Wed, Jan 07, 2009

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Jewcy Book Club

Welcome Authors
Rachel Kramer Bussel
&
Stephanie Klein
who are posting all week.
Coming up:
  • 01/12:
    Bob Morris
  • 01/12:
    Lily Koppel
  • 01/19:
    Peter Manseau
  • 02/09:
    Tania Grossinger

TAG:

Law

A Half-Hearted Defense of AgriProcessors

Tamar Fox
 

Rubashkins: not winning any prizes anytime soonRubashkins: not winning any prizes anytime soonSince the raid on the Agriprocessors plant on May 12th, bashing the kosher meat giant has become something of a sport. Everyone from the New York Times to failed messiah to yours truly has taken a few shots (some cheap, some well-deserved) at the Rubashkin family and the business they run out of Postville, Iowa.

I’ve never been a big fan of the Rubashkin family. In fact, I called for a boycott of their meat in January, months before Uri L’Tzedek was on the case. But I’m getting a little frustrated with the way the scandal is being dealt with by liberal-minded people like me.

Continue reading...

 

Don't Scan My Book

Will the idea economy save the professional artist, or destroy him?
From: Andrew Keen
To: Kevin Kelly
Subject: Death or Salvation?

Kevin,

You say that my book should be called the “Cult of Anonymity” rather than The Cult of the Amateur.

:-)

Yes, the cult of the amateur and the cult of anonymity do indeed seem to be opposite sides of the same coin. The Web 2.0 amateur, that digital narcissist, seeks to endlessly broadcast himself; the anonymous Internet commentator seeks to endlessly broadcast somebody else. One is all self; the other is no self. Both are toxic.

What, I wonder, is the cause of this cult of anonymity? I’m less concerned with spammers, who are noSchizophrenia: Do we want a world in which the self is a set of avatars?Schizophrenia: Do we want a world in which the self is a set of avatars? better than common criminals, and more interested in the anonymous reviewers on Amazon who want to express themselves without revealing their real identities. I’m concerned that this cult of anonymity—by fragmenting the self into a series of invented beings—is transforming identity into a hall of mirrors. In a world in which we have no center, what becomes of such traditional epistemological anchors as religious belief, citizenship, or secular morality? Speaking for once like an engineer, I’m not sure that human beings were designed to be driven with such reckless abandon.

I’m intrigued by your idea of using code to fight anonymity. You say:

But there is one very effective tool in diminishing anonymity: code. The folks who create online social systems and marketplaces can regulate the degree of anonymity by coding it in or not. Through technological means we can tweak how much anonymity we have. Not by laws, but by code.

So software coders should regulate social systems and marketplaces in order to eliminate anonymity? Interesting idea. But aren’t you then turning codemakers into lawmakers, crowning them as digital engineers of the human soul? In his Republic, Plato wanted to turn philosophers into moral legislators. I suspect a dash of Platonic idealism in your faith in the moral wisdom of coders. But why do you so trust the honesty of coders? Shouldn’t we fear their economic, political, or ethical agendas—especially since they are neither popularly appointed nor transparently accountable?

Unlike you, I am not against the top-down legislation of morality and civic virtue. But, in our representative democracy, this legislation needs to be created openly and unambiguously—by elected officials, by accountable judges, and by civic leaders such as schoolteachers and op-ed writers in daily newspapers. I don’t trust codemakers to distinguish between right and wrong any more than I trust American lawmakers to write software code. Let’s leave ethics to the ethicists and code to the coders.

You cite Jeff Bezos’ regret at “allowing anonymous book reviews” on the Amazon site. And you’re skeptical that morality can be effectively imposed from above, by schoolteachers or op-ed writers. But I trust legislation from a schoolteacher or an op-ed writer much more than from a plutocrat like Bezos, whose only responsibility is to his shareholders.

You say you aren’t an anarchist and that you recognize the need for “some laws” on the Internet. But, leaving aside Jeff Bezos and his coders, how would you suggest we determine the moral criteria with which we craft these laws? You reject the regulation of morality and civic virtue, suggesting it is neither “effective” nor “sustainable.” You don’t believe in social contracts as a foundation for an ethical consensus. You want laws that are “few, concise, and minimal,” “like the Ten Commandments.” And you seem to believe that this moral code will come out of what you call a “technological matrix”:

My problem with national laws for fixing Internet problems, at least in America in 2007, is that this is a very slow, overly broad hammer for problems that can be addressed faster and more effectively by rewriting, reinventing, and re-imagining the technological matrix that holds them.

