“Righteous:” Noah’s Ark’s Funding Woes

131204 Creation DinosaurThe Noah’s Ark Amusement Park plan may collapse by February because of funding woes.

A Kentucky theme park to be built around a full-scale replica of Noah’s Ark may sink unless investors purchase about $29 million in unrated municipal bonds by Feb. 6.

The northern Kentucky city of Williamstown in December issued taxable debt for affiliates of Answers in Genesis, a Christian nonprofit, data compiled by Bloomberg show.

Even though $26.5 million of securities have been sold, the project needs to sell at least $55 million in total to avoid triggering a redemption of all the bonds, Ken Ham, the nonprofit’s president, said in an e-mail to supporters yesterday. Without the proceeds, construction funding will fall short, he said.

“We still need those Ark supporters who weren’t able to purchase the Ark bonds at closing to prayerfully consider participating in a secondary bond delivery at the level they had indicated to us,” Ham said. “Will you please step out in faith with us?”

Proceeds are intended to help build a 510-foot (155.4-meter, or 300 cubit) wooden ship, the centerpiece of a planned biblical theme park called Ark Encounter.

I find the possibility that Noah’s Ark may go unfunded remarkable, given one of my favorite details from the affiliated Creation Museum.

As the picture above shows, the Creation people believe the dinosaurs marched onto the Ark along with all the other 2-by-2s. Somehow, that helps them prove the dinosaurs were killed in the Flood rather than killed off by natural selection or a meteor or climate change.*

But once you’ve got dinosaurs (and giraffes) on the Ark, you create another problem: the Ark must be veryvery big. I forget how big they said it was, but it was veryvery big (510 feet? That wouldn’t fit dinosaurs!).

131204 Creation Workers 1

And that creates another problem.

How did Noah and his family build such a veryvery big Ark by themselves?

One exhibit provides some possible answers, but doesn’t claim to know. God gave advance warning to Noah, you see, so maybe he and his sons really did build such a veryvery big Ark by themselves.

With ingenuity and very thorough planning, it is conceivable that Noah and his family could have built the ark without any help.

The exhibit went to the trouble of inventing another possible solution, complete with mannequins depicting it: labor.

On the other hand, his family did not have to build the ark alone. After centuries of righteous living, Noah may have been wealthy enough to hire shipbuilders. Paid workers may have been his audience, while Noah, a “preacher of righteousness,” warned them of the coming judgment. [my emphasis]

The Creation people didn’t consider another likely solution, if Noah had help, which is that he had slaves. Perhaps they didn’t consider it because it would conflict with another explanation the Museum offers, that only a distorted view of the Bible would justify slavery (implying too that the many societies that enslaved in the name of Christianity have nothing to do with the nice Creation people).

But even if Noah actually paid his workers, it seems, he would have been the kind of boss who lets his employees slave over building a veryvery big Ark for months and years, but then leaves them to die in a massive Flood right after they’ve built it.

You know? A “righteous” employer.

The other thing we learn from this exhibit, of course, is that righteous people get the money they need to build their Arks.


*No, I don’t understand how the Flood killed off the dinosaurs if they got on the Ark, as depicted in one of the dioramas at the museum prepping for the Ark Park. If they got on the Ark, wouldn’t they still be running around? Maybe Noah’s family ate them?

The Disturbingly Hollow Message of the Alan Turing Pardon

Famed World War II code breaker, and computer pioneer, Alan Turing has been pardoned by the British government. From the New York Times story:

Nearly 60 years after his death, Alan Turing, the British mathematician regarded as one of the central figures in the development of the computer, received a formal pardon from Queen Elizabeth II on Monday for his conviction in 1952 on charges of homosexuality, at the time a criminal offense in Britain.
….
The British prime minister, David Cameron, said in a statement: “His action saved countless lives. He also left a remarkable national legacy through his substantial scientific achievements, often being referred to as the ‘father of modern computing.’ ”

Mr. Turing committed suicide in 1954, two years after his conviction on charges of gross indecency.
….
When Mr. Turing was convicted in 1952, he was sentenced — as an alternative to prison — to chemical castration by a series of injections of female hormones. He also lost his security clearance because of the conviction. He committed suicide by eating an apple believed to have been laced with cyanide.

