Is Charter Communications violating MA state law?
Over the last few weeks on 508, Mike Benedetti and I have been discussing Charter Communications plans to begin monitoring customer web traffic to better target advertising. And examining the process used by the company they’ve contracted with on this, NebuAd, has raised more questions than it’s answered. After reading Ryan Singels take on the opt-out process over at WIREDs Threat Level, another question seems to be floating out there. Is any of this even legal? Now, Singel is talking about federal wiretap law, but for those of you who have been following this story on a local level here’s the language in the MGL regarding wire taps. I’d love to hear people’s thoughts as to how Charters plan would or would not be a violation of MGL Chapter 272: Section 99 which reads in part:
D. Exemptions.
1. Permitted interception of wire or oral communications.
It shall not be a violation of this section—
a. for an operator of a switchboard, or an officer, employee, or agent of any communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of such communication, or which is necessary to prevent the use of such facilities in violation of section fourteen A of chapter two hundred and sixty-nine of the general laws; provided, that said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
What am I missing here? Can an opt-out system that you can’t really opt out of satisfy that final clause? And can anyone recommend a solid high speed internet provider? I think it’s time for me to cut loose from Charter.
For those of you who haven’t been following this story (like the entirety of the Worcester media) and have no idea what I’m talking about, here’s a nice overview from the NYT.
link
Artigo/Ajemian Films announce “We Got the Beat”Casting Call
Just recived this bit of news from our good friend Andrea Ajemian:
Artigo/Ajemian Films (www.aafilms.com) of Worcester, MA is seeking actors for their teen comedy, set in 1983, about the first ever boyband called “We Got the Beat,” shooting this summer in Worcester County. It stars Michael Copon (“One Tree Hill”) with 7-10 additional cast members from Hollywood. That leaves about 40 principal roles to be cast locally, including two members of the boyband/lead roles. (African American male 18-23 yrs. old, who can rap/breakdance, and Latino male, 18-23 yrs. old who can rap/sing/breakdance). We need all ethnic types, breakdancers, singers, actors . All speaking roles will be paid jobs. It will be a SAG film, so professional, union actors are encouraged to submit, however we also encourage people who aren’t professional actors. Send your photo, contact information, age, if under 18, and any experience (choir, stage, sports, public speaking) electronically to Barbara Guertin at WeGotTheBeatMovie@gmail.com. Electronic submissions are preferred but headshots and resumes may also be mailed to Attn. “We Got the Beat”, c/o Barbara Guertin, AA Films, 44 Portland Street, 4th Floor, Worcester, MA 01608. Auditions will be held in Worcester, and those chosen from submissions will be called directly. The production dates are Mondays – Fridays (five day work week), July 14 – August 16, 2008.
WPS - Making life miserable one child at a time
I was just poking around the Worcester Public Schools website looking for the types of ‘fun’ we’ve banned in town. Spurred by this story in the Washington Post, I have a feeling my decision as to whether or not my son will attend public schools will hinge less on issues like funding and quite a bit more on the degree of bat shit insane authoritarianism ruling the day. While I couldn’t find out for sure if tag and dodge ball are banned in the WPS, I did find some things that made me giggle before getting mostly depressed.
Rule 15 of the WPS code is a great one:
Rule 15. - Cellular Telephones, Beepers, and Laser Pointing Devices
A student shall not possess a beeper, pager or other mobile telecommunications or two-way radio communications device of any type on school premises or at a school-sponsored situation, provided, however, that a student may possess a cellular telephone on school premises or at a school sponsored situation but may not use such cellular telephone during the hours school is in session or during a school sponsored situation. Any such device found in a locker may be considered to be in the possession of the student assigned to the locker for purposes of disciplinary action.
While I get the basic idea behind keeping mobiles out of the classroom, am I the only one who sees a problem with banning phones at a “school sponsored situation”, to be honest I don’t know what the hell a ‘situation’ is. But if I’m reading this right a kid could be disciplined for using a phone at a football game.
But if that isn’t weird enough how about this line of logic:
Although some parents and students feel it’s appropriate to have access to cell phones during the school day in case of emergencies and other school safety incidents, notifying family members immediately during the event can interfere in school officials addressing the incident in a safe and effective manner.
link
Let’s pretend for a moment that a city HS was to have a real incident, do we really not want kids on the inside being able to phone out? Lets imagine a real deal school shooting, doesn’t the ability to communicate with people on the inside, in real time, make Police efforts easier? Or does a canned press statement by Rob Pezzella fix everything immediately?
This one was great too:
Canine Unit is helpful to keeping Drugs Off Grounds
The Worcester Police Department’s Canine Unit has been assisting the School Safety Office recently by participating in Operation DOG (Drugs Off Grounds). Officer Steve Cortes and one of his trained canine drug dogs (Bria) visited a high school and middle school within the last few weeks and showed school administrators how the special dog can detect or discover drugs in student lockers. We are sending a stern message to students and parents that drugs will not be tolerated on school property,and if they are found,long-term suspensions and/or law-enforcement involement will occur.
