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Overing (Online Journalism Review), "End of Anonymity Without Liability?," 11 Jan 01 Web Sites of Interest: Real Political Correctness: AA News, "Bush Huddles With Catholic Leader, Plans Strategy to Push 'Faith-Based' Partnership Plan in Congress: Fleischer Says Church Involvement 'Next Step In Welfare Reform'," 25 Jan 01 What's Worth Checking: 10 stories -------------------------------------------------------------------------- NEWS ON THE INTERNATIONAL BRIGADES FROM THE SPANISH CIVIL WAR Madrid: International Brigade Exhibit Asociación de Amigos de las Brigadas Internacionales In Alcalá de Henares (Madrid), from January 25 to February 25, 2001, within the framework of a week "dedicated to Azaña" which the city is holding, there will be an exhibition called "Volunteers for Liberty, the International Brigades", and is the work of AABI "The Association of the International Brigades" based in Madrid. The history of the International Brigades is illustrated through the use of display pannels with text and photographs. Aspects such as: The international situation before the war in Spain, the military uprising, the arrival of the first contingents, background of the volunteers, brigade organization, participation in key battles. Non military aspects are also covered such as, sanitary services and culture, the International Brigades after the war, their importance and their reflection in the arts. In addition, the exhibits includes period artifacts, weapons and uniforms. An exhibit catalogue will be on sale to the public. Furthermore, on February 8, there will be also a round table discussion on "The International Brigades yesterday and today" in Alcalá de Henares in the same celebration dedicated to Azaña. The participans are : Hans Landauer (Brigadista and chairman of the Association of Austrian Brigadistas), Guido Nonveiller ( Yugoslav brigadista), George Pichler (Professor at the University of Alcalá de Henares), Luis Suarez (Liutenant Mayor of Alcalá de Henares from the United Left) and Gustavo Zaragoza (University student and AABI member) - - - - - ALBA Collection Moving to NYU's Tamiment Library Peter Carroll 22 Jan 01 In the most important decision in its 22-year history, ALBA’s Board of Governors voted in September to transfer its entire Spanish Civil War archive holdings to New York University’s Tamiment Library near Washington Square. The move assures that the ever-growing archive will be processed by professional librarians and made available to more researchers and readers than ever before. In addition, the relocation will permit closer cooperation between ALBA and NYU’s King Juan Carlos I Center, which promotes public programs relating to Spain and the United States. NYU’s purchase of the collection also ensures the creation of a permanent endowment fund to sustain ALBA’s diverse activities long into the future. The ALBA collection, which will maintain its distinct name within the library’s holdings, consists of over 300 linear feet of original research material, such as letters, diaries, journals, and official records as well as the office materials of the Veterans of the Abraham Lincoln Brigade. Besides such paper documents, the collection encompasses about 5,000 photographs, over 100 Spanish Civil War posters, and miscellaneous historical objects and memorabilia. ALBA’s unique microfilm holdings of the Moscow Archives will accompany the archives to its new location. The move also includes duplicate copies of books and pamphlets, which will join the extensive holdings of the NYU libraries. The decision to transfer the archive from Brandeis University in Waltham, Massachusetts reflected the extensive growth of the collection in recent years, which required considerable processing, indexing, and storage. Facing space and budgetary constraints, Brandeis librarians recommended in 1998 that ALBA seek a larger depository. That proposal launched more than two years of negotiations between ALBA’s executive committee and various libraries interested in acquiring the collection. Among the other institutions that seriously contested for the acquisition were Stanford University in Palo Alto, California and the University of California at San Diego. Although both university libraries presented good offers for handling the archival material, the Board of Governors believed that the New York location would provide the most support both for users of the collection and for ALBA’s other projects. NYU’s King Juan Carlos I Center, located just a block from the Tamiment Library on Washington Square South, already co-sponsors the annual ALBA- Bill Susman Lecture and will continue to do so in the future. The agreement also provides for support of ALBA’s hosting of the annual veterans’ reunion in New York City as well as other kinds of cooperative activities relating to the Lincoln Brigade and the Spanish Civil War. According to the terms of ALBA’s agreements, the physical removal