racoma.com.phJ. Angelo Racoma on technology, economics, writing, problogging, and getting things done

Yesterday I put up a short commentary about the Boy Bastos (literally translates to lewd boy or rude boy, depending on context) issue. I just breezed through the links, and didn’t really read in-depth. I’ve decided to revisit this issue, with a more objective perspective.

Let me highlight the press release published in the Philippine Senate’s official website.

Sure, the press release itself is lacking, in terms of having a grasp of the actual concepts behind the sites and applications involved. For instance, the Boy Bastos site was referred to as providing “access to a YouTube,” (emphasis mine) as if YouTube were an object itself. However, the ratonale behind the whole thing is noble, I would think (if a bit misguided).

Senator Loren Legarda is known to be a staunch advocate of women’s rights. And it is for this reason, among others, I believe, that she is popular among her constituents (she topped in the Senate elections in 2001 and 2007). True enough I, for one, would definitely want to protect my wife and kids from the dangers that lurk around the corner. And I’m pretty sure other people would feel this way.

Legarda is author of Senate Bill 1375, the proposed Anti-Computer Pornography Act, which seeks to reinforce the war on electronic smut.

Under the bill, peddlers of online porn and other “indecent materials” would be punished with up to six years in prison or a fine of as much as P500,000, or both.

The bill provides that it would be illegal for any remote computer facility operator, electronic service provider or electronic bulletin board service provider to knowingly transmit, offer or attempt to send any communication that contains indecent material, to a person under 18 years of age.

It would also be unlawful for them “to allow access to transmit indecent material to a minor.”

However, in terms of proposing legislation, the Internet is a difficult thing to handle. It’s like a two-pronged tongue. It’s like beauty and the beast in the same person (or Jekyll and Hyde?).

The Internet is a powerful tool and medium that espouses and personifies freedom of information. This is freedom both as in free beer and freedom as in free speech. This means information is both free to get, and free for you to disseminate and distribute, as you please.

So with the Internet, the flow of information is largely unrestricted. People exchange ideas freely. People communicate faster. This is the very reason that some regimes try to curb, censor and even ban this medium—for the very reason that they fear dissent among their citizens. In most cases, the Internet still prevails.

However, along with the beauty of freedom comes the ugly side (which is also a profitable side, depending on your perspective). Pornography has been known to be a driver of technology, and along with the freedom of information that the Internet gives us is also the freedom to transmit less desirable content and information (again, desirability is subjective).

So the question now is how to combat the evils brought about by this new medium, like exploitation of women, children, and individuals in general, but still keeping in mind that the Internet is a different animal that cannot be contained by space.

Here’s what I propose

• Educate your kids on the dangers of the Internet. Teach them not to share personal and private information online. Teach them not to haphazardly post photographs online. Teach them to only talk to trusted people online. Teach them to be responsible with what they read and watch online.
• Educate parents (most important!). Teach them how to use the Internet themselves; I’m aware most kids today are more tech-savvy than their folks. Teach parents about the benefits and the dangers of the online world. Teach them how to cope with the dangers, without necessarily having to curtail their children’s freedoms.
• Educate lawmakers, law enforcers and their staff. Teach them how to handle the Internet as an entity. It cannot be contained by space or geography. Unless data itself resides on servers within a country’s soil, it may be difficult to prosecute within one’s jurisdiction. Help them keep up to date with the trends and issues.
• Teach lawmakers and law enforcers how to handle the Internet as a medium. Can ISPs be held liable for serving access to pirated content? What about pornographic content? Can social media apps be held liable for questionable content that its users upload? Can blogs be liable for comments made by readers? It’s just like blaming the telephone company when you receive undesirable messages like death threats.
• Teach respect. Earn respect.
• Actively promote productive use of the Internet as a medium.

I would think the best way to keep people from engaging in illicit activities (crime, immorality, etc.) is to effect changes from within. Society’s ills cannot be solved by imposing expectations without first ensuring that the people’s attitudes are in tune with what society thinks is right. This would be unrealistic.

I think there are two ways by which you can make people follow you. One is if they fear you, and another is if they love you. Imposing a reign of fear will sure curb or minimize whatever undesirable acts, but this will only foster dissent (and deep down inside, people will want to disobey). Focus on the positive, and people will do what you think is right because they also think it is right.

