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Subject: [IP] more on FEC considers banning Moore's 9/11 movie ads underMcCain-Feingold...

  • From: David Farber <dave@farber.net>
  • To: Ip <ip@v2.listbox.com>
  • Date: Sat, 26 Jun 2004 15:16:06 -0400


Begin forwarded message:

From: Bob Frankston <Bob2-0406@bobf.frankston.com>
Date: June 26, 2004 12:30:35 PM EDT
To: dave@farber.net, 'Ip' <ip@v2.listbox.com>
Cc: Hiawatha Bray <h_bray@globe.com>
Subject: RE: [IP] more on FEC considers banning Moore's 9/11 movie ads 
under McCain-Feingold...

[Warning: This message is self-referential and ambiguous -- your 
reality may differ]

&nbsp;

I agree with Hiawatha. It's part of the larger set of distinctions that 
the legal system makes which puzzle and infuriate those who program and 
deal with abstractions every day.

&nbsp;

Perhaps it's why it is so hard to explain the concept of separating 
transport and meaning. We can argue about it in tele/com as separation 
of facilities and services. In the bigger picture it is about 
separating intrinsic and accident properties and the general concepts 
of abstractions and representation.

&nbsp;

It's like trying to restrict pornography by banning the use of certain 
colors. Or by segregating the bad stuff into the .XXX domain.

&nbsp;

I realize that codifying social policies into laws is often done by 
projecting intent onto actions or objects but it must be done very 
cautiously and tentatively while allowing courts discretion (which then 
is frustrated by random (arbitrary and unpredictable) and/or mandatory 
sentencing). Does walking around with a large bolt cutter next to a 
bicycle rack mean you are a thief or intend to be one or are likely to 
have been one? Perhaps.

&nbsp;

Given the ambiguities it's no surprise that politicians are adept at 
gaming the election laws and the actual enforcement tends to appear to 
be perverse because it is perverse.

&nbsp;

But then, so is reality. I shouldn't blame the politicians themselves 
as they reflect the popular belief and hope that there are unambiguous 
rules if only "they" would enact and enforce them.

&nbsp;

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