Saturday, January 28, 2012

Let's Play the "I Hate Polygamy Game"


Polygamy refers to a situation in which a Man is legally married to more than one Woman at a time. But, before anyone goes postal on me and complains that I am not addressing Women with more than one Husband, which is known as Polyandry, let me say that this Post IS meant to address both. Most people in the World are familiar with Polygamy, fewer are familiar with Polyandry, so I used Polygamy as a cheap ploy to attract these less knowledgeable people to my self-indulgent Post.


The photo Posted at the top is actually a photo of Young Muslim Women in Indonesia protesting against the Idea of Polygamy as part of a "Forced Marriage" issue. In fact, most of the Human Rights Groups around the World who are opposed to multiple spouses being legal are actually opposed abuses entailed the "Forced Marriage" and "Slavery" aspects of Polygamy, rather than on any actual Anti-Polygamy Philosophies.


Interestingly, few countries around the World actually allow Polygamy or Polyandry. Outside of South Africa, no Western Nations allow for a Man or Woman to marry more than one Spouse, but Australia and the United Kingdom do legally recognize Polygamy and Polyandry for Humanitarian and Public Assistance related purposes. Most of the Countries that have fully legal status for Polygamy are in the Middle East and Africa. Polyandry is not really an issue for most because we actually DO in a Paternalistic-Inclined World, where most Women would not even consider trying to marry more than one Man.


Religions have tended to reinforced the idea of a Monogamous Role for Marriage in the World. Few Religions formally allow Polygamy or Polyandry, with the Mormons being a notable exception of the Past, here in the Western World. We will get to the Mormons and more on Religions later, however.


What is actually interesting to consider though, is that most countries in the World actually do support Polyarmory, being in multiple relationships or being in Love with Multiple People, in the form of Serial Monogamy. Technically, unless a person is MARRIED to more than person at once we are not discussing actual Polygamy or Polyandry, but the net effect of most of the World's cultural treatment of Serial Monogamy is pretty much the same. People FREQUENTLY get Divorced and Remarried around the World.


In the West, Polygamy and Polyandry are more than just illegal, they are genuinely Socially Taboo. Romantic Love is thought to be the domain of a Man and a Woman, and more recently for a Man and Man or a Woman and Woman as well. Even in the Gay Community of the West, Polyarmory is a "no no," and all loving people should "Pair Up."



Most People who even suggest that they would be interested in Polygamy or Polyandry are usually assumed to be interested in a Lifestyle of having irregular and romantically unattached Sexual Adventures. Those people are commonly known as Swingers. There is actually no credible research available that suggests that this is the case, but Reverend Stickinthemud at the local Church, and Rabbi Putzenheimer at the local Temple are rarely wrong.


The question that some of us ask however is, why are Polygamy and Polyandry so widely demonized? Is it solely because of the "Forced Marriage" or "Abuse" concepts that many associate with them, or are there other more salient reasons?


This Link to the Blog is particularly good for this discussion, because it contains the most commonly made arguments against Polygamy. The Blog Post is long on assumptions, but extremely short on actual Facts about Polygamy.


The Guardian Story presents a slightly different take on Polygamy than the assumptions made in the Blog Post. That story suggests that the legalization of Polygamy might actually expand State Sponsored Benefits and Rights for some Women in Russian and Mongolia. That being the case, why is it still illegal there?


Here, we catch up to the Mormons, who have until very recently in American History, made Polygamy a central part of their Religious Practice.


If you start with the Wikipedia Article to gather basic information, and fan out into Cyberspace to look up more on the "Mormons and Polygamy," you will find that the overwhelming majority of the opposition to Polygamy, as practiced by the Mormons in the United States, has to do with Religious Bigotry and not too surprisingly, the struggle by White Anglo Saxon Protestant Males to retain Political Power.


The Morill Anti-Bigamy Act of 1862, actually made Polygamy illegal in the United States. What is striking about this Law, however, is that it also severely limited the amount of Land that Churches and Nonprofits could own, to a limit of $50,000. What does limiting Land Ownership have to do with stopping the "evils of Polygamy"? The Law does seem to have been targeted at directly limiting Mormon Power and Influence.


