“A most powerful hurricane”
Posted 08/28/05
The following, from the National Weather Service, is to me the defintion of “We’re not fucking around here”:
WWUS74 KLIX 281550
NPWLIX
URGENT - WEATHER MESSAGE
NATIONAL WEATHER SERVICE NEW ORLEANS LA
1011 AM CDT SUN AUG 28 2005
…DEVASTATING DAMAGE EXPECTED…
.HURRICANE KATRINA…A MOST POWERFUL HURRICANE WITH UNPRECEDENTED
STRENGTH…RIVALING THE INTENSITY OF HURRICANE CAMILLE OF 1969.
MOST OF THE AREA WILL BE UNINHABITABLE FOR WEEKS…PERHAPS LONGER. AT
LEAST ONE HALF OF WELL CONSTRUCTED HOMES WILL HAVE ROOF AND WALL
FAILURE. ALL GABLED ROOFS WILL FAIL…LEAVING THOSE HOMES SEVERELY
DAMAGED OR DESTROYED.
THE MAJORITY OF INDUSTRIAL BUILDINGS WILL BECOME NON FUNCTIONAL.
PARTIAL TO COMPLETE WALL AND ROOF FAILURE IS EXPECTED. ALL WOOD
FRAMED LOW RISING APARTMENT BUILDINGS WILL BE DESTROYED. CONCRETE
BLOCK LOW RISE APARTMENTS WILL SUSTAIN MAJOR DAMAGE…INCLUDING SOME
WALL AND ROOF FAILURE.
HIGH RISE OFFICE AND APARTMENT BUILDINGS WILL SWAY DANGEROUSLY…A
FEW TO THE POINT OF TOTAL COLLAPSE. ALL WINDOWS WILL BLOW OUT.
AIRBORNE DEBRIS WILL BE WIDESPREAD…AND MAY INCLUDE HEAVY ITEMS SUCH
AS HOUSEHOLD APPLIANCES AND EVEN LIGHT VEHICLES. SPORT UTILITY
VEHICLES AND LIGHT TRUCKS WILL BE MOVED. THE BLOWN DEBRIS WILL CREATE
ADDITIONAL DESTRUCTION. PERSONS…PETS…AND LIVESTOCK EXPOSED TO THE
WINDS WILL FACE CERTAIN DEATH IF STRUCK.
POWER OUTAGES WILL LAST FOR WEEKS…AS MOST POWER POLES WILL BE DOWN
AND TRANSFORMERS DESTROYED. WATER SHORTAGES WILL MAKE HUMAN SUFFERING
INCREDIBLE BY MODERN STANDARDS.
THE VAST MAJORITY OF NATIVE TREES WILL BE SNAPPED OR UPROOTED. ONLY
THE HEARTIEST WILL REMAIN STANDING…BUT BE TOTALLY DEFOLIATED. FEW
CROPS WILL REMAIN. LIVESTOCK LEFT EXPOSED TO THE WINDS WILL BE
KILLED.
AN INLAND HURRICANE WIND WARNING IS ISSUED WHEN SUSTAINED WINDS NEAR
HURRICANE FORCE…OR FREQUENT GUSTS AT OR ABOVE HURRICANE FORCE…ARE
CERTAIN WITHIN THE NEXT 12 TO 24 HOURS.
ONCE TROPICAL STORM AND HURRICANE FORCE WINDS ONSET…DO NOT VENTURE
OUTSIDE!
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The Gray Area
Posted 08/27/05
With technology, it’s easy to break the law — or at least get close to the edge
Legally, it’s been a gray week for me.
I took apart and repaired a 15-year-old, Freon-filled air conditioner without an EPA permit. I destroyed a wasps’ nest with a makeshift flamethrower — using an aerosol can of cleaner “in a manner inconsistent with its labeling.”
And then I went hardcore. Well, sort of.
I got myself a new laptop at work; I bring it home on weekends for safekeeping. It has built-in Wi-Fi networking, and I had a Wi-Fi hotspot in my house.
As soon as I turned it on, the laptop found and connected to a Wi-Fi network. This was cool; I appreciate how easy it works. But it was also odd, because my Wi-Fi network is encrypted. You need a password to access it, and I hadn’t entered one.
I pulled up the list of networks, and there was mine, locked down, along with a few others, also locked. There was also one unencrypted one and I was connecting through it. The computer is set to search for the strongest network it can access and use it.
As I wasn’t planning on bringing my machine home more than occasionally, it was easier to piggyback on this mysterious signal than to set up my own network.
There have been plenty of stories about how you should secure your wireless network, and doing so isn’t difficult: a handful of clicks, really. Some neighbors had done so, but one had not, and now I was using his Internet connection.
Technically, this is theft. Sort of. (One reason it’s not is that I figured out which neighbor it was, and I told him. He didn’t mind.)