of the collection will occur by the end of 2000. During the next year, NYU will inventory the collection and begin to make it available to researchers. Brandeis University will retain duplicate copies of portions of the collection, including part of the Moscow Archives microfilm, its own holdings of Spanish Civil War posters (donated to Brandeis prior to the creation of ALBA), and its library of books and other publications. ALBA’s discussions of the transfer provoked intense participation among the Board of Governors. Issues involved not only geographical location and the quality of library services, but also the implications for the future of ALBA as an outreach organization. Whatever one’s preferences, the Board recognized that the final decision would shape ALBA’s role for many years. Of the 26 Board members who voiced their choice, 22 supported NYU’s proposal. -------------------------------------------------------------------------- NET POLITICS IN THE NEWS Foreign 'Net sites can be closed UPI (via PolicyTech) 10 Jan 01 ROME -- A landmark case of defamation over the Internet led to an Italian court Wednesday to rule that foreign-based Internet sites that contravene Italian law can be shut down, the ANSA news agency reported. It was not immediately clear, however, how such an order could be implemented or enforced. The ruling came in an appeal in the Court of Cassation by a Jewish man -- identified only as Moshe D. -- who said he had been defamed by a number of Web sites that claimed he had kidnapped his two daughters, was holding them in the city of Genoa and was raising them in defiance of Jewish law. ... Both the preliminary hearings judge and a higher tribunal had said the case went beyond their jurisdiction since the allegedly defamatory material originated outside Italy. However, the Court of Cassation Wednesday ruled Italy has jurisdiction since end-users connect to the sites from Italian territory. - - - - - End of Anonymity Without Liability? Michael S. Overing (Online Journalism Review) 11 Jan 01 Anonymity on the Internet is one of the premiere enticements by many users. The fact that a person can pose as someone else, or create a pseudonym, screen-name, or make up an entirely new identity appeals to many. Currently, there is no official tally on the number of "anonymous" surfers. But, sites like anonymizer.com reinforce the conclusion that a market exists for those who want to remain anonymous. A recent decision of the U.S. Court of Appeals for the Ninth Circuit has to provide anyone who is concerned about anonymous surfing some pause. According to that appellate court, entering a Web site under false pretenses can be a violation of the Wiretap Act and the Stored Communications Act, and potentially expose the entering business or individual to civil damages. On January 8, 2001, the Ninth Circuit ruled in Konop v. Hawaiian Airlines, Inc [2001 Daily Journal Daily Appellate Report 311] that accessing a Web site under false pretenses could be considered illegal interception of information. This potentially subjects the impersonator to liability under both the Wiretap Act [18 U.S.C. §§ 2510-2520] and the Stored Communications Act [18 U.S.C. §§2701-2710]. Reversing a judgment entered by district court for the Central District of California on these counts, the Ninth Circuit entered the fray on what could mean the end of anonymity without liability. Privacy rights activists have focused our attention on data collection, and the use of that data by the unscrupulous marketers who will spam us with their wares. As early as 1996, writers and commentators were recognizing the privacy connection to the right to anonymity [See, e.g., Perritt, Law and Information Superhighway §3.33 and citations collected thereat]. Reasonable concerns of privacy and data collection aside, anonymity without liability may soon be coming to an end. Businesses routinely police the Internet for defamatory remarks about their products. The popularity of sites which contain the business' name and followed by "sucks.com" are routinely registered by those who want to comment about the business, and those businesses which want to prevent such commentary. But, what happens when a business enters a site under an assumed name, to avoid detection? Is this wrong? Maybe. Mr. Konop was a pilot for Hawaiian airlines. He created and maintained a Web site in which he posted bulletins that were critical of his employer, its officers, and union. According to the court, much of the criticism hosted on the site focused on his opposition to concessions, which Hawaiian sought from the union. Critical to the Court's analysis was that access to the Web site was controlled by a login procedure utilizing a user name and password. The site had been created to allow other Hawaiian Airlines employees to register under their names, enter a password, and then gain access by agreeing not to reveal the site's content. Hawaiian Airlines management and union representatives