Please explain how this “matrix” works. How will it help us save both the Internet and ourselves?

I agree that the Ten Commandments represent a simple, concise, and attractively minimal moral framework. Remember #8: Thou shalt not steal—a particularly unambiguous stateA Legislative Model for the Digital Age: Ten Commandments are simple, concise, minimalistA Legislative Model for the Digital Age: Ten Commandments are simple, concise, minimalistment, which, if applied to the Internet, would find intellectual pirates guilty of blatant criminality. And yet, in your section on digital piracy, you insist on the ambiguity of intellectual property law. For you, the remix artist and the file-sharer exist in the moral “gray zone,” “awaiting clarification of law.” Meanwhile, the music and movie industries are collectively losing tens of billions of dollars a year from intellectual piracy. I don’t see anything gray about this zone. People steal music and movies from their rightful owners.

Once again, you see the answer in technological tools, rather than in morality:

The solution for the ambiguity of ownership in an idea economy will come as we develop further tools for regulating people’s behavior, such as digital rights management technology, new instruments of property protection (between patents and copyrights), new methods of adjudicating priority, and new emerging societal norms for fair use. Only then can the law cement—codify—what technology and society allow.

I’ve been in the Internet entertainment business since the mid-nineties, and I see little, if any, evidence of “emerging societal norms for fair use.” I suspect more music is stolen on the Internet today than in 1999. Broad social problems such as rampant intellectual property theft require broad hammers. Instead of “tools” to regulate our behavior, we need to develop a common collective morality that distinguishes intellectual theft and plagiarism from genuine authorship and ownership. Tools don’t regulate people’s behavior; people regulate people’s behavior.

Speaking of intellectual-property ambiguity, let me end with a question. What, exactly, do you mean by an “idea economy”? I think I understand the “idea” part, but I’m having trouble with the “economy” bit. Is this your provocative “Scan My Book” vision that you laid out in last year’s New York Times? The one that almost killed old John Updike? Is this an economy in which we give away our work for free and collect money through speaking or other entrepreneurial punditry? I understand the logic of this vision. But aren’t you concerned that it will turn all creative artists into sales and marketing hucksters? (Btw, everyone should buy my book The Cult of the Amateur). Will your vision mean the death of the serious professional creative artist, rather than his salvation?

And is this discussion an example of the idea economy?

ak

Next: What Fundamentalism!

more »

FAITHHACKER

The Law of the Land

Laurel Snyder

Last week, Tamar did a great post about agunot, the "chained women" who wish to divorce their husbands but cannot get a get from their (missing or stubborn) men.  Traditionally, these women find themselves at a loss, without much recourse, since only the get can return a woman's legal rights to her, allow her to remarry, free her from the asshole she picked. 

 Technically, a beit din, a Jewish court, can pressure the husband to release his wife, but in today's world that doesn't work as well as it might have once upon a time. Envision a situation where the woman is orthodox, but the man has left the orthodoxy and so the beit din holds no clout.  She's SCREWED!

But I digress...

 I wanted to revisit this issue today not to further discuss divorce, but to introduce the subject of the beit din.  Because I think some of us have a very vague sense of the Jewish tradition as a "legal" faith.  But maybe we don't really know what that means in a practical sense.  And for those of us familiar with the term beit din, maybe we don't know what that consists of.  We have a loose image in our heads of a circle of old dudes wearing black in a dusty corner of Brooklyn.

So what IS a beit din?

In orthodox Judaism, a beth/beis din needs to be made up of three adult Jewish males, at least one of whom needs to be widely knowledgeable in halakha (Jewish law), and must be sufficiently knowledgeable to instruct the other two members in any matters of halakha relevant to the case being heard...