Operation DOG will continue for the remainder of the school year.
link
I left the spelling and grammar errors in there on purpose, but only for the benefit of those of you who enjoy pointing out my terrible spelling and grammar. I was taught by the best, you see.
Anyways, Bria must be what’s hurting MCAS scores. If I was unable to get high before class in HS I would have certainly done even worse, which is almost impossible to imagine. I’d probably still be a freshman, some 16 years later, if not for early morning bong hits in the DMHS parking lot. If not for my sitting next to a vent in algebra class, which allowed me to smoke cigarettes and weed in the middle of the day with my oblivious teacher 10 feet away, I probably would have shot the place up myself and we’re talking years before we even had mobiles to confiscate! I look forward to pulling my son out of school on drug dog day, I don’t have any interest in raising my kid to believe it’s OK to piss on the fourth amendment for the sake of prohibition.
School just doesn’t look like a very good time these days, I suggest those of you in charge get rid of the drug dogs, let kids have their mobiles back and maybe even let them throw a ball at a class mate without fear of litigation. I would imagine a system of happy kids would produce better results and maybe even justify increased funding. But just a little less irrational fear in the world would be a close second.
William Breault: Stupidest person in Worcester
I have a big favor to ask, Worcester. Can we please all stop pretending that Billy Breault makes any sense what so ever? In today’s T&G Mark Melady did us all the disservice of printing yet another ridiculous collection of Billy’s unsubstantiated bullshit and it really has to end. Today Billy is talking marijuana decriminalization and I find it troubling how many half truths and lies the Telegram is willing to print for Billy, take this one for example:
He said today’s marijuana is four times more potent than the weed of 30 years ago and the Supreme Court has twice turned back efforts to legalize marijuana for medical purposes.
Yes, the Supreme Court has twice in recent years passed on hearing marijuana cases, but only so states could pass their own law (Republic anyone?) which in turn is exactly what Billy is fighting against, way to battle democracy douche bag. And for the love of god can we stop with the potency argument? Yes, indoor growing techniques have improved and potency of marijuana has sky rocketed, but not universally. Good, high potency weed costs more per ounce than Billy makes in a week. Just as with premium craft beers with higher alcohol by volume, the cost and ‘potency’ limits, not encourages consumption.
Billy is a moralist and a prohibitionist and to that end he must be ignored, shunned and/or ridiculed back to whatever small minded hole in the ground he comes from. We can’t tolerate ignorance in our community and pretend it’s a suitable substitute for facts when we have real problems to deal with. And we certainly can’t pretend the voice of a crazy person is suitable for leadership, even if it’s leadership of an imaginary group like Main South Alliance for Public Safety. Hopefully people will start to realize that Billy Breault is not a good person, he is an angry and misguided old man who thinks life should be a Rockwell painting. Well it’s not, never was, get over it.
I’ve thrown together some links to research and stories concerning jazz cigarettes, for those of you interested in such things:
RAND Drug Policy Research Center study on the gateway claim
This is well sourced collection of drug war talking points
Massachusetts Committee for Sensible Marijuana Policy
Jeff from Wormtown Taxi seems to share my thoughts
And of course, no discussion of Marijuana’s legal status would be complete without a Harry Anslinger quote:
“In the earliest stages of intoxication the will power is destroyed and inhibitions and restraints are released; the moral barricades are broken down and often debauchery and sexuality results. Where mental instability is inherent, the behavior is generally violent. An egotist will enjoy delusions of grandeur, the timid individual will suffer anxiety, and the aggressive one often will resort to acts of violence and crime. Dormant tendencies are released and while the subject may know what is happening, he has become powerless to prevent it. Constant use produces incapacity for work and a disorientation of purpose. The drug has a corroding effect on the body and on the mind, weakening the entire physical system and often leading to insanity after prolonged use.”
You’re in good company Billy, hope that works out for you.
Operation Barbershop
Law enforcement officials say they have broken up an organized gambling syndicate in Worcester, Leominster and other Massachusetts locations that took in more than $1 million a year.
Not only is that a terrible name for an investigation, but were we not debating the possibility of legalized gambling in MA as recently as a few weeks ago?
I hope someone at the T&G is fighting for early access on this one, bookies keep better records than the IRS and this client list is sure to be gold before it gets scrubbed.
Don’t quote me on this
Some interesting happenings in the local booze and boobies markets today, with the City Council Public Safety Committee moving to amend our adult entertainment zoning in such a way that I may be forced to start wearing pants in my own shower. But the interesting thing about today’s coverage in the T&G was not the amendment coverage itself, but one tiny little detail which appears to be the lynch pin in the cities argument.