were not allowed access. Hawaiian's management learned of the existence of the site. Its vice- president logged on by borrowing two other non-management employees' names. With their permission, he agreed to the terms and conditions for using the Web site [i.e., nondisclosure of the site's content]. Hawaiian's president was informed and became upset that he appeared to be accused of fraud and other bad acts in bulletins posted by Konop. Thereafter, Konop was contacted by the union and was counseled about the site's content, the disparaging remarks about the president, and the fact that the president of Hawaiian was considering filing a defamation suit against Konop. In response, Konop initially took the site down. He later put it back up, and after learning how Hawaiian had obtained access to the information on the site, he filed the lawsuit. Konop learned how the vice-president had logged on under the identities of other employees. He then filed suit against the Hawaiian Airlines, alleging among other things that it had engaged in illegal wiretapping. In the U.S. District Court for the Central District of California, Judge J. Spencer Letts ruled in favor of Hawaiian Airlines on these claims. According to the appellate Court, protection against eavesdropping on modern electronic communications was added to the Wiretap Act and enacted in the Stored Communications Act by the Electronic Communications Privacy Act of 1986 [P.L. No. 99-508]. Under Title I, the act prohibits unauthorized "interception" of "electronic communications;" Title II prohibits unauthorized "access" to "a facility through which an electronic communication service is provided." Accordingly, the Court felt that Hawaiian's entry into Konop's site fell within these prohibited acts. Although the Court went on to note that there are exceptions to the prohibitions, these did not apply. For example, electronic communication that is readily accessible by the public is not prohibited from interception. Nor is there a prohibition on intercepting electronic communications if the party sending the communication has given permission. Here, however, the fact that the Web site was secure, requiring the employee to log-in and enter a password, took it out of these general exceptions. The employees who had permission to log-on hadn't actually done so, Hawaiian's vice-president had. And, he did not have permission to do so. In short, impersonation of a party who has the right to access the site, does not convey permission to the impersonator to enter the site, and can be subject to liability under these acts. Most of the surfing population is not attempting to view secure Web sites under assumed names. Most of the surfing population is not attempting to learn what people are saying about us. However, the lesson to be learned for all of us is that there can be legal consequences and potential legal liability in the event we enter a site under an assumed identity, with or without permission. -------------------------------------------------------------------------- WEB SITES OF INTEREST: Anarcho-Syndicalism 101 "Workers Solidarity / Direct Action / Self-Management <http://flag.blackened.net/huelga/main.htm> [People may especially want to examine Gaston Leval's "Collectives In the Spanish Revolution" and Murry Bookchin's "An Overview of the Spanish Libertarian Movement -- tallpaul] -------------------------------------------------------------------------- REAL POLITICAL CORRECTNESS: It's from the rightwing authoritarians and always has been Bush Huddles With Catholic Leader, Plans Strategy to Push 'Faith-Based' Partnership Plan in Congress: Fleischer Says Church Involvement 'Next Step In Welfare Reform' AA News 25 Jan 01 President George W. Bush and his wife will be dining this evening at the home of Roman Catholic Cardinal Theodore E. McCarrick, where the two are expected to discuss plans for allowing religious groups to obtain public funding in order to operate a wide range of social services. Also scheduled to attend the gathering at McCarrick's Chancery in Hyattsville, MD will be Cardinal Hickey; Archbishop Montalvo, the Papal Nuncio; Bishop Fiorenza, president of the U.S. Conference of Catholic Bishops; and Bishop Lori of Bridgeport, CT. Next week, Bush intends to unveil his proposal for a Federal Office of Faith-Based Partnership, fulfilling a campaign promise made in July, 1999. Bush was running hard for the GOP Presidential nomination, and reached out to parishioners at an Indianapolis church, declaring that he would use $8 billion in grants, tax credits and other public funds to energize religious social programs to help the poor. Then-Vice President Al Gore had endorsed a similar initiative in May of that year when he lambasted those who "have said for too long that religious values should play no role in addressing public need." Bush's plan to expand the role of religious group in administering publicly-funded programs is an extension of the "Charitable