|
|
Friday, January 20

Google Resists U.S. Subpoena of Search Data
by
salvador rosillo
on Fri 20 Jan 2006 03:54 PM EST
Jae C. Hong/Associated Press
Google says a Justice Department request for search records is overbroad and could expose identifying information about its users.
Published: January 20, 2006
SAN FRANCISCO, Jan. 19 - The Justice Department has asked a federal judge to compel Google, the Internet search giant, to turn over records on millions of its users' search queries as part of the government's effort to uphold an online pornography law.
Google has been refusing the request since a subpoena was first issued last August, even as three of its competitors agreed to provide information, according to court documents made public this week. Google asserts that the request is unnecessary, overly broad, would be onerous to comply with, would jeopardize its trade secrets and could expose identifying information about its users.
The dispute with Google comes as the government is moving aggressively on several fronts to obtain data on Internet activity to achieve its law enforcement goals, from domestic security to the prosecution of online crime. Under the antiterrorism law known as the USA Patriot Act, for example, the Justice Department has demanded records on library patrons' Internet use.
Those efforts have encountered resistance on privacy grounds.
The government's move in the Google case, however, is different in its aims. Rather than seeking data on individuals, it says it is trying to establish a profile of Internet use that will help it defend the Child Online Protection Act, a 1998 law that would impose tough criminal penalties on individuals whose Web sites carried material deemed harmful to minors.
The law has faced repeated legal challenges. Two years ago, the Supreme Court upheld an injunction blocking its enforcement, returning the case to a district court for further examination of Internet-filtering technology that might be an alternative in achieving the law's aims.
The government's motion to compel Google's compliance was filed on Wednesday in Federal District Court in San Jose, Calif., near Google's headquarters in Mountain View. The subpoena and the government's motion were reported on Thursday by The San Jose Mercury News.
In addition to records of a week of search queries, which could amount to billions of search terms, the Google subpoena seeks a random list of a million Web addresses in its index.
Charles Miller, a spokesman for the Justice Department, said on Thursday that three Google competitors in Internet search technology - America Online, Yahoo and MSN, Microsoft's online service - had complied with subpoenas in the case.
Mr. Miller declined to say exactly how the data would be used, but according to the government's filings, it would help estimate the prevalence of material that could be deemed harmful to minors and the effectiveness of filtering software. Opponents of the pornography law contend that filtering software could protect minors effectively enough to make the law unnecessary.
The government's motion calls for Google to surrender the information within 21 days of court approval.
Although the government has modified its demands since last year, Google said Thursday that it would continue to fight. "Google is not a party to this lawsuit, and their demand for information overreaches," said Nicole Wong, Google's associate general counsel, referring to government lawyers. "We intend to resist their motion vigorously."
Philip B. Stark, a statistics professor at the University of California, Berkeley, who was hired by the Justice Department to analyze search engine data in the case, said in legal documents that search engine data provided crucial insight into information on the Internet.
"Google is one of the most popular search engines," he wrote in a court document related to the case. Thus, he said, Google's databases of Web addresses and user searches "are directly relevant."
But Danny Sullivan, editor of SearchEngineWatch, an online industry newsletter, questioned the need for a subpoena. "Is this really something the government needs Google to help them with?" he said.
As for Google's rivals, MSN declined to speak directly to the case but released a statement saying it generally "works closely with law enforcement officials."
Mary Osako, a Yahoo spokeswoman, said the company complied with the subpoena "on a limited basis." And Andrew Weinstein, a spokesman for AOL, said that company gave the Justice Department a generic list of anonymous search terms from a one-day period.

Are You My Sperm Donor? Few Clinics Will Say
by
salvador rosillo
on Fri 20 Jan 2006 03:52 PM EST
Jim Wilson/The New York Times
A donor's eggs helped Stanley Hilton and Raquel Villalba conceive Lukas, Angelica and Carmen, back.
Monica Almeida/The New York Times
Marilyn Drake says she feels like an aunt to Raquel Villalba's triplets, who came from her eggs.
By AMY HARMON
Published: January 20, 2006
As soon as she gave birth to healthy triplets, Raquel Villalba knew she wanted them to meet the woman whose donated eggs had made it possible. The donor, Marilyn Drake, was just as eager to meet the babies.
But the fertility clinic did not think it was a good idea. Ms. Drake had grown "overly maternal," the counselor warned Ms. Villalba. Ms. Drake, in turn, was told that Ms. Villalba would blame her if anything went wrong with the triplets, so it was best to stay away.
