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Subject: TELECOM Digest V23 #336

TELECOM Digest     Fri, 16 Jul 2004 18:01:00 EDT    Volume 23 : Issue 336

Inside This Issue:                             Editor: Patrick A. Townson

    Government Oversight and Protecting VoIP (VOIP News)
    Fortune Magazine Article on Jeffrey Citron (VOIP News)
    IRS Denies VoIP Tax Plan Claims (VOIP News)
    Re: Power of the Net in Next Election (David Esan)
    Re: Power of the Net in Next Election (Wesrock@aol.com)
    Re: Power of the Net in Next Election (Linc Madison)
    Re: Power of the Net in Next Election (Paul A Lee)
    Re: Power of the Net in Next Election (Daniel W. Johnson)
    The Net and Politics (Charles Cryderman)
    Re: Getting Out of Norvergence Contracts (Londa Raymer)
    Share Day for July, 2004 (TELECOM Digest Editor)

All contents here are copyrighted by Patrick Townson and the
individual writers/correspondents. Articles may be used in other
journals or newsgroups, provided the writer's name and the Digest are
included in the fair use quote.  By using -any name or email address-
included herein for -any- reason other than responding to an article
herein, you agree to pay a hundred dollars to the recipients of the
email.

               ===========================

Addresses herein are not to be added to any mailing list, nor to be
sold or given away without explicit written consent.  Chain letters,
viruses, porn, spam, and miscellaneous junk are definitely unwelcome.

We must fight spam for the same reason we fight crime: not because we
are naive enough to believe that we will ever stamp it out, but because
we do not want the kind of world that results when no one stands
against crime.   Geoffrey Welsh

               ===========================

See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest.  

----------------------------------------------------------------------

From: VOIP News <voip news>
Date: Fri, 16 Jul 2004 10:10:58 -0400
Subject: Government Oversight and Protecting VoIP
Reply-To: VoIPnews@yahoogroups.com


http://www.technewsworld.com/story/35147.html

INDUSTRY ANALYSIS:

By Sonia Arrison
TechNewsWorld 

Sununu's bill, called the VoIP Regulatory Freedom Act, would put an
end to this state meddling, although it would still force VoIP firms
that connect to the public phone network to "contribute, directly or
indirectly," to universal service. Of course, state regulators aren't
the only ones targeting VoIP.

The Senate Commerce Committee will soon vote on a bill to bar states
from meddling with Voice over Internet Protocol (VoIP), which allows
the Internet to be used like a telephone.

The bill by Sen. John Sununu (R-New Hampshire) is one of many
reactions to a growing movement from states and other pro-regulatory
types to control VoIP.

[.....]

Public Utility Commissions in a number of states, including
California, New York and Minnesota, are working to milk the new
service for as much as they can get, but in the process there is a
serious risk they will strangle VoIP before it can create the
telecommunications revolution everyone is expecting.

Sununu's bill, called the VoIP Regulatory Freedom Act, would put an
end to this state meddling, although it would still force VoIP firms
that connect to the public phone network to "contribute, directly or
indirectly," to universal service. Of course, state regulators aren't
the only ones targeting VoIP.

Full story at:
http://www.technewsworld.com/story/35147.html

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/
 
------------------------------

From: VOIP News <voip news>
Date: Fri, 16 Jul 2004 11:18:44 -0400
Subject: Fortune Magazine Article on Jeffrey Citron
Reply-To: VoIPnews@yahoogroups.com


http://www.fortune.com/fortune/smallbusiness/technology/articles/1,15114,594529,00.html

DISRUPTIVE TECHNOLOGY
Talk Gets Cheaper

Jeffrey Citron's last venture got him banished from trading
stocks. Now he's getting aggressive in a hot new industry -- routing
phone calls over the Internet.

By Julia Boorstin 

If Jeffrey Citron feels tarnished by his recent legal problems -- he
did, after all, pay a staggering $22.5 million settlement to the SEC
just last year -- he isn't letting on. He's brashly holding forth,
seated at a makeshift conference table, which is covered by a cheap
white tablecloth. The topic: his latest brainstorm-turned-business
called Vonage. 

