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Wednesday, November 13, 2002
18:56 - Fine Olde Debate Fodder
http://www.pcmag.com/article2/0,4149,692149,00.asp

(top) link
John C. Dvorak has a tirade in PC Magazine about the ubiquity of porn spam.

So where is the government and where are the anti-obscenity laws? According to most sources, anti-obscenity law enforcement had been largely curtailed by (gee, what a shock) Clinton. In fact for most of Clinton's administration, the various pro-family, Christian, Christian-right, and vocal conservatives complained bitterly about the whole situation.

PBS did a Frontline Report called "American Porn," which made the same accusations. Regarding the documentary, Ann Hodges of the Houston Chronicle wrote: "Frontline has no fear of placing blame. Bill Clinton's administration opened the door to a porn explosion on the Internet, it says. In her rebuttal interview clip, former Attorney General Janet Reno said dropping porn prosecutions was a matter of establishing 'priorities.'"

The worst offenders in this regard have been the free speech advocates who make the dubious claim that somehow a photo of someone performing an unnatural act with a horse is "free speech." First of all, who's talking? I have been a libertarian as long as I can recall, and have always been baffled by the concept that something other than words spoken constitutes free speech. Even the printed word, according to our Bill of Rights, needs to be mentioned separately (freedom of the press) since it isn't obviously covered by the definition of free speech. But I digress. There has been a long history of anti-obscenity lobbying in this country. Lenny Bruce got arrested for doing nothing more than cussing in a private nightclub in San Francisco some years back. What he did was deemed illegal. Today, graphic images pour out all over, and this is legal. What's wrong with this picture?

I'd argue that "speech" is in fact a larger concept than "people speaking", and "the press" is a very specific concept centered around the free flow of information. Free Speech does not imply Freedom of Press, nor is the reverse true.

Freedom of speech is invoked (and rightly so) to protect all kinds of artistic expression, including physical media and software, regardless of the medium, against thoughtcrime policing on the individual level. Freedom of press is about making sure that the government can't censor the newspapers, or restrict the flow of opinion and facts (beyond matters of classified information) through publicly respected news-dissemination organs.

The difference is subtle, but it's meaningful. It's just not meaningful in the way Dvorak means it.

But either way, obscenity laws have fought with the free-speech laws for a long, long time, and they've reached a balance. Dvorak does indeed have a point in that there should clearly be some form of regulation upon unsolicited porn being sent by traceable companies to minors' inboxes (to say nothing of other people's inboxes who aren't interested in, er, what they have to offer).

But how much of this stuff actually originates in the US? How much actually comes from Europe, Southeast Asia, or offshore interests specifically created so as to be free of laws banning this kind of thing? Crack down at home, and the business will just shift all the more to the Cocos Islands and Tonga and Niue.

The best answer may have to be the inelegant semi-solution of client-side filtering. Mail in OS X has a heuristics-based spam filter that is doing an excellent job for me-- I still have to weed out maybe five or ten pieces of spam per day, but lest I think it's missing a lot of the offending messages, I just have to look in the Junk folder to see that it's correctly catching and filing-away about a hundred per day. And the rate of false positives is extraordinarily low; the only ones I'm seeing are messages that can easily be construed as spam by all criteria you could name, but that I happen to want to receive. (This is easily fixed via the learning mechanism.) And my daily Klez ration has dropped from about fifty copies to maybe two.

I suspect all popular e-mail programs will do this in the not-so-distant future; most will probably not be perfect. Either way, it means lots and lots of wasted bandwidth, as the spam continues to be spewed all over the Internet, possibly even rising in frequency as spammers try desperately to raise their "hit count", while network administrators (with filtered e-mail) remain blissfully unaware of just how many of those little LED flashes on the LAN switch represent spam mail. I can easily see things getting to the point where over 99% of a network's traffic is spam mail, crowding out legitimate e-mail as well as other application protocols from the infrastructure. But that may yet be the best we can do.

It's not an easy solution, otherwise I'm sure we'd have found it by now. But I don't think things can go on like this much longer.
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© Brian Tiemann