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Weddings, Reunions, Dental vists, and SHAKE UPS!

So you may have noticed someone has been missing a lot lately. You may have even noticed when he goes missing he doesn’t always explain why. Well…yeah no real explanation, sorry for that.

 

In other news I have been gone meeting old friends, getting massive dental work, and being best man in a wedding. Shout out to Superfans Chris and Ania Moncrief(aka Superman and Lois Lane) who celebrated their love in the classiest of weddings this past weekend.

 

You crashed both the wrong and the right wedding.

You crashed both the wrong and the right wedding.

But that Shakeup word is here again for good reason. 

 

Things are about to get interesting. Not only has WDDIJ been dealing with the …well Hilarious nature of advertising negotiations, but as you may have noticed we’ve lost a few authors. These things are not points to worry over. Trust me. In fact, the very way you view WDDIJ is about to change for the better.

 

In a short explanation, we’re doing an overhaul.

Why?

Because at 5500 views, we are little less than halfway to the year two viewership goal, and its only been 3 months.

In short, I’ve been short sighted.

 

To remedy that, I had to get to work.

And believe you me, the work is paying off.

Launching this fall is our interview series “Imperial Dreams”

Launching sooner rather than later this summer is a new format to the website

And Look for some shake ups in the staff as well.

Nothing drastic folks, but we want you to have a great experience.

And we want you to come to us for more of your daily content.

SO we need to be a place you want to come to.

And since I’ve been slacking on that. It is time to pick up the pace.

Of course I could tell you so much more, but as you know…

WORDS DON’T DO IT JUSTICE!

– THE Ruthless Wonder

Notes From Your Favorite Super Villain: Its the f**king NAZIS!…and a Grab bag

I know I know, I’m not supposed to cross the streams 80’s babies. Today though I have to. The threat is that large.

While usually I reserve quote Hellsing Ultimate Abridged for comedic references, today I do so in supreme, absolute, fury. While the grab bag has some semi related topics and I will go forward with it in a moment I need to stop, and let you in on the heinous crap going on in my town Saturday. So apparently emboldened by Fox News, Stand your ground, the government shutdown, the tea party, and the Country Music Awards, the Klan, yes you read that right the F**king KLAN, and the National Socialist Movement Party(Read as: THE F**KING NAZIS!) have decided to take to the Jackson County Courthouse steps and spew hatred all over Downtown on a Saturday afternoon. Getting it out-of-the-way yes I am attempting to be there, but as a legal observer(Don’t have that bar card yet). This of course means I have to step up and remind people that, yes the klan and neo-nazis are more than just subjects for Spike TV Gangland. Why this time? Well its a 75th anniversary of something they hold dear. Forgive me for not being up on my nazi holidays.

The F**king NAZIS

Anyway, I’m telling you because there are STILL NEO NAZIS AND KLAN MEMBERS IN KANSAS CITY. If you every wanted to know what 1953 felt like compared to 2013, well, here’s your shot. The fact that racism and discrimination exist today is not really what I’m harping on. I know that. We talk about that, and I rant about it often. My problem is more of the response. I was listening to the radio today as I was doing some running around for the office and a local sports radio guy(Danny Parkins of 610 Sports) was basically saying that staying home and not going to the peaceful rally or going to confront the Nazis and the Klan was sending a better message. I was suddenly reminded of Boondock Saints and that opening scene you see below.

For those who can’t see the video where they are. It is the Monsignor saying “Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.”

Indifference is staying at home and doing nothing. Indifference is saying how relevant are they in this day and age. Indifference is deciding that regardless of the evil that these two groups stand for, you will actively tell your listeners to stay home or at best to the peace rally miles away. Valor, bravery, strength, and commitment are terms we throw around in today’s culture. The reality is that the people who will take the voice and face of freedom, liberty, equality, and humanity to the very avatars of hatred and injustice at the Courthouse steps tomorrow are deserving of it because they are proving all that is right and exceptional about America and Americans. And if you’re a keyboard warrior too afraid to go toe to toe with the face of evil, well…either partner up with that association of people who have no name but are legion and wear Guy Fawkes masks, or stop telling us how political you are on Facebook and twitter. But this is not going to be an all Klan Nazi affair on my blog today.

Stand your ground…again

Now I have 2 takes coming here, one in Florida, one in Michigan. First up Florida. I’ve already talked about the way Stand your ground is used in FL, so all I’m saying this time is, If they aren’t going to apply the law equally, then go back to the castle doctrine and save us all some headaches, and marches, and rallies, and boycotts, and you get my point right?