There has been, for many years, fear that Mormons and other Non-Protestant Religions would take over Power in the United States. While that fear of Catholics has lessened somewhat recently [at least until it was found that Priests were molesting children around the World], the fear against Muslims, Buddhists, Hindus, and Mormons actually has not.


And, in spite of all the Political Nonsensical Babbling of Pundits about Newt Gingrich winning the 2012 South Carolina Republican Primary, one thing should be obvious: the fact that Mitt Romney is a Mormon played a role in him losing to Newt Gingrich. South Carolina is one of the Notches on the Bible Belt, and no "Northeastern Yankee Mormon" is likely to beat out a True Christian there. I mean nothing BUT disrespect to the Political Pundits too.


There are still many errant beliefs about Mormon Polygamy being supported in the 21st Century United States. Some of them are even supported by "Reality Television."


The Show follows a rebellious Mormon-Splinter-Group Family, that practices a form of Polygamy which does not involve the Husband on the Show being legally married to multiple Wives, but does show the Family conducting their lives as though he were.


While the show never comes out directly and states their editorial opinion on the situation, the manner in which the show is edited clearly demonstrates that the Producers view the Family as they might view Sideshow Freaks. The situation is an unusual one, but the Producers also clearly shopped for someone of note from a Mormon Splinter Group that adheres to older Mormon Ideals, and the Husband in the Group is something of a Media Hound, who really is not representative of anything more than a typical Reality Show Oddity.


Much of the show delicately tiptoes around the subject of Sex, which I am guessing might be one of things that draw Viewers to the show in the first place. Just as much Discussion and Criticism of Polygamy centers on questions of Sex and Jealousy, it seems only logical to assume that people watch the show to either voyeuristically fulfill secret desires, or confirm their own unknowing suspicions about such a situation.


So, interest in Polygamy and Polyandry is treated similarly to interest in Adult Themed Concepts, and Pornography. Even though Porn is legal in all 50 States of the United States, and over much of the World, it still conjures up dark images of perversions for many. Polygamy and Polyandry seem to inspire similar fears.


The manner in which people present such occurrences tells us a lot about why they are viewed that way. Read the Abstract of that Case Study from the Link above. The language suggests that Polygamy and Incest are joined as a Practice. The fact that a Father would marry his Daughter is the real issue. Incest can have serious Biological and Psychological Consequences. There is no credible scientific evidence that Polygamy presents any of those same risks. Deeper investigation of the Case Study also reveals some very poor Methodologies employed in the Study. The references to broader relationships between Incest and Polygamy are tied to assertions which have some Anti-Mormon overtones at least. And at worst, The Case Study really stretches very little data into a big conclusion - even about the nature of the individual Case.


There are interesting, if not baffling, legal arguments being made against Polygamy and Polyandry.




So, after plodding through the previous Links, including the two articles, and the legal arguments in Canada, there does seem to be a lack of actual concrete practical objections to Polygamy and Polyandry. The rest of my research on the Subject, which as actually been fairly extensive, has failed to locate any arguments substantively stronger than the "Ten Reasons" shown in one of the Links above. So then, what is driving the Belief that Polygamy and Polyandry are so dangerous?

Could religious prohibitions against Polyarmory be at least part of the cause?


The Editorial at the Link above expresses opinions that are fairly common in Christendom about Polygamy, Polyandry, and Polyarmory in General. It is a "Transgression against God," and therefore cannot ever be acceptable in our Society. Should those of us who are not Christians, living in a supposedly Religion-Neutral Nation like the United States, be forced to conform to Religious Ideals, however?