Battei din are required or preferred for the following matters:

  • Validation of religious bills of divorce (get, pl. gittin);
  • Hechsher: kosher certification of restaurants and food manufacturers;
  • Examination of Shochetim and the control of the Shechita Inspectors
  • Monetary cases: Jews are exhorted (Shulkhan Arukh, Choshen Mishpat 26) to have their civil cases judged by religious courts instead of taking their cases to secular judges (arka'oth); In modern practice, the litigating parties will sign an arbitration agreement agreeing to accept the judgment of the Beth Din as binding. In the event of non-compliance, the agreement may be taken to secular courts for enforcement with the permission of the Beth Din.
  • Religious conversion: a ger tzedek ("convert" or "proselyte") requires a beth/beis din to be accepted into Judaism; it is convened to determine whether or not a prospective convert is sufficiently prepared to enter the "Covenant of Abraham" and to join the Jewish people. At least one member of the court must be a rabbi who is an expert on the laws of conversion.
  • Supervising the building and maintenance of a mikvah;
  • Determination of "personal status" (i.e. whether someone is a Jew according to halakha) - some battei din hold local records of marriages and deaths within the community.
  • the authorisation and supervision of mohelim.
  • Questions relating to burial practices and mourning.

Okay... I get it.  But now, here's my question for you... what if the same was true for say, Christians?  What if Christian leaders in American exerted this kind of power over their congregants?  What would you think of some evangelical dude in a position of power like that.

I admire the Jewish legal tradition, the particularity of our faith, the practice and function of it all... But if I take away the traditional/historical veil from my concept of the beit din... it scares me.  Because as a secular-ish Jew, I'm accustomed to the separation of church and state.

And hey... if you disagree, that's cool.  But I want to hear about it. 


DAILY SHVITZ

To Exist, Perchance To Sue

Lisa Timmons

Sacha Baron Cohen as Borat: Get Your Sue On.Sacha Baron Cohen as Borat: Get Your Sue On.Americans have yet to find an issue that they didn't think would look much better in a law suit. And Sacha Baron Cohen is learning that lesson all too well as a result of his highly successful, yet equally controversial film, "Borat." From Starpulse News Blog:

Sacha Baron Cohen has been hit by a new lawsuit from a man who claims he was "accosted" by the British funnyman in character as Borat in a South Carolina restaurant last year. Footage of the incident, in which Cohen posed as a toilet attendant, did not feature in his hit movie "Borat: Cultural Learnings Of America For Make Benefit Glorious Nation Of Kazakhstan," but has appeared on the Comedy Central network and the internet.

I didn't realize that being "accosted" warranted suing someone, but maybe I'm still a little fuzzy on the rules for America's favorite pastime.

Sacha Baron Cohen Hit By New Lawsuit [Starpulse News Blog]


DAILY SHVITZ

Defamation Must be Free!

Joey Kurtzman

You’ve all heard of the greater internet fuckwad theory, right? It’s an elegant equation that explains the jaw-dropping quantity of vulgar, libelous nonsense floating about on the internet. It goes like this:

The Greater Internet Fuckwad Theory: the world wide web explainedThe Greater Internet Fuckwad Theory: the world wide web explained

Today, internet fuckwads everywhere are rejoicing, as the California Supreme Court has unanimously ruled that the federal Communications Decency Act of 1996 extends broad protection to sites like Jewcy when we publish (say, in our comment sections) all the scurrilous, slanderous drivel that oozes from your head. The protection is so broad that it’s being described as “blanket immunity.”

"The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," Associate Justice Carol A. Corrigan wrote in the majority opinion. "Nevertheless ... statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended."

Ms. Corrigan later explained that "The volume and range of Internet communications make the 'heckler's veto' a real threat," and that this threat must be preserved. “Heckler’s veto,” of course, is just legal fancytalk for “rantings of an internet fuckwad.”

Groups like American Civil Liberties Union and the Electronic Frontier Foundation are over the moon, but not everyone's happy. Whined losing attorney Christopher E. Grell,

“What you couldn't put in your print newspaper, you can put in your Internet newspaper. The notion of fact checking and verifying things doesn't apply to the Internet."

Is this guy for real? “Fact checking”? “Verifying things”? Anachronistic gobbledygook like that just makes my eyes glaze over. Barukh Hashem for the 21st century, online media, and the California Supreme Court.