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Yo Barack, how about an EO on this?


From Bilerico via Corrente:

Clay and his partner of 20 years, Harold, lived in California. Clay and Harold made diligent efforts to protect their legal rights, and had their legal paperwork in place–wills, powers of attorney, and medical directives, all naming each other. Harold was 88 years old and in frail medical condition, but still living at home with Clay, 77, who was in good health.

One evening, Harold fell down the front steps of their home and was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold’s care from the first moment. Tragically, county and health care workers instead refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes.

Ignoring Clay’s significant role in Harold’s life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Outrageously, the county represented to the judge that Clay was merely Harold’s “roommate.” The court denied their efforts, but did grant the county limited access to one of Harold’s bank accounts to pay for his care.

What happened next is even more chilling.

The worst parts of this tragedy have nothing to do with any hospital rules:

Without authority, without determining the value of Clay and Harold’s possessions accumulated over the course of their 20 years together or making any effort to determine which items belonged to whom, the county took everything Harold and Clay owned and auctioned off all of their belongings. Adding further insult to grave injury, the county removed Clay from his home and confined him to a nursing home against his will. The county workers then terminated Clay and Harold’s lease and surrendered the home they had shared for many years to the landlord.

Three months after he was hospitalized, Harold died in the nursing home.

The two men were unable to see each other during the final three months of Harold’s life, and almost everything they owned is gone.

Sonoma County is about an hour north of San Francisco, just above Marin County. When I lived up that way in the mid-eighties it was a fairly liberal place with a sizable LGBT community. Not exactly a hot bed of homophobia.

Words fail.


Podcast alert: Defending the Internet

Fire up your iPod!

As you may know, I am a podcast junky.

(“I can stop any time I want to.”

Then Stop

“I don’t want to.”)

For the past several months, the monkeys on my back have been This Week in Tech (TWIT) and This Week in Google (TWIG).  The latest episode of TWIG focuses on the battle between the free internet peoples, er, that would be *us*, and the forces of corporatism (neo-feudalism) that are threatening our freedom of speech around the world.  Jeff Jarvis reports on his latest trip to Germany, where privacy laws are strict in the extreme, but is probably an understandable psychological response to the history of fascism during WWII, followed by Soviet repression and the Stasi in East Germany.  From there, the panel discusses the opposite extreme in China where no internet company operating there is allowed privacy outside of the dictates of the Communist government.  Jarvis makes a persuasive case that Google, by pulling out of China in order to protect the anonymity of its users, is standing alone in the world right now and making a political statement similar to the ones we used to make over Apartheid in South Africa.

Whatever your opinion of Google or whether you agree with Jeff Jarvis’ assessment, this is a situation that should be getting a lot more attention than it has recently.  Recall that not too long ago, Hillary Clinton (Oh, no, not HER again), made a strong defense of freedom of speech, freedom of Internet speech in particular.  TWIG host Leo Laporte suggests that we should be discussing the issue with more urgency.  I agree with him.  Without sufficient attention, Google stands alone against a country that as Jarvis points out, has more internet users than we have people in the United States.  It’s a huge and lucrative market that Google is pulling out of and they aren’t getting enough coverage for taking such a bold and courageous move.   There’s a principle involved here and we at The Confluence like bold, principled moves.

But there’s more.  Britain is about to ram a bill through Parliament that will allow copyright holders to disconnect violators from the internet.  Yep, violate a copyright, lose your right to surf.  Quick and painless, for them.  For you?  Ehhh, not so much.  The bill is poorly written and not getting the thorough overview it needs.  It sounds like a shortcut to booting people you don’t like off of their ISP.  Sort of a shoot-now-ask-questions-later thing. It’s being rushed through the legislative process without enough overview, just before an election cycle when people are distracted.  Jeez, that sounds so familiar…  So to kick off the conversation on Internet Freedom here, I am linking to TWIG’s latest podcast on the subject: Self-aggrandizing Jerks.

One other note:  I love Gina Trapani.  Her commentary and tips are really excellent.  But she has been working with the Obama Administration on a White House Twitter project to collect user feedback and opinions on different issues.  Gina, I wouldn’t trust Obama’s White House with a 10 foot poll.  For all I know, they will use the information to shape their next round of propaganda.  She is way too optimistic about this White House.  Maybe it’s because she’s young but she just doesn’t seem to have developed the right level of wariness.  Or I’m reading too much into this project or something.  I dunno.  Proceed with caution with the White House talk thingie.