Choice" provision incorporated into the 1996 welfare reform act. The architect of that proposal, former Missouri Sen. John Ashcroft, is under scrutiny after being nominatedby Bush as the nation's next U.S. Attorney General. Ashcroft's legislation allows sectarian groups to bid on government contracts in order to operate social services, while still retaining their religious character. Critics say that this violates the separation of church and state. Since Ashcroft's amendment, other legislative measures such as the American Community Renewal Act continue to "push the envelope" in how far churches, mosques and temples may go and use religious faith, symbols and rituals as part of their social outreach at taxpayer expense. McCarrick was recently elevated to the position of Cardinal by order of Pope John Paul II. He has served as the Roman Catholic archbishop of Washington, D.C. and before that was Archbishop of the Newark, N.J. area. In 1998, he locked horns with the state's Republican governor, Christine Whitman, over her veto of a ban on so-called "partial birth abortion." McCarrick has also served as Chairman of the International Policy Committee of the U.S. Catholic Conference, an advocacy group controlled by the bishops and archbishops. Through his involvement in the Catholic Conference, McCarrick has formed alliances with traditionalist church leaders such as Bishop Charles Chaput of Rapid City and Denver, who generated controversy in 1997 when he threaten to excommunicate parishioners who supported pro-choice legislation and candidates. Cardinal McCarrick also aligned with Chaput in 1994, when the Conference considered a resolution denouncing "the social and ecclesial (sic) problems caused by a radicalization of feminist issues that can lead people away from the church." The wording was so harsh that the NCCB rejected the proposal, 74-136. In 1998, when Christine Whitman won re-election, McCarrick was again at the center of controversy over abortion. He compromised on efforts by Catholic and other anti-abortion groups to deny permission for Whitman's Inaugural Committee to use Newark's Sacred Heart Cathedral for an ecumenical, interfaith service honoring the governor. McCarrick told reporters that despite Whitman's support for abortion rights and opposition to the "partial birth" ban, "the Lord will open the hearts and the minds of our elected officials to the necessity of defending human life, especially when it is threatened by procedures which can be truly described as infanticide." Bush: A Man For All Faiths From the earliest days of the recent presidential primary race and into the election contest when he ran against then Vice President Al Gore, George W. Bush made no secret about his religious convictions and spiritual journey through life. He was raised in mainline Presbyterian and Episcopal churches, sects traditionally identified with the "Protestant Establishment" in America. After marrying, he began attending services at the United Methodist Church, and officially became a member at age 35 to mark the baptism of his twin daughters. In writings, interviews and speeches, Bush notes that as he approached his 40th birthday, personal crises set in. He turned to a close Bush family friend, evangelist Billy Graham, a man who has been at the center of American political power since the days of the Eisenhower administration. By now, the story of Bush's "born again" conversation is part of the country's electoral mythology -- how he turned away from a life of drinking, smoking, possible drug use and philandering to undergo a spiritual transformation. Unlike his father, Bush is more readily accepted by the religious right and America's thriving evangelical community. The elder Bush was seen as spiritually and politically flawed, too soft on abortion, and unwilling to go to the mat for the social issues which mattered so much to the religious constituency which had helped put him in the White House in 1988. Despite doubts about the younger Bush's commitment to that same religious agenda, evangelicals voted for him in record numbers in the November election, and he enjoyed the full support of key players like Christian Coalition founder Pat Robertson (described as a "close friend") and Jerry Falwell. George W. Bush typifies the growing "confessional" mode in American politics where character flaws, political fumbles and personal peccadilloes can be exonerated through public avowance, particularly if draped in religious rhetoric. Bill Clinton quickly traded in his staff of personal development gurus and power coaches for a battery of "spiritual advisors" when it came time to "heal" in the wake of the Monica Lewinsky imbroglio. Former Vice President Gore and running mate Joe Lieberman both made use of the confessional mode as part of a larger strategy of incorporating religion into their campaign. George Bush did the same. While he avoided describing himself as a "born again" Christian as Jimmy Carter had, he