That is about as nice, concise and antiseptic a take as can be had on the matter. The truth, and scathing comment on society therein, is quite a bit darker and uglier.

As Alice Bell put it in the Guardian:

That Turing’s work helped win the war, and that it has had such a large social and economic impact beyond that, makes his treatment by the state especially embarrassing. But his life and his homosexuality are no more meaningful just because he was a genius we (perhaps despite ourselves) managed to benefit from. To use his work in computer science as a basis for this pardon seems to trivialise both the huge contribution of that work and, perhaps more importantly, the history of gay rights.

Right. But it is even darker than the common story of privilege and celebrity gaining advantage. That the pardon came nearly sixty years after Turing’s death in forced shame (whether by suicide or not), makes the pardon act almost sad and meaningless. It does nothing for Turing, at this point it is mostly a cute and happy Christmas feel good move for the British throne and government. The hollowness of the move at this point saps much of the joy.

The criminal charge Turing was convicted of was section 11 of the Criminal Law Amendment Act 1885. Turing was hardly an isolated case; we hear now about him only because of his celebrity. As David Allen Green relates, there were a LOT of others:

In practice, if the police obtained sufficient evidence they would normally prosecute, and the courts would then usually convict. In all there were an estimated 75,000 convictions under section 11 (and its successor offence in the Sexual Offences Act 1956). One of these convictions was of Oscar Wilde, who was sentenced in 1895 to two years’ hard labour (the “severest sentence that the law allows” remarked the judge). But, perhaps counter-intuitively, most of these prosecutions did not happen in the days of Victorian prudery, but in the two to three decades after 1931.

One of these prosecutions was to be of Turing.

And the pardon was not just meaningless to Turing because he was dead the date, lo some 59 years later, when it was issued, it was meaningless too because if Turing were still alive, the equivalent would had already been available by act of law. As David Allen Green further relates:

A recent statute – the Protection of Freedoms Act 2012 – provides a scheme where those who had been convicted of the section 11 offence (and similar offences) can apply for their entire criminal records to be removed if the facts of the case would no longer count as a crime. It would be as if the offence had not been committed at all. These are not pardons – they go much further: the 2012 scheme removes the taint of criminality altogether, and with no fussing about not affecting the conviction or the sentence.

But the 2012 scheme is only for those still alive.

Lastly, Green goes back to the “why only Turing” bit that ought to gnaw at all who celebrate the pardon today:

Turing’s conviction was just one of about 75,000 under a vindictive law. But here is no logical reason why his should be regarded as a unique case. The actual wrong done to Turing was also one done to many thousands of men, and so any righting of that wrong must apply to those men too.

If Alan Turing is to be pardoned then so should all men convicted under section 11 if the facts of their cases would not be a crime today. But a better posthumous gesture would be to simply extend the 2012 scheme to all those who are now dead. Removing the criminal records completely of all those prosecuted who would not be prosecuted today on the same facts would be a better legislative gesture than a single statutory pardon, if there is to be a legislative gesture at all.

Precisely. If you want to honor Turing, make right not just by him, but all those similarly situated. And there are a lot of such men in history. This supposedly benevolent act of the Queen and British government rings hollow and self serving, there is much more than one heroic man to atone for.

Lastly, I urge a full read of David Allen Green’s piece in the New Statesman. It is long and detailed, but truly tells the full tale that ought be told regarding the atrocious history of Alan Turing’s offense, conviction then, and disturbingly hollow pardon now. And, the beauty of it is, Green penned his piece over six months ago, long before today’s pardon came down.

GM’s New CEO: This Model Has Titanium Features

Mary Barra, CEO-General MotorsThe woman in the photo at the right has big titanium ovaries — not malleable brass or rusting iron. Do I know Mary Barra personally to attest to this fact? No. But I have a pretty damned good idea where GM’s new CEO has been, and it takes a pretty tough set of specifications to survive the road she’s traveled.

