 billion. To put this in perspective, Microsoft, who sells the operating system used on most of the computers in the world (in addition to other software) reported sales of 44.8 billion in 2006. -Internet Filter Review
.. 60% of all website visits are sexual in nature -MSNBC Survey 2000
.. The No. 1 search term used at search engine sites is the word “sex”. Users searched for “sex” more than other terms such as "games," "travel," "music," "jokes," "cars," "weather," "health" and "jobs" combined.. - Alexa Research
Alexa tracks internet traffic and ranks pages by traffic. But what about the nature of this and other search statistics? A lot of detail here is necessary to do the figures justice. Alexa is an opt-in statistics compiler - they only receive data from people who voluntarily install their toolbar (they might pull data through contracts with other search engines. I don't know). So this statistic may only reflect their user base. What about the top two search engines - Yahoo and Google? Yahoo's top searches for 2006 clearly show unseemly material as the top interest of their users - Britney Spears is the no. 1 search. What's she infamous for? Yes, Britney, you have tragically turned yourself into "unseemly material" to so many. Note that women famous for being provocatively clad, unclad, and/or titillatingly mischievous comprise six of the remaining nine top Yahoo searches (I have unfortunately not done any image searches to verify this broad and perhaps unfounded insult - excepting the obvious case of Pamela Anderson, who is also herself rather exceptional) - that's seven of ten in the top ten. Too bad it's not seven of nine. If you didn't get that joke, you may rest secure in the knowledge that you are neither geeky nor well-affiliated with any geeks. Google's top 2006 searches have no such things at all in their top 10. And they're the dominant search engine by far [citation not needed]. So I'm sorry, but if Yahoo is your search engine, I'm going to have to suspect you're a porn addict. Note however that Google's list is not a list of raw searches; their page says "To compile these year-end lists and graphs, we compared frequent queries this year against 2005.." - it's a relative list, a list of searches that gained the most in ranking from last year. If (as the cases with Alexa research and Yahoo both suggest) "sex" and affiliated words** are the predominant search terms, "sex", etc. would not appear on Google's list of terms that gained the most in ranking: because it stays at the top of the lists.
Familysafemedia.com:
The pornography industry is [sic; revenues are] larger than the revenues of the top technology companies combined: Microsoft, Google, Amazon, eBay, Yahoo!, Apple, Netflix and EarthLink..
It is clear: pornography is the number one form of media on the web in terms of page accesses; and in terms of commerce, these statistics don't say if it overpowers all information technology sectors combined - yet to far overpower so many of the top tech companies! And if it is dominating most of the "big boys", it's a safe bet it's walloping all of them. But again, whatever the money statistics, pornography is clearly the dominating usage contender in the internet.
The page Bambauer linked to at his first utterance was, when I looked at it last (it's gone now), a summary of the ill psychological and social effects of pornography. I don't remember, but I believe that in general it alleged that pornography destroys people and families emotionally and psychologically, and that it can impair employment or prevent me
n from marrying. Bambauer points out that some sources on this are not cited. Okay, that's a presentation flaw. Does it make the facts wrong? If I claim that the earth revolves around the sun but don't cite a source for this, am I wrong? Darrin Rogers rightly comments at Bambauer's page:
"..to pooh-pooh the research on the negative consequences of pornography on human interactions is to be intentionally ignorant of a large body of research.. There is both correlational and experimental research going back at least three decades, demonstrating pretty clearly that pornography is bad for us."
Bambauer also implies some sources may be biased ergo their facts skewed or wrong; "..after all," he says, "a filtering software vendor will have an objective take on the problem!" (clearly this is sarcasm). But sir, as a lawyer I would hope you recognize the logical fallacy of the Ad Hominem. The source of information doesn't make it right or wrong, but the methods and reasoning of the information. Well, you know, people who have something to sell can't be relied on to be honest. It's a clever Ad Hominem; I'll give it that, because you might say that in general people are leery of salespeople. But it isn't logical. How people feel doesn't change facts about internet pornography use/predominance/damages etc. Bambauer goes on:
The assessment suffers from two flaws.. First, it doesn’t measure risks from Internet porn relative to other potential problems. Sharks are dangerous, but pigs cause more deaths per year. Second, it doesn’t address causation versus correlation. Does viewing porn make you more likely to lose your job, or are workers who are less successful (poor work ethic or other loser habits) more likely to watch dirty stuff on their screens?
Same tricks: make it all sound stupid with comparisons that sound silly, and it's the same hollow rhetoric format as porn pages vs. "kitten" pages again. If presumed more dangerous thing A (pornography, sharks) damages less often than B (kittens, pigs), it may therefore be less harmful. Again, that concerns quantity, not effect (even while he speaks about "causation"). If A less often damages than B, so what? They both damage. Again it is in the blatant stupidity of the contrast; wait, kittens and pigs harm? And more than porn? Makes porn sound mostly harmless. But that is a relativistic concern. Effect is an absolute concern. The ironic bad effect of his concern with less or more is: "Well this person says this, but this person says that.. what do I care? I'm concerned with neither, people can think what they want. Do whatever. Enforce nothing." But since there is a large body of research showing that pornography is bad for us, why not instead say: This is bad. Let's enforce that anyone who doesn't want this - and especially people too young to decide whether they want this dangerous stuff - does not have access to it.
Parents especially need to be able to keep pornography away from their children. And children and youth in turn especially need their parents to be able to protect them, both because children and youth lack the maturity to reasonably stay away from pornography of their own will and because for them to be exposed to pornographic or sexually illicit media is a form of sexual molestation. It destroys the innocence of children and drastically upsets their emotional equilibrium. I won't cite sources for this. Look it up.
