July 23, 2007 1:39 PM PDT

Sen. Kerry wants to ban Internet images of dog fighting

by Declan McCullagh
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It's time to add onetime presidential hopeful John Kerry to the long list of politicians who have scant understanding of free speech and the Internet.

Kerry, a Massachusetts Democrat, said in a press release on Friday that he wants to make it "illegal to transmit images of dog fighting, to run websites that cater to dog fighting."

Sen. Kerry wants to outlaw the 'transmission' of this image over the Internet

(Credit: copyright-free-pictures.org.uk)

Such a law could, of course, imperil news organizations and animal rights Web sites that "transmit images of dog fighting" as part of reporting on or, alternatively, condemning the practice. It could even make this article, which includes a photograph of dogs fighting, illegal.

Thanks a lot, senator.

Now we should say at this point that we're hardly fans of dog fighting, which is a brutal, bloody, and awful practice.

But neither are we fans of Washington politicians who fasten firmly onto a topic, like lamprey eels, immediately after it hits the headlines. As far as we can tell, Kerry is no longtime, principled opponent of dogfights: a Web search shows his first press release on the topic appeared two days after NFL star Michael Vick's indictment on dog fighting charges hit the news last week. Kerry, of course, has been in the U.S. Senate since 1985.

It's true that dogfighting is illegal in every state, at least according to the Humane Society of the United States. And a recently amended federal law already bans interstate transport of any animal used in a "fighting venture."

But just because an act is illegal doesn't mean that photographs of it should be. Photographs of murders appear in documentaries and in news articles. Images of the My Lai massacre, in which U.S. soldiers slaughtered unarmed Vietnamese civilians, helped to end the Vietnam war. Should photographs of a college student using peer-to-peer networks to trade copyrighted files--a federal crime, no joke--be outlawed by the U.S. Congress as well?

Now, we recognize that the senator from Massachusetts could probably write legislation in such a way that would get a thumbs-up from the Supreme Court and not create another gaping hole in the First Amendment's shield protecting Americans from government censorship. (Something like: "No person, in order to promote a dog fighting event that is prohibited under state or federal law, shall knowingly post on the Internet videos showing dogs fighting at an organized match or competition...")

But Kerry's self-congratulatory press release gave no sign that he intended his harebrained scheme to be limited that way, and not giving politicians more credit for constitutional intelligence than they actually deserve should be a tenet of all political reporting.

Kerry, by the way, received a remarkably poor grade of just 15 out of 100 possible points in CNET News.com's 2006 Technology Voter Guide. That's in part because of his dogged support for other censorial measures over the years, including the unconstitutional Communications Decency Act, the Digital Millennium Copyright Act's "anti-circumvention" rules, and to place Internet filters in schools and libraries. At least he's consistent.

We should note, to avoid charges of partisan bias, that Kerryesque censor-happy proposals are hardly limited to Democrats. The Bush administration is no champion of civil liberties, and Republican politicians have recently floated ideas like forcing Web sites to report illegal images, requiring Internet providers to keep records on their users' activities and demanding that naughty Web sites be labeled.

Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.
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Harebrained or hairbrained
by Pete Bardo July 23, 2007 2:28 PM PDT
I've wondered about this phrase. Harebrained would seemingly equate a person's brain to the size of a hare's brain. That's pretty small.

On the other hand, hairbrained would equate the person's brain to the size of a hair. In John Kerry's case, the latter would certainly seem appropriate. Never mind that it isn't in the dictionary!

Typical American politician. The quick fix to all of our problems seems rooted in the limitation of our freedom.
Reply to this comment
not typical of every
by rjpotts July 23, 2007 3:44 PM PDT
polotician just liberals.

He's probably afraid that he's going to show up in one of those
pictures and damage his campaign.
View reply
internet easier to track ...
by Kalama July 23, 2007 2:40 PM PDT
My grand-dad is turning in his grave over this one. The activity of dog fighting IS despicable, to say the least. And other activities may well become such.

But, the good Senator is barking up the wrong tree on this one ... 'nough said.
Reply to this comment
Politicians!
by billmosby July 23, 2007 4:05 PM PDT
This is the kind of politician my father (I mean Founding Fathers)
warned me about. They're all compulsive little fascists at heart,
aren't they!
Reply to this comment
Kerry wants to Ban dog lpictures
by JamesFeinstein July 23, 2007 4:27 PM PDT
Another example of Kerry's thinking process. Who the hell put this jerk into office? He may be a billionair but he is short on rational , common sence thinking. This guy like all the Democrsts needs to be put on a slow boat to China and half way over, sink the boat to give this jerk a feeling of what its like to be an idiot, who thinks he is intelligent.

