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October 27, 2008 10:00 PM PDT

'Series of tubes' senator convicted of corruption

by Declan McCullagh
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Until Monday, Sen. Ted Stevens was best known in technology circles for his "series of tubes" analogy. Now he'll be known for his jury conviction on corruption charges.

A federal jury in Washington, D.C., convicted the Alaska Republican of all seven charges of accepting gifts and home renovations from a wealthy oil contractor and then lying about them on official documents.

Sen. Ted Stevens has been found guilty on all counts in a corruption case.

(Credit: U.S. Senate)

Stevens is running for re-election next week. Because it's too late for the Republican Party to remove his name from the ballot and because it's not terribly likely that Alaskans will vote for a convicted felon, Stevens' conviction will aid the Democrats in assembling a filibuster-proof Senate majority. (They're also hoping to pick up seats in races in Virginia, New Mexico, Colorado, New Hampshire, and Minnesota.)

The irony is that Stevens' famous analogy of a "series of tubes" was an entirely reasonable one. Electrical engineers have long used the analogy of pipes and tubes to explain voltage (water pressure) and current (gallons per second). The Unix operating system and its progeny use the term "pipes" to describe interprocess communications.

Similarly, Internet engineers on discussion groups as august as Nanog regularly toss around terms like "fat long pipes." And an Internet RFC from as long ago as 1989 refers to "filling the pipe" so "that the sender of data can always put data onto the network." The word "tubes" has been used in antispam discussions years before anyone outside of Washington, D.C., heard of Stevens. And Princeton computer science Professor Ed Felten, to his credit, noted that the anti-Stevens criticism "seems a bit unfair."

What turned Stevens into an Internet laughingstock was twofold: 1. An especially inept invocation of the "pipes" or "tubes" analogy. His additional "it's not a big truck" improvisation didn't help. 2. The fact that he dared to use the analogy to assail politically popular Net neutrality regulations. (If he had used it to call for such rules, you can be sure that the online chortling would have been muted or nonexistent.)

But poking fun at the senator, who is also known for his tantrums over the "Bridge to Nowhere," misses the chance to critique actual legislative failings. Here are some of them:

• Like vice presidential candidate Joe Biden, Stevens has been a fast friend of Hollywood's content industries. Stevens said at one hearing that a broadcast flag was necessary to curb Internet piracy of TV shows. "It is a subject that requires an act of Congress, in my opinion," he said.

• Stevens co-sponsored, along with Democratic senator Ernest Hollings, what's probably the most ill-conceived technology bill in recent memory (and that's saying something). It was called the Consumer Broadband and Digital Television Promotion Act and would require practically any hardware or software to include embedded copy-protection technology.

• Stevens used his position as chairman of the Senate committee that writes Internet regulations to call for a crackdown on perfectly legal online porn depicting consenting adults. "My advice is you tell your clients they better do it soon, because we'll mandate it if they don't," Stevens informed a representative of the adult entertainment industry.

• Stevens was no foe of Internet taxes. In 2006, he wanted to expand existing taxes on telephone systems to include all "communications" services, whatever that means. "I believe fax is a communication, I think e-mail is a communication, and I do believe they all should contribute," he said. Undaunted, Stevens suggested that idea again the following year.

• In 2005, Stevens was the senator who seemed to call for resurrecting the justly reviled Communications Decency Act. "We ought to find some way to say, 'Here is a block of channels--whether it's delivered by broadband, by VoIP, by whatever it is--to a home that is clear of the stuff you don't want your children to see,'" he told reporters at the time, later saying he was referring to regulatory "tiers" like the movie "rating system."

• Stevens also supported an ostensibly anti-phishing bill called the Anti-Phishing Consumer Protection Act. Earlier this year, the Electronic Frontier Foundation described it as "a bill that would expand trademark law, limit consumer access to information about competitive products, and eviscerate key protections for anonymous speech."

As CNET's 2006 tech voter guide shows, Stevens voted for the Communications Decency Act, the Digital Millennium Copyright Act, the Real ID Act--and against an effort to keep the Internet tax-free. He scored an unremarkable 53 percent overall on tech-friendly votes in Congress.

Such stances cement Stevens' true technology legacy. Sadly, the "tubes" metaphor is one of the few ventures into Internet policy he got halfway right.