Back in Jan, when all this was kicking up, Zoback over at WoMag crafted a great story laying out exactly what is at play in this debate. He included a quote from a memo to City Manager O’Brien from Chief Gemme which stated:
“My concern is with the criminal activities associated with adult entertainment establishments. Numerous studies have shown that there is an increase in criminal behavior in the areas surrounding adult entertainment establishments and that this criminal behavior multiplies when these establishments are concentrated together or with certain other types of establishments, particularly places where alcohol is served.”
Here’s that equation for those of you who hate word games:
Adult entertainment = crime
Adult Entertainment + ETOH = more crime
Today in the T&G, reporter Nick Kotsopoulos implied that Gemme made this statement to the committee:
Police Chief Gary J. Gemme told the committee it is well-documented that criminal behavior increases in and around establishments where alcohol is served, and that criminal behavior is further escalated when adult entertainment venues are concentrated near pouring establishments
This is identical to a statement Nick attributed to Mike O’Brien in a Jan 16th story on the same subject:
He said it is well-documented that criminal behavior increases in and around establishments where alcohol is served, and that criminal behavior is further escalated when adult entertainment venues are concentrated near pouring establishments.
Again with the math:
ETOH = crime
ETOH + adult entertainment = more crime
Now we get to the troubling bits. First, the latter two quotes prove what I have long believed; Mike O’Brien and Chief Gemme are poorly programmed robots. Most likely surplus animatronics purchased from the Disney Corporation and previously in use on the ‘it’s a small world’ ride in Orlando.
Second, both of these statements are either true, which means we must immediately shutter any and all adult entertainment venues AND poring establishments. Or, we’re being fed a line of illogical (albeit extremely popular) horse shit. I’m leaning towards horse shit and here’s why. First we have to define our terms. What do they mean by increases in ‘criminal behavior’? Are we talking increases in littering? Running red lights? Bestiality? Cops selling drugs? If there was a clearly defined threat wouldn’t you expect the city administration to tell us law abiding drinkers and consumers of ’smut’ so we could keep a look out? I think we can all agree that without knowing exactly what kind of criminal behaviors we can expect increases in we can’t actually make an educated decision on how to handle these businesses. But more importantly we can’t discount the existing businesses we have in Worcester which defy both possible equations. Is the area surrounding Hurricane Betty’s some sort of post apocalyptic war zone but only when I’m not there? What about pouring establishments with no criminal behavior worth noting? The ETOH = crime math falls apart at a place like the Dive Bar which is full of med students, politicians and jazz musicians. Does this look like a gang of criminals to you?
Don’t answer that.
This forces us to look at causes, not effects. Is ETOH the cause of crime? Or are stupid people simply more likely to commit crimes when they drink? Maybe what we have on our hands then is NOT an argument against naked women, but an argument for increased school funding and a massive apology for the billions wasted on D.A.R.E.? But we also have to look at these two equations and determine whether or not they can logically coexist. On the one hand we have local officials blaming ETOH for an increase in crime seeded in the sex industry and on the other hand we have the same local officials saying the adult entertainment industry is the cause of increases in alcohol related crimes. But in neither case are we afforded local examples in play. Even in the absence of local examples we’re stuck with a perplexing chicken or egg game; am I supposed to believe that alcohol exacerbates nudity related crime? Or does nudity exacerbate alcohol related crime? And regardless of which it is, if either is a catalyst then why do we not see these effects uniformly throughout the nation? Or internationally? And why are we allowing officials to label sex OR alcohol criminal in 2008 in the first place? The reason, of course, is because we’re dealing with simplistic horse shit. The simple confusion of the administration’s argument creates more questions than it answers which is exactly how an argument needs to be formulated for it to meet the constitutionality tests the city is trying it’s damndest to skirt.
Americas pastime, meet the Puritans.
So I’m going to be honest here, I find baseball to be pretty fucking boring. But I’ve never found it to be such a threat to good morals and decency that I would encourage the license division of the WPD to crack down on it.
In Worcester, police Lt. James J. Johnson, commander of the city’s Alcohol Enforcement Unit, said the Police Department is going to enforce the law that sets 8 a.m. as the earliest possible opening time. The lieutenant said bars are not allowed to open earlier even if they have no plans to serve alcohol until the allowed hour.
“We’re going to hold true to that, not to be a spoiler or anything,” said Lt. Johnson, who met with his staff today to discuss the situation.
link
Meanwhile, 45 min East…
Fenway faithful expected to rise early for Sox opener
March 24, 2008 11:53 AM
By Globe Staff
Talk about your diehard fans. Some Red Sox supporters, hoping for yet another championship season, will be getting up before sunrise tomorrow to trek to Fenway-area bars to watch the Sox open their season more than a dozen time zones away in Japan.
