No slots in Danvers. (No slots anywhere.)

pottersville

I was hoping this would go away so quickly that I wouldn’t have to write about it. But today Ethan Forman of The Salem News reports that local business leaders think a 24-hour, seven-day slots parlor in Danvers would just be a wicked awesome way of boosting the North Shore economy.

No surprise that our local Mr. Potters are excited about the idea of turning my town into Pottersville. But it looks as though those of us who oppose casinos and slots are going to have to mobilize — or at least get ready to mobilize.

To that end, I’ve started a Facebook page, No Slots in Danvers, and I’m going to keep a close eye on developments. The last thing we need is 1,250 slot machines behind the Liberty Tree Mall, abutting a residential neighborhood.

As those of you who’ve been reading Media Nation for a few years know, I was a staunch opponent of plans to build a casino — at one time billed as the world’s largest — in my hometown of Middleborough. That plan collapsed, fortunately, and I hope this one will, too. At the very least, I find it hard to believe that the proposal would win a townwide referendum, no matter how many goodies the developers promise.

Just say no to slots and casinos.

“68 Blocks” discussion to take place at the Globe

If you are an admirer of The Boston Globe’s “68 Blocks” series, as I am, you may want to check this out. On Wednesday from 6 to 8 p.m., Globe journalists and members of the Bowdoin-Geneva community will discuss the series in a public event to be held at the Globe.

You can register for the free event by clicking here.

Earlier:

Note: The time of the event has been corrected.

TNR’s new owner crosses a line with Obama interview

magjump2-popupThe New York Times goes deep on The New Republic’s latest reinvention. I wrote a couple of pieces for the venerable magazine many years ago, and I wish it well. But I also wish Times reporter Christine Haughney had explored a conflict of interest in TNR’s relaunch: the participation of new owner Chris Hughes in a major interview with President Obama.

I don’t necessarily begrudge Hughes’ wanting to play a role on the editorial side of TNR. It’s now his magazine, and previous owner Marty Peretz was a legendary interferer — sometimes for better, usually for worse. TNR is a small place, and it’s unrealistic to expect the publisher to exercise the same sort of restraint as, say, the publisher of a major daily newspaper.

But Hughes, the 29-year-old co-founder of Facebook, is also the “former online campaign adviser” to the president, as Haughney puts it — and by all accounts the key person in building Obama’s 2008 online presence. In April 2009, Fast Company ran a long profile headlined “How Chris Hughes Helped Launch Facebook and the Barack Obama Campaign.”

The TNR interview with Obama was conducted jointly by Hughes and the magazine’s editor, Franklin Foer. So what kind of hard-hitting questions did Hughes ask? Here they are:

Can you tell us a little bit about how you’ve gone about intellectually preparing for your second term as president?

Have you looked back in history, particularly at the second terms of other presidents, for inspiration?

You spoke last summer about your election potentially breaking the fever of the Republicans. The hope being that, once you were reelected, they would seek to do more than just block your presidency. Do you feel that you’ve made headway on that?

You inspired a lot of people in your first presidential campaign, and with your books, by talking about a new kind of politics. And now, four years later, it’s a time in Washington that’s characterized by nastiness more often that not. How do you reconcile those two things four years in?

It seems as if you’re relying more on executive orders to get around these problems. You’ve done it for gun control, for immigration. Has your view on executive authority changed now that you’ve been president for four years?

The last question is about Syria. I wonder if you can speak about how you personally, morally, wrestle with the ongoing violence there.

A not-uninteresting group of questions. To be fair, I’ve included all of them so that you could see the meaty as well as the fawning. And Hughes and Foer elicit substantive answers from the president. Nevertheless, given Hughes’ background, I found myself asking if he might have been tougher if he were interviewing a president he hadn’t worked for.

This is no more than a minor misstep. The real challenge facing TNR is that it is trying to carve out a niche in a world that has utterly changed since it was — at least in the movie “Shattered Glass” — “the in-flight magazine of Air Force One.” The Internet has made all but a tiny handful of political opinion magazines irrelevant.

Getting TNR back into the game will be a daunting task. Hughes just made it slightly more daunting. I hope he comes to realize that himself.

The Swartz suicide and the sick culture of the Justice Dept.

Harvey headshotRepublished by permission of Massachusetts Lawyers Weekly, where this article first appeared. Thanks to my friend Harvey for making this available to readers of Media Nation.

By Harvey A. Silverglate

Some lawyers are joking when they refer to the Moakley Courthouse as “the House of Pain.” I’m not.

