The FBI Does Not Need SOPA or PIPA

There is an interesting and actually spectacular news story today about the successful raid of Kim Dotcom’s estate in Auckland, New Zealand.  At the same time, Dotcom’s millions of dollars in assets were frozen, and will remain so for the duration of his legal troubles.  And what are his legal troubles?  His corporation, Megaupload.com has been shut down, and Dotcom as well as several company officers have been indicted in what the United States Federal Bureau of Investigation (FBI) is calling the largest copyright infringement case in history.  As captivating as this story is, the more important point is that this “dot.com” or online business was identified, investigated, documented, and shut down ALL WHILE USING EXISTING FEDERAL AND INTERNATIONAL COPYRIGHT LAW.  I said that with bold letters to emphasize that this huge bust was made WITHOUT the aid of the house bill known as the Stop Online Piracy Act (SOPA) or its Senate counterpart the Protect IP Act (PIPA).  Does this mean that maybe the tools to protect online copyrights are already in place? Hmmm…

Both SOPA and PIPA have been praised by various politicians and heads of various mega corporations as being necessary to stop online piracy and other abuses of intellectual property rights on the Internet.  Other parties have pointed out, however, that both bills go much further and appear to allow government and media moguls to curtail and even censor the American people’s use of the Internet.  Under the pending SOPA and PIPA bills, any Internet site that was “believed” to be infringing on someone’s copyright would have been required to shut down immediately until the dispute was settled. The disturbing aspects of this requirement are threefold.  One, of course, is the “guilty till proven innocent” scenario.  The second problem is that the bills are vague as to what exactly would have to be shut down.  As one critic pointed out, if a website had some content that appeared to violate someone’s copyright, the entire website could be required to shut down.  For example, one pirated video placed on, say, YOUTUBE, would be just cause to require the entire operation to cease.  YOUTUBE would be out of business in just a click of a mouse.  Finally, entertainment sites such as Napster and Rhapsody could be locked up in court for years with thousands of claims of copyright infringement, again likely shutting down or bankrupting such websites. 

I would like to take this opportunity to thank the FBI for proving to us what we already knew – that the laws already on the books are indeed adequate to protect the intellectual property that may be at risk on the Internet.  I would also like to point out the government’s love of creating bill titles and acronyms that express exactly the OPPOSITE of the bill’s intent.  I am thinking here of course of the USA PATRIOT Act.  We all know by now that the “Patriot Act” is actually the most treacherous attack on the United States Constitution ever engineered in the history of this nation.  I believe that the massive bills known as SOPA and PIPA, while touted as major advances in controlling intellectual crime on the Internet, are actually at best poorly thought out bills with unforeseen consequences.  But at worst, they represent another in a series of treacherous attacks on our freedom.

The Naughty List

One of the pleasant things I do in my spare time out here in the outback of Texas is to read the Gatesville Messenger, conveniently delivered to my mailbox twice weekly.  During the Christmas holidays, however, there was so much activity and travel that I did not get to read the December 24th GM edition until just today.  This particular issue of the GM featured "letters to Santa" that I suppose were collected from the school kids there. One letter that caught my eye was this one, short and to the point.

Dear Santa,
I wish you would not put me on your Naughty list.
Liam

This little boy did not ask for presents.  He did not say that he had been a good boy.  He did not even "bribe" Santa by assuring him that there would be a glass of milk and a plate of cookies waiting near the fireplace.  Just one simple request.  Don't put me on your Naughty list.

In the current circumstances in which I find myself, the simple letter written by this little boy expressed something profound that is on my mind.  Like that little boy, I do not want to be added to anyone's Naughty list.  Now, I do not know if Liam had been naughty or nice, but I have a feeling he had a few naughty moments.  I believe this because Liam, is a little boy...he is human.  And like Liam, I myself am human and suffer from those moments in which I do something...well, naughty.

In my childhood days, my something "naughty" was rarely more serious than sneaking a cookie or not doing my homework.  These days, something "naughty" is serious, maybe even heartbreaking, and with far-reaching consequences.  I did something "naughty" and like Liam, I do not want to be included on the Naughty list.  Not Santa's list, but a list kept for future reference by the Good Shepherd.  I do not want to be on that list.  And like Liam, all I have to do is ask.  Not for lots of presents, not for all my "blessings," but simply that I not be included on that list.  The Good Shepherd says that all I have to do is ask.  But he never grants that request.   No, instead, not only am I not added to the naughty list, but I receive blessings that I did not ask for, and that I in no way deserve, just because He loves me.