So on to Michigan. It is all together sad for humanity that you can no longer ask for help at someone’s door when in an accident for fear that you will be shot by the homeowner. Wait, let me back track a moment. It is sad that we have gone back to a point where you can no longer ask for help at someone’s door when in an accident for fear of being shot by the homeowner or the local cops…if you’re black. This is the second time this year a black person has been shot while asking for help after a car accident. This time its a young black teenage girl named Renisha McBride, before that a former college athlete from Florida A&M University named Jonathan Ferrell was shot in North Carolina(Same place a mom dressed her son in Kiddie KKK gear), and next time who knows, it could be me. When it isn’t safe to ask for someone to call the police and an ambulance for you, then it is time to re-evaluate the situation we all find ourselves in. A 19-year-old girl is rarely a threat to someone, let alone when she is trying to get help because she was just in a car wreck.

If you are that afraid of black people call the cops, oh wait…that might end up like the guy who was shot by police after he asked a woman to call the authorities because he was injured and then they shot him to death. And to think people are upset that Alvin Brooks wanted a black community meeting about getting more black police officers in KC. What next?

12 Years A Slave

I’ve had few films that forced me to look at them. Even fewer that I stopped fighting the desire to turn away. And fewer still that were also captivating for the right reasons. This movie started me down the path to this particular grab bag. So consider this the genesis of the thoughts I’ve expressed. And make no mistake, despite the poignant nature of seeing this with my Mother on a Monday, I was watching it angry for more than just the story’s reasons.

The first thing of course that had me angry was Slavery, cause if slavery doesn’t make you angry, you’re a despicable person. No exceptions. The second though was the fear in helping a man who is illegally being held by the white people in the film. I had to sit and watch actors I generally respect play the role of people who were so cowardly they wouldn’t do the right thing in the smallest of ways possible. Benedict Cumberbatch on that list of people. Oh I hated properly hated Michael Fassbender during his scenes, and I thank God that he’s just acting, but lucky for him and most people I take issue with, none were around after the movie.

The third thing was the big thing for me. Well as big as something can be next to slavery. Why is Steve McQueen making this movie with Chiwetel Ejiofor leading it? I don’t mean that in a bad way. I think McQueen is going to do great things, and I hope one day we can get him on an Imperial Dreams Productions film. Ejiofor is one of my favorite actors(full stop). But why were they the ones who believed so strongly that the movie got made with a lil assist from Tyler Durden(Brad Pitt)? Spike thought this was worthless? John Singleton wasn’t moved by the story? The book is one of the oldest by a black person in what is now America. How is this not made before now, and by one of the so called prolific black filmakers? Robert townsend…Bro what have you been doing that you couldn’t make this? I know you think that is silly to be angry about, and to a degree I am upping the hyperbole. But the sentiment is real, Why did no American director until now take this book and make a film? You can take shots at the scene selections, or the way some folks seem clunky or blocky at points, but this film was impressive, and impactful. And you owe it to yourself to see it, but why did it take this long to be made?

If I don’t hear back from the folks who are organizing the legal observers, I will be at some rally, maybe split time between the peace and the confrontation. Regardless, you know the deal folks, now make your choice. Who’s side do you stand on? Peace? Hate? Or Indifference? As for this Super Villain, well…Words Don’t Do It Justice.

-THE Ruthless Wonder

Once more with feeling

You folks must forgive me. Today will be super short compared to my usual posts, and it is quite self-indulgent. Next week I’ll be taking the bar exam. Now before you start declaring I’ll pass and trying to give me well wishes let me say something. This is not something to turn on the fake emotion for. Me and everyone else who are taking the bar next week, know horrifying facts about the exam. We also have been hibernating in various undisclosed locations, and congregating in various school classrooms prepping for this. While we appreciate the positive thinking it sounds more condescending than you can imagine. See the borderline masochist nature of studying for this test has changed us.

People often joke that lawyers are heartless, ruthless, money making douchebags who sold their humanity for success. Save the douchebag and humanity sold part you’re right. And this is what does it, this test will turn us into who you hate until you have to call on our services. Many well prepared people fail this thing, HARD, and we know these people. Some of us(not me) are these people. Support your law student about to walk into the gates of hell with something they need. New movies, tasty meals and beverages, gas for driving down to the exam location, plan a return party,  help them get a gig. Saying “I know you got this” or worse “I’d wish you good luck, but you don’t need it.” is as helpful as a punch in the face. We do need good luck. In some cases that seems to be the only thing that lets some of us pass while others fail.