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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Add a Comment (Log in or register) (13 Comments)
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by michaelo1966 October 28, 2008 6:33 AM PDT
There goes Declan defending Republicans again. It WAS entirely reasonable for Al Gore to say he took the initiative in inventing the Internet because he served on a key Congressional committee to fund it when Republicans wanted to kill it off, like they did the Apollo space program. It WAS NOT at all reasonable for Republican Felon Stevens to call a computer network a series of tubes. Declan's "stories" should really be clearly labeled opinion w/ a strong disclaimer on them. There's nothing wrong w/ opinion pieces but real news organizations are careful not to co-mingle editorial and commentary.
Reply to this comment
by DeeWilly October 28, 2008 7:27 AM PDT
Oh, there goes michaelo1966 defending democrats once again. What a bunch of bunkum!
by declan00 October 28, 2008 8:30 AM PDT
Here's my take on Al Gore and the Internet (and John McCain on the Blackberry):
http://news.cnet.com/8301-13578_3-10043126-38.html

If you think that an article that points out what I call Ted Stevens' many "legislative failings" is somehow a defense of Republicans, you're deeply confused (and probably need classes in remedial reading comprehension).
by mpitogo October 28, 2008 7:31 AM PDT
Thank god he's now convicted.
Reply to this comment
by Kwasiowusu October 28, 2008 7:58 AM PDT
Where was the CNET article when Democrat William Jefferson was found with a staggering $100,000 in bribe money in his fridge ny no less an authority than the FBI?
When Democratic Party Congressman William Jefferson Indicted by the DOJ On Bribery, Racketeering, Money Laundering, Obstruction of Justice, and Related Charges, and every kind of sleaze known to man, I didn't see see any articles here about it.
http://www.usdoj.gov/opa/pr/2007/June/07_crm_402.html

Normal liberal media carrying water for the Democrats?
Reply to this comment
by The_Decider October 28, 2008 8:21 AM PDT
"liberal media" is a myth.

Stevens is somewhat tech related, is Jefferson?
by Kwasiowusu October 28, 2008 12:10 PM PDT
@ The_Decider , "somewhat tech related" huh?
Now that's a funny one.
The only reason CNET/CBS is running with this story on this site is because Stevens is a Republican.
There is another story hitting the wires just today about a super corrupt Democratic Party congresswoman, which the liberal media have been very careful NOT to highlight.

Feds arrest Mass. senator on corruption charges

http://ap.google.com/article/ALeqM5iryBx-trWVGPXKX-gSow6HBi0mQQD943KEIG0
by RainCaster October 28, 2008 8:09 AM PDT
It was obvious to any thinking patriot that this man was "on the take" when he refused to have oil executives sworn in as they testified before the Senate two years ago about oil price fixing. Today, Ted Stevens remains defiant and unrepentant- as though it is his right to not pay for all the extra priveleges he has enjoyed through the years.

Just watch- he will get a small sentence (if any), and then Bush will pardon that crook as a parting shot to us all. Oh yeah- and the people of the "great state of Alaska" wil probably reelect him, because they love all the hyper-expensive pork he has brought home for them.
Reply to this comment
by JM_Brazil October 28, 2008 8:40 AM PDT
On the contrary. Rep. felon Stevens is an ******, and Declan did a great job pointing out some of the reasons why. Thanks Declan for an as-usually very well written editorial.
Reply to this comment
by zeroplane October 28, 2008 9:26 AM PDT
Democrat / Republican, it is all the same to me, they are politicians and to me a politician is analogous to a self-serving ,corrupt corporate tool. From what I have seen after studying over 150 years of American history is Government = Organized Crime sanctioned by the people, against the people.
Reply to this comment
by Kwasiowusu October 28, 2008 12:17 PM PDT
CNET might try covering this story about a super sleazy, corrupt Democratic Party congresswoman, Dianne Wilkerson, that was arrested by the Feds just TODAY and charged with accepting $23,500 in bribes from undercover agents she believed were local businessmen.
She was also recorded by audio and videotape accepting bribes in exchange for helping a proposed nightclub in her district get a liquor license.
Plus just Just last week, the state Bar Counsel filed a complaint against Wilkerson accusing her of lying under oath in an effort to overturn her nephew's voluntary manslaughter conviction.

http://ap.google.com/article/ALeqM5iryBx-trWVGPXKX-gSow6HBi0mQQD943KEIG0
Reply to this comment
by emdoorman October 30, 2008 7:49 AM PDT
My comment is on the issue of online porn-- Governors and Senators, if you want to protect kids online work with the ISPs to heavily penalize porn companies that use porn traps to catch unsuspecting children, teens and adults. These companies that buy URLs related to sites that are not porn and turn them into porn portals should be prosecuted for child endangerment or corruption of a minor. In a country where convenience stores are prosecuted for not checking ID before selling cigarettes, pedalling porn to minors goes unchecked-- our kids and our society deserves better.

I think it's time government stops beating it's head against the wall and realizes that online porn is not going anywhere but up! The key here is to educate parents on effectively making their home computers a safe place to surf, for themselves and their kids. As co-founder of My Internet Doorman, a company taking a new approach to block porn and filter the internet, we maintain a Free Public Service Site with resource to help parents talk to their kids and ensure that their home is not a porn trap. In addition to educational resources we also offer a fully managed internet filter service that blocks porn more accurately than traditional filters. In 2004 a panel of clinicians and researches presented recommendations to a congressional panel regarding internet porn and porn addiction-- nothing has been done.

Ed Mendoza - www.MyInternetDoorman.com
Reply to this comment
by JM_Brazil October 30, 2008 10:25 AM PDT
Thanks Ed, good to know.
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