Farhad Manjoo

Bush’s bait and switch

Liberal author Thomas Frank and conservative opinion maker Richard Viguerie agree that Bush roped in voters with moral issues, only to sell them out with his Social Security plan.

On just about every pressing political issue of the day, Geoff Davis, a newly elected Republican representative from Kentucky, stands close to George W. Bush. This seems to make political sense. Kentucky is very nearly the reddest of red states, where voters supported Bush by an overwhelming margin in November, and where the fuzzy concept of “moral values” was a huge hit on Election Day. In his first few months in office, Davis signed on to several red-meat GOP bills. He favors the Unborn Child Pain Awareness Act of 2005, which would require that “women seeking an abortion are fully informed regarding the pain experienced by their unborn child.” He also voted for legislation prohibiting states from issuing driver’s licenses to illegal immigrants.

But Davis hasn’t signed on to Bush’s paramount domestic policy issue this year, the proposal to privatize Social Security. And he’s not the only Republican member of Congress who isn’t a fan of the ambitious plan to divert payroll taxes into private accounts invested in the stock market. Others include Jerry Moran of Kansas, who supports such family-values issues as the Unborn Child Pain Awareness Act and a prohibition on Medicare payments for impotence drugs, and Mike Rogers, an Alabama Republican who also supports the abortion bill and who voted for the driver’s license proposal. Then there’s Virgil Goode of Virginia, who would seem to be the ne plus ultra of right-wing representatives. In this term alone, Goode has signed on to the abortion bill, a constitutional prohibition on burning the American flag, legislation that requires American schools to encourage students “to have an appreciation of Western civilization,” and a bill that would ban gay marriage in the nation’s capital. But in a letter to his constituents, as blogger Josh Marshall points out, Goode has declared himself “negatively inclined towards” Bush’s Social Security idea.

The lukewarm reception to Bush’s plan among folks who would seem to be natural allies illustrates a deep problem for the White House’s Social Security initiative. Social Security privatization is shaping up to be something of a wedge issue within the Republican Party — a proposal that may split the ranks of business-friendly conservatives from those most interested in such “family values” issues as abortion and gay marriage — which could prove costly to the party at the polls.

People in red states, particularly social conservatives, aren’t clamoring for privatization. Although there have been no definitive, large-scale state-by-state surveys on Social Security, a handful of scattered red-state surveys show the president’s proposal faltering in usually friendly territory. Such numbers aren’t surprising, since red states are disproportionately made up of older, poorer Americans, people who greatly benefit from Social Security in its current form and don’t want to see it monkeyed with.

But there’s another reason red-state voters may be upset about the Social Security plan: It isn’t what they thought they were pushing for when they joined Team Bush. Among social conservatives, the popular explanation for Bush’s handy victory in November is “moral values”: Bush didn’t win because people appreciated his plan on Social Security but because he stoked the passions of the pious and the prudish with his call for a constitutional amendment banning gay marriage. While that theory has been pretty well shot down by people outside the religious right (foreign policy and economic issues, most analysts say, were probably more important to voters than moral-values issues), the conservative movement’s leading lights still maintain that Bush won only because religious people put him in office. Some of these leaders don’t seem pleased that the president is now spending his political capital on Social Security reform rather than on a crusade to reform the American soul.

They include Gary Bauer, a former presidential candidate and the head of the group American Values. “Regardless of which side of the Social Security debate you are on, real ‘social security’ — that which truly makes society secure — has less to do with retirement benefits and financial entitlements than it does with protecting and promoting our most vital social institutions,” Bauer wrote recently in WorldNetDaily. Bauer belongs to a loose federation of right-wing operatives known as the Arlington Group. In a letter to the White House that was leaked to the New York Times, that group vented its frustration over the White House’s legislative goals, warning that if Bush didn’t push family-values issues, religious people could withhold their support for the Social Security plan.

Some Republicans say it might be premature to see the religious right’s displeasure with Social Security privatization as a sign of an emerging split in the Republican Party between social conservatives and Wall Street types. However divergent their various goals, Republicans say they know that their party works better as a united group, when all sides band together and stick it to the Dems rather than to each other.