Like her I grew up in the I-75 corridor in Michigan, where much of the automotive industry’s OEM facilities and Tiers 1 through 3 suppliers could be found. Like her father, my father worked in the automotive business; if her household was like mine, there were copies of Car and Driver, Road & Track, machinist, tool-and-die, and metalforming magazines cluttering coffee tables or in dad’s man-cave. The smell of machine oil and the grit of metal chips are familiar, as are an ever-present collection of safety glasses, hearing protection, and greasy jumpsuits. Picture a garage like that in Clint Eastwood’s movie Gran Torino; I’ll lay good money her dad probably spent a lot of his free time between shifts in a home shop like that, and where she might have been found as well if he needed a hand or she needed a tool to fix something.

It was in her blood, I’m sure; I’ll bet she could taste it. I’m pretty certain this is why she went into engineering, and likely why she went to that particular private engineering school.

After working for a couple years as a high school engineering co-op student I had been accepted at the same school, but I went a different road, preferring business and then-nascent computing technology over engineering. My daughter, though, is at that school now. She could taste it, too; we have pictures of her at age nine, wearing safety glasses, proudly holding her first aluminum machined part. She’s the first person her dad asks for help when working on the cars at home.

I wish now I’d taken pictures of her the time she was so damned mad at her brother and his friend for accidentally breaking the sibling-shared PlayStation 2 console. She ripped it down, diagnosed it using internet research, fixed and reassembled it on her own in an afternoon.

Driven to identify and solve the problem — that’s what it takes to choose engineering as a career, particularly if you are a woman.

Sure, men too must be driven to pursue the same field, but they don’t face the hurdles that women faced then or even now, 30 years after General Motors’ new CEO first started college at the former General Motors Institute. Nobody ever questions a boy’s right to pursue engineering, or a man’s right to practice that discipline. Nobody ever questions the gender of a man with an engineering degree when he makes it to the pinnacle of the corporate ladder. Read more

Thanksgiving: Scarcity among Bounty

BountySome of you may have already grown tired of my tweets expressing awe that, rather than the 15 pound turkey I had ordered from our farmers, I came home Tuesday with a 21 pounder. They just didn’t have any smaller birds this year, it seems.

So there she is, our enormous bird, all slathered with bacon, also from Jill and Mary, far more than we need but enough that we’ll be enjoying (frozen) leftovers until summer.

It somehow feels appropriate that the turkeys are so big this year.

Last year, the farmers in Michigan — and those of us who purchase directly from them — seemed to reach Thanksgiving with a shocked worry. The summer of drought had devastated key Michigan crops, especially the state’s tart cherries. You couldn’t find Michigan pears and other orchard crops were similarly scarce. Meat farmers, even those who rely on local grains, had to cope with CAFOs from Indiana buying up all Michigan’s straw and grain; people thinned herds because there wasn’t enough food to make it through the winter. A number of the farmers we rely on seemed worried whether they would make it.

So while this year’s record floods brought new worries, when the crops all came in in order, and in great bounty, it was a relief. Fat Al Gore hadn’t done us in yet! I had enough tart cherries to dry and will still have MI pears in the fridge for several weeks yet. A local craft cider maker recently told me that scores of farmers with orchards of old, forgotten (but tasty!) apple varietals could save those orchards because they had a buyer for their boom harvest this year. And for Mr. EW and I, in the home we moved into the day before Thanksgiving last year, we’ve even still got green tomatoes, kale, and carrots from our garden.

Done BountyThe harvest was especially generous this year.

But I’m also acutely aware that so many Michiganders — my neighbors — enjoy little of that bounty. MI was in a depression before the economy crashed, and too many people have never recovered. Because our unemployment remains among the highest, Michiganders will have access, still, to somewhat extended unemployment benefits. But every one of those long-term unemployed represents a family that may never recover from financial setback. Add in the cuts to food stamps, and I worry that what Mother Nature has spared (thus far), our dysfunctional society has condemned to suffer.

