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After Columbine, Eric Holder Advocated Internet "Restrictions"

Posted by timothy on Fri Nov 21, 2008 06:34 PM
from the but-that-was-then-and-this-is-now dept.
ErikTheRed writes "In an audio clip discovered by NewsBusters, then-Deputy Attorney General Eric Holder advocated federal censorship of the Internet. This was in the aftermath of the Columbine High School shootings. From the clip: 'The court has really struck down every government effort to try to regulate it. We tried with regard to pornography. It is gonna be a difficult thing, but it seems to me that if we can come up with reasonable restrictions, reasonable regulations in how people interact on the Internet, that is something that the Supreme Court and the courts ought to favorably look at.'" Holder is reported to be Barack Obama's choice for Attorney General of the United States.
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  • oblig (Score:5, Insightful)

    by negRo_slim (636783) on Friday November 21 2008, @06:34PM (#25852223) Homepage
    Once again, who deemed the internet to be appropriate for children?
    • Re:oblig (Score:5, Funny)

      by tnk1 (899206) on Friday November 21 2008, @06:48PM (#25852423)

      Once again, who deemed the internet to be appropriate for children?

      I hear that Internet has the prestigious Pedobear Seal of Approval(tm).

    • by DRAGONWEEZEL (125809) on Friday November 21 2008, @06:58PM (#25852557) Homepage

      Almost any thought is inappropriate in the context of something else. I agree that the burden of parenting falls to "the parent(s)." But I really feel like in "Man of the Year" [imdb.com] Whoops! Hopefully the new Prez will realize the devastation of censorship.

      The interwebs freedoms (freedom to speech, free viagra for 6 months, and free "entertainment") are the last freadoms we still have in the world. You will be shot if you try and stake a claim to new lands (unless your heading to antartica). You will be on the news (and in jail) if you open the throttle of just about any car out there. You just can't go out and tinker anymore: You can't make modifications to your house w/o an inspection, you can't build your own chemistry sets, you can't create your own fireworks, god forbid if you actually make the devices you use every day. You are labeled a terrorist if you do these once playtime activities.

      For god sakes, let me at least use the internet to help me and my kids imagine w/ graphic images, surround sound, and the like, what a real gun looks like, or the difference between real and fake tatas, the chemistry behind gunpowder, why the largest slaughters of humans have been in the names of religious deities.

      Curiosity is the mechanism by which we live, and the mechanism to which we grow. W/o curiosity we would not lose our innocence, discover new things, or taste new fruits. The internet gives us a medium to try before you buy. To see what really happens if you set yourself on fire. You can google you how to fix a sink, build nuclear weapons, refine uranium, put together a solar installation that won't pass inspection but will produce e-, start your own business, and more. The interenet is a great place to satisfy curiosity.

      With all sources of information, discretion (the better part of valor) belongs to the user, and in the case of a minor, the user is the one who pays the cable bills (parents & taxpayers (for library filtering only)).

      I say if there is any censorship (I'll vote no), that any act of censorship is forced also to remove anything that isn't true, real, or declared a work of fiction.

      that's my .02 not that anyone asked.

      Please moderate this guy Obama! Not into the ground, lest you lose your purpose in picking him, but not into the sky lest we lose one of the things we rely on, inaccurate wiki's! (and more.. that was just to illustrate that the net is not the source for all knowledge, just a means to access knowledge presented)

  • Of course (Score:5, Insightful)

    by Zak3056 (69287) on Friday November 21 2008, @06:36PM (#25852247) Homepage Journal

    I guess this is what they mean by "Change you can believe in."

  • by nakajoe (1123579) on Friday November 21 2008, @06:38PM (#25852271)
    I can't think of any feasible government restrictions that would also be reasonable.
    • by Tackhead (54550) on Friday November 21 2008, @07:03PM (#25852641)

      I can't think of any feasible government restrictions that would also be reasonable.

      I can. Try this on for size. The language is a little dated, but I think it gets the point across pretty nicely:

      "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

      That seems like a perfectly "reasonable restriction", upon which the Supreme Court not only ought to, but has, repeatedly "favorably looked at".

      If, as Holder says in TFA, the court has "struck down every attempt" that he and his kind (whether they be religious zealots attempting to censor whatever their God deems "pornography", or nanny-statists attempting to censor portrayals of violence and whatever "hate speech" is this week) have made to get around it, then what would be so wrong with respecting the court's decision?

      Holder, you're about to become the Attorney-General. If you really want to demonstrate "change" relative to the prior Administration, why not do things differently? You could start by respecting the Judiciary as a coequal branch of government, even when (and especially when) its rulings aren't to your personal liking.