Still, Bush’s second-term focus on money issues like Social Security, the tax code, and tort law, rather than on gay marriage and abortion, proves a point that several liberal analysts put forward during the campaign: Republican politicians constantly use the culture wars to hoodwink religious people into voting for big-business ideas that, ultimately, run against the financial interests of the voters. “This is a party with a mission, a historical mission it’s adhered to since the 1930s — and that has been the mission of the business community, the repeal of the New Deal and war with the labor movement,” says Thomas Frank, whose book “What’s the Matter With Kansas?” offers the most detailed explication yet of the theory that Republicans fan the flames of social issues only to get their way on business issues. Social Security privatization, Frank says, is further proof that religious people “are getting played.”

Richard Viguerie, the direct-mail maven who is considered one of the engineers of the religious right’s political dominance, echoes Frank. “I’m not surprised. I’m disappointed,” Viguerie says of Bush’s focus on Social Security reform rather than social issues. “I’m not surprised because that’s the way Republican presidents always do it — they use and abuse conservatives. We’re the shock troops. We do the heavy lifting, making the phone calls, walking the precincts.” But when they win elections, “the Republican politicians in the Congress and in the White House have, as long as I can remember, taken the religious conservatives for granted. They treat us in a symbolic way, give us symbolism.”

With this evidently occurring once again, Viguerie warns that social conservatives may soon get fed up with the Republican leadership. He won’t go so far as to say they’ll abandon the party, but values voters, he argues, won’t be willing to do any of the heavy lifting that Republicans have come to rely on them to do. “It’s going to be hard for our people to get excited” over issues like Social Security, he says. “How do you get conservatives excited if you ignore our issues?”

About 16 percent of Americans regularly receive Social Security benefits, but these people aren’t proportionately scattered throughout the country. Some states — like Alaska, California, Colorado and Texas, places with a relatively young population — have comparatively few Social Security beneficiaries. Only 9 percent of Alaskans, for instance, receive a Social Security check each month. By contrast, in West Virginia, the state with the largest percentage of Social Security beneficiaries, 22.4 percent of the residents are on Social Security. West Virginians, of course, chose Bush in November. Indeed, it turns out that if you look at the Social Security Administration’s breakdown of Social Security beneficiaries by state, many states with a high percentage of people on Social Security are also Bush states. Of the 10 states with the largest share of the population receiving benefits — West Virginia, Maine, Arkansas, Florida, Alabama, Pennsylvania, Kentucky, Iowa, Mississippi and Missouri — only two (Maine and Pennsylvania) weren’t carried by Bush.

Now, the fact that Bush won a lot of states with older populations is partly a reflection of the fact that Bush won a lot of states, period. Some of the states are very small and didn’t count much toward Bush’s electoral victory. Still, regardless of size, each of these senior-citizen-packed red states enjoys two votes in the U.S. Senate, where the Social Security fight is expected to come to a head — and one can imagine that senators from those states are probably agonizing over whether to side with Bush, whom their constituents clearly love, or to keep Social Security just as it is now, which is another thing their constituents love.

The few polls that have been conducted in some red states would seem to counsel politicians against lining up too close to the White House’s plan. In a recent North Carolina poll, for instance, 46 percent of the respondents said they disapproved of the Bush plan, while only 31 percent favored it. In Kentucky, the plan polls at 49 to 40, with opponents in the lead. In Montana, twice as many residents are opposed to the plan as are in favor. But pollsters warn that opinion on Social Security is “fluid”; the public is open to changing its mind, and Bush has been campaigning around the nation in an attempt to persuade Americans, as well as nervous senators, to sign on.

He may well succeed, Frank predicts. “If Bush rams it through, and I suspect he will, it could be very costly for Republicans,” he adds. “It has the potential to be a huge disaster for them politically.”

The disaster could come when social conservatives, people who’ve been duped into voting for the GOP on the assumption that it was the party of morals (rather than of money), might finally see the truth. If, as some economists predict, Social Security privatization goes badly for working people, with traditional benefits cut and stock market gains diminutive, wouldn’t family-values voters realize that the Republican Party has diminished the value of their checking accounts? Couldn’t Republicans possibly lose some elections over it?