Largely unregulated, fertility clinics have long operated under the assumption that preserving anonymity is best for all parties. But as the stigma of infertility fades, the secrecy of the process is coming under attack, both from parents like Ms. Villalba and from the growing number of adults who owe their lives to donors.
"I don't understand why these clinics are being so difficult," said Ms. Villalba, who finally prevailed on the clinic to let her contact Ms. Drake.
Critics say the industry's preference for anonymity allows it to escape accountability. How would anyone know if a sperm donor advertised as a Ph.D. who does not smoke is really a chain smoker with a high-school diploma, for instance? Or how many offspring a donor might have? With neither party in a position to verify the number, there may be little incentive for sperm banks to impose limits on their best sellers - whose offspring might number more than 100 - leaving children at risk of unwitting incest.
Many also complain that they are at the mercy of the fertility industry for important information - for instance, that a donor developed diabetes in later life - that might signal health risks. And some critics are pondering the larger question of whether anybody, having already decided that one's children will never know where they came from, has the right to bring them into the world. Many children born from donors are haunted by questions of identity, for which they blame companies that require anonymity as a condition of buying their sperm and eggs.
With ever more exotic reproductive technologies looming, like cloning and the engineering of traits like eye color and intelligence, some advocates for more regulation say there is a growing urgency to protect these children from what they call "genetic bewilderment." Guaranteeing children access to their genetic heritage, they say, could be the cornerstone of an industry ethics code.
"We need to get it right for donor conception," said Rebecca Hamilton, a law student at Harvard who created a documentary about searching for her donor father in New Zealand, "and use it as the basis for the million weird and wacky decisions coming our way."
The documentary helped rally support for a law there prohibiting anonymous donation. Several European countries have already begun to ban anonymous donation of genetic material. Britain, for instance, began requiring fertility clinics last April to register donor information, including names, in a database that offspring can view when they reach 18.
But those regulations have resulted in a steep decline in donors, which has made sperm banks and fertility clinics here more determined to oppose mandatory identity disclosure.
"If that was required, it would devastate the industry," said William W. Jaeger, vice president of the Fairfax Genetics & I.V.F. Institute in Virginia, one of the nation's largest fertility clinics, which routinely turns down offspring who ask if their donor might be open to contact. "The agreement we have is that the donor is forever anonymous."
Unlike adoption, which requires judicial action to create a relationship between the adoptive parent and child, parenthood via assisted reproductive technology is mediated entirely by the private agencies that supply the genetic material.
While the Food and Drug Administration requires donor agencies to screen for several communicable diseases, including H.I.V. and Creutzfeldt-Jakob disease, it has allowed the fertility industry to set its own rules regarding just about everything else. About 40,000 children are born each year through donor eggs and sperm, according to rough industry estimates.
Some fertility experts say they advocate anonymity to protect both donors and customers from being caught up in the murky issues of custody and liability. They point out that there is little established case law on the subject and that states interpret parental rights differently.

Google Video: Trash Mixed With Treasure
by
salvador rosillo
on Fri 20 Jan 2006 03:48 PM EST
Published: January 19, 2006
Google's video Web site offers a wide array of clips, ranging in quality from homemade to professional.
BY now, everybody knows that anything audio is eventually followed by something video. Radio first, then TV. Audio tape, then videotape. CD, then DVD. Music iPod, then video iPod.
Stuart Goldenberg
And then, of course, there's Apple's iTunes Music Store. The day it began selling videos, too, was the first time that cowering TV executives ever climbed down off of their kitchen tables and allowed somebody to use "TV show" and "Internet" in the same sentence. It was a small, timid test - only five TV series from one network at first, only in the United States, at low resolution and with copy protection - but it was a spectacular success. TV fans bought about eight million videos in the first three months of the service.
You don't sell that much of anything without attracting the attention of your rivals. At the Consumer Electronics Show two weeks ago, Yahoo, AOL, Microsoft and Google all announced new variations on the "download for a fee TV show" formula.
Only one of those ventures has already opened for business: Google Video (http://video.google.com).
Google's video store is a far less controlled experiment than Apple's. In fact, Google doesn't even call it a video store; it prefers "the first open video marketplace." Its big, Google-esque, democratic idea is that anyone, from the biggest TV network to the most talent-free camera-phone owner, is allowed to post videos for all the world to see - and to buy.
If it sounds a bit chaotic, you're right; Google Video's hallmark is its wild inconsistency. On iTunes, you always know what the price will be: $2 an episode. Every show is downloadable and transferable to an iPod. And you know the quality you're going to get: great color and clarity, professional production values, no ads.