But it’s a good example of how traditional definitions don’t always fit in the brave new world. Was I stealing? It’s a solid argument that I was depriving him of bandwidth — that I was slowing his access. But what if he wasn’t online? (In fact, he wasn’t home at the time.) I wasn’t not depriving him of anything.
More importantly, he was leaving his network unsecured, so any PC with a Wi-Fi card in the area would pick it up automatically.
Try to make an analogy. It’s tough. He doesn’t pay for time on the network, so I’m not costing him anything. He wasn’t using the network then, so I wasn’t depriving him of anything — I wasn’t slowing his connection. Free WiFi connections are all over, so I wasn’t depriving an ISP of revenue.
Still, that hasn’t stopped other people from being arrested for “stealing” a signal.
(Amusingly, back in my office, I also get an unencrypted signal. This one’s from the Associated Press office across the street.)
Terrible twos
My two year old does not quite understand the concept of “don’t scratch your DVDs.” He’s already ruined a few CDs, but videos are more expensive and we’ve been good about keeping them out of his (literally) grubby hands.
The smart thing to do, of course, is make a backup and use that, keeping the original safely put away. That’s the beauty of digital, as I’ve said before: Lots of copies keeps stuff safe. This way Sam only risks a 50-cent disk, not a $20 one.
There are a bunch of programs out there for making backups of your DVDs with names like “1Click DVD Copy,” “DVD Wizard Pro,” and “DVD Cloner.”
I use one called DVD Decrypter, which I like for two reasons: 1) It’s free, and 2) it can remove UOPs from the DVD before making a copy.
If you have a DVD player, you’ve bumped into UOPs — “user operation prohibitions.” They’re the things that give the message “Operation currently prohibited by disk” (or something similar) when you try to do something you’re not supposed to.
For example, some of Sam’s disks come from a company — no names, please — that fills the first 10 minutes with commercials for its other products. The UOPs prohibit you from skipping them.
Can you imagine if you tried to read your child a book but couldn’t start until you flipped through 20 pages of ads? Of course not.
That’s why, when I made a backup of these disks, I also removed the UOPs. Now Sam can be as rough as he likes and we can skip the commercials, too. I know the original is safe, and I know he doesn’t have to be exposed to yet more advertising.
Is what I did against the law? Not yet, but the entertainment industry wants it to be. Right now it’s a gray area. I didn’t break the law, but the company that made the software might be on shakier ground… if it’s in the US. Of course if it’s in the free world (copyright wise) it might be perfectly legal.
Gray area
My father sent me birthday greetings with a card that has a photo of a New York scene — specifically, Fort Washington Park with the George Washington Bridge in the background. I’m always happy to see scenes of New York, but this one made me stop.
From the angle the shot was taken, you could just see, under the bridge, the Little Red Lighthouse. (If you don’t know about the lighthouse, you should.)
“Holy moly!” I said. Entirely by accident, he had sent me a card that brought back memories of one of my favorite childhood books. I scanned the card and sent it to a friend with a note, “Holy moly!”
Now that card was copyrighted art, yet here I was, scanning it and sending it to someone. Breaking the law or fair use? Obviously, fair use… I think. I wasn’t profiting from it, wasn’t depriving anyone of anything (it isn’t as if my friend was going to buy the card and now wouldn’t). It was pretty much in the context of a review.
Had it been a digital image I had paid for, however, and not an analog one (in this case, a printed one), that would have been exactly the kind of thing content creators would have wanted to prevent.
For now, though, I still have my copyrights — at least to some extent. (And let’s not forget that the idea of copyright was to protect the rights of content consumers as much as those of creators. It’s something the entertainment industry has paid Congress to ignore.)
I still can change my car’s oil without a license, permit, or certification. I can still build a potato cannon and fix my air conditioner. I can still copy my CDs to my MP3 player and use my TiVo to watch Friday’s Battlestar Galactica again.
But as technology marches on, our laws don’t always march with it. They’re written by men with agendas that are different than ours — men who don’t understand what they’re trying to legislate, or who are on the payrolls of companies that very much do understand it.
So chances are there will come a day there won’t be room for naughty men to slip about at all. The sad thing is that we’ll think them naughty in the first place.
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The Kutztown 13
Posted 08/19/05
(This is the unedited version of the column that appeared in USA Today.)
When there are two sides to a story, sometimes everybody’s wrong.
You may have read about this: A group of high school students in Kutztown, Pa., have been charged with third-degree felonies for misusing their school-issued computers.
They’ve been given the nickname “the Kutztown 13,” as if they’ve been wrongfully charged by a government gone amok for a crime they didn’t commit. As a tech columnist, I suspect I’m supposed to rally to their defense because they’re just kids playing around with computers.
But that isn’t quite the story, although it is the story that one side wants you to hear: those poor, poor dears.