There are hidden gems all around us that "accidentally" lead to bigger truths, to profound observations.  Liam's letter to Santa, only one simple sentence penned by a small child, turned my heart to a bigger truth. Even though we often err as humans, which is only normal, our mistakes do not have to become part of some "permanent record," the kind we were all threatened with as school kids.  Instead, all we have to do as ask, and the Good Shepherd removes that little item from the "Naughty" list.  Not only do we never have to worry about that mistake again, we receive blessings tenfold, for which we may never even ask for at all.

Our Un-Patriotic President

As the 2012 Presidential Election draws nearer, I would like to bring something to your attention, something that has bothered me greatly since Mr. Obama was elected in 2008.  That "something" is the fact that President Barack Obama, "our" President, as I am reminded over and over by those who voted for him, has chosen time and time again to turn his back on the Star Spangled Banner when the colors are honored, and has also failed to place his hand on his heart as our flag is raised and our national anthem is played.  The major news services rarely show this, but every now and then accidental shots of the non-patriot President are seen on the major networks.  Other times, photographs are used on independent news sources and turn up on the Internet.  These pictures depict "our" President repeatedly refusing to salute the flag or honor the national anthem.  This conduct from the "commander-in-chief" of our military forces, as well as the "leader" of our nation is quite disturbing to me.  No, I meant disgusting to me.  The President should, as should we all, honor the flag and the national anthem, while holding the memory of those who served in this nation's military, and in particular those who gave their lives, sacred and dear to the heart.

Now, I acknowledge that Mr. Obama is doing nothing more than exercising his constitutional right of free speech.  You see, no government official or policeman can "force" President Obama to salute the flag or honor the national anthem.  Mr. Obama has every right to turn his back on the flag.  I am not disputing this fact...no, I am actually very happy that we live in the nation where people still have the freedom to DISHONOR the flag and that sacred things for which it stands, if those people so desire.  My concern is not Mr. Obama's exercise of his freedom, but instead is that the good and educated people of this nation seem ready to meekly walk to the polls and vote for this man again. 

Everyone has the right to vote for the candidate of their choice.  For me, unfortunately, the candidate of my choice rarely gains more than one or two electoral votes.  But in any case, I hope that you will carefully consider the implications of having a President who is publicly disrespectful of the American Flag and who does not salute during the national anthem.  Do you really love his policies so much that you want this man to continue in office?  Do you really believe that a man who is openly unpatriotic can really have the best interest of this nation in his heart?  Granted the choices are poor from almost any angle we choose to look.  But, to me anyway, it seems the poorest choice of all to reward the most unpatriotic President in the history of this nation with a second term in office. 

Let's assume we weren't sure during the first election, and we believed in this man and his promises; a man who was swept into office on the biggest wave of popularity since JFK ran for President in 1960.  Since Mr. Obama's election, however, that wave of popularity has crested and ebbed away.  Obama has essentially kept one promise - the end of the Iraq Occupation, which has cost thousands of lives and trillions of dollars.  This is a great accomplishment, one for which I sincerely thank the President.  Having said that, I believe Mr. Obama has done enough for this nation, both in the positive sense and in the negative, too.  Will it be any better under some other candidate of this year's flock?  I don't know, but I surely know it will not be any WORSE!  I do not need to see Mr. Obama elected TWICE to know this.  If Obama is re-elected with the citizenry knowing what we know now, that Mr. Obama cannot or will not salute the flag or honor the nation that has made him the most powerful man in the world, then we deserve whatever fate and the President have in store for us in 2012 and beyond.

Desert New Year's

I would like to wish everyone a Happy New Year! Yes, I know it is now eleven days into 2012, but this is the first time I have been in a blogging mood in some time. You see, Christmas Eve and the following days, all the way to New Year’s Day, were days of turmoil and pain for my spouse and I. After over a quarter-century of marriage, and after gaining the “wisdom” that someone over fifty years old should have gained, I still managed to hurt the one I love, and to cause pain that has lasted into the New Year.

Yet a marriage of twenty-eight years is a marriage that has stood many tests, has weathered many a storm. The branches may bend, almost to the point of breaking, yet the strength of the entire tree is able to hold firm in times of trouble. And so it did in this case. Still, feelings were hurt and a beautiful heart was broken. And I had a much more important and urgent task at hand besides writing this blog, as important as this is to me.

I am happy to say that S and I have made new vows to each other, and that we have embraced the New Year with gusto and high hopes. It is so amazing and so wonderful that after spending twenty-eight years with each other, we still have things to learn about each other, adventures to share, and life to live together to the fullest. I can only say that this marriage, even with all the ups and downs, reminds me of that most wonderful passage found in St. Luke, Chapter 6:38 (Jesus speaking)

Give, and it will be given to you. A good measure, pressed down, shaken together and running over, will be poured into your lap. For with the measure you use, it will be measured to you."