Possibly. That’s why most Republicans in Congress aren’t jumping for joy over the Bush plan. But when it comes to Social Security reform, Frank argues, the White House and other Republican leaders may be willing to pay any price. Social Security is, after all, the linchpin of the American welfare state, the most popular and well-regarded entitlement program. By privatizing it, Republicans will achieve a long-standing ideological goal. They’ll be fundamentally altering the government’s responsibility to its citizens, profoundly realigning the nation in favor of the stock-market-invested rich and against the interests of the poor. As Frank says, they’ll be repealing the New Deal — and such a grand mission, they may feel, might be worth losing a few elections over.

“The leadership and the big thinkers don’t care that this is going to be an extremely disastrous issue 10 years from now,” Frank says. “They think they can get out of bearing the consequences of anything with some slick talk. After all, nobody blames Reagan for budget deficits anymore. And here, you’re talking about such an enormous change, it will be impossible for Democrats to put it back the way it was. It’s such a huge change that it will be permanent; they can’t put it back once it’s done.”

But if it’s true that the business-community Republicans are willing to lose some elections over Bush’s Social Security proposal, it’s also true that social conservatives aren’t committed to the plan. Social conservatives, Viguerie says, are not convinced that Bush’s Social Security plan is worth a steep political price. Many people think, he says, that “maybe we don’t need to stick to our neck out on it.” And if Republicans are going to stick their necks out, if they’re going to do something that may be politically costly, social conservatives would prefer that it be something that promotes family values.

“We couldn’t help but notice the contrast between how the president is approaching the difficult issue of Social Security privatization, where the public is deeply divided, and the marriage issue where public opinion is overwhelmingly on his side,” the Arlington Group wrote in its letter to the White House. “Is he prepared to spend significant political capital on privatization but reluctant to devote the same energy to preserving traditional marriage? If so, it would create outrage with countless voters who stood with him just a few weeks ago, including an unprecedented number of African-Americans, Latinos and Catholics who broke with tradition and supported the president solely because of this issue.”

Were it up to conservatives, Viguerie says, the White House would be pursuing wholly different plans in its second term. For the right wing, the absolute first priority, he says, is the nomination of conservative federal judges. After that, “social conservatives are concerned about homosexual marriage and the whole moral direction of the country. We would like to see the Republicans out there trying to right the country from a moral perspective. It seems like Republican politicians are for the most part embarrassed to talk about these issues, but we would like to see them do it.”

In addition, Viguerie says, conservatives want Republicans to limit government spending — something that Bush, who has not vetoed a single piece of legislation while in office, has been reluctant to do. “This administration has been a great disappointment in terms of the size and role of government,” Viguerie says. Bush’s recent budget proposal, which called for a large number of cuts to social programs, “wasn’t very impressive” to conservatives. The cuts “were in areas where Congress is likely to ignore Bush,” Viguerie points out. “Now, if he goes out and campaigns to abolish agencies and uses his political muscle, it’d be more impressive. But right now it seems like it might be window dressing. He proposes cuts that he knows the Congress is not going to make. He should be vetoing bills all the time. Roosevelt used to tell his aides, ‘Give me a bill to veto.’ This president seems to be obsessed with being liked by Congress, so it’s hard to take him serious. It puts the lie to the president’s words that he wants to reduce the size of government.”

To be sure, there are social conservatives who disagree with Viguerie and don’t see the president’s push for Social Security privatization as an impediment to the success of their social issues. James Bopp Jr., a prominent Republican lawyer from Indiana, says that liberals — people like Frank — who claim to see a split between the aims of big-business conservatives and social-values conservatives are engaging in wishful thinking. Bush’s signing of a ban on late-term abortions, his call in the State of the Union address for a ban on gay marriage, and other socially conservative measures have been greatly appreciated by the religious right, Bopp says, and the right won’t balk at the Social Security plan.

Stephen Moore, the president of the Free Enterprise Fund and a longtime proponent of Social Security privatization, said the same thing. “I think it’s an issue that all conservatives care about. I don’t see a divide in the party.”