And so as we sit down to our MI wine and turkey and bacon and brussel sprouts and spuds and sage-and-sunchoke-stuffing and cranberries and pumpkin pie and cream, I will be grateful for this year’s bounty. I will be thankful for the gifts my family provided me and the support and community our readers have given. I will be grateful for that enormous turkey.

But let’s remember those who face scarcity among the bounty.

Updated with pic of done turkey. Before the 7.5 pounds of leftovers, I mean.

 

50 Years: That Day, JFK and Today

UnknownWhere were you fifty years ago today? If you were old enough to remember at all, then you undoubtedly remember where you were on Friday November 22, 1963 at 12:30 pm central standard time.

I was at a desk, two from the rear, in the left most row, in Mrs. Hollingshead’s first grade class. Each kid had their own desk, and they were big, made out of solid wood and heavy. They had to be heavy, of course, because they were going to protect us when we ducked and covered from a Soviet nuclear strike. There were, as there were in most elementary school classrooms of the day, a large clock and a big speaker on the wall up above the teacher’s desk.

I can’t remember what subject we were working on, but the principal’s voice suddenly came over the loudspeaker. This alone meant there was something important up, because that only usually occurred for morning announcements at the start of the school day and for special occasions. The voice of Mr. Flake, the principal, was somber, halting and different; perhaps detached is the word. There was a prelude to the effect that this was a serious moment and that the teachers should make sure that all students were at their desks and that all, both young and old, were to pay attention.

There had occurred a tragic and shocking event that we all needed to know about. Our attention was required.

Then the hammer fell and our little world literally caved in.

President John Fitzgerald Kennedy had been assassinated. Shot and killed in Dallas Texas. Then without a moment’s pause, we were told that the nation was safe, Vice-President Johnson was in charge, the government was functioning and that we need not have any concerns about our own safety. We were not at war.

Twenty four some odd little hearts stopped, plus one from Mrs. Hollingshead. You could literally feel the life being sucked out of the room like air lost to a vacuum. Many of us began looking out the window, because no matter what Mr. Flake said, if our President was dead, we were at war and the warheads were coming. They had to be in the sky. They were going to be there.

Unlike the hokey color coded terror alerts, ginned up fear mongering of Bush/Cheney, Ashcroft and Ridge, and today the terroristic fearmongering of Keith Alexander, James Clapper, Mike Rogers and Dianne Feinstein, things were dead nuts serious at the height of the cold war. If President Kennedy had been killed, we were at war; the missiles were on their way. Had to be. Looking back, the school officials and teachers had to have been as devastated and afraid as we were, yet they were remarkable. They kept themselves in one piece, held us together, talked and comforted us into calm.

We had not been back in class from lunch break for long; it was still early afternoon in the west. Before the announcement was made, the decision by the school officials had been made to send us home. The busses would be lined up and ready to go in twenty minutes. Until then there would be a brief quiet period and then the teachers would talk to us and further calm the situation. Then off we would go to try to forge a path with our families, who would need us as much as we Read more

Lavabit and The Definition of US Government Hubris

Graphic by Darth

Graphic by Darth

Well, you know, if you do not WANT the United States Government sniffing in your and your family’s underwear, it is YOUR fault. Silly American citizens with your outdated stupid piece of paper you call the Constitution.

Really, get out if you are a citizen, or an American communication provider, that actually respects American citizen’s rights. These trivialities the American ethos was founded on are “no longer operative” in the minds of the surveillance officers who claim to live to protect us.

Do not even think about trying to protect your private communications with something so anti-American as privacy enabling encryption like Lavabit which only weakly, at best, even deigned to supply.

Any encryption that is capable of protecting an American citizen’s private communication (or even participating in the TOR network) is essentially inherently criminal and cause for potentially being designated a “selector“, if not target, of any number of searches, whether domestically controlled by the one sided ex-parte FISA Court, or hidden under Executive Order 12333, or done under foreign collection status and deemed “incidental”. Lavabit’s Ladar Levinson knows.