Now that I’m done with that bit, let’s talk about the subject for today. HAHA I’m kidding. I did have a topic for today. Heck I have one for next week. But will I be posting them? No, no I won’t. It would start like normal and turn into some complexly worded bar question. This post is because I don’t want to leave you hanging. I’ll be back on or after August 1st. The Bar Exam is July 30th and 31st. You guys take care and read Rufus’ stuff. Maybe I can even convince Ronin to come out of hiding. See you soon. Hug a law student, especially if they are studying for the bar. And I’m off for a while.

-THE Ruthless Wonder

Motivation versus Inspiration

[youtube=http://youtu.be/uFaz2GN8FKY]

The above video has nothing to do with today’s post, I just felt like posting it. Hopefully after that verse he dropped Jay Rock is ready to drop another LP finally.

Also before I get going I want to take a moment and let you know the first post from the new 3rd R, Rufus, is coming THIS THURSDAY! So be on the look out for it. I dare say we have the Superhero to balance out my Supervillainry. A Silver Surfer for my Thanos. An Ollie Queen for my Lex Luthor. Holy hyperbole Batman! Exactly. Come read more by this guy. He’s great. He’s an awesome addition, and with the circle complete be on the lookout for a 3R segment coming soon. Now onto my post.

Motivation versus Inspiration

I think a lot can be said for motivation over inspiration.  Despite a lot of people’s thoughts to the contrary I feel the two are vastly different. Personally I’ve long since stopped trying to write via inspiration. I would even go so far as to say that none of my poems are inspirational after a certain point in my writing career. I don’t dig on or off of inspiration anymore. As I was once told, “For poets, inspiration is for suckers.” At the time that seemed like a harsh critique of our art. It seemed cold. Almost robotic. And I never dreamed of this thing I do with lines and stanzas becoming like that. But that was an emotional response. It wasn’t until a few weeks later that I saw the underlying bit that makes that line genius. Inspiration is a passive state of mind that occurs during a point of stagnation. I don’t say inertia for a very specific, science reason. You are usually not doing something and then “inspired” to do so. But writers need to keep writing because otherwise our “muscles” atrophy and we lose skill, or become boring, or just fall off entirely.

This is far different from motivation. Motivation spurs us on to doing something like inspiration yes, but usually we are not at rest. We are dealing with inertia. Constantly going one direction with no external force to cause us to change direction. Motivation is the change in direction. For my writing this was something amazing. I found a creativity I didn’t have before. I stopped waiting on the inspiration to write and just wrote. There is a very marked difference from the works I made before that day and the ones after. Maturity as a person is part of it. Life experience is part of it. But I owe a lot to the idea of motivation being my guide instead of inspiration. The same goes for my non-poetry related writing. Characters are easier to create when you aren’t trying to pull from somewhere out in the ether the moment you need to create them.

And that brings us to everyday life. How often are you subjecting yourself to the whims of inspiration instead of having motivation? Waiting for that one special someone to walk into your favorite coffee shop, bar, club, church, job, supermarket, produce stand, beach,  doctor’s office, best buy, whatever instead of getting motivated to do the things you know make you more noticeable in a good way? I know I have fallen victim to that. How often is there something you are waiting on to happen to be your “sign” to quit that job you hate and start doing the thing you love? I’m not telling you to quit what pays  the bills, but I am saying get motivated to start researching, and investigating the things you need to do what you want, and start doing the ancillary things that should lead up to you leaving that job for a new career doing what you want.

That in the end is the difference between Motivation and Inspiration. Inspiration is so fleeting, so fragile, so impossibly flighty and flaky, not to mention beyond our control, that we do ourselves a disservice by waiting on it. Inspiration can come, and when it does it can help make decisions clear and ideas crystallize. But to wait on it is to lose out on the dreams you have for yourself. To wait is to be stagnate. Stagnation not sleep is the true cousin of death. where you are nothing because you do nothing. Ah but motivation, motivation leads to momentum. Momentum leads to accomplishment. And as you continue to accomplish, you continue to build that personal empire I talked about a while back. Imperial Dreams become motivation when you wake up and start moving. The fuel to press you ever forward towards your goals.