Surely we would enforce a child's right to not be molested. And children have a right to have pornography nowhere near them. Now - a broader social point - historically, women and children have been treated more like (often entirely like) property than they have been treated as individuals with rights (read John Bradshaw's "Family Secrets: what you don't know can hurt you" for this).
Today the enforcement of a child's right to live without exposure to pornography (to live without being molested) is virtually nonexistent. Protectkids.com cites "Kids Online: Protecting Your Children In Cyberspace" (now people are having children in cyberspace! The porn industry is naturally all over it. I am, again, sorry) about the ease of access children have to pornography:
"..[A pornographers'] common practice.. is the posting of free teaser images on their web sites as enticements to solicit new subscribers. Any child with unrestricted Internet access can view these free pictures through accidentally accessing such sites or by deliberately searching them out. Any computer-literate child can view adult pornography, such as images that appear in Playboy or Penthouse, as well as pornography that is prosecutable as obscenity, which might include pictures of women having sex with animals; men engaged in sexual acts with children; and the rape, torture, and mutilation of women."
(I believe several of those at least can be prosecuted as more than obscenity, never mind the very acts which the photographs capture.)
Internetnews.com:
Nearly all (90 percent) of kids aged 8-16 have viewed porn online, mostly while doing homework.
Much worse than that, as reported here:
The largest group of viewers of Internet porn is children between ages 12 and 17 (Family Safe Media, December 15, 2005)
[Of Commercial pornography sites as surveyed in 2001:] "Only 3 percent required adult verification." (Child-Proofing on the World Wide Web: A Survey of Adult Webservers, 2001, Jurimetrics. National Research Council Report, 2002).
Still much worse, reported again here:
.. The U.S. Customs Service estimates that there are more than 100,000 websites offering child pornography (which are illegal) [sic] worldwide. -Red Herring Magazine, 1/18/02
Where is most of all this being seen by kids? ed.uiuc.edu:
..The Internet Online Summit held in 1997 in Washington, D.C., revealed that 70 percent of children viewing pornography on the Internet are doing so in public schools and libraries.
And it ain't just the 'net. It's common in more 'mainstream' printed pornographic media; the stuff you might suppose to abuse only adults..
..content analysis of 373 issues of Playboy, 184 of Penthouse, and 126 of Hustler magazines, December 1953 to December 1984, yielded 6,004 child images.. Newsstand-available child-depiction in the context of erotica/pornography, imagery received both of juvenile and adult readers, increased nearly 2,600 percent from 1954 to 1984, peaking in 1978 at 465 newsstand-available depictions… Close to 1,000 sexual scenarios included children with adults; 80 percent of the children were actively involved in all scenes; each magazine portrayed children as unharmed and/or benefited by adult/child sex.
We are standing by watching our children destroyed long before they are capable of maturely deciding whether they want this stuff; let alone standing by the rampant plague of horrific abuse children are suffering far beyond exposure to depicted pornography - indications are that hundreds of thousands or millions of young ch
ildren are coerced into creating (if there are 100,000 websites with so many child victims depicted in each of them), coerced into being the subjects of child pornography.
Bambauer's invocation of "causation vs. correlation" is impractically abstract. If ineffective workers keep looking up Naughty Bits on the internet, how would you change their character so that this doesn't happen? Set up a government program to educate them that although it is regrettable we cannot all enjoy bad things at work, yet it may offend one or more and or people and such as, and so we should get more internets in the Iraq but let them know where the bad stuff is so they won't look at it, and for our future for our? Okay, maybe I'm setting up a strawman argument here. But let's hear a serious proposal (Bambauer doesn't offer any) for how to deal with, uh, poor work ethics in, like, U.S. American workers. I'm sorry, but the first thing it brings to mind is another government, like, training and education program for people (and maps).
If there is a Constitutional, easy way to prevent workers from even accessing pornography at work if their employer so decides (the CP80 initiative would steer the information technology industries into making that choice much more easily available to employers), it doesn't matter whether workers are ineffective - productivity will improve simply because they no longer have some of their previous options to destroy company time, resources, and morale. Bambauer's proposal is nonexistent and, if his rhetoric suggests, would only be founded in the abstract; but CP80 is real and is founded in the practical.
On technical implementation, Bambauer says the proposal to create one internet channel for pornography and another for public use is "ludicrous". But the pages introducing CP80 (to which he links) are not detailed technical and policy proposals - so they aren't "misleading" either - they are a simple presentation of the sum effect. If the details of the desired effect of a "channel", or whatever you choose to call it, are of course very different, technically, than a cable "channel", still the effect in the abstract is the same. By the way, his off-hand use of "technologically unsophisticated" is condescending (and to something that doesn't apply, again since the presented material is in the abstract, not the technical details) - it's a veiled Ad Hominem.
Bambauer also says that in effect kids could just create their own internet to get around the "Community Channel" (by finding or creating custom software to match ports). That children are capable of getting around any barricade isn't the point. Some kids will give up if there's a barricade; others will see the point of the barricade and not even try to go around it; others will try to go around it and some of them succeed; but in all these cases the barricade upholds (instead of ignores) the ideal, which ideal I repeat we do not now in general uphold in law, that as adults we urge children to stay away from this stuff. But besides that, Bambauer only points out that there are kids who will get around the barricade. Well, there are also a lot of children (I would guess more) that it would effectively stop from accessing stuff they shouldn't. He himself makes this point in the very same abstractly comparable scenario - he says that you can do this with the internet, but "This works much less well for TV – in part because of legal controls over broadcasting [which keep pornography on subscriber cable channels]." So legal controls over information can work? How about effective legal control to prevent exposure of children to pornography? Sounds good to me. Let's do that.
Roger's