The ill-considered prosecution leading to the suicide of computer prodigy Aaron Swartz is the most recent in a long line of abusive prosecutions coming out of the U.S. attorney’s office in Boston, representing a disastrous culture shift. It sadly reflects what’s happened to the federal criminal courts, not only in Massachusetts but across the country.

It’s difficult for lawyers to step back and view the larger picture of the unflattering system from which we derive our status and our living. But we have an ethical obligation to criticize the legal system when warranted.

Who else, after all, knows as much about where the proverbial bodies are buried and is in as good a position to tell truth to power as members of the independent bar?

Yet the palpable injustices flowing regularly out of the federal criminal courts have by and large escaped the critical scrutiny of the lawyers who are in the best position to say something. And judges tend not to recognize what to outsiders are serious flaws, because the system touts itself as the best and fairest in the world.

Since the mid-1980s, a proliferation of vague and overlapping federal criminal statutes has given federal prosecutors the ability to indict, and convict, virtually anyone unfortunate enough to come within their sights. And sentencing guidelines confer yet additional power on prosecutors, who have the discretion to pick and choose from statutes covering the same behavior.

This dangerous state of affairs has resulted in countless miscarriages of justice, many of which aren’t recognized as such until long after unfairly incarcerated defendants have served “boxcar-length” sentences.

Aaron Swartz was a victim of this system run amok. He was indicted under the Computer Fraud and Abuse Act, a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.

As Harvard Law School Internet scholar Lawrence Lessig has written for The Atlantic: “For 25 years, the CFAA has given federal prosecutors almost unbridled discretion to bully practically anyone using a computer network in ways the government doesn’t like.”

Swartz believed that information on the Internet should be free to the extent possible. He entered the site operated by JSTOR, a repository of millions of pages of academic articles available for sale, and downloaded a huge cache. He did not sell any, and while it remains unclear exactly how or even if he intended to make his “information should be free” point, no one who knew Swartz, not even the government, thought he was in it to make money.

Therefore, JSTOR insisted that criminal charges not be brought.

U.S. Attorney Carmen Ortiz obscured that point when announcing the indictment. “Stealing is stealing, whether you use a computer command or a crowbar, whether you take documents, data or dollars, and whether its to feed your children or for buying a new car” she said, failing to recognize the most basic fact: that Swartz neither deprived the owners of the articles of their property nor made a penny from his caper. Continue reading “The Swartz suicide and the sick culture of the Justice Dept.”

How empty space led to experimentation at the Globe

Creative technologist Chris Marstall at the Boston Globe Idea Lab.
Creative technologist Chris Marstall at the Boston Globe Idea Lab.

The New York Times has a terrific story today about how the downsized Boston Globe — a sister paper — has turned over a chunk of unused space to entrepreneurs, its online radio station, RadioBDC, and even a pilot for a television series.

As Times reporter Christine Haughney observes, the experimental venture by Globe publisher Christopher Mayer has already paid off in the form of a partnership with Michael Morisy, the co-founder of the public-records website MuckRock.

Dominating the space is the Idea Lab, where a small group of smart young people try out new ideas, such as different approaches to tracking Globe stories on social media and a wall-size group of screens that plots Instagram photos on a map of Boston. The latter ended up playing a role in the Globe’s recent interactive series on life in the Bowdoin-Geneva neighborhood of Dorchester, “68 Blocks: Life, Death, Hope.”

I’ve brought several groups of students to tour the Idea Lab. For anyone interested in the future of journalism, it’s one of the most interesting places you can visit.

Photo © 2012 by Megan Lieberman and used by permission.

Sununu blasts MIT and Carmen Ortiz in Swartz case

It’s interesting that even a conservative like John E. Sununu is disgusted with the actions of MIT and U.S. Attorney Carmen Ortiz regarding their investigation of the late Internet democracy activist Aaron Swartz.

Sununu, an MIT graduate with some serious basketball moves, writes in The Boston Globe that Swartz was charged criminally for behavior that in an earlier time might have been considered no more serious than any one of a number of pranks for which the university is known. The whole thing, he says, should have been handled in house:

Whereas the institute once would have taken pains to find an appropriate and internal resolution to violations of regulations — and even laws — within its campus, it chose to defer to others. That reaction isn’t unique to MIT, but rather a reflection of gradual changes in accepted cultural and government behavior over the past 20 years. Today, regulators and prosecutors regularly use their power to impose agreements, plea bargains, and consent decrees with little judicial review. They threaten the maximum penalty allowable — regardless of whether a rational mind would consider it fitting for the infraction — in order to gain an outcome that enhances their stature or pleases their political base.

Meanwhile, Noam Cohen of The New York Times takes a detailed look at how MIT caught Swartz, who downloaded nearly 5 million academic articles from the JSTOR subscription service without authorization.