As someone studying to be a Soto Zen Buddhist Priest, I would not consider myself Anti-Religion. However, I do find it hard to imagine a situation where any good can arise from a single religion dominating the practices of all others. Buddhism has a wide vary of Flavors and Sects among its many adherents. Some emphasize stronger controls on behavior than others. Even some famously "Liberal" Buddhist Leaders, such as the Vietnamese Zen Buddhist Monk and Engaged Buddhist, Thich Nhat Hanh, are very clear about their views on Sex, for example, seeing little use for it outside of reproduction. That alone would tend to bias Him against Polygamy or Polyandry, since many see them as further vehicles towards expansion of Sexual Liberties.


But, even accepting that there are contributing religious reasons for the Taboo on Polygamy and Polyandry, these reasons do not appear to be even the dominant reasons for the Taboo. So, what other reasons could be in play here?


The Legal Discussion at the Link above is a bit long-winded and somewhat technical. However, if you can follow some of the Legalese that the Libertarian Lawyer Author presents, it makes some rather interesting arguments for overturning the Defense of Marriage Act (DOMA). He even extends the argument to suggest that Polyarmorous Relationships should not be excluded from the same protected legal status Monogamous Marriages currently enjoy. The rationales for upholding DOMA, as he describes them in the Discussion, are actually quite weak and laden with Religiously Inspired Moral Judgments. So, if good legal arguments can be made for legalizing Polygamy and Polyandry can be made, why is no one listening to them?



Initially, when the Joseph Smith presented translations of his "Golden Plates" that he believed he had been divinely directed to discover, many of the Community Members where he lived were impoverished. By the time that Brigham Young was a central figure in the Mormon Church, the persecution and isolation had taken a toll on the Followers of their Religion. Just as it is now, women and children disproportionately suffered under the crushing poverty.



Brigham Young saw the Polygamy as a way to "gather up" and "protect" the women in their faith who did not have income or protection. While not meaning to sound a like Lobbyist for the Mormon Church, I can say that there may actually be some traction to the argument, as imperfect and Patriarchal as it is.

Smith's arguments and rants at the National Government about Polygamy yielded no results, however. In spite of the fact that the rise of Polygamous Mormon Families actually did reduce some of the Poverty in their Communities, the dominant voices in the Federal Government were not interested in allowing them to prosper through Polygamy to a point where they would be economically sound enough to challenge WASP control of Power. As mentioned before, Laws against Polygamy were passed, and the practice eventually was rejected by even the Mormon Elders themselves.


There is actually a strong correlation between the demise of the American Family, and the Rise of Poverty. However, how that notion of "Family" is actually defined is a not immediately apparent to many. The Rugged Individualism of the United States creates the Narrative of what the "American Dream" is supposed to be: "A Wife, Two Children, and a Home with a Picked Fence." Extended Families where multiple generations of Family share a Household to assist and support each other, are not actually part of that Narrative - even IF they tend to assist in diminishing the debilitating impacts of Economically Tough Circumstances on Family Members.


So apparently, any deviation from the American Dream Narrative is unacceptable. But why? Wouldn't it be better for everyone if people banded together, in whatever way they could, to assist each other economically and emotionally?


It may be good for the Majority of Economically Disadvantaged People to band together in any way they can, but probably not so good for those who create inequality for the own profit.

Polygamy and Polyandry clearly create Extended Families. Often, in the Polygamous Families living outside the Laws, multiple parties in the Family work to provide resources to Family Members. Economic Empowerment can actually arise from this situation. Even if there are intrinsic difficulties in the logistics and psychologies in such family structures, it is probably at least better than being Homeless or Starving.



Does that mean that I am wholesale ignoring the issues pointed up by the Women in Indonesia the Picture at the beginning of the Post? No, not at all. Forced Marriage is clearly WRONG, whether it is Polygamous or Monogamous. We see far less acrimony in our society around a Marriage of Convenience than about Polygamy or Polyandry. That is both perverse, and baffling.

I would suggest that Economics plays a much larger role in the Taboo status of Polygamy and Polyandry than any other factor alone. While I do not support seeing any Man or Woman forced into ANY MARRIAGE that they do not wish to engage in, I also see that Polygamy and Polyandry do not cause the Social Conditions that allow Forced Marriages to exist and flourish.