persisted in describing his life prior to religious redemption. Bush enjoys a close relationship with a number of leaders from different faiths. Along with Cardinal McCarrick, he also spends time with Texas "megachurch" evangelist and Promise Keeper T.D. Jakes. Within his own Methodist denomination, Bush attends the relatively conservative Metropolitan Methodist Church, shunning the more trendy, liberal Foundry United Methodist church which had been favored by the Clinton's As President, Bush remains determined to carry out his promise of further involving religious groups in the operation of social programs. His strategy is informed by a circle of policy advisors including University of Texas journalism professor Marvin Olasky, and former Indianapolis Mayor Steven Goldsmith. Olasky is the considered the leading theoretician on so- called "faith-based" partnerships which would use a combination of private money and other funding sources to fuel a religion-based social welfare machine. For Olasky, the secular welfare state has failed in that it has not provided the motivational, spiritual foundation necessary for addressing issues like urban poverty, dysfunctional families, youth violence or substance abuse. Goldsmith embraces these same ideas. Both men are part of a wider "civil society" movement, which sees churches and other religious institutions as an central component in the public square. John Ashcroft, a Pentecostal Christian, also sees an important role for religious groups in the years to come. Under the Bush strategy, welfare money would no longer flow to secular administrative agencies; rather, it would be distributed to churches, ministries and other community groups that have supposedly proved to be "successful" in addressing a myriad of problems. Marvin Olasky is wary of too much government funding, rightly fearing that with state funding could come regulation and oversight. In Texas, though, Bush promoted policies which funneled public money to religious groups, and gave these organizations wide latitude in how the money could be spent. A current case is challenging a Texas program administered by a group of churches, where money was spent on Bible materials and clients were pressured to change their religious beliefs. A "Religion Tax" In America? Critics say that all of this violates the separation of church and state. For decades, government money has been flowing to religious groups, including sectarian schools, in order to pay for everything from transportation to school books. In theory anyway, the aid was not be used for religious purposes. Ashcroft's "Charitable Choice" provision in the 1996 welfare reform act, though, began to muddy the constitutional waters by permitting faith-based groups receiving public funds to "retain their religious character." It seems that crafting "faith-based partnerships" and similar programs that hand over tax money to groups operating social services with a religious flavor or content must inevitably violate the First Amendment. Earlier today, White House spokesman Ari Fleischer said that Mr. Bush is prepared to confront the "church-and-state" questions that will inevitably arise when he unveils his proposal for the Federal Office of Faith-Based Partnerships. "His focus is going to be on helping people get through some of the worst problems they face in life -- alcoholism, prison, children of prisoners, helping people leave behind prisons to re-enter the workforce," said Fleischer. "This is in many ways the next step in welfare reform. Faith- based solutions are often one of the best ways to help people get through crises in life." Nonsense, says Ellen Johnson, President of American Atheists. "If Bush really wanted to help poor people or other groups, he would fund secular programs," said Johnson. "Even many religious groups are wary about having the government drag them into the social services 'business,' for which they often lack any experience or expertise." "It's a 'Religion Tax' on millions of Atheists, and everyone else in America," Johnson added. "It compels us all to have our money confiscated on behalf of churches, mosques, temples and any other religious group that wants to make a withdrawal from the U.S. Treasury." -------------------------------------------------------------------------- WHAT'S WORTH CHECKING stories via <ftp://ftp.nyct.net/pub/users/tallpaul/publish/story7/> Dan Ackman (Forbes.com), "Net Libel," 29 Dec 00, "If you're fixing to defame someone, the Internet is a good place to do it. But not as good as it used to be, thanks to some recent rulings. In early December, a federal court in Virginia issued a $675,000 judgment based on the first libel verdict ever concerning an anonymous Internet message. This case is one of several around the country focusing on anonymous Internet postings." <2051.txt> William G. Martin (Association of Concerned Africa Scholars), "On the Edge: Waging War Against Africa: Will Bush Follow Clinton's Lead?," 20 Dec 