That may be so. Yet it’s hard to believe that conservatives are entirely satisfied with the new Bush term, in which the first major piece of legislation signed by the president didn’t have anything to do with abortion, gay marriage, indecency on TV or the general moral direction of the country. Instead, the president’s first bill, signed last week, curtailed the reach and scope of class-action lawsuits; it was a bill greatly favored by the business community.

“I’m not saying we should not be worried about Bush pursuing the culture wars,” Frank says. “But so far his priorities are clearly the economic things. He got elected with these culture wars, but look at what we have to deal with — every single issue is economic, having to do with malpractice, class-action lawsuits, Social Security. The culture wars are nowhere.”

This story has been corrected since it was originally published.

The thinking man’s action hero

Using paper clips, chewing gum, chocolate and down-home ingenuity, MacGyver always saved the day. Let's bring him back -- and give him a girl!

It isn’t necessary to explain how, in the pilot episode of “MacGyver,” our mulleted, Midwestern hero gets himself trapped inside a top-secret research bunker overflowing with sulfuric acid. Suffice it to say, he needs to find a way out, and probably soon (because government agents are fixing to fire a missile at the bunker to prevent the acid from spilling into a nearby aquifer). Plus, he has to save the people he has found inside (among them a gun-wielding climate scientist who wants destroy the bunker in an effort to set back research into an ozone-layer-ruining weapon of mass destruction). Fortunately, MacGyver has a few chocolate bars, a scrap of sodium metal, a cold capsule, a pair of binoculars and cigarettes.

He uses the chocolate to plug up the leaking tank of acid — sulfuric acid reacts with sugar to form a kind of glue. The sodium, scraped into the shell of the cold capsule and splashed into a sealed bottle of water, makes for a handy time-delay bomb, which proves useful for blowing through a wall that blocks the group’s escape. The smoke from the cigarettes illuminates the bunker’s laser-beam security system that he has to get through to move through the bunker (no secret underground research lab is complete without lasers); MacGyver uses the binocular lens to aim the laser at its own control unit, shutting down the security system.

But how does he get out of the bunker? Oh, that’s the easy part: MacGyver finds a switch that controls the lights in an above-ground control tower. He flashes the lights on and off to send an SOS message in Morse code. The guys in the tower, realizing Mac’s in the bunker, alive, call off the missile — and for the first of 139 times during the show’s seven-year run from 1985 to 1992, MacGyver saves the day.

This first episode is nearly perfect. It neatly telegraphs MacGyver’s soul: A laid-back fellow oozing can-do heartland ingenuity, MacGyver is handsome but dorky, charming but self-effacing, a friend to orphans and children with disabilities, tolerant of people from foreign lands, and though he has every opportunity for indiscretion, he’s always a gentleman around women. MacGyver, played by the affable Richard Dean Anderson, works as a secret agent for a vaguely defined defense contractor whose intentions are always of the best sort. His gigs are of the usual action-hero variety — find stolen missiles, escape assassins, rescue civilians, humiliate dictators. But his near chastity, along with his staunch opposition to guns and capacity to solve every problem through the judicious application of chemistry and physics, sets him apart from other action stars. MacGyver is the thinking man’s hero.

Though, actually, when you go back to watch his adventures two decades after they first aired, you discover Mac’s target audience probably consisted mainly of boys, not men. I started watching the 139-episode DVD boxed set a few weeks ago, shortly after gadget blogs gleefully reported that Lee David Zlotoff, the series’ creator, said he was thinking of making a “MacGyver” movie. This jogged in me memories of boyhood, especially of how, after watching each MacGyver trick, I’d feel a bit invincible: I was small, but I was clever. Like MacGyver, I could take them.

But to adult eyes “MacGyver” is often too goofy by half. It’s not just that his tricks are improbable. At times — like when he interprets a deaf friend’s dreams to find clues to an impending missile theft — they seem to violate the show’s premise, that science beats brawn. In these instances, MacGyver doesn’t use science; he uses magic.

Then there are the children he befriends and the liberal orthodoxies he defends — tendencies that bump the show’s preachiness dial. Mac’s always popping up in foreign countries — Afghanistan, Myanmar — and running into kids and peasants who are oppressed by unsmiling overlords. In just about every second episode, he’s teaching kids about the dangers of guns, a position that, we learn in one episode, he came to as a boy, when a friend of his was killed by a gun. The antigun thing is a little specious, though: MacGyver’s got nothing but nothing but love for explosives, painful booby traps, fire extinguishers rigged up as projectiles, and enormous boulders that he sets up to fall on villains. The real reason he doesn’t use guns is obvious — he’d be able to shoot his way out of most traps, and that would be too easy.