It is time to stop conceding the World to Greedy Victorian Notions of Sexual Correctness, and Religious Inspired "One Size Fits All" Morality. The Power of Choice could actually allow for even Group Marriage, if that is what a number of Consenting and Mentally Competent People wish to do. Let's stop disguising Greed and Prudish Morality as the "Common Good," and move forward to more practical and tolerant understanding of Relationships. That is just one Writer's view, however.

Peace and Compassion to you.

Jeffrey

Unique Late Saturday Post Today


Well, today my Polygamy Post is going to be a later night Post! Owing to numerous Geopolitical and Humanitarian obligations, I will be delaying my Magical Words until later this evening. Please do not give up "Hope" in the meantime! Salvation is coming!

Jeffrey

Saturday Post Coming Later On Today


Be prepared! Later on today I will be publishing a Post on one of the most Important Issues of the Presidential Election Cycle: POLYGAMY.

I will be discussing why Polygamy is so widely [and stupidly] frowned upon throughout the Western World! Gather up your Spouses and get ready to read some fiery stuff!

Jeffrey

Thursday, January 26, 2012

Friday Coma Break


After an extremely busy week [outside of making Posts here, that is], I will be asking my personal Physician, the Grim Reaper, to put me into a Coma for Friday. I really need the rest, and I do not like using my Mind unnecessarily.


So, I will be back to Blogging over the weekend! For Friday, I will be in the gentle hands of the Grim Reaper! He never sends me a bill I can't pay either!

Peace and Compassion to you.

Jeffrey

Indulging in Alikeness


Today, I have chosen to indulge my Ego by Writing on a very personal, but potentially irritating issue in this Post: Alikeness.


In this usage of the term Alikeness, I mean to expand on several different, but related ideas. While there really is only one actual definition, there are many facets or ideas contained within the concept. I will explore them, with my usual gentle but passionate sensitivities in place.


The first idea contained in Alikeness that I would like to explore is Conformity. In a Nation like the United States, where everyone supposedly has the "FREEDOM" do with their lives as their wishes and financial means dictate, Conformity Rules. For example, in the History of the United States, there has never been a confirmed Non-Christian who has served as President [the ridiculous claims of Barack Obama being a "Secret Muslim," notwithstanding].


I find it quite striking that, in the country where the initial Murderous Pilgrim Settlers landed so long ago to supposedly "escape Religious Persecution," no serious contender for the Office of President of the United States would dare claim to be a member of any Non-Christian Religion. If you think about it at length, which is a rare occurrence in the United States, it is made even more curious by the fact that the First Amendment to the Constitution DEMANDS the Separation of Church and State, (at least according to Slave Owner and Slave Lover, Thomas Jefferson). So, no matter what Religion a President is, they are Constitutionally disallowed from making that Religious Conviction an official part of their service in Office. However, Presidents DO OFTEN invoke the name of "God" in speeches and interviews, blowing that supposed Separation all to "Hell."


But, our National Religion is not the only area in which Conformity exists in the United States. In most places in the United States, it is actually illegal to be Nude in Public. There is the occasional rare and controversial Nude Beach, but many of those places have been the subject of increased scrutiny and scorn by Cities, Counties, and States. Nude Beaches are actually perpetually in danger of being closed. While there is actually no specific language in the Constitution requiring Americans to "Wear Clothes in Public," it is tacitly understood that, even in the absence of Laws Prohibiting Nudity, (and there are actually numerous unusual sounding Laws Prohibiting Nudity around the Country), it is just not decent or acceptable to be Nude in Public.



An idea related to Conformity which is contained in the idea of Alikeness is Sanity. Many [if I actually have "many" Readers] might scratch their heads upon reading this, wondering what relationship there could possibly be between Sanity and Alikeness.