Which brings us to where we are today. Let Josh Gerstein set the stage:

A former e-mail provider for National Security Agency leaker Edward Snowden, Lavabit LLC, filed a legal brief Thursday detailing the firm’s offers to provide information about what appear to have been Snowden’s communications as part of a last-ditch offer that prosecutors rejected as inadequate.

The disagreement detailed in a brief filed Thursday with the U.S. Court of Appeals for the Fourth Circuit resulted in Lavabit turning over its encryption keys to the federal government and then shutting down the firm’s secure e-mail service altogether after viewing it as unacceptably tainted by the FBI’s possession of the keys.

I have a different take on the key language from Lavabit’s argument in their appellate brief though, here is mine:

First, the government is bereft of any statutory authority to command the production of Lavabit’s private keys. The Pen Register Statute requires only that a company provide the government with technical assistance in the installation of a pen- trap device; providing encryption keys does not aid in the device’s installation at all, but rather in its use. Moreover, providing private keys is not “unobtrusive,” as the statute requires, and results in interference with Lavabit’s services, which the statute forbids. Nor does the Stored Communications Act authorize the government to seize a company’s private keys. It permits seizure of the contents of an electronic communication (which private keys are not), or information pertaining to a subscriber (which private keys are also, by definition, not). And at any rate it does not authorize the government to impose undue burdens on the innocent target business, which the government’s course of conduct here surely did.

Second, the Fourth Amendment independently prohibited what the government did here. The Fourth Amendment requires a warrant to be founded on probable cause that a search will uncover fruits, instrumentalities, or evidence of a crime. But Lavabit’s private keys are none of those things: they are lawful to possess and use, they were known only to Lavabit and never used by the company to commit a crime, and they do not prove that any crime occurred. In addition, the government’s proposal to examine the correspondence of all of Lavabit’s customers as it searched for information about its target was both beyond the scope of the probable cause it demonstrated and inconsistent with the Fourth Amendment’s particularity requirement, and it completely undermines Lavabit’s lawful business model. General rummaging through all of an innocent business’ communications with all of its customers is at the very core of what the Fourth Amendment prohibits.

The legal niceties of Lavabit’s arguments are thus:

The Pen Register Statute does not come close. An anodyne mandate to provide information needed merely for the “unobtrusive installation” of a device will not do. If there is any doubt, this Court should construe the statute in light of the serious constitutional concerns discussed below, to give effect to the “principle of constitutional avoidance” that requires this Court to avoid constructions of statutes that raise colorable constitutional difficulties. Norfolk S. Ry. Co. v. City of Alexandria, 608 F.3d 150, 156–57 (4th Cir. 2010).

And, later in the pleading:

By those lights, this is a very easy case. Lavabit’s private keys are not connected with criminal activity in the slightest—the government has never accused Lavabit of being a co-conspirator, for example. The target of the government’s investigation never had access to those private keys. Nor did anyone, in fact, other than Lavabit. Given that Lavabit is not suspected or accused of any crime, it is quite impossible for information known only to Lavabit to be evidence that a crime has occurred. The government will not introduce Lavabit’s private keys in its case against its target, and it will not use Lavabit’s private keys to impeach its target at trial. Lavabit’s private keys are not the fruit of any crime, and no one has ever used them to commit any crime. Under those circumstances, absent any connection between the private keys and a crime, the “conclusion[] necessary to the issuance of the warrant” was totally absent. Zurcher, 436 U.S., at 557 n.6 (quoting, with approval, Comment, 28 U. Chi. L. Rev. 664, 687 (1961)).

What this boils down to is, essentially, the government thinks the keys to Lavabit’s encryption for their customers belong not just to Lavabit, and their respective customers, but to the United States government itself.

Your private information cannot be private in the face of the United States Government. Not just Edward Snowden, but anybody, and everybody, is theirs if they want it. That is the definition of bullshit.