I don’t mean to get down on “MacGyver.” There’s something in its flaws worthy of re-viewing, a particular moment in America preserved on TV. MacGyver is meant to exemplify a certain noble strain of American power. He doesn’t take the easy way out, and when in a jam, he uses what he finds around him to ingenious effect. If you strain you see a greater American story here too — that his ingenuity is frequently too good to be true, and leads to pat, uncomplicated endings that call for no greater reflection.

There’s also something striking about “MacGyver’s” moment in TV. Watch this show as a yardstick to measure how far we’ve come. Even the simplest dramas today — I’m looking at you, “CSI” — are complex and multilayered next to “MacGyver,” which underlines and explains everything, gums up all dialogue with exposition and introduces new, throwaway characters in each episode. There’s much hand-holding here: Even in foreign countries, everyone speaks English, every villain is one-dimensionally evil, and every tender moment is helped along by a swelling score.

But that’s why I hope someone makes a “MacGyver” movie. Mac needs a makeover. Lift him up to big-budget action standards — give him a story line that can span a couple of hours; give him a girl to love, but who may also cross him; give him a more complex mission (maybe to find out who’s putting all the salmonella in our salads?); and give the whole package fast, Paul Greengrass-style editing. Also, make sure one of his crazy solutions involves Mentos — people online go crazy for tricks with Mentos. Do all that and we might yet have a lasting American hero.

* * * * *

Read more of Salon’s Re-Viewed, offering a fresh look at great TV shows available on DVD.

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Goodbye to Machinist

Yo, I'm out.

Today much of the tech world is sad that the iPhone 3G’s launch is going so miserably. But I’m sad that it’s my last day at Salon.

I’ve accepted a job at Slate, where, starting next week, I’ll be writing a twice-weekly technology column. Machinist will go on a break for a week, after which a guest blogger will bring you the latest tech dish.

I joined Salon in 2002, and since then I’ve written about, among other things, Smart Cars, robotic vacuum cleaners, muffin toasters, voting machines, architecture and 9/11, Tower Seven, Bill Clinton, Terri Schiavo, Florida’s elections, “The Wisdom of Crowds,” Malcolm Gladwell, Linux, Daniel Levitin, the copyright industries, Lawrence Lessig, The New York Times, Martha Stewart, a mnemonic to remember the Solar System’s planets, Google, garlic, stem cells, Comcast, Apple, Speedo, taxes, Social Security, Antonin Scalia, Barack Obama, the robots’ plan to take over the Earth, Howard Stern, Stringer Bell, Current TV, campaign finance reform, MoveOn, Howard Dean, Nintendo, Total Information Awareness, Java, Alice Waters, “The West Wing,” Robert F. Kennedy, Jr., the Washington Post, Judy Miller, and Hurricane Katrina.

I’m pretty sure there’s no other news outlet on the planet which would have given me such latitude, and I thank everyone here at Salon for that. I also want to thank all the readers who’ve read my work, not to mention praised me, hounded me, kept me up late at night swearing at the screen. Don’t ever change.

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“True Enough” at Google, and in San Francisco

A YouTubey presentation of my book.

As I mentioned in the comments yesterday, I’m getting ready to depart this space; I’ll have a fuller explanation tomorrow, sometime before or after I get in line to buy the new iPhone.

In the meantime, I thought I’d add a note about one of the more fun events related to my book’s release — the opportunity I had, in May, to speak at Google’s headquarters in Mountain View.

It was thrilling not only for the splendor of the place — even their commodes are computerized — and the welcoming attitude of my hosts at the Authors@ program (the company buys your books and hands them out to employees for free), but also because Googlers seemed to intuitively grasp my argument and posed many penetrating questions.

Google records these things and posts them up on YouTube, so if you’re looking for something to watch while eating a sandwich at your desk, have at it:

Another thing on the book: I’ll be reading and signing at Book Passage in the San Francisco Ferry Building next week — 6 p.m. on Thursday, July 17.