“I think we’ll be pretty full, to be honest with you,” said Lindsay Curtis, a spokeswoman for the Game On! bar.
Curtis said the bar, which has a capacity of 500 people, has been getting numerous calls and e-mails from fans hoping it will be open.
The bar normally opens at 7 a.m. Tomorrow it will open at 5:30 a.m., so people can settle in for the game, which starts at 6:05 a.m.
At the Cask ‘n’ Flagon, assistant general manager Ron Abbott said he’s expecting 150 to 200 people when the bar opens at 5:30 a.m., several hours earlier than usual.
“I think we should actually have a pretty decent crowd,” he said.
Mayor’s spokeswoman Dot Joyce said the bars, which had received special permission to open early, were not allowed to sell alcohol until the game is over.
Abbott said he didn’t know how many people would be tempted to imbibe, rather than stick with their pre-work mugs of coffee.
But he said, “I definitely don’t see it being a productive workday in the city of Boston tomorrow.”
link
This is what we refer to, in my line of work, as completely batshit fucking insane. Hopefully, now that the baseball scourge is conquered, we can start craking down on cooking Apple Pies out of season.
The history of everything
During this mornings 508 I mentioned that the push by the Montvale Neighborhood to expand their historical district, as reported in yesterday’s T&G, may be the single most disgusting move I’ve seen by the city in my time here.
Here’s the short version of the story for those of you just tuning in.
- In 1812 Isaiah Thomas founded the American Antiquarian Society in Worcester, MA to protect the collected works of early American history.
- Sometime in the early part of the 21st century Worcester City Clerk David Rushford decided the property value of his home ($520,300 according to the fiscal 2008 city assessment), which is adjacent to the AAS, was more important than the revolutionary war.
The American Antiquarian Society is that funny looking, near windowless brick building over on the corner of Park and Salisbury; I only point that out because I honestly had no idea what it was till I was almost out of High School. We’ve done a terrible job of promoting its existence and significance to Worcester residents. And I know this is going to sound pretty out there, but that weird looking building is the closest thing any of us alive today, can ever hope to come to understanding the spirit behind the Revolutionary War. It’s a collection of knowledge that could never be replaced; the physical embodiment of a set of ideals leaders in 2008 could not dream of replicating. The Montvale Neighborhood as a whole and especially the City Clerk really should be ashamed of themselves on this one. Neighborhoods are not valuable simply because they exist; their identities are what bind them. In this case the Montvale identity is inside that funny looking building and quite frankly, the neighborhoods wants are secondary to its identities needs.
the Mos Eisley of the planet Earth
Just found this shirt while cruising cafepress. Pure unadulterated genius.
Worcester, MA may have been the Paris of the 80’s but now it is the Mos Eisley of the planet Earth. Great gift for Clarkies!
Lukes says ¡No Más!
I’m a huge fan of Anthony Bourdains Travel Channel show No Reservations; I believe it may actually be the best thing on TV. If you’ve ever seen the show you realize much of the focus is on inexpensive local cuisine. When visiting urban areas, much of that cuisine comes from street vendors. Something that struck me as related to a local issue while reading Zobacks latest entry on the WoMag Blog regarding an item on tomorrow night’s City Council docket.
Mayor Lukes is asking the City Solicitor for “a legal opinion listing all the traffic, parking and zoning ordinances applicable to canteen style motor vehicles which serve food to the public and request recommendations regarding the type of ordinances and special permits required to regulate the activities of such canteens.” Sounds like another attempt for that Main South mainstay and constant neighborhood target, El Delicioso.
So why is it that if you are to visit another country the best eats come, quite literally, from the street, yet here in Worcester we frown on locals providing the same?
I think this letter by district 4 councilor Barbara Haller to WoMag from last year sums up ‘the city’ position quite nicely; it also makes her sound like a crazy old lady who hates what it means to live in an urban core.
Should a residential street be subjected to RV motor noise, street litter, loud conversation peppered with crude language, volume auto traffic, and the occasional (but too frequent) argument and scuffle - at 10pm, midnight, 2am, 3am, and beyond? I say no, and so do the affected neighbors. The fact that El Delicioso continues to operate demonstrates that reform is needed.
Now, I’m not saying that a 24hr city is for everyone, but Councilor Haller, Mayor Lukes and tag alongs like Billy Breault do have options. Move to Spencer or Paxton. I’m sitting here waiting to see how new housing projects like the Burwick building turn out so I can decide whether I’m staying in Worcester and moving into its core or leaving altogether for a better urban experience, but if I was to move inter Hallers district it would be FOR the things she continues to decry as negatives. Am I the only person who thinks empanadas and high octane coffee are good things at 2am?