Contrary to what most might believe, Sanity and Insanity are actually artificial Social Constructs. While the term "Mental Illness" refers to something that usually can be defined via Objective Clinical Evaluation - meaning that there are standardized and agreed upon symptoms and definitions that are assumed to be the product of research and evaluation of data, via the Empirical Process - Sanity and Insanity are kind of nebulous terms, that vary from person to person. However, the idea is contained within Alikeness in that it is employed as a Universal, even if few of us actually agree on what it means.


Some, including certain relatives of mine, would consider "Big Wave Surfing" to be an act of Insanity on the part of the Surfer. As a Zen Buddhist who has listened to those who have Surfed Big Waves describe their experiences while surfing, I consider the act to be "Zen." Many speak of a loss of distinction between themselves and the wave, which is really at the heart of what many believe to be the Zen Satori experience. Others just see a crazy dude in the water taking an unnecessary risk.


However, there are certain unwritten rules about Sanity and Insanity that seem to place limits on our behavior. While many might want to bring their own self created contracts with them to the Car Dealer when looking to purchase a car - and there is no law against such an action - doing so would most likely be described as Insane by the most Americans. But why?


Could it be . . . well . . . that most Americans are . . . well . . . mindless idiots? Are we so completely trained to think and do as we are told, that we are willing to police our own behaviors to our detriment?


Which brings me to the next idea contained in Alikeness that I wish to discuss: Fashion.


The Video Posted above is a Video [unofficial] of a Song by the Most Underrated Band on Earth, Fishbone. The Song is called "Subliminal Fascism," and it equates the ideas of Fashion and Fascism in a wonderfully energetic and clever manner.

Fashion is one of the mechanisms that encourages us to police our behaviors without anyone really having to threaten us. It is also the mechanism which makes no appeal to Sanity at all. It exists in an aether of unreality that no fully functioning Mind can ever pierce.


I will not spend a lot of words on Fashion, since words fail to transmit just how useless and uncivilized it truly is.


Another idea contained in Alikeness is the idea of Duplication. It is the CORE of Business. Contrary to what we might want to intuitively believe about Business, most Businesses would love to simply Duplicate one highly successful Product over and over again, with as little change as they can possibly get away with. In fact, many Businesses sell us on the very idea of Uniqueness, by getting us to desire frequently and endlessly Duplicated Products through clever efforts to make them appear Fashionable. "Be unique! Just like everyone else!" Some might call this Insane, but who are THEY to judge what Sanity is?


The last idea contained in Alikeness that I will discuss is Mortality. This component of Alikeness is unique to Living Sentient Creatures. All Living Sentient Creatures will eventually reach the end of their Life Cycle, and experience Death. It is this Mortality that is the great equalizer, expanding our Existential Alikeness.

So, what did I actually accomplish in this Post on Alikeness? Did I actually impart anything of value by these brief and highly subjective ideas? Was there anything specific that the Reader can take away from this Post that will help them in their lives?

"Value" and "Helpfulness" are very personal terms. It will be up to each Reader to determine for himself or herself if this Post had anything of value in it for them. Because, at the end of the day, for all our Alikeness, we are each unique and special in how we perceive and interact with each other, and how we exist the Universe.



Peace and Compassion to you.

Jeffrey

Wednesday, January 25, 2012

Followup: SOPA and PIPA Fallout already?


Less than a week has passed since the Megaupload Raid and Arrests, and already other Cloud Service Companies are shutting their virtual doors and packing it in.


All this as a result of the ACTA [see today's other Post] related activities around the World? Is this all a little premature? Are we seeing a cooling off in excitement about "Free Speech"?


Well, it does look like at least a few of the more dire predictions related to diminishing Net Neutrality are coming to pass. First, the Global "War on Terror" saw numerous Governments around the World expanding their powers to snoop on their Citizens' Internet Activities which might be related two ton Hobgoblin of "Terrorism." 



Now, "Freedom of Commerce" is the Sacred Covenant that we are supposedly protecting and preserving with even more snooping, policing, and censoring. Is all this expanded Government and Private Sector Power really doing anything for the average World Citizen?