But what do you think? How do you feel about motivation and inspiration? Leave a comment. Like. Share. email me at yourruthlesswonder@gmail.com anything you don’t want here, or questions you might have including topics you want to hear any of us at WDDIJ handle. Be sure to check out the column by our newest on Thursday. We should see a new piece from The Ronin tomorrow. And for now I’m going to get back to other matters I can’t discuss because Words Don’t Do It Justice!

– The Ruthless Wonder

When Ruthless Wonders…

Wondering where we’ve been? Of course you have. At times so do I. There really isn’t an easy way to explain this. Last week I met the woman of my dreams. We met, we wooed, we made exchange of vow. But her cousin and indeed the rest of her family are not fans of Your Ruthless Wonder. A grudge much older than I, my father, and indeed my great great grandfather have inexorable tied us together by the strings of hatred and distrust. My greatest love sprung forth from my greatest hate. But what can I do? I love this woman. She is the rising sun. The very face of my desires. This Black Unicorn* is now off the market.

Okay long winded Romeo and Juliet joke aside(yes people that was a joke still just YOUR Ruthless Wonder), I did want to start off by explaining what happened to us. As you know last Monday we had a post from me on the movie 42.  I was going to just take off Tuesday to get some things handled and get ready for some other things. Apparently I hadn’t done enough training of Ronin and his post just didn’t go up. Thursday and this week are another matter all together. Without giving up the secret process behind how we come up with posts around here I’ll explain. I attended my last law school classes last Thursday. Celebrations, some important matters and what not had me otherwise unable to get things done. But I’m back. The fellas are back. So lets get to the fun part shall we?

Hacktivism

Monday you saw that we participated in the Anonymous CISPA protest by doing the blackout. You may have noticed that I put a disclaimer in that we were partnering for the limited purpose of the protest.  I have to do things like that to keep from having issues with people associating me and WDDIJ with the proactive actions of said Anonymous.  Which brings us to the subject of today’s post. Why is hacker based activism looked down upon and considered so criminal?

The first thing I’m sure people worry about is the effect. But who is to blame for that? Here’s what I mean. The main worry is that hackers with the right amount of talent and time could smash through the firewall at say your local bank and loot your account. More dangerously they could hack into an electric company’s servers and turn the power off, or hold it for ransom. These are worries, fairly reasonable ones given humanity’s greedy nature. But this is a bit like the Facebook announcement about instagram being able to use your photos for ads. For the majority of people this is no cause for concern. No one is going to hack into your student checking account and take your last 20 dollars. Sure someone could, but it is about as likely as someone hacking in and putting more money into your account. Also possible, but not likely.

I also think about the effect hackers in popular and underculture have on society at large. Since computers became more prevalent Hollywood has made them far more powerful than they really were. Look at War Games from 1983 That computer Ferris Bueller is using hack and play with the computer at NORAD wasn’t even up to running everybody’s favorite Apple LLe game Oregon Trail.(Feel special if you were able to get on the “fast” computer in your elementary school computer lab) And that movie is tame compared to the Hacker love affairs that came latter. I love long and short hair Angelina Jolie like the next guy. But never is she more absolutely insane slap my mo…slap my other two bloggers worthy than in Hackers back in 1995, As much as Hackers and Swordfish and a ton of other random movies with computers and hackers in them are awesome they are wildly inaccurate. So much so Cracked. com has this article about the subject.

So we have this overinflated, largely false, impression of hackers. Most of them are your IT guy at work with more time on his hands and fewer scruples trying to see exactly what he can do. Anyway let’s get into the reality of it all. People fear advancing technology. I’m not going to name drop much more in this post but I read Questionable Content. The artist/author said something even more profound that I’m sure was realized when he wrote the line of dialogue. “Technology is advancing at such an alarming rate now that humans have to act as though it is normal or we will be overwhelmed.” Not exactly the line, but the point comes across better this way. The statement is true. Fellow 80’s babies have gone from glorified calculators and the hidden snake game in Qbasic to 1080p gaming where I swear half of it is real.