Americans need to unite and get theae Democrat idiots out of office. That goes for the Republican jerks also.
Reply to this comment
rebuttal
by Dalkorian July 24, 2007 10:32 AM PDT
JamesFeinstein used very little thought power to produce this
comment:

"Another example of Kerry's thinking process. Who the hell put
this jerk into office? He may be a billionair but he is short on
rational , common sence thinking. This guy like all the
Democrsts needs to be put on a slow boat to China and half way
over, sink the boat to give this jerk a feeling of what its like to
be an idiot, who thinks he is intelligent."

Think Iraq, Afghanistan, Pakistan and Al Qaida, and what years
of war has given us (hint: many dead, terrorism thriving) ...

Another example of Bush's thinking process. Who the hell put
this jerk into office? He may be a billionare but he is short on
rational , common sense thinking. This guy like all the
Republicans needs to be put on a slow boat to China and half
way over, sink the boat to give this jerk a feeling of what its like
to be an idiot, who thinks he is intelligent.

See? Does it seem like a good idea to pull polarizing political BS
on us when we have a terrorist supporting nazi moron running
the White House and trying desparately to burn the constitution
to the ground?

Kerry is wrong on this point, not Democrats.
john kerry
by TOYOMAN115 July 23, 2007 5:43 PM PDT
typical liberal position - ban fighting dogs but it's ok for porn. With
all the problems we face in this country and all the issues we need
to resolve - Sen Kerry is focused on dog fighting. Perhaps we need
to ban Sen Kerry.
Reply to this comment
Sounds good to me
by rjpotts July 23, 2007 7:12 PM PDT
I'll vote for that!!
illegal activity- like dog fighting merrits a ban.
by second edition July 23, 2007 8:57 PM PDT
Child pornography is illegal also, do you think pictures of children displayed in a sexual way should be allowed on the internet too? Images and videos of dog fighting leave the impression that it is ok to treat dogs in this manner, the same goes for pronography of children.
Sorry, I don't buy into your rational. I am willing to give up a little freedom if it protects the innocent and discourages discusting activities. Count me on the side of Senator Kerry, at least he is addressing this issue as he has child pronography on the web.
Reply to this comment
The CP defense
by JadedGamer July 24, 2007 2:14 AM PDT
Ah, didn't take long for the "child porn is illegal so this should be illegal" defense cropped up.

Maybe all news should be text only? No illustrations that might depict illegal activities. But since more and more countries outlaw not only child porn photographs but also drawings and text, should we ban crime literature as a whole? Can you write about crimes? Do you have to wait until the perpetrator has been caught and convicted so as not to give the impression that criminals get away?

"I am willing to give up a little freedom" - it STARTS with "a little". It ALWAYS starts with " a little".

You could start with banning actual crime-inducing media like those police chase shows on TV that make people try and get fifteen minutes of fame while they wreck property and endanger passers-by...
View reply
No, not the same at all
by lynxss July 24, 2007 10:14 AM PDT
Yes producing cp is illegal, but also the mere act of having it in your posession is also illegal, much like drugs. As far as I know owning pictures or videos depicting dog fighting are not illegal, otherwise the millions of people who have a copy of the Brad Pitt movie Snatch would have to be thrown in jail. What next, ban Animal Planet because they show images of wolves and dingos fighting for dominance?

Your argument is flawed, the definition of porn is: explicit writings, photographs and video. So yes banning child pornography does include banning the images because thats what it is. Dog fighting, on the otherhand, is a vicious physical act and rightfully should be banned, but is a picture of dogs fighting the same as the act? I dont think so, otherwise a picture of a illegal weapon would be the same as owning it, or a picture of drugs the same as using them.
just shows voter ignorance
by jfvb1225 July 24, 2007 6:47 AM PDT
A very short time ago this ignorant Senator nearly became President. It just goes to show that the real lack of intelligence is firmly rooted in the brains of the voters in this country. How many "Kerry - Edwards" bumper stickers have you seen lately? Stupid is as stupid does.
Reply to this comment
Any ingnorance is on the part of those supporting this cruelty.
by second edition July 24, 2007 9:30 AM PDT
I supported Senator Kerry presidential run in 04 and I would have backed his again if he ran in 08. I do not consider myself an ignorant voter. I knew the record and accomplishments of the man I was voting for. I also knew what a failure the current occupant of the White House was. I believe Senator Kerry and all of those voters who voted for him had President Bush pegged correctly. Imagine how much better off we would all be now if President Bush's supporters had taken the steps necessary to educate themselves about his life, achievements and failures.We would have true leadership in the White House. To suggest that Senator Kerry's leadership and lifelong achievements are not worthy of acknowledgement or his dedication to this country not worthy of recognition just shows how much you need to learn. Disagreeing with a postion is understandable, attacking someone in a persoanal and childish way to make your point, shows your ignornace.
Sen. kerry
by Cwadsgo July 24, 2007 7:33 PM PDT
sen. kerry is a FOOL
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