Students are Kutztown High School were given free Apple iBooks — Macintosh notebooks. They got free Internet access through the school’s network.
The price: $50 insurance if they wanted to take it home. And they and their parents had to sign an acceptable use policy document. Essentially, they promised to follow the rules of computer use, which included things like ‘you have to live with the Internet filter we put on the computers, as annoying as it is’ and ‘you cannot use instant messaging software,’ and ‘we have monitoring software that can peek at what you’re doing.’
The kids didn’t follow the rules. They’re kids, and they quickly took advantage of the school administration’s stupidity.
Stupidity, as in the school taped the administrator password to at least some of the machines. With that, they could shut off the Internet filter. (Taping the admin password to the machine? How dumb is that?)
Naturally, with the filters removed and the big, bad Internet at their disposal, kids did what kids will: They downloaded things they shouldn’t have, grabbed themselves copies of iChat messaging software, and — this is the best part — hacked the monitoring program the school had installed so that they could spy on the administrators’ computers. (Ha!)
And, as you may have read, they’ve been charged with third-degree felonies.
Sounds like overkill for some teenaged mucking about, especially when it’s pretty obvious that the school administrations was a small step away from clueless.
Their parents, naturally, are outraged at this. A felony conviction can stick with those kids the rest of their lives. Essentially, it could destroy them. Try getting a job when you have to check Yes to “Have you ever been convicted of a felony?”
Hence, “The Kutztown 13.”
But there’s a lot more to the story.
What the parents don’t mention — but the school did in a press release — is that it wasn’t as if the school came down with the Hammer of God out of nowhere.
Not at all. These kids were caught and punished for doing this stuff, and their parents informed.
Over and over.
Quoth the release:
Unfortunately, after repeated warnings and disciplinary actions, a few students continued to misuse the school-issued laptops to varying degrees. The disciplinary actions included detentions, in-school suspensions, loss of Internet access, and loss of computer privileges. After each disciplinary action, parents received either written notification or telephone calls.
What was the parents’ reaction those disciplinary actions? Some of them complained that — despite signing a document agreeing to the acceptable use policy — the kids should be able to do whatever they wanted to with the free machines.
‘We signed it, but we didn’t mean it’? Interesting lesson, there.
Of course, they point out how disturbingly stupid the school to tape the admin password to the machines. (How dumb is that? This dumb.) And kids will be kids; if I was 15 or 16 and got the admin password, yeah, I’d do what they did.
And turning the administration’s monitoring program around so they (the kids) could see what school officials were doing? Brilliant. Positively brilliant.
But brilliant doesn’t mean right.
Did you read about the four guys who stole more than $70 million from Brazil’s Central Bank by digging for three months and creating a 260-foot tunnel to the vault?
Also brilliant. And also wrong.
Then the kids and their parents argue that they didn’t do anything all that bad — downloading instant messaging programs they weren’t supposed to, for example. And if that’s all they did, they’d be right to be angry.
But that wasn’t it. When the school changed the admin password, the kids got hold of a password-cracking program to get the new one.
They were caught, over and over.
“Stop doing that.”
“Stop doing that.”
“Stop doing that.”
My two-year-old knows to stop when we tell him twice not to do something. What’s a 15-year-old’s excuse?
Warning after warning, punishment after punishment, letter after letter, the kids kept breaking the rules, kept breaking their promises, and kept getting caught.
Of course, they play up the fact that the school administration was outwitted by a bunch of teenagers and thus deserved what it got. And if you ask me, it is pretty pathetic that the school didn’t have people who could set up its systems properly.
But the school wasn’t exactly outwitted; it caught the kids over and over. And even if it was outwitted, is that an excuse? If I’m smart enough to pick the lock on your house, and I get in and watch your TV for a while — would you say I had the right to do it? After all, I have these skills and you don’t know what kind of lock to buy.
What if I was caught and punished, and warned not to do it again, but I did? And again, and again, and again?
How many times is it OK to take advantage of someone who knows less than you, but also has power over you?
Answer, as they discovered: not too many.
Some of the parents have set up a Web site to give their side of the story. On it, on the page titled “What we want,” is this:
“The administration needs to admit their responsibility in the breakdown of security and discipline during the rollout of this experimental laptop program.”
Huh?
The breakdown of security and discipline? By the school? These kids and their parents were warned over and over to stop, and they persisted. These parents are in effect saying, “We can’t control our kids.” If there’s a breakdown, it’s on the parents’ parts.
And then there’s this oft-quoted bit from John Shrawder, one of the kids:
“There are a lot of adults who go 10 miles over the speed limit or don’t come to a complete stop at a stop sign. They know it’s not right, but they expect a fine,” [not a felony conviction].
Um, hate to break it to ya, John, but if you get caught doing 10 MPH over the limit again and again, Bad Things happen to you.