How does this relate to our buddies with the Guy Fawkes masks? Exactly like I’ve been alluding to. In reality Anonymous is a loose association of individuals with like minded goals for a particular purpose. And while very cryptic words are being used to describe their actions they really aren’t that bad when you get them explained in normal terms. For instance. One of the tried and true scare tactics when those guys are brought up is the use of DDoS attacks on servers. That sounds omnious no? Like some kind of massive super assault by every hacker on the planet like the end of the movie hackers. Relality is so much calmer. Think of it like owning a store with one door for customers. Now what you think are people here to buy show up. Say 200 of them. You think AWESOME! the line is out of the door and people seem to be patiently waiting. But one by one they come to the counter look for a 30 seconds and say “Can I have a minute? Help the next person.” And then they wait to the side. Over and over this happens. Filling the store with people just looking at the menu. Or trying to get in line. Nothing is getting broken or bothered just a small horde of humanity who doesn’t seem to mind taking eternity to figure out what they want. Just like those people in line ahead of you at a fast food joint like McDonald’s. Looking like they never have heard of the place before. You’d get frustrated and shut things down so you could get a grasp and get back to order right?

Think of that next time someone brings up DDoS. Is that criminal? Can it really be criminal? The idea being that normal increased traffic could do the same shutdown. When a website runs a contest or when EA or Ubisoft or Blizzard release a game and haven’t gotten enough server space to deal with the clear amount of traffic for their illegal always on DRM software(I swear that article is coming) the same thing happens. Yes Anonymous does from time to time have segments that straight up go wholesale slaughter on companies. Sony I’m sure has learned to not mess with them. But when has picking a fight not gotten something instigated? You tell me your bourbon is Ruthless Wonder proof, I’m gonna grind hard to figure out a way to get some. And we’ll leave alone the outting of pedophiles. If you’re reading this and think I’m wrong for supporting them taking that info and putting it on blast so the authorities can handle it. Well, they’re coming for your computer. We know what you’ve been googling.

But why should this be criminal? Why is any of this(save the sony hacking cause man I wanted to do some online gaming) something the courts need to deal with? Because fear. Seriously comment and disagree if you like but as we become complacent with advances in technology we also seem to have a fear of it. I think it is evolution screwing with us again. Anything too large and unknowable inspires fear. Even if it is helpful. Look at every advance in thought and technology. Look at every political idea. Hacktivism is no different. Now I’m going to get very US specific here so a disclaimer: [I am not a lawyer yet. This is not nor is it intended to be legal advice or an offer of providing legal advice. If you are wondering about the legality of digital methods of protest, call a lawyer. Before you do it call a lawyer. I am not one yet. When I pass the July Bar I’ll let you know.] If one does not do damage or otherwise cause damage to occur is it a lawful peaceful protest? If a person is exercising their civil rights by assembling isn’t that protected? Wouldn’t their speech also be protected from everything but time place and manner restriction that were applied equally?

SO I submit to you this question. Isn’t DDoS just a digital version of the same? A digital sit in? An online rally? Aren’t things like hacking the displayed index page of the Westboro Baptsit church(excuse me, I have to vomit when I think about also belonging to a baptist church) The same as burning 2 Live Crews tapes in the 90’s? Those borderline eco terrorists on that Whale wars show? PETA? Women burning bras in the 70’s? Marching on Selma, and Birmingham, Washington, and everywhere else? These are physical protests using our physical bodies. Why then aren’t digital protests protected in the same fashion? Can it really just be that the courts have not caught up to the ideas of the digitial age? Well yes partially. But is there more? I don’t really have further answer on that for now. Instead, when I agree with Anonymous and groups like them I say so and do so. When I don’t, I make it a point to show our separation. Maybe when I’ve officially got esquire behind my name I’ll try and represent them when they get in trouble. Until then I’m just a blogger. trying to talk about freedom. Trying to talk about protests in the digital age. But I have to stop here because words just don’t do it justice.

– THE Ruthless Wonder 

*See Glossary for word definition

Hands Off My social media(and some things we just had to say)

A MASSIVE Thank You

So this post took a bit longer to get up because we noticed that something HUGE happened. As you may know we reached 200 unique views by the end of March with only 5 posts and 27 days to do it. Well as has been verified today we hit 420 early today! That’s less than 2 weeks and we’ve doubled with only 4 additional posts up. On behalf of Words Don’t Do It Justice, Ronin, Roddi P. and myself THE Ruthless Wonder we want to say a very sincere THANK YOU for turning our little project into such a success in such a short time. Keep Reading, bring friends, and If anyone gets Zoe Saldana to read and comment I will put you in my will.

