Skip to main content

First of all, those of you who don't know the tale of ErrinF, of "Delete my fucking account, Kos" fame, to whom my title pays a sort of tribute -- well, I don't even have to explain it because there will probably be plenty of explanation in the comments.  (Note to proprietors: I can't imagine that discussing ErrinF is verboten in these days of hatemailpalooza, but if it is please feel free to excise the bowdlerized word in the title and replace this paragraph with a pile of whatever you want.)

Anyway, I'm here today to talk about DuFi, or the Durbin-Feinstein amendment that Markos discussed today, which I propose be pronounced "doofy" -- because that's what it is.

DuFi -- I also put Durbin's name first to shame him, because I know from experience that trying to shame her is absolutely impossible -- is a proposal to take a new federal reporter's shield law covering people who engage in the acts of:

(I) conducting interviews;

(II) making direct observation of events; or

(III) collecting, reviewing, or analyzing original writings, statements, communications, reports, memoranda, records, transcripts, documents, photographs, recordings, tapes, materials, data, or other information whether in paper, electronic, or other form;

and change that last category it to cover only anyone who:

(iii) obtains the information sought while working as a salaried employee of, or independent contractor for, an entity—

 (I) that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means; and

 (II) that—

   (aa) publishes a newspaper, book, magazine, or other periodical;

   (bb) operates a radio or television broadcast station, network, cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier;

   (cc) operates a programming service; or

   (dd) operates a news agency or wire service;

while adding the proviso that the group protected

(D) does not include an individual who gathers or disseminates the protected information sought to be compelled anonymously or under a pseudonym.

I'd like to believe that Durbin joined the ride solely to convince DiFi to include something howlingly unconstitutional like that last provision, knowing that such unconstitutionality attracts DiFi like kittens to catnip.

But let's say that they pass it.  If they do, Markos is well situated to put the kibbosh on it himself.  Here's the plan.

(1) Anyone who plans to engages in online writing that would put them in a position to need to use the federal shield law should be able to sign up with Daily Kos as an independent contractor for annual compensation of ... ["Dr. Evil" pinky moves up to corner of mouth] ... one dollar.  This will require some fundraising, but not much.  So much for the proviso in "(iii)".

(2) Daily Kos shall continue to  "[disseminate] information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means."  I think "electronic" covers it, but "other means" could conceivably include LOLcats.  So we're OK under the provision in "(I)".

(3) Daily Kos shall public a book -- an e-book, in fact -- called "The Best of Daily Kos" once per year.  Proceeds from the e-book will be used to send people all those $1 payments by PayPal.  (Note: this is a good idea even if nothing else I suggest happens.)  Now Daily Kos qualifies under "(II)(aa)" as a book publisher.  And ... we're mediated, baby!  We're as mediariffic as anyone, by law!

(4) But there's that lousy provision (D), aiming and the pseudonymous and anonymous -- assuming it even makes sense grammatically, which it doesn't, but I'm sure that that will be fixed.  Well, there are Supreme Court cases the defend the right to engage in pseudonymous and anonymous speech -- I'll include some when I update, as it's getting on towards midnight eastern -- and political speech receives the highest protection, what with the Federalist Papers and revolutionary pamphleteers and all, so I truly doubt that this will be a problem.  But I think that, if need be, a court should decide that any anonymous or pseudonymous blogger can divulge their true identity to a judge, in camera and under seal, and thus gain the protection of this law.  That way, by construing the law narrowly, it avoids unnecessary constitutional interpretation and keeps Judge Kosinski happy.

If the bill passes, and Markos does this, I'll buy $100 worth of the e-books necessary for DKos to qualify as media.  But then I want my freaking dollar as an independent contractor, Kos!

DuFi -- just give it up.  You won't beat the blososphere.  We have the FSM and Ceiling Cat on our side!

Originally posted to Doane Spills on Wed Dec 02, 2009 at 08:59 PM PST.


If this bill passes, should Markos hire us as contractors?

59%25 votes
14%6 votes
2%1 votes
4%2 votes
19%8 votes

| 42 votes | Vote | Results

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site