      As Lenny Bruce put it almost 50 years ago, "If you can't say 'Fuck', you can't say 'Fuck the government.'" As the Supreme Court ruled in 1971, Cohen v. California, can even say Fuck the Draft [wikipedia.org].

      Sometimes offensive speech is political speech. In modern idiom, Holden doesn't have to post tits, but if he thinks he can stop you from posting tits, the Courts have made it clear that he's the one who should GTFO.

    • by kenobi_wan_obi (586333) on Friday November 21 2008, @07:11PM (#25852747)
      Actually, the restrictions Holder had in mind were mostly passed into law four months after he gave that interview. See 18 USC Â 842(p):

      (2) Prohibition. - It shall be unlawful for any person -
      (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or
      (B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.
  • by PeeAitchPee (712652) on Friday November 21 2008, @06:38PM (#25852277)
    People will believe any promise pandered to them during a campaign. Daschle, Clinton, and now Holder? Change, indeed.
  • Change (Score:5, Funny)

    by isotope23 (210590) on Friday November 21 2008, @06:40PM (#25852311) Homepage Journal

    All your CHANGE is belong to us....

    Welcome to the Obamanation.

  • What? (Score:5, Insightful)

    by Reapy (688651) on Friday November 21 2008, @06:43PM (#25852347)

    The internet is just a way for people to talk to each other. If you censor "the internet", it is the same as censoring what you can speak to another person. We have this whole thing called the 1st amendment that protects that.

    If a parent doesnt want their child on the internet, they shouldn't allow them on it. Case by case. It is the same reason why you don't bring your kid with you to a sex shop. The material should be allowed to be there, and the parents should choose whether it is appropriate for their child or not.

    There is no such thing as "reasonable" censoring.

  • "We have too long taken the view that what we would term to be minor crimes are not important," Holder said, referring to current attitudes toward marijuana use and other offenses such as panhandling.

    When he was a U.S. Attorney in D.C., he seemed to spend a lot of effort attempting to impose [washingtonpost.com] massive penalties for low-level marijuana possession. Because, you know, people possessing small quantities of marijuana are really a big problem, and overcrowded prisons aren't. I wonder if Holder thinks Obama, as an admitted drug user, ought to be a convicted felon instead of in the White House? Or is it only a crime if you get caught? Basically either Holder is wrong here, and possession of marijuana should not automatically ruin someone's life with felony charges, or Obama is unfit to be president. Either way, I don't see how the two can be reasonably paired.

  • by ravenspear (756059) on Friday November 21 2008, @06:45PM (#25852377)
    Yet another case proving that as soon as children enter the decision making process, rationality goes out the window.
  • Surprise, surprise (Score:5, Insightful)

    by MikeRT (947531) on Friday November 21 2008, @06:47PM (#25852411) Homepage

    Holder is in favor of censorship, massive gun control, a drug war hawk... and you *ahem* hoped for change from Obama. How is this any different than Gonzalez, Ashcroft or Reno, except maybe a squeamishness about torture?

    Go ahead, moderate me down, but you know I'm right. For anyone who believed that things would change, Holder's nomination is basically total effing treason to that.

    Seriously, I will be surprised if we don't trade Gitmo and secret CIA prisons for a second round of Waco and Ruby Ridge if this is the start that Obama is off on with his DoJ appointments.

  • by decalod85 (1214532) on Friday November 21 2008, @06:49PM (#25852431)
    Censorship does not have a party affiliation.
  • Not a concern (Score:5, Insightful)

    by BountyX (1227176) on Friday November 21 2008, @06:52PM (#25852465)
    Big suprise. Lawyer wants more laws. I don't think this would happen under obama's watch who has clearly stated the preservation of an "open" internet and "net neutrality". Furthermore, he regularly seeks counsel from the EFF. See obama state his tech policy on this page [barackobama.com]. I understand that saying and doing are two complete different things. The article; however, is speculation and ignores the president's stated policy. I'm sure the EFF would have commented on this if they thought it was a concern. They havn't and I doubt they missed obama's speculated appointment.
  • by XLawyer (68496) * on Friday November 21 2008, @06:52PM (#25852477) Homepage

    Doubtless the point will be made that NewsBusters is a strongly partisan site, and this is true. Fortunately, though, they aren't asking anyone to take their word for it, instead posting a recording of Holder himself.

    While the Bush administration has certainly been no friend of free speech, I am not sure why anyone thinks that Democratic politicians and administrations have been better. For example, when Janet Reno was AG under Clinton, she warned the TV networks to clean up their shows, or the government would do it for them. Influential voices on the left call (unsuccessfully for the most part, it must be recognized) for censorship of various things on various grounds.