AT Google's video emporium, on the other hand, anything goes. Some videos are copy-protected, others not. Some can be downloaded, others viewed only online. The resolution and production quality vary widely. Some have ads. Some offer a three-minute preview, others only 10 seconds. Some videos are free, some cost money. (The price can be anything; although the sell-your-own-video feature won't go live for a couple of weeks. Google keeps 30 percent.) This sort of anarchy isn't necessarily a bad thing. For example, it's empowering to think that you can post home movies of your baby or sophomoric "Star Wars" spoofs right alongside episodes of CBS shows and basketball reruns from the N.B.A.
But it's not necessarily a good thing, either. With inconsistency comes disappointment and frustration. Why is it that you can download a Charlie Rose talk show to have and to hold forever, but a "CSI" episode self-destructs after 24 hours?
The offerings break down into three basic categories. First, there's the commercial-TV stuff. CBS offers a strange assortment of 12 past and present series, including "Survivor: Guatemala" (15 episodes), "Star Trek: Voyager" (5), "MacGyver" (3) and "I Love Lucy" (15). The N.B.A. makes all its games available online 24 hours after they are played, for $4 each. Sony BMG offers 52 music videos for $2 each. (At the moment, an American credit card is required to buy videos.)
The second category is what you might call pseudo-commercial: third-tier, no-name, late-night, channel 900 stuff. You can buy movies like "Somewhere in Indiana"; how-to videos like "Rocki's Prenatal Yoga: Labor Preparation 2"; 38-minute movies, like "Adrenaline Rush," that were originally shown in Imax theaters; and concert videos like "Bacon Brothers: Live" (all $15 each).
Frankly, you'd have to be pretty desperate to shell out $15 to watch filler like this play in a window no bigger than a stretched-out Post-it Note (480 by 360 pixels), but there you are.
The final category is the amateur user-submitted material. A huge majority of it is unwatchable trash: home movies, homemade animations and that old Internet standby, the "making fun of incompetent dancers" video.
Yet among this tidal wave of junk, you'll also find some amazing, free, jaw-dropping caught-on-tape moments, those funny Web videos that are passed around by e-mail and eventually attain mythic status; Google Video keeps them in a category called Popular.
It's the same stuff you'll find on sites like youtube.com and stupidvideos.com: hilarious TV commercials that are too racy to show in the United States, clips that would fit right in with "America's Funniest Home Videos," and favorite snippets from network shows.
There is, in all of this, the seed of a great idea: a bustling marketplace, a chance for ordinary people with great ideas, luck or timing to make a little money from their video, while Google handles all the technical server gruntwork. Indeed, submitting a movie is very easy: you download a little uploading program (for Mac or Windows), choose the videos to send (there's no limit on length or size), and specify a price and whether or not you want your video to be copy-protected. Then, providing there's no nudity or sex, Google's human and software-based screeners will look over your video and, eventually, post it.

Tight Immigration Policy Hits Roadblock of Reality
by
salvador rosillo
on Fri 20 Jan 2006 03:33 PM EST

The Enigmas, the Oddities: What to Make of Dance From Japan
by
salvador rosillo
on Fri 20 Jan 2006 03:30 PM EST
By JOHN ROCKWELL
Published: January 20, 2006
Modern dance from Japan is much among us these days, ubiquitous and mysterious. One can try to understand it historically: how various more or less Western, more or less tradition-based dancers first made their marks in Europe in the 1920's; how German modern dance (for various not entirely savory reasons) was a big influence in the 20's and 30's; how Butoh, so clearly reflecting postwar and postnuclear trauma, has permeated the world; how American modern and postmodern dance have been the biggest outside influences in recent decades; and how the Japan Society in particular has served as an invaluable showcase for new Japanese dance in New York.
Or one can tiptoe into cultural stereotypes. The Japanese have always had an extraordinary ability to adapt foreign ideas and make them their own. They began with China 1,000 years ago and continued with the West after 1853. But through it all, something specifically Japanese remained.
For me, Japan is the most seductively alien of all foreign high cultures. There is something about its mixture of samurai masculinity and geisha docility, about the Ginza and punks and neon lights, about the controlled violence of Yukio Mishima's novels and the controlled Impressionism of Toru Takemitsu's music.
But that's a dangerous path to tread. Images of the German character propagated in holdovers from World War II propaganda argued that something buried deep in the German soul led inexorably to Nazism. Never mind that this was a classic case of working backward along the causational chain, and that maybe Hitler was not the only possible destiny of German history and culture.