[Okay, big thanks to Darth, who generously agreed to let us use the killer Strangelovian graphic above. Please follow Darth on Twitter]

The Dolphin Code: NFL Gangsta in Miami

We are going to take a little detour in our weekly lighthearted football trash talk here at the Emptywheel Blog. I will return to the actual games at the end of this post, but for now I want to discuss a hideous and, hopefully, transformative moment in football – the abusive workplace environment to which the Miami Dolphins subjected Jonathan Martin.

As you may know by now, Jonathan Martin is the second year Miami Dolphins offensive tackle who has left the team because of harassment, primarily by fellow offensive lineman Richie Incognito, but apparently by other teammates as well.

The official statement by Martin’s lawyer, David Cornwell (a fantastic attorney by the way), gives a pretty fine synopsis of the situation:

Jonathan Martin’s toughness is not at issue. Jonathan has started every game with the Miami Dolphins since he was drafted in 2012. At Stanford, he was the anchor for Jim Harbaugh’s “smash mouth” brand of football and he protected Andrew Luck’s blind side.

The issue is Jonathan’s treatment by his teammates. Jonathan endured harassment that went far beyond the traditional locker room hazing. For the entire season-and-a-half that he was with the Dolphins, he attempted to befriend the same teammates who subjected him to the abuse with the hope that doing so would end the harassment. This is a textbook reaction of victims of bullying. Despite these efforts, the taunting continued. Beyond the well-publicized voice mail with its racial epithet, Jonathan endured a malicious physical attack on him by a teammate, and daily vulgar comments such as the quote at the bottom. These facts are not in dispute.

Eventually, Jonathan made a difficult choice. Despite his love for football, Jonathan left the Dolphins. Jonathan looks forward to getting back to playing football. In the meantime, he will cooperate fully with the NFL investigation.

Quote from teammate: “We are going to run train on your sister. . . . She loves me. I am going to f–k her without a condom and c– in her c—.”

That was on top of the fact direct racial animus evidencing epithets from Incognito to Martin were already known to be in play.

“Hey, wassup, you half n—– piece of s—. I saw you on Twitter, you been training 10 weeks. [I want to] s— in your f—ing mouth. [I’m going to] slap your f—ing mouth. [I’m going to] slap your real mother across the face [laughter]. F— you, you’re still a rookie. I’ll kill you.”

This is beyond ugly conduct, and, frankly, beyond simple “harassment”. Worse, it appears that it was a pattern of conduct not only encouraged, but requested by Dolphins’ management. They ordered a code red on Jonathan Martin.

Jason Whitlock had a very provocative take on the effect of incarceration and thug culture in general at play, a take that rings all too, uncomfortably, true. Dave Zirin at The Nation has a fine take on what the “Bully Solidarity” of the Dolphins organization in the Martin matter means.

So, this hideous and intolerable conduct is legally actionable against Incognito (and the Dolphins via vicarious liability) by Jonathan Martin, right? Sure, anybody can sue anybody else, and Martin can certainly bring a civil complaint here. But the chances of success are far more tenuous than you likely think Read more

Badly Broken: We Are Walter White

BreakingBad_logophotoI’ll bet tonight’s blog traffic will drop sharply, and explode on Twitter — and at 9:00 p.m. EDT exactly. That’s when the last episode of AMC’s Breaking Bad will air, following a 61-hour marathon of all preceding episodes from the last five years.

A friend expressed concern and astonishment at the public’s investment in this cable TV program, versus the Intergovernmental Panel on Climate Change’s Fifth Assessment Report published Friday, expressing heightened confidence in anthropogenic climate change:

“The report increases the degree of certainty that human activities are driving the warming the world has experienced, from “very likely” or 90% confidence in 2007, to “extremely likely” or 95% confidence now.” [source]

He’s right; we’ll be utterly absorbed by the conclusion of former high school chemistry teacher and cancer patient Walter White’s tale. We’ll have spent a fraction of intellectual energy on our own existential threat, in comparison to the mental wattage we’ll expend on a fictional character’s programming mortality.

But perhaps Breaking Bad’s very nature offers clues to our state of mind. Viewers are addicted to a program that upends perspectives and forces greater examination.