If you’d like to talk about facts, rumors, conspiracy theories, and spin in the digital age, do stop by.

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The iPhone 3G reviews are in: It’s pretty good

But battery life suffers, and the GPS isn't as great as you hoped.

Walt Mossberg (WSJ), David Pogue (NYT) and Edward Baig (USA Today) have been using the new iPhone 3G for a couple of weeks now, and today they all dish on their experiences.

They were all fans of the first model, and they’re pretty happy about the new model’s new features. The reviewers say the phone’s 3G network access leads to a much zippier Internet experience, that its audio quality has been dramatically improved, and that it cozies up to Microsoft’s corporate e-mail system.

But there are some drawbacks, too: Mossberg finds the battery life lacking, and Pogue says that that the phone’s GPS antenna is too puny to be of much use.

Here’s Mossberg on the battery life:

More important, in daily use, I found the battery indicator on the new 3G model slipping below 20 percent by early afternoon or midafternoon on some days, and it entirely ran out of juice on one day. I overcame this problem by learning to use Wi-Fi instead of 3G whenever possible, turning down the screen brightness and even turning off 3G altogether, which the phone permits.

The iPhone 3G’s battery life is comparable to, or better than, that of some other 3G competitors. But they have replaceable batteries. The iPhone doesn’t.

And Pogue on GPS:

Unfortunately, there’s not much you can do with the G.P.S. According to Apple, the iPhone’s G.P.S. antenna is much too small to emulate the turn-by-turn navigation of a G.P.S. unit for a vehicle, for example.

Instead, all it can do at this point is track your position as you drive along, representing you as a blue dot sliding along the roads of the map. Even then, the metal of a car or the buildings of Manhattan are often enough to block the iPhone’s view of the sky, leaving it just as confused as you are.

None of the reviewers were provided with applications that third-party developers are creating for the iPhone (these will go on sale at Apple’s online App Store). Mossberg, though, writes that he tried out some of these apps on an older phone, and was pleased with the results:

I tested a game that used the phone’s motion sensors to control the action, and I tested several programs from America Online (TWX), including AOL Instant Messenger; AOL Radio, which streams music from the Internet; and AOL’s Truveo video search engine. All worked very well.

These apps will also work on old iPhones as well as on the iPod Touch.

The iPhone 3G goes on sale Friday at 8 a.m. But some enterprising folks have gotten a hold of them already — check out the Boy Genius Report blog’s unboxing photos.

I talked about how to get an iPhone in my video for Current TV this week:

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Scary! YouTube ordered to hand your viewing history to Viacom

But there's a silver lining to one of the most bone-headed legal decisions in recent times.

Update: This post has been updated with comments from Viacom.

In the fall of 1987, a freelance reporter named Michael Dolan learned that judge Robert Bork kept an account at Potomac Video, a D.C. rental shop. This was at the height of the contentious and ultimately failed Senate confirmation hearings for Bork’s nomination to the Supreme Court — so naturally, Dolan thought there was a story here, and he went to work on getting a peek at Bork’s video rental history.

It wasn’t hard work. Dolan popped into Potomac Video one afternoon and asked if he could look at Bork’s movie file. “There sure are a lot of them,” the assistant manager replied. “Is it OK if I make a Xerox copy?”

That was OK with Dolan; weeks later, he published Bork’s rental history in the D.C. alt-weekly the Washington City Paper.

Bork’s taste in movies was itself unremarkable (“First off, despite what all you pervs were hoping, there’s not an X in the bunch, and hardly an R,” Dolan wrote). But the publication sparked outrage from groups on the right and the left — including the ACLU and People for the American Way, which had vehemently opposed Bork’s nomination.

In 1988, Congress, spurred by the fear that the press might now easily unearth all politicians’ movie habits, passed the Video Privacy Protection Act, which remains one of the strongest privacy laws in the nation. The law prohibits stores from disclosing video histories unless ordered to do so by a court — and even then, customers must be given “the opportunity to appear and contest the claim” of any party seeking to learn what you watched.