00, "As the moving vans circle the White House, it is only natural to speculate on what looms ahead for Africa. Among liberal and even many progressives commentators there is a growing consensus: a Bush presidency will mark a new era of antipathy towards Africa." <2052.txt> The Drammeh Institute, "Strategic Conference to the UN World Conference Against Racism," 3 Jan 01, "In August of 2001 the matter of addressing centuries old issues surrounding anti-black racism will advance to the world table for discussion at the UN World Conference Against Racism in Durban, South Africa. While this date appears to be quite some time away community organizing is taking place all over the world in preparations for the conference." <2053.txt> ACLU, "ACLU Challenges "No Free Speech Zone" At San Diego Welfare Offices," 4 Jan 01, "The American Civil Liberties Union of San Diego filed a complaint today in federal court on behalf of a parents' advocacy organization that has been restricted from distributing literature and talking with welfare applicants at two county welfare offices." <2054.txt> Liam Craig-Best (Columbia Labor Monitor), "Human Rights Abuses Against Colombian Trade Unionists," 26 Jan 01, "As with last year, when 121 unionists were murdered in Colombia and many others 'disappeared', the attacks against trade unionists continue. The Colombian Government refuses to intervene and turns a blind eye to the fact that the Colombian military is heavily involved, sometimes directly and sometimes indirectly, in these crimes. The international media and foreign governments rarely comment on the grave situation faced by Colombian trade union members and as long as this remains the case the killings will continue. With the recent US Government decision to ignore the human rights performance of the Colombian armed forces the Colombian military has no incentive whatsoever to cease their attacks." <2055.txt> AP, "Pinochet Indicted for Military Deaths," 29 Jan 01, "A federal judge reinstated homicide and kidnapping charges against Gen. Augusto Pinochet on Monday and said the former dictator was being placed under house arrest in connection with a series of political killings under his 17-year military rule." <2056.txt> Reuters, "Over one million Turkish children are workers," 27 Jan 01, "More than one million children aged six to 17 work to contribute to the family income in Turkey, state-controlled news agency Anatolian said on Saturday. Widespread child labour is often cited as one of the problems that Turkey needs to tackle if it is to fulfil its ambition of joining the European Union." <2057.txt> Steve Patterson ([Gary Indiana] Post Tribune), "Klan back for a permit," 25 Jan 01, "Persistent members of the Ku Klux Klan are determined to march here and have re-submitted a parade permit request. While members of the Church of the American Knights of the Ku Klux Klan say they would like to rally at City Hall Feb. 3, their permit is likely to be considered for March 10." <2058.txt> ALA, "American Library Association votes to challenge CIPA," 10 Jan 01, "The executive board of the American Library Association (ALA) voted yesterday to initiate legal action challenging the recently enacted Children's Internet Protection Act (CIPA), signed into law on December 21. The decision came after more than a week of intense discussion among leaders and members during the association's annual Midwinter Meeting. The ALA contends the act is unconstitutional and creates an infringement of First Amendment protections." <2059.txt> Fairness & Accuracy in Reporting, "New York Times Swallows Pentagon 'Whitewash': Korea massacre probe needs independent investigation," 23 Jan 01, "The New York Times has given a pass to a deceptive Pentagon investigation into the No Gun Ri massacre. Sixteen months after the Associated Press published its Pulitzer Prize-winning expose of the massacre by U.S. forces in the Korean War (9/30/99), the Pentagon report states that although 'an unknown number of Korean civilians were killed or injured" by U.S. troops, "the deaths and injuries of civilians, where they occurred, were an unfortunate tragedy inherent to war and not a deliberate killing.' Since the AP story first ran, damning new evidence has come to light in the form of declassified military documents showing clearly that orders were given to shoot all refugees approaching American lines." <2060.txt> * * * * * In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. __________________________________________________________________________ FASCISM: We have no ethical right to forgive, no historical right to forget. (No permission required for noncommercial reproduction) - - - - - back issues archived via: <ftp://ftp.nyct.net/pub/users/tallpaul/publish/tinaf/> ============================================================ GET A NEXTCARD VISA, in 30 seconds! Get rates as low as 2.9% Intro or 9.9% Fixed APR and no hidden fees. 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