— The entire story of Walter White, a middle class white guy with a good education whose cancer threatens his life and his family’s long-term financial well-being, would not be viable were it not for the dismal state of health care in America. There are no Walter Whites in Canada, for example; the U.S. has become little better than a third world narco-state, our health and shelter dependent on ugly choices like crime because our system of governance cannot respond appropriately under pressure for corporate profitability.

We cling to White, though he has become the very thing we pay our law enforcement to battle, because he is us — morally conflicted, trying to safeguard our lives and our families in a deeply corrupt system. At the end of each Breaking Bad episode the distortion of our values is evident in viewers’ failure to reject a criminal character depicting a drug lord manufacturing and selling a controlled substance, while guilty of conspiracy, murder, and racketeering in the process.

In the background as we watch this program, we permit corporate-owned congresspersons to shut down our government in a fit of pique over the illusion of better health care for all. Read more

The America’s Cup Comes Home

[EW: Rosalind stole the keys! Awesome!!! Uh. Ut oh.]

Looks like Mom and Dad have been so consumed with all-things NSA they went and left the keys to the joint right out in the open. I better write fast.

8-1.

One week ago the America’s Cup standing stood at New Zealand eight wins, USA one (they actually had three, but more on that later), with first team to reach nine the champion. Everyone – everyone – hoped the US boat could eke out a couple more wins before the Kiwis got that inevitable last win and took the Cup back home. Oracle skipper Jimmy Spithill had other plans, calmly proclaiming his team focused on winning not just the next race, but the Cup itself. The World politely smiled and nodded, while rolling our eyes. Dude, c’mon, you’d need to reel off eight sudden death wins in – a – row.

I attended the Opening Weekend races and watched New Zealand take 3 out of 4, but what I saw in those races should’ve prepared me for the amazing feat Oracle was about to pull off. The US boat could’ve won two more of those opening races if not for some bad tactical decisions and poor boat handling during key tacks and gybes. The Kiwis had the faster boat upwind, but Oracle was faster downwind. If they could improve the tactical and stabilize the maneuvers, they had a real chance to get back into things.

They replaced the tactician with 5-time Olympian Ben Ainslie, got the new crew in sync, made tweaks to the boat night after night, and started to win. Every race. Every day. The World stopped smirking and the thousands along the San Francisco waterfront went wild as the US boat now stretched out its leads on the upwind legs thanks to whatever engineering tweak magic the techs had made.

(A moment to address the, uh, cheating thing: Oracle started the series in the hole -2 races due to a cheating incident with their AC45 boat in an earlier series. I can’t believe they were so stupid, and they deserve what they got, which was a 2 point race penalty, and the removal of their wing trimmer four days before the start of the series. Add in Oracle owner billionaire Larry Ellison’s uncanny ability to come off like a Bond Villain sent straight from central casting, and well, it can lead to rather fantastical musings – “That’s it! An Oracle sub with a magnet pulled the US boat upwind!”)

In today’s final the Kiwis got the jump at the start, rounding the first mark ahead while Oracle buried their bow and dropped their speed. They recovered, gave chase and took the lead, which New Zealand grabbed back, then USA pulled ahead. And then came Leg 4, a downwind leg, and Oracle put on their jets, shifted into a whole new gear and left the Kiwis almost 700 meters behind. From there the US boat just had to stay in one piece.

My sailing friends and I have long dreamed of an America’s Cup series on the San Francisco Bay, and the reality has surpassed even our highest hopes. A gorgeous natural amphitheatre, miles of shoreline to watch up close, scary-fast boats that fly across the water and along the waterfront, so close the crowd and crew are able to feed off each others energy.

I celebrate the Oracle team for pulling off one of the most incredible sporting comebacks in history. I salute the New Zealand team for a great run and the Kiwi fans for being the nicest, funniest, fervent fans this side of Middle Earth.

And I raise a toast to the City of San Francisco and the America’s Cup Organization for showing what a true public and private partnership can reap, how beautiful public spaces can be used to great effect and benefit for the public.