According to the Pennsylvania Department of Transportation, you get two points on your license for driving 10 MPH over the limit. After three, if you’re under 18, you lose your license for 90 days. Do it again, and you lose it for 120 days.
Not a felony, mind you, but the lesson is clear: If you do something once when you’ve been told to stop, you might get away with it. But over and over? Not so much.
But we learn from the parents’ site that these kids apparently have, shall we say, poor impulse control. (And their parents are powerless to stop them.)
“Make it policy,” sayeth the site, “that there is a back up plan other than felony charges for the kids who can not handle the temptations that laptops bring into their lives.”
First, there was a “backup plan.” It was the repeated disciplinary actions. Second, they appear to be saying that these kids can’t control themselves and the parents can’t control them. It’s not their fault they did these things even after being punished repeatedly. It’s the school’s, and it’s the laptops’.”
Sheesh.
Finally, after all these warnings and letters and phone calls, the school had enough. Yep, the kids were smarter than it was; that’s been proven. They can crack the security, ignore the rules, and the parents aren’t helping.
When nothing else worked, the school turned to the only thing it had left: the law.
Pennsylvania law classifies computer crimes like these as felonies. That’s not the school’s choice; it simply reported the crimes to the district attorney, who filed the appropriate charges.
Good.
Maybe a few pairs of soiled underwear will finally hammer home the messages into their heads: You don’t break in just because you can. When you sign an agreement, it means something. Learn to read the writing on the wall when it’s spelled out clearly and repeatedly.
But.
Soiled underwear and sleepless nights are one thing. A felony conviction is quite another.
The charges are not appropriate. The kids were incredibly stupid to do what they did, and the parents are just as bad for ignoring the messages they got. They’re also pretty pathetic if they think that the “kids will be kids” argument could possibly hold water after the first infraction. Or to even try to argue that the kids did nothing wrong after all those warnings — it’s like saying, “They had the ability to break in, so why shouldn’t they?”
But felony charges are not appropriate. Yeah, the kids and their parents clearly need to learn a lesson in a big way, by authorities more powerful than the schools. Fail them for the year. Forbid them from having computer access, period. Give them community service every day till they graduate. Slap ’em with hefty fines.
Ruining their lives with a felony conviction won’t help. They weren’t violent offenders, just idiot kids and idiot parents. This is a major screw-up on their parts, and it’s a lesson they need to be taught good and hard.
But even a minor felony with no any prison time is overkill. Destroying the kids’ lives doesn’t fix anything — it doesn’t make the world a better place. And that should be the goal.
Hurting their chances of going to a good college, or landing a good job does not serve the greater good. The punishment needs to be serious — something they and their parents will finally take to heart. But it should not be a gift that keeps on giving.
The kids in Kutztown are obviously smart (or at least they know how to use a search engine). They stand a good chance of getting past this and growing up and becoming productive members of society. Punish them so they’ll never forget it — but not so society never will.
Here are the comments that appeared when this entry was in the main blog:
Jon says:
Thank you for giving this story some perspective. I’ll come back to read you again.
mike boland says:
well you bought the district’s version hook line and sinker that the kids and their parents were given repeated warnings etc etc
my client was charged after NO WARNING and NO DETENTION
investigate first–then editorialize….
Chuck Staples says:
This is the first account I’ve read about the supposed extent of discipline these kids got. It puts a completely different perspective on the story. I agree that felony charges are extreme, but the kids deserve strict punishment. Everyone loses if felony charges is the course of action. What I want to know is - how many administrators were fired for being repeatedly negligent in securing school records?
Gnomic says:
This is yet another example of applying the law rather than good sense. America is quickly trying to apply the law - both criminal and civil - to everything we do as a society. We are suffering a chain reaction caused by too many laws, lawyers, and disposable income and not enough appreciation of the freedoms that we are giving up in our quest for judicial conquest.
The right thing to do: take away the kids computers for violating the rules. Then move on to solving real problems.
Applying the law simply ruins the kids lives and has little benefit other than providing some prosecutor a platform to run for office. The costs of ruining otherwise potentially productive lives with a felony record does society absolutely no good.
When I think back to some of the things I did as a kid - things that hurt no one but today would put me in jail and toss away the key - I wonder what lessons we a teaching the kids that will be one day standing on my oxygen hose in a few short years.
kefguy says:
I’m really displeased with the adults whose attitudes are that “kids will be kids.”
I too am wondering what’s happened to simple solutions. To wit: Take their computer’s away!
And/Or:
IF that doesn’t work,
THEN how about plain old-fashion expulsion?
ELSE these kids and their parents haven’t learned a thing.
I’m pretty sure the school board is within their rights to do that. Then it does become the parents problem (of where to put their kids for school). I’m pretty sure it wouldn’t happen again.
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