The Other Podcast


Stacy McCain and I will be at our microphones at 7 pm ET this evening with a special two-hour edition of The Other Podcast. The program started at CPAC in 2018, and we will be doing this third anniversary show from the conference.

http://tobtr.com/s/11684911

Give us a call at (646) 668-2541 and join in the fun.

Likely topics include CPAC, Fake Russian Collusion, South Carolina, and Crazy People Are Dangerous™.

Team Kimberlin Post of the Day


An important reason for the failure of all of the legal actions filled by Team Kimberlin during their campaign of lawfare was their gross misunderstanding of the law—as this Prevarication Du Jour from four years ago today reveals.

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The Cabin Boy™ has tweeted this—Cheddar201602281636ZThe Gentle Reader who has been following Schmalfeldt’s career of cyberfoolishness will not be surprised to find that the Cabin Boy™ is wrong. Here’s the EFF’s take on the Communications Decency Act—

Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.

CDA 230: The Most Important Law Protecting Internet Speech

Here’s what the General Counsel of Automattic, the company that owns WordPress.Com has to say about the value of 47 U.S.C. § 230’s protection afforded to publishers of third-party speech on the Internet—

I think to the extent that it protects speech, you can’t get much more expansive. I think the concept of no third-party liability is good.

You can find that and more concerning WordPress and the Communications Decency act here.

Here’s what the Seventh Circuit Court of Appeals thinks—

What §230(c)(1) says is that an online information system must not “be treated as the publisher or speaker of any information provided by” someone else.

Chicago Lawyers’ Committee for Civil Rights Under Law v. Craigslist, 519 F.3d 666, 671 (7th Cir. 2008).

No, the EFF and WordPress.com agree with me. So do lots of federal courts, including the Seventh Circuit Court of Appeals (Wisconsin is in the Seventh Circuit). Of course, the Cabin Boy’s™ misunderstanding of the Communications Decency Act has been pointed out to him before, but he continues to insist that his interpretation overrides the case law. It’s that sort of pigheadedness that will make his loss in LOLsuit VI: The Undiscovered Krendler so expensive.

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BTW, I originally considered titling that post as a Legal LULZ Du Jour, but on second thought it seemed that after so many losses that even Schmalfeldt would understand the protection § 230 offers and that he was now simply lying.

CPAC Registration


At previous CPACs, I’ve had to stand in line for up to 15 or 20 minutes to get to the registration counter. This year I stood in line for over a half-hour and had moved less than a quarter of the way up the line for paid attendees.

I’ve also applied a media pass, but the media center isn’t open yet, so I’ve adjourned to the Lobby Bar in the convention center hotel to wait.

More later ..

UPDATE—I waited for the lines to die down, and I now have my CPAC regular registration badge and my media credentials.

CPAC Ahead


CPAC (the Conservative Political Action Conference) gets underway later this week down in National Harbor, Maryland, just across the river from DC. Wednesday night will be a series of social gatherings during which I’ll meet up with old friends. On Thursday and Friday, I’ll be making there rounds and interviewing people. On Saturday night, my podcasting partner and I will originate a special two hour long edition of The Other Podcast from CPAC as the opening episode for Season Three.

Stay tuned.