To the thousands of fans who flocked to the City, and the happy hotel owners and cafe managers and taxi drivers et al, meet you back here in a few years!

NBC News Hires Edison Carter and Blank Reg For Big Time TV

NBC News, showing it can move 20 minutes into the future, has made a new and exciting digital acquisition. From Brian Stelter (who was a great replacement for Howard Kurtz today on CNN’s “Reliable Sources”. Seriously) at the New York Times:

When a plane crashes or a protest turns violent, television crews speed to the scene. But they typically do not arrive for minutes or even hours, so these days photos and videos by amateurs — what the news industry calls “user-generated content” — fill the void.

Those images, usually found by frantic producers on Twitter and Facebook, represented “the first generation of user-generated content for news,” said Vivian Schiller, the chief digital officer for NBC News. The network is betting that the next generation involves live video, streamed straight to its control rooms in New York from the cellphones of witnesses.

On Monday, NBC News, a unit of Comcast’s NBCUniversal, will announce its acquisition of Stringwire, an early stage Web service that enables just that. Ms. Schiller imagined using Stringwire for coverage of all-consuming protests like those that occurred in Tahrir Square in Cairo.

“You could get 30 people all feeding video, holding up their smartphones, and then we could look at that,” she said in an interview by phone. “We’ll be able to publish and broadcast some of them.”

Such a vision fits neatly into the future many academics predict. That future has fewer professional news-gatherers but many more unpaid eyes and ears contributing to news coverage.

Before we delve too far into the analogies with the once dystopian future we are now quickly inhabiting, it should be acknowledged that, while new and exciting, this is really just a big incremental step ahead of what CNN has been doing for a while with its “iReport” function.

But the Stringwire capability would look to provide even greater immediacy than CNN’s iReport and, perhaps, even streaming coverage. There is, of course, a very negative side to this potential should unfortunately slanted or particularly grotesque coverage be presented. Also a very real concern is the potential for interference in law enforcement investigations and trauma to people effected and/or prejudiced, including witnesses, defendants and future jury pools, by publication before news is ripe and edited.

The above being said, for my part, I find Groman’s Stringwire concept to be pretty exciting and think it a pretty smart move by Vivian Schiller and NBC News. But, boy howdy, does it bring to mind the once and, apparently future, dystopian information landscape of Max Headroom. From Wiki:

The series is set in a futuristic dystopia ruled by an oligarchy of television networks. Even the government functions primarily as a puppet state of the network executives, serving mainly to pass laws — such as banning off switches on televisions — that protect and consolidate the networks’ power. Television technology has advanced to the point that viewers’ physical movements and thoughts can be monitored through their television sets; however, almost all non-television technology has been discontinued or destroyed. The only real check on the power of the networks is Edison Carter, a crusading investigative journalist who regularly exposes the unethical practices of his own employer, and the team of allies both inside and outside the system who assist him in getting his reports to air and protecting him from the forces that wish to silence or kill him.

To elaborate a little, Edison Carter of “Network 23” is one of several journalists, including another character by the name of “Blank Reg” of “Big Time TV”, who scour the landscape as one man newscrews, just them and their own videocam, for breaking news that will live feed instantaneously to their national networks to drive ratings. So, you can see the analogy to NBC’s Stringwire concept.

One difference between Max Headroom and the current television news existence is that, in Max Headroom, the television broadcasters wholly consumed and dictated to a puppet state government. The current existence of television news seems more tilted to the profit centered, shallow mass consumption oriented, stenography of government issued and manipulated propaganda. One need only look back at the coverage of the Iraq war, Afghanistan, Guantanamo, torture, the rise of the surveillance state or any report from Barbara Starr at CNN (thank you Michael Hastings) to see the problem.

So, while there is certainly potential for some concerns, maybe a function like Phil Groman’s Stringwire at NBC News can not just bring an immediacy to television news, but eradicate some of the governmentally issued bullshit that results from “Breaking News” from the likes of Barbara Starr.

All hail the future. Big Time Television, “All day every day, making tomorrow seem like yesterday.”