Recap of THE Ruthless Wonder of Words Don’t Do it Justice meets

Panama Jackson from Very Smart Brothas 

Before I get to the point of this post I want to talk really quick about my web conference with 1/3rd of Very Smart Brotha, Panama Jackson. Now a couple of friends were in for it as well so I was sharing questions, but in the short version everything was great about it. Most people know about the pilot they are working on so I don’t think I’m dropping any exclusives there. The reason of course I got the chance to talk with Panama was because I was one of the backers for the pilot’s production. That should be it for disclosures.

So at first we had some major trouble with the skype call staying live. How much trouble? I’m pretty sure the call kept dropping every 90 seconds. It got to the point we were blaming racism, Fox News, and Panama’s clearly horrible internet connection enough that I told him I would be making jokes at his expense in a blog post because of it. But his horrible media training aside(yeah I just called myself a member of the media), we got to the important bits and really got to hear more about the innerworkings of VSB both the blog and the show itself. It’s an odd moment when you start talking to someone that far up the food chain in an arena you’re just starting in. I think if I had been alone on the call it may even have gotten intimidating…okay maybe not, I am THE Ruthless Wonder after all.

On a serious note though I got great advice from him for things like Words Don’t Do It Justice. I got an update on the show’s pilot which appears to be finished and ready for a launch party soon. And some friends who are huge fans got a chance to ask a couple questions, laugh alongside me, and hopefully a new reader over here at WDDIJ. Oh and a guest spot on the show, and a press-pass for the launch party, and a producer credit, and signed copies of the upcoming book, and an all expenses paid trip for me and 200 KC ninjas to the next meetup…okay maybe the last bit didn’t happen. Anyway. Thanks again Panama. And now for something completely different.

Social media as evidence

So this is the first more legal realm focused posts from me. Which means I need to explain a few things. First, while there may in fact be a paper or some other scholarly version of my points on subjects like this, blog posts like this one are not meant to be hardcore journal article like entries. I may well release an article in the future, but these are not, nor are they intended to be that. All you law students and lawyers content with those disclaimers? No? Okay. This is my own personal opinion not cited research. This is not nor is it intended to be construed as anything more than a blog post and discussion starter.

So let’s get to it. I don’t mean that social media should never be used as evidence. Now I’m much more specific with my thoughts here. I mean in the very limited purpose of showing a person’s intent and state of mind. You lawyers, and law students, especially the trial fans know where this is going. Federal Rules of Evidence 803(3) covers  Then-Existing Mental, Emotional, or Physical Condition. “A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.” That little loophole for hearsay is the result of one of my least favorite adoptions of court doctrine. The Hillmon Doctrine as you will or have come to know it by is something of a problem in modern society however.

Why? You may ask yourself reading this. Because the idea behind the Hillmon Doctrine being turned into 803(3) was that the expressed intentions of a person have the same inherent basis in truthfulness that the rest of the Hearsay exceptions have. Now you may be thinking that 803(21) concerning a person reputation among the community or with associates has the same problem. But it doesn’t, and allow me to get rid of why right now before we move on. 21 is concerning not the reputation, which may in fact be an incorrect assumption by the group used, but the fact that it exists. What do I mean? You may be a drug dealing, pot smoking, woman beating, tax cheating, cannibalistic murderer. But if your reputation is of a church going, single, birthday clown among your associates and the community, nothing about having someone testify that is the case is untrue. The existence of a type of reputation is the thing being tested not the actuality of a person’s character.

That brings us back to 803(3). The thing being tested is the truthfulness of the intentions. In Hillmon the idea was that a person expressing their intent to do something to another person is beyond evidence contrary going to follow through. Thus we can take their intent at face value. Can you already see the problem here? Seems like a thousand pound gorilla with a keyboard in the corner doesn’t it? The problem is the very nature of the internet itself. Since it became a part of mainstream culture in the 90’s in America(sorry if you’re reading this internationally, I’m working with American laws, I had to cut it off somewhere), the internet has always been about anonymity. But even more so it has been about the separation between our virtual and physical existence. In reality you might be king or pauper. Heck you might be the sworn enemy of someone, but you both are guild members on World Of Warcraft(Disclaimer: I don’t now nor have I ever played WOW, but at this point I’m in the minority because of that).