You see, when one spouse gives to the other, that spouse will receive a similar, or even greater, measure in return and vise versa. Ideally the measure will be like that mentioned in the Good Shepherd’s words above. Unfortunately, when one of the spouses ceases to give back in full measure, the marriage suffers. The spouse most giving begins to feel that the other spouse suddenly finds her no longer as interesting, as appealing, or as beautiful, as she once was. And the spouse who no longer gives also begins not to receive or acknowledge the love and valuing that the other spouse still gives so unselfishly. The two now begin to grow apart, setting the stage for eventual pain and heartache.

In reality, the good spouse, like the Good Shepherd, has a forgiving heart, and has never stopped giving in full measure. Like the Good Shepherd continues to love and bless a constantly sinning people, so the good spouse continued to love and cherish the greedy and selfish person her spouse had become. With the time spent together during the holidays, my spouse and I were reunited in love and spirit. Like the Good Shepherd, my spouse had not drifted away, but stood there waiting and watching for me. And like the Good Shepherd, she came to me with open arms while I was yet at a distance.

I hope everyone has a Happy New Year, and I join you in celebrating the happiest one I could ever wish for.

Deadly New Year for Law Enforcement

Most of us look forward to the New Year with at least some degree of anticipation that the coming year will be much better, or at least as good a year, as the one passing. Unfortunately, some people do not have dreams of higher hopes or future successes; instead, they continue to wrap themselves in their problems and demons of the past year. Sadly the fruitless lives of two such people intersected with two police officers in widely separated locations on New Year’s Day. The results were tragic.

Sergeant Abimael Castro-Berrocales started the morning on patrol in Cobo Rojo. At about 9:30 AM he stopped a speeding vehicle. He was shot twice in the face as he reached the driver’s door of the vehicle. Other patrolmen responded immediately. The officer was rushed to a nearby hospital but died a short time later. The suspect has not been identified as of today.

Less than an hour later, but several hundred miles away, at Mt. Rainier National Park, Washington, Park Ranger Margaret Anderson was responding to a another park ranger’s call for assistance because a vehicle had fled the scene after the ranger had stopped the vehicle for a traffic violation. Ranger Anderson was in the vicinity and positioned her patrol car to block the oncoming violator. The suspect stopped his vehicle next to Ranger Anderson’s patrol car and immediately opened fire with a shotgun. The ranger was struck while still inside her vehicle. The suspect fled on foot.  Rangers and police officers that responded found weapons and body armor inside the suspect’s vehicle. It appeared to officers that the suspect was prepared for a prolonged gun battles. The suspect’s body was found today, with gunshot wounds believed to be the cause of death. Criminals and danger are always present in police work, not even pausing for the holidays. I am proud to honor Sergeant Castro-Berrocales and Ranger Margaret Anderson as they made the ultimate sacrifice for us on this New Years Day, 2012.

I hope for all police officers that this year will not be as bloody as the last. In 2011, in the United States, a total of 163 local, state, and federal police officers were killed while performing their duties. On New Year’s Day 2011, a total of eleven officers were killed in less than twenty-four hours. It was suspected that a conspiracy might have been involved but that has not been proven at this point. May God be with each officer each minute of every shift. I wish that no more officers would be hurt or killed this year. But the reality is that death and severe injuries await officers at every turn in the corner, with every call. I offer my honor and admiration for the officers who carry on every day in spite of the possibility that any one of them may be called on at any time to make that ultimate sacrifice for you and me.

This Law - A "Two-Time Loser" in the United States Supreme Court - Is STILL Law In Texas

I am blogging about a subject that is not for discussion with young children, and apparently is not for discussion with the past several Texas Legislatures.  I am referring to Chapter 21 Section 21.06 of the Texas Penal Code, more informally known as the Texas Homosexual Conduct Law.   I have hesitated to blog on this particular little subject for sometime now.  By the time I express not only my personal opinion, but my deep-held beliefs in Liberty and personal responsibility, I know there will be a few people who know me that will be very surprised by my comments in this blog.  Some will be favorably impressed; unfortunately, others will not.   I know some people may read this blog and decide they can no longer associate with me.  Maybe some will not be quite so honest, and my only "talk about me" behind my back.  I appreciate the honest "no speakers" very much, even if they never speak to me again.  Honesty is a valuable trait no matter where the apples fall, so to speak.

Anyway, here goes....

I was a police officer in Waco, Texas in 1986.  I really don't remember what time of the year it was, but I was working the night shift.  In the "roll call" meeting that night before starting the 11PM - 7AM  shift the lieutenant in charge of the shift told all of us, "Effective immediately, do not enforce the Homosexual Conduct Law."  Then he added, "If you NEED to, write a "city ticket" for "attempted Public Lewdness - Homosexual Conduct."  I was not told that night, but later found out, that a Georgia state law known as the "Homosexual Conduct" law been struck down by the United States Supreme Court.  So why were all the lowly patrol officers now ordered to use a non-existent law to continue the now-illegal enforcement of "the gay law?" 