I tell you all this as a historical wind-up to yesterday’s shocking news: In the ongoing copyright battle between Viacom and Google, a judge ordered Google’s subsidiary YouTube to hand over an enormous trove of data identifying who watched what and when on the video-sharing site.

Viacom’s lawyers argued that they needed this data to prove that “infringing” videos — e.g., clips of “The Daily Show” and “The Colbert Report” — were more popular than non-infringing user-generated videos. Presumably, if it proves this, Viacom might prevail in its argument that YouTube’s bread-and-butter was illegal videos, and thus owes some of its success — and billions of dollars — to media companies.

The database in question is astonishingly broad: Viacom asked for 12 terabytes of logs (approximately 12,000 GB) that detail each instance in which someone pressed Play on a YouTube video, plus the YouTube username of the viewer who watched it, the date and time at which the user pressed Play, and the IP address of the viewer’s computer. The database covers videos seen both on YouTube as well as those embedded on other pages: If you’ve never visited YouTube but have clicked on a YouTube video from your daily newspaper’s Web site, you’re in the database.

Google objected to Viacom’s request on the grounds that producing the database would be expensive, time-consuming, and would invade YouTube users’ privacy. The judge — Louis Stanton of the Southern District of New York — Judge Stanton dismissed all Google’s arguments. The company’s “privacy concerns are speculative,” he wrote. (PDF here.)

Such pat reasoning should give you a general sense of the depth of bone-headedness in Stanton’s ruling. As Kurt Opsahl of the Electronic Frontier Foundation points out, the Robert Bork-inspired Video Privacy Protection Act applies not just to video cassettes but to “audio visual material” in general. Clearly it should apply here, and clearly, millions of YouTube users ought to have been given a chance to fight this invasion of our privacy.

But the real villain here isn’t Judge Stanton — it’s Viacom. I’ve previously raked the company over the coals for suing, rather than enjoying the fruits of, YouTube’s success (for instance last year, when it sacrificed potentially millions in ad dollars by pulling down the popular MTV clip of Britney Spears’ poor performance at the Video Music Awards).

But now Viacom’s sinking lower: Not content to fight just Google, the company looks to be manning the deck against us all. Sure, Judge Stanton might call this “speculative,” but think on it a bit: If Viacom’s willing to take on Google, what qualms will it have in suing you or me, recording industry-style, now that it knows what we did on YouTube? (Update: Viacom says it can’t use this data to sue you.)

All’s not lost. Google might manage to reverse this decision on appeal, and Viacom, gauging the outrage, could decide to withdraw or limit its request.

But our real hope here is legislative or regulatory action. Indeed, optimistic sorts might see a silver lining here.

As privacy scholar Jeffrey Rosen has written, “The politics of privacy tends to be largely reactive, fired by heartstring-tugging anecdotes that capture the public imagination.” Just as the airing of Robert Bork’s video history was the kick-start Congress needed to fix a clear privacy hole born out of then-new technology, this ruling might backfire on copyright holders, pushing lawmakers, finally, to curb the privacy-invading reach of copyright fights.

What we watch on YouTube is every bit as personal as what one rents from a store like Potomac Video. Indeed, it might be more private, and more salacious — imagine the fun you’d have if you were looking for unsavory data about a future Supreme Court nominee in 12 terabytes of YouTube logs!

In his floor speech in favor of the Video Privacy Protection Act, Vermont Sen. Pat Leahy argued that new database technologies capable of tracking private behavior called for new privacy regulations. That was two decades ago — and it remains true, still.

——

Update: A representative for Viacom e-mailed me to say that I’m overreacting. “We have no ability (and absolutely no desire) to use this data to sue end-users,” he argued, pointing out that all discovery documents in the case are bound by this confidentiality agreement.

Under this agreement, no one at Viacom will get to see these YouTube logs — only Viacom’s outside lawyers and experts, as well as court personnel, will have access to the data. The agreement also restricts the data to this case alone, which would seem to prevent the company from using the logs to sue users individually.

Michael Fricklas, Viacom’s counsel, told the New York Times, “I can unequivocally state that we will not use any of this information to enforce rights against end users.” He added that the company is looking into ways to “anonymize” the logs “to enhance the security of information that will be produced.”

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