Well, it has been the case, at least here in the United States, that most people simply accept that having few or no Civil Rights is just the price we pay for living in a World with "Terrorists" who want to kill us just because they hate "our way of Life," or so the narrative goes. With so few Civil Rights left, and a country on the path towards being a "Police State," shouldn't WE hate it too?



Think of what Bills like SOPA and PIPA [see today's other Post again] are actually proposing to do. They would empower Non-Sworn, Non-Law-Enforcement Individuals to police the actions of others. When we ask Hosting Services, Internet Service Providers, and Private Citizens to watch for dangerous and potentially illegal activity of this nature, we are asking them to do the Job that Law Enforcement exists to do. More importantly, Law Enforcement gets special training to recognize what is illegal, and then how to stop such activities presumably without violating the Rights of the Parties in Question.

Without that kind of training, few people will know what to look for, and even less about what do once they find it. As we saw during the "Red Scare" Period of American History, things can get out of hand really quick when everyone and everything is under suspicion, and no one really knows what hell is actually "illegal."



We seem to go through these periods of needing Boogeymen like "Terrorists" and "Pirates;" at least in the United States. When we are unable to express our frustration with the ineffectiveness and corruption in numerous Levels of our Lives, we need some other to blame our problems on. At the very least, we need some nonsensical Soap Opera-ish narrative to distract us from our inane fears.


So our "Leaders," being people of extremely limited Intelligence and Wisdom, create these grand scenarios that suggest that Monsters, Freaks, and Criminals of all sorts that are about get us, unless we let them do whatever is needed to protect us. Oddly enough, their whatever is needed almost always ends up making a select few Corporations and People Richer.

Now, we are seeing Cloud Computing/Filesharing services closing, and the Taxpayers being asked to give up precious Civil Rights and Tax Dollars to stop the "Piracy of Intellectual Property." This is a burden rightfully and routinely placed on Businesses themselves, not Taxpayers. No guarantees are offered that our few remaining Rights will not be abused in the process. No timelime or schedule is available for when all this Police-State-like activity will end. We just need to trust that it is all being done with our best interests in mind.


The thing we must keep our eyes open for now, is that Magical moment that is approaching when we are going to be asked to officially accept that we are in a "State of Emergency" where we need to accept the ". . . loss of some of our Civil Rights for the greater good of all." Oh wait . . . that moment has already come and gone. That was what the Patriot Act was all about. So what should we expect next?

Peace and Compassion to you.

Jeffrey

A Really BAD ACTA in a really bad Play Against Internet Neutrality


The Anti-Counterfeiting Trade Agreement, or ACTA, is a Multinational Treaty Agreement reportedly aimed at reducing the amount of Piracy of Intellectual Property in the World. On the surface, the idea seems like a fairly reasonable one: To stop "Pirates" from stealing the "Intellectual Property" of "Intellectual Property Owners" who are being unfairly victimized without adequate protection. Right and Righteous, no?





There are other countries potentially involved, but those are links to relevant Official Websites of the major Countries involved in the Agreement - at least as of this time. Oddly enough, the People's Republic of China, the largest Manufacturing Power in the World currently, does not seem to be lobbying to become a signatory on this agreement. I wonder why?



Could it be that so many of the complaints about Counterfeit Products that have Businesses have registered with individual Governments, and the World Trade Organization (WTO), are actually complaints against Chinese Companies?



So, if this "Trade Agreement" really does address the problems associated with Counterfeiting, and Intellectual Property Theft, what downsides could there possibly be in seeing it enacted by the participating Nations?


It appears that many of the Critics of ACTA are concerned about the possible Geopolitical Implications of ACTA. Concerns over spurious enforcement of Copyright Rights around the World appears to be only part of that concern. What really seems to have many concerned, including yours truly, is the potential this creates for the enactment of Laws enhancing the Powers of Private Companies to monitor the Internet activities of Individual Websites, and Individuals as well.