The idea is that who you are online is not necessarily fully indicative of who you are in reality. In fact the use of the internet really has changed what we mean by reality. You have an or offline life. Or your real and virtual self. The point is it is part of you but you may not approach it as you would physical interactions with other humans. And that is something we’ve come to expect. Something that society at large uses and is accustomed to. But with that comes our separation from what we see online. The same way we know that the way celebrities might be during an interview is not always how they are in person. Or an athlete with the media after a game versus with fans. Because the internet is very much an exaggeration of that separation a person’s online persona might be massively different from who they are away from it. (Sidenote: I’m am just as Ruthless off the keyboard as I am on it, nice try.)

Who this ties in to 803 is social media. Without looking at your facebook, twitter or message board, think about when the last time was that there was superfluous or hyperbolic statement you saw. Wasn’t that long ago was it? We do it all the time. From meme posting, to arguments with different kinds of fans, to many more statements I don’t have time to list. For the most part these types of states may in fact be how we feel or think but may not reflect the reality of our physical existence. What do I mean? Well let’s use your Ruthless Wonder as an example. If I were to say I’m about to meet with Zoe Saldana, you might think that was a true statement and then think “Hey that’s awesome for Matt. Glad he got to meet his pipe dream.” But if I were to say that “Ms. Saldana-Williams and I would like you all to keep reading Words Don’t Do It Justice.” You would know I haven’t married her, but am just being generally fan boy about it all. That is a very important distinction. And one that we don’t make with other mediums. If I made the same statement in a newspaper article, or tv ad it would be more likely to be true without a disclaimer.

At present though if a person were to use social media to say something like “Mr. R.W. Griffthonshirehamington is an insufferable prick and his book is trash paper dripping with fecal matter in place of ink. I’m going to burn his house down.” If R.W.G. has his house burned down by arsonists you can be drug into court and this statement used against you.  Why? Because your post matches with the situation that occurred. Now additional evidence can be used by you to negate this, but let’s say you did that then went to sleep at home in your apartment alone? And R.W.G. is in the same city. Now you’re looking like the likely arsonist even though you and I know you’re asleep. Forget being found innocent. Think of your expenses and effects just defending yourself from the arrest until the proof comes out. It may take through the entire trial. So you’re out incredible amounts of money in comparison to what you’re used to spending. Now what if that post of yours was not the basis to even begin dragging you through the legal system.

But lets look broader than just the in court effects and the cost of defending one’s self. Let’s look at the effect that such an open change would have. It increases your personal privacy rights. Should the path be followed it would mean a cleanup in the way social media is used in relation to employment law cases. That question about the legality of using an employee’s facebook or twitter as a good cause for termination might finally be answered in a satisfactory fashion for all the in house counsel, and employers out there. Clarity is a good thing. It brings us a more efficient system that is easier to navigate for both client, and attorney. But let’s go back to that privacy argument. Some might say that there is a slippery slope to giving social media this loophole. That it could lead to the inability to log IP addresses since isn’t that supposed to be private. That it would make things like Anonymous’ posting the personal information of known and suspected pedophiles illegal and let them go free more easily. And they are wrong.

Anonymous already operates in a legal gray area because of the advance communication and the internet and the relatively slow pace of regulation. The lack of regulation isn’t actually a bad thing as it allows us as a society to decide what we want this link to be instead of being told what it is. But what we do know could be illegal is the entry onto the servers of the websites to gather the personal information. If you notice that has nothing to do with the social media…or does it? If someone like Anonymous was going into Facebook or into some pedophile filled version of twitter or myspace and was using the status messages, groups, likes, and similar information to base who to target this would include them right? But the key is that independent of the statement the intent could be verified. Makes a big difference.

So what am I talking about in the end(consider this the too long didn’t read version)? Observe the current status of most statements via the internet in social media. And create a new rule for hearsay of this nature so that it can be handled more fluidly. A sort of social media doctrine. “A statement on an internet website of a social nature, being used for the truth of the matter asserted, may not be used the show the declarant’s then existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health) unless able to be verified through an additional statement that is not hearsay.” Yeah I like that. I think it would work nicely and it is easy to implement and use. Also quite obviously this is a heavily condensed version of my views. And just like that conspiracy rant remember that I likely have more to say and backup for it. I just didn’t want this blog post to break into the 9000 words territory.  If you want to talk more leave a comment, and we can discuss. Just like a buddy of mine and I have already. For now though I’m off to see Evil Dead and later 42. Who knows, since Roddi isn’t ready yet there may be a weekend with Ruthless movie review. I promise it won’t be this long. This topic was just so big to me that less than a thousand Words Don’t Do It Justice!

 –          THE Ruthless Wonder