I say "non-existent" but actually, according to Texas Law, any "attempt" to commit a criminal offense could result with one being charged with "Attempted  whatever."  Thus there is Attempted Murder, Attempted Robbery, and now there was apparently Attempted Homosexual Conduct.  Not to worry, though.  Since Attempted Public Lewdness - Homosexual Conduct was a Class C Misdemeanor, that meant that all you had to do was receive your "ticket" and go pay your fine at City Court, along with the speeders, red light runners, and so on.  Only one problem (at least in my book):  since the actual criminal law, Homosexual Conduct, had been declared "unconstitutional" by the United States Supreme Court, it followed (so I thought) that "Attempted Homosexual Conduct" would be JUST as unconstitutional.  Really, it mattered not to me anyway.  I had long-since made the decision that this was one law that I would never enforce.

So, what happens when a law is ruled "unconstitutional?"  Normally one of two things happens.  First, the state legislature or the United States Congress, as appropriate, reviews the fallen law and makes amendments to bring it into compliance.  On the other hand, if the law cannot be revamped into some legal rule, it is stricken from "the books" and that is the end of it.  Apparently neither happened in Texas.  The Texas Homosexual Law remained on the books from 1986 to 2003.

So fast forward to 2003, the United States Supreme Court.  Just as we walk in, we hear the Honorable Chief Justice rule "Unconstitutional!" and the gavel falls.  If we had asked someone there WHAT had been ruled unconstitutional, we would have been told, "Why, the TEXAS Homosexual Conduct Law, of course!"  Uh...ummm... just a minute.  I thought that we had done that in '86!  Nope.  It turns out that no one in the Texas Legislature, in the nearly two decades since that night in Waco, had successfully removed the unconstitutional and useless law from Texas law books. In fact, many state representatives and senators had come out in favor of leaving the Homosexual Conduct Law on the books.  It can't be legally enforced, but the politicians curried favor with many constituents by being "for" the little law that couldn't.

Now, fast forward to tonight right here, wherever you may be in the United States (if you are in the States, that is).  It turnes out that tonight, December 17, 2011 the Texas Homosexual Law, in all its Unconstitutionality, is STILL on the books.  Apparently at least thirteen other states have the same laws on the books as well, all unconstitutional and unenforceable.  No I am not "Gay," I am not homosexual, but I am concerned that this law is still in any state law book, much less over ten percent of the states. 

Here is where some of you may disagree with me, and this is your choice.  In fact, that is really the point of this blog.  It is our choice. I know what the Bible says about those awful homosexuals!  Yes I do.  I also know what it says about those awful thieves, haters, killers, drunkards, adulterers, gossips, and liars.  And don't forget about lust, jealousy, idolatry, and those who cause God's little children to stumble.  I refresh your memory on that last one.  It says better they were not born

One Of My Rare Kudos To The People's Republic Of China

In a very compelling, tragic, and yet triumphant news development from China, the police there brought a six-month long criminal investigation to a dramatic conclusion this week by arresting over 600 people suspected of being involved in nationwide human trafficking activities. In the process of nabbing the suspects, the police also rescued nearly 200 children, who were placed in protective care. Locating the parents of many of these children could be a long process; in the meantime the children will reside in orphanages under the care of female police officers.


The Chines criminal investigation was a complex operation – approximately five thousand police officers and investigators were utilized in a very closely coordinated effort. Suspects, who were spread across that nation, were arrested in numerous raids conducted simultaneously throughout China.

The investigation was sparked by a seemingly routine car accident; however, responding officers noticed something amiss. Inquiry (pardon my ignorance of Chinese police interrogation procedure) turned up information of not one, but two separate, national child-trafficking organizations. The ensuing police investigation not only brought about the collapse of both criminal organizations, but ultimately, the arrest of both top bosses, one of whom was a female.

The Chinese Ministry of Public Security emphasized the government’s stance against human trafficking, citing a zero-tolerance policy. All of those suspects convicted of human trafficking will not only face jail time, but financial penalties as well. The government believes that the loss of liberty, as well as of all possessions and wealth associated with profit from criminal activities, will act as a deterrent to those contemplating similar activities.

According to the Ministry of Public Security, Chinese police have rescued more than 18,000 children and at least 35,000 women since the government’s crackdown on human trafficking commenced in 2009. While many of the victims are destined for the national and international sex trade, a significant number were targeted for slave labor in China as well. Around the world, there may be as many as 30 million current victims of human trafficking. I certainly do not agree with many of China’s domestic and foreign policies, but that government’s commitment to doing its part in preventing human trafficking is commendable.