Groups like the Electronic Frontier Foundation have been working for some time to protect the Rights of users of the Internet. Ever since the Information Superhighway was created by Al Gore, [or whoever ACTUALLY created all its numerous components], many Famous People, Corporations, and Governments, have been trying to find ways to limit its scope, and uses.


Of late, the Internet has been credited with actually Toppling Political Regimes in places like Northern Africa, and aiding Protesters here in the EVER FREE United States. Is that a potential problem, however?



It is kind of curious to some of us that ACTA, which has actually been in the pipeline for some time now, is being pushed so strongly now by the United States. In the United States, SOPA (Stop On Piracy Act), and PIPA (Protect Intellectual Property Act), were two pieces of Legislation recently making their way through the House of Representatives and Senate, respectively. Both had strong support from Movie Industry Interests, and Artists' Unions. Both were Bills in support of Goals established during ACTA negotiations. Could it be that Hollywood has that much influence over National and International Priorities?


Surprisingly though, SOPA and PIPA lost support the day after Internet Powerhouses Google and Wikipedia, among others, staged an Online Blackout in protest of the two Bills. So, maybe Hollywood isn't the juggernaut that many blamed for the creation of SOPA and PIPA?

It would seem that multiple interests are involved in this issue of Intellectual Property Rights. Is the Protection of "Property Rights" actually the long term Goal here? Take a look at the Language used in an Article produced by the International Civil Liberties Group, IP Justice, back in 2008:


IP Justice referred to the idea of increased "Spying" on the part of Governments under ACTA. Now, think back to my earlier question about whether or not Internet usage contributing to toppling Governments is a problem. Do any questions of your own come into mind now?


Perhaps it might be best to think of this as a Public Interest versus Private Interest issue first. Freedom of Speech is not only a part of the United States Constitution's Bill of Rights, it is considered a Fundamental Right under numerous Treaties around the World, including International Equivalent Laws to the United States Uniform Commercial Code, which are in place around the World.


Much of the notion of Global Free Trade is based on the idea of Free Speech, and the Rights of Individuals to do Business without restriction. AND in the United States, that Corporations are "Persons" that have all the same Free Speech Rights as actual living breathing and non-immortal Human Beings. So, where does the Problem exist here?


Well, the trouble arises when we start trying to weigh Private Property Rights against General Public Interests. One pressing example is the concept of Water Rights. Can someone actually own something that occasionally just falls from the Sky? Apparently, the answer is "yes."


While the change in the Law mentioned in the Link above does expand the Rights of parties wishing to "Harvest Rainwater," it does so under strict guidelines. In essence, there are still circumstances under which you cannot put a bucket out and collect the Rain Water that just falls from the Sky. Private Interests and Public Interests are clearly at odds here. But how does this relate to ACTA?


Well, ACTA ultimately distills down to the same Public vs. Private Interests Conflict - if you believe the Framers of the Treaty. With an ever-increasing number of technologies available to Internet Users allowing them to share Information, do "Information Owners" have the Right to limit how and when that Information is used?


Here's where I get to be a huge Coward and say that I honestly have no idea WHERE to specifically land on this issue. People who produce Art, for example, really would like to earn a decent living from their efforts. They tend to earn far less when their works are "Pirated" by those with no respect for the effort it took to create them.

Sadly, I find myself smack dab in the middle of this issue, as both a Writer and Visual Artist. I want to earn enough money to Eat and Pay Bills from sales of my work. However, I am also extremely leery of Private Parties peering into my Internet Activities to make certain that I am not stealing their Intellectual Property.


My concerns go far beyond the issue of Public Good vs. Private Rights, however. I am very concerned with the idea that, under the guise of looking for "Pirates," Private Companies and Governments might also pay attention to Political Speech and Activities as well. This potential has not been as widely discussed, but it would stand to reason that the Slippery Slope concept relative to impediments to Free Speech would apply to ACTA as well.