If you try to impose filters on your home computer or network, so that your teenaged sons cannot access porn, they will only find workarounds and get access to these through other means. Perhaps they can tunnel through proxies. Perhaps they can turn off the filters themselves. Perhaps they can still gain access at a friend’s place, or a public terminal. Or maybe they can get hard copies of lewd magazines pretending to be men’s lifestyle mags). But if you help them learn about the sacredness of sex and the beauty of the human body (of course, in an interesting and non-boring way), I don’t think they will resort to pornography.

Same goes with your daughters. Teach them to be confident with themselves and to be smart, and they will be less likely taken advantage of (by the teenaged boys whose parents impose filters and restrictions ).

Why they need people like us

And so folks, here’s the reason why our country—and those in power—need people like us. We are well-versed with new media like social media, blogging, podcasting, Web 2.(insert number here). And we are well aware of the potentials of the Internet as a medium, both for good and for bad. It is our responsibility to use this medium for good, and to guide our fellow citizens in using this medium in a productive manner.

So whichever side of the issue you stand on, I think you would agree with me on this.

The only freedom that is of enduring importance is the freedom of intelligence, that is to say, freedom of observation and of judgment, exercised in behalf of purposes that are intrinsically worth while. The commonest mistake made about freedom is, I think, to identify it with freedom of movement, or, with the external or physical side of activity. – John Dewey

The Boy Bastos issue:

• A bugged life
• Bayanihan Blogs
• GMA News
• The Senate press release

It’s obviously just a case of clashing personalities. I doubt if there will be any basis to charging Mr. Boy Bastos in our legal courts, aside from the potentially libelous inclusion of a certain senator’s name on the boybastos.com domain registration info.

I also doubt Mr. Mark Verzo himself produces the pornographic content on his website. And in all likelihood, his web host is located off-shore (in US soil, perhaps?). So does the Philippine legal system have jurisdiction? I’m not sure. I haven’t checked the e-commerce act lately. But I would think that references to geographic location of data would be murky at best. We are, after all, still in the stone age of information technology.

(Why Stone Age? Think of the ZTE broadband deal. Incidentally, having worked in government for three years, I’m aware that the current administration has “fast-tracked” some deals with the Chinese government for some ODA projects. So that means even with government checks and balances, it only takes just a word from the higher-ups to get people to “approve” projects. So gov’t reviews and negotiations just become ministerial, in effect.).

It’s the intarwebs people! Web 2.0! User-submitted content. I wonder what the authorities will book Mr. Verzo with. And I wonder why they had to confiscate equipment (maybe they can charge him with running pirated software?).

Remember the Netopia lobby to censor the Internet? What about the congressman who blamed porn proliferation on 3G and broadband?

We need new blood in government. Maybe I’ll run in the next elections.

Update: Second thoughts on Boy Bastos (and Why Government needs people like us).

Close to a decade ago, several of my dad’s high school friends who migrated to the US came home to the Philippines for a reunion of sorts. They were here to introduce a new web-based business system they were part of, called SkyBiz. This was actually a multi-level marketing system for selling web space and web builder packages (remember, that was the late 1990’s; think Web 0.9). We bought in, thinking of the great opportunities. I was, after all, techie-oriented. Dad was business-minded (ten years after, we’re a little of both!).

It turned out the business was a scam—a classic pyramid scam. True, a great number of MLM and direct-selling based businesses are legitimate (and big business worldwide), but this was just not one of them.

Distribution of $20 million dollars in consumer redress will begin in the near future for victims of SkyBiz, an alleged massive international pyramid operation based in Tulsa, Oklahoma. The money for consumer redress is part of a settlement between the pyramid’s promoters and the Federal Trade Commission, which charged that their scheme violated federal laws. The settlement also bars the defendants from participating in pyramid schemes in the future, and bars them from misrepresenting business ventures. It bars one defendant from engaging in any multilevel marketing programs for life and bars three others from engaging in multilevel marketing programs in the for periods ranging from seven to 22 years.

I had actually forgotten about this for a few years, until I got curious about my online dealings in the past and Googled up a handful of names I could remember. SkyBiz was one of them. And the first few results were about the class action suit for SkyBiz. So I signed up. I couldn’t remember our actual account numbers and names, but the people over at the law firm were glad to help us get our needed information (we gave our full names, addresses, telephone numbers at that time, and the few keywords we recalled from our account names).