    The point here is not that one party is great and the other is terrible, but that neither major party is committed in principle to individual freedom, including freedom of expression. Believing otherwise is a dangerous but widespread error.

  • Libertarian legal scholar Eugene Volokh has posted a discussion [volokh.com] of this in which he concludes that what Holder advocated was actually a very narrow restriction on helping people build bombs.

  • in a democracy, you don't get to choose the candidate who fits your beliefs exactly, because such a candidate would, by definition of appealing so tightly to you, therefore appeal to only a small subset of society, and therefore be unelectable

    at BEST you get a candidate that appeals to you very weakly. because that candidate must cover as many commonalities of belief as possible in order to get elected

    and this is a GOOD thing: a government should closely adhere to the center of society, not to its various fringe groups. so if you are severely disappointed in obama, you're a fool, for judging him against absurd standards that will never, ever be met in reality

    in a democracy, you get a choice betwen the candidate who is slightly less evil than the other. that's all you EVER will get to choose from. and that is a sign of a HEALTHY society. meanwhile, when someone is elected who appeals to a small group of people ecstatically, something has failed, and society will suffer for that, for this candidate most certainly doesn't appeal to the majority of society he or see is supposed to lead. got that?:

    large appeal to small group != small appeal to large group. large appeal to small group is BAD for society. small appeal to large group is GOOD for society

    some of you need to focus on that, and let the implications of that sink in for how you value and judge your leaders

    all you could ever hope to do is tug the administration in power SLIGHTLY in the direction of your beliefs. anyone who believed barack obama was going to be some messiah of radical change is frankly, an idiot

    i will tell you right now with 100% certainty what you are going to get out of the obama administration: TINY incremental steps away from the bush administration bullshit. and YOU ARE GOING TO LIKE IT, because that is the best you could ever possibly get in reality, as opposed to the fantasies in your head, which some of you seem hellbent on judging your government against. absurd

    because the alternative is a continuation of the bush years bullshit. that's worse, right? then pleasde remember that when you judge

  • Surprised ? (Score:5, Insightful)

    by Arthur B. (806360) on Friday November 21 2008, @07:03PM (#25852645)

    But... but it's O-ba-ma...

    http://hnn.us/blogs/entries/57241.html [hnn.us]
    Yup this guy is also a strong drug warrior.
    You thought Obama would be nice on drugs? Think again.

    I'm fucking pissed off by the morons who keep cheering at every election for a candidate or the other. Oh yea, sure politics is screwed and power corrupts... but but, *this* guy, he's for real, you'll see.

    We need change, but not political change. In politics, change means, more shit than before. Political change is for the worth.

    Wake up, it's not about the people in charge, the problems lie with the incentives and yes, democracy itself.

  • by burris (122191) on Friday November 21 2008, @07:07PM (#25852697)

    Regardless of personal views, doesn't the AG advance the position of the administration? You say what your client wants you to say or you find another job. Isn't that the case for all attorneys? So the real question is what will Obama's policy be?

    • Re:This is sickening (Score:5, Interesting)

      by arth1 (260657) on Friday November 21 2008, @06:58PM (#25852563) Homepage Journal

      He already appointed Ms. Clinton.
      Now he only needs Joseph Lieberman and Jack Thompson, and it's complete.

      Anyhow, you didn't really think there would be much change, when the choice was between an ultra-conservative corporation-owned reactionary and a republican?

      Why those who voted in the primaries didn't say "enough is enough" and voted in someone a bit further to the left (i.e. approaching the European center right) is beyond me. The only thing I can think of is that they thought that Obama was from the left. After 8 years of someone so far to the right that it makes brownshirts appear leftist, it's conceivable that people have lost all perspectives, and think Obama is actually moderate.

    • by Anonymous Coward on Friday November 21 2008, @07:03PM (#25852657)

      You can always go over to change.gov [change.gov] and tell him what you think of this guy.

      But to be fair, it wouldn't hurt to see if this guy has changed his mind any time in the last decade or so. I mean, back in the 90s, they were clamoring to have encryption regulated as a munition and now you see them talking about requiring it...

      • by sumdumass (711423) on Friday November 21 2008, @07:06PM (#25852687) Journal

        The AG's office also creates legislation to be presented to the congress, that's where the patriot act and many other bills came from, they check over the president's purposed legislation for legalities like constitutionality and they give validation to policies.

        The AG isn't some office drone who does only what he is told to do. He is like the head of the legal department at a large company and plays a large role in steering their actions.