Since each Nation is free to interpret ACTA implementation under their own Laws because this is an International Treaty, the potential for abuse is actually quite large. SOPA and PIPA are two ACTA related Bills that appeared in the United States. This is the same United States that suspended many Civil Liberties under the Patriot Act, after the 9/11 Incident. And arguably few, if any, of the major Liberties suspended under the Patriot Act have been returned to American Citizens to date.


So, is it wise to trust that ACTA related Laws will always STOP short of violating Constitutionally Protected "Privacy"? As I mentioned before, less discussion has taken place in public forums about potential Political and Civil Rights abuses related to ACTA related Laws like SOPA and PIPA, than about Privacy or Property Rights. I find that, in itself, to be extremely alarming.

When the File Sharing Giant Megaupload was recently shut down around the World, and its Headquarters in New Zealand raided, most Commentary about the incident centered on "Intellectual Property Rights," not potential Political issues related to the seizures.


What I would like to know is if any of the Information being stored on Megaupload servers might actually belong to parties hostile to United States interests? If that particular Corporation was one used widely by legal Militias, Anti-Corporate Groups, or Political Activists, or similar groups for Cloud Access to Files, then THAT might actually be of interest to Human and Civil Rights Groups.


If protecting Intellectual Property Rights is the sole issue of interest in formulating and enacting ACTA, then why isn't China involved? The United States Trade Representative has a "Priority Watch List" of Countries that they apparently feel are most responsible for failing to police Piracy within their Borders. Why not simply ask those Nations to agree to police such activities under their own Laws, rather than trying to negotiate International Treaties that might require Countries to engage in practices that could potentially violate their own Civil Rights Laws? Hmm . . .


Well, I can see why discussing this issue with China, whom we owe a Trillion Dollars in Loans to, might be a bit tricky to address diplomatically. While they have been on that list for seven straight years, we DO actually owe them a lot of Money, which we apparently are currently unable to repay. Oh, and there was even mention of borrowing more Cash from China to pay for Wars, Tax Cuts, and other stuff we can't live without.


So, is ACTA then the only way to deal with Piracy, and "Protection of Intellectual Property Rights"? Well, actually it is not. One of the avenues open to Corporations and Individuals concerned with protection of their respective "Property Rights," is Better Security. There are actually some fairly good methods available to prevent Internet-Based Information theft, but this path is actually more expensive, and would likely cut into the Profits of Corporations that like seeing their Products placed everywhere on the Internet - for easy access.

Some of these methods are actually a bit more complex, and would make it more difficult for potential customers to gain access to their Products. This might cut into sales as well, and cost Companies' profits in that manner as well.


Oddly though, when Brick and Mortar Small Businesses get robbed frequently, their are usually told by local Law Enforcement to "Get Better Security," or "Move." Loss Prevention is usually the responsibility of the Business, not the People of the Nation where the Business Operates. For those Businesses, we call this the "Cost of Doing Business." If they cannot afford it, they usually go out of Business.



If Sears were to start patting down and body searching every customer entering and/or leaving their stores, Human and Civil Rights Advocates would be all over it. For certain, Sears would suffer a huge drop in Business, with many customers leaving in absolute disgust. In the Bizarro Corporate Controlled Reality of Cyberspace however, we try to pass laws to allow that very thing to happen on a Worldwide Scale. Go figure.

So, we should probably also be at least little concerned as Internet Users, [you are an Internet User, or you would not be reading this] that Treaties like ACTA, along with Bills like SOPA and PIPA, might actually open up a window for abuse of our Political Rights. Even if we have trust that our Presidents, Prime Ministers, Premiers, or whomever are basically good and decent people, we would have to be true Fools to believe that all their subordinates are as well.


So, when we hear Government Officials telling us not to be concerned that they might be snooping around via Private Companies, or that they might shut down Websites without Due Process, we should really be very concerned. Because while I may not be entirely certain about how to deal with the issue of Intellectual Property Theft overall, I am CERTAIN that giving Private Companies Policing and Censorship Rights, as well as expanding Government authority to monitor our Online Activities, IS NOT a good solution. Peace and Compassion to you.

Peace and Compassion to you.

Jeffrey