Similar stereotypes abounded in anti-Japanese propaganda: the "Chrysanthemum and the Sword" syndrome, one might call it, to cite a book by Ruth Benedict (1946) that argued for an inherent tension between aesthetics and bellicosity in the Japanese character. In San Francisco in the late 1940's, there were still lingering fears of Japanese attacks and lingering hostilities based on cartoon Japanese distortions.
But maybe the best way to approach Japanese dance is neither historically nor stereotypically, but experientially. There are plenty of opportunities to see new Japanese dance now and to come to one's own conclusions as to what it all means.
Tonight and tomorrow, for instance, the Japan Society is presenting its ninth annual Japanese Contemporary Dance Showcase, with three United States debuts and two premieres. Not having yet seen these particular dancers, I can't speak to their quality. But I can recall and describe the varied Japanese dance I encountered last year. Almost all of it was engrossing.
Perhaps the two examples most striking in their Japaneseness were the Project Fukurow, seen last summer at Jacob's Pillow, and Kakuya Ohashi and Dancers at the Kitchen in September. Project Fukurow was notable for its diabolical puppets and machines, especially three miniature radio-controlled robots with monster jaws, tanklike bodies and wriggling, scythelike centipede legs. Designed by Fukurow Ishikawa, the company's director, these were ostensibly benign - or "not evil," as he called them. They looked evil to me, and the whole scenario of a protagonist helplessly under siege from the dark side of his own subconscious was pretty scary.
Mr. Ohashi's "dancers" consisted of himself and a bedraggled young woman named MiuMiu; live electric guitar sounds were provided by a young man named Skank. Supposedly reflecting the alienation of Tokyo today, their piece evoked anomie, isolation, the humiliation of women, the fixations of men. It was strange, off-putting and compelling.
Mr. Ohashi appeared on a double bill with the American choreographer Beth Gill; the program was organized by Yasuko Yokoshi, who seems a prime example of the lure of postmodernism and New York for Japanese choreographers today. Ms. Yokoshi will have her own program March 23 to 26 at Danspace Project at St. Mark's Church.
Eiko and Koma are quintessentially Japanese, and also longtime New York residents. Late last summer they participated in a quintuple bill of choreographers throwing dances together on short notice at the old Tobacco Warehouse in Dumbo, Brooklyn. They represent the always fascinating tension within Westernized Japanese artists as to how to come to terms with Japan's rich artistic tradition; the same tensions are faced by young Japanese composers and painters. Eiko and Koma's stock in trade is extreme slow motion, the grotesqueries of Butoh stretched to infinity, anguished and calm.
The other Japanese choreographers whose work I saw last year were all at the Japan Society. In February came the Condors, all men and all cute. Their routines involve them dressing like the young Beatles (onstage and in their Richard Lester-like films, shown during their performances) and acting out vaudevillian routines. They are very clever - the Hello Kitty side of the Japanese character - but they could profitably focus a little more on movement, at which they're also very skilled.
A program in May, presented in a series called "Cool Japan" and in conjunction with Takashi Murakami's brilliantly creepy "Little Boy" exhibition, consisted of three short performances, as well as a prelude in the lobby. Osamu Jareo and Misako Terada offered an implied narrative reminiscent of the hushed intimacies of recent Asian film. More disturbing (and hence, somehow, more Japanese) were Natsuko Tezuka, who put together a whole performance based on strange bodily tics and quivers and spasms, and Shigemi Kitamura, who deals with isolating body parts and a degree of oddness that builds to a screaming crescendo (yelling, flailing, hitching her skirt over her head).
And then in October came Akemi Takeya, who performed post-Butoh ritual, goofy skits and, at the end, a surreal piece called "Moon Moss Blossom" that involved bronze body makeup, toplessness, a brown hoop skirt and silhouettes. It was eerie and very beautiful.
So does this mean that all Japanese dancers, or the best and most characteristic ones, are rapt and strange, filtering (to Western eyes and ears) the masked impassivity of Noh and the puppetry of Bunraku and the extreme makeup and movements of Kabuki through a Western sensibility? Not exactly.
By now there are Japanese ballet dancers and Japanese tap dancers and Japanese ballroom dancers (see the original and superior 1996 Japanese version of the film "Shall We Dance?"). Perhaps there soon won't be, or there already isn't, a viable category of "Japanese dance" that can be described and categorized; perhaps all that will be left will be globalized individuals.
But as long as Japan retains its unique character, its potent blend of tradition and cutting-edge modernity, its natural beauty and urban flash, its isolation and guarded openness to the world, its computer games and manga and anime and woodcuts and meditational rock gardens, there will always be something recognizable as Japanese dance. And we'll all be better for it.
|