I then shelved the idea of receiving funds from them since we were advised it might take long to process.

So I was surprised to receive email just a few minutes ago that the SkyBiz Redress program was already sending out funds in the form of Mastercard debit cards. I’m not expecting a big amount, but the thought of justice being served, and that we were part of some benefits package, is comforting. I’m thinking the refund amount would at least cover for some hosting/domain expenses, and hopefully a full tank (or two) of gas!

But it’s in US Dollars, so I do hope establishments here won’t have a problem processing transactions with the card. Nonetheless, I do hope we get our cards soon!

My brother B.A. ran into some persistent callers a few months back, and he found out these callers were part of MLM business trying to recruit him. I advised him that there are legit MLM businesses, and I’ve actually tried these (another company, not SkyBiz), and there are scams. I posted a couple of comments because the comment thread had turned into a flamewar zone, I had to intervene (supposedly neutral, but hey I’m opinionated).

I quote a paragraph I wrote there. This is how I do business, the Web 2.0 way.

True, business almost always entails networking. But some people misconstrue “networking” to be the ol’ pyramid/binary type recruitment where you have to recruit at least two people, who would have to recruit two each and so forth. To me, networking means connecting to people, and connecting people. You don’t necessarily have to have business dealings with anyone. But the fact that you’re connecting–as friends, associates, business partners, colleagues–builds up your reputation and your network of people. You will almost always find people to help you out this way.

If any of you guys are part of the redress program, congrats! Tell me if you’ve received your gift cards already.

There’s a cabinet reshuffling over at the Blog Herald. My fellow problogger Abe Olandres has recently stepped down as Editor of the Blog Herald, and will be exchanging positions with Tony Hung, erstwhile Assistant Editor. Abe cites personal problems that prevent him from giving the Herald more attention at this time.

My recent personal issues/problems have slowed me down tremendously. A death in the family, legal troubles and more- all have piled up on me so quickly that I have been barely able to focus on my work. So I am glad that Tony accepted this role willingly and on such short notice. I will still be around, sometimes writing, but more on the back-end of things and I will continue to help Tony run the site. There’s still so much to do around here, as you know. Amongst other things, we’re getting a few more people into the writing team.

Abe tells me that he’s already spent so much because of the legal problems that it’s taking a toll on his finances. I’m not really sure I can discuss details of the case here, but believe me—it’s really quite stupid. Here’s how Abe describes it.

I run a fairly small start-up web hosting here in the Philippines. One of our former clients runs a forum that we used to host. Several members of that forum were throwing vindictives against a their former employer. That employer sent us a demand letter thru their law firm demanding that we terminate the site or be charged with libel as well. The client moved out from us the following day. However, the employer/complainant has now filed several libel law suits against us claiming that we are the owner of the domain and the operator of the site. The site is still up and running though hosted somewhere else, the domain was also transferred away from us. Still, the complainant is alleging we should have enforced some sort of regulations or control over the content when it was still with us.

Apparently, all they wanted is money and this case is just of one of their many business gigs.

If you ask me, I’d say that’s plain harassment. But you know how it is here in the Philippines. Corruption and inefficiency can be found in many parts of government (I should know, I was with government for quite some time). And the judicial system is probably not too prepared in handling such high tech cases yet. Court cases can take years to finish and in the end having to pay lawyers’ retainers, appearance fees and other miscellany (including suhol perhaps?) will be the real killer.

In line with this, some regular readers of the Herald suggested that we help out Abe with his expenses by setting up a legal fund. After all, this is a case where online publications are involved. And this could happen to any blogger (I’ve heard of bloggers in other countries being sued because of comments that readers have posted).

We’ve set up a Xoom link where you can send in funds: https://www.xoom.com/pay/26999757 . Xoom accepts any amount from $25 to $2,500. For smaller amounts, you can send paypal to theblogherald (at) gmail (dot) com.

Mark of Splashpress Media has also given an incentive to contributing:

Let’s try this: for the first 10 x $100 contributions made via the paypal that Angelo mentioned – theblogherald (at) gmail (dot) com – you’ll get a link in “friends” for the rest of 2007. Just specify the link & text you want with the payment.

It’s like an über-discounted advertising rate. But it’s better since you get to help out someone in the process.

We should show our support for Abe, and express outrage at how people can take advantage of individuals like this. In the end, it’s not just about the money. It’s about principle.