The 33-year-old Citron, who never went to college, is so wound up that
h e jumps to the next idea before he finishes the last one. "Right?"
he'll ask repeatedly, trying to confirm that his point is understood
before he nails the next one. He's so energetic he'll simply stand up
mid-sentence, unable to stay still. "My involvement in any company is
very emotional," he says, hours before he flies in his private jet to
congressional meetings about potential industry regulation. "I commit
every bit of energy and resources I can afford."

Surely he has ample reserves of both. Since 2002 he's invested more
than $30 million of his own money -- collected from two earlier
ventures that were acquired -- to start Vonage (pronounced VOH-nij),
an upstart in the newly crowded field of Internet-based phone
companies. This service allows residential and small-business users to
make phone calls that are routed primarily over the Internet at
cheaper rates than conventional phone service.

Full story at:
http://www.fortune.com/fortune/smallbusiness/technology/articles/1,15114,594529,00.html

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/

------------------------------

From: VOIP News <voip news>
Date: Fri, 16 Jul 2004 11:49:16 -0400
Subject: IRS Denies VoIP Tax Plan Claims
Reply-To: VoIPnews@yahoogroups.com


http://www.internetnews.com/infra/article.php/3382131

By Roy Mark 

The Internal Revenue Service (IRS) and Treasury Department strongly
denied Thursday they are considering an excise tax on Internet
telephone calls or any other IP-based services.

On July 1, the IRS published in the Federal Register a request for
public comments on changes in the telecommunications industry since
1965, when the tax code was last updated to define telecommunications
services. Based on those definitions, the IRS currently imposes a 3
percent excise tax on telecom services.

The notice prompted a media account saying the IRS was planning on
taxing Voice over Internet Protocol (VoIP) services. A week later, the
story was referenced at a U.S. House hearing on possible VoIP
regulations.

"Nothing in the notice said anything about taxing VoIP, and that is
not under consideration by Treasury and the IRS," Treasury
spokesperson Terra Bradshaw told internetnews.com. "Any report to the
contrary is simply incorrect."

Full story at:
http://www.internetnews.com/infra/article.php/3382131

------------------------------

From: david_esan@hotmail.com (David Esan)
Subject: Re: Power of the Net in Next Election
Date: 16 Jul 2004 07:37:11 -0700
Organization: http://groups.google.com


> [TELECOM Digest Editor's Note: Correct me if I am wrong: I believe
> the term of office is 4 years but any given person can serve up to
> two complete terms maximum. I believe this came about at the urging
> of Republicans in 1950 when President Truman was in office, because
> they (Republicans) were quite annoyed at President Roosevelt getting
> *four* terms in office, even though he died about a year after getting
> elected the fourth time. Since normally any changes voted into law
> do not affect the incumbent but only his successors, Truman could
> have theoretically been around for many more years. So the Republicans
> got Eisenhower in office in 1952. He was an enormously popular
> president and the Republicans were sorry (in 1960) when he wound up
> having to leave office also because of those rules they (Republicans)
> had passed several years before.  

> I do believe in 1968 when President Johnson was finishing his term in
> office, the Democrats were going to run him for a second (complete)
> term (recall, he finished the final year of Kennedy's term) but they
> would not let him do that, since if he *had* won (instead of Nixon)
> his two complete terms *plus the extra time left over from Kennedy*
> would have run him past the statuatory length of time allowed in
> office, under the new rules.  PAT]

Oy, are you wrong.  The amendment states that a person can only be
elected to the presidency twice.  It then continues that a person who
takes over for a president, and is president for more than 2 years
before the election, is ineligible for a second election.  In other
words, one can serve a year (November 22, 1963 to January 1965), and
be re-elected in November 1964 and November 1968.

Johnson removed himself from the election after the strong showing of
Eugene McCarthy in the New Hampshire primary.  Johnson then watched
the Democratic coalition fall apart, as Bobby Kennedy declared for the
presidency, and threatened to split the party, and allow the
Republicans to win the election.  He declared that he would not run
again, leaving the nomination open, and leading to the chaos of
Chicago 1968, and the election of Nixon.

------------------------------

From: Wesrock@aol.com
Date: Fri, 16 Jul 2004 11:13:10 EDT
Subject: Re: Power of the Net in Next Election


In a message dated Thu, 15 Jul 2004 18:14:10 UTC Bill Ranck <ranck@vt.edu> 
writes:

> Yes, *Congress* can set the date of the choosing, and of the voting of
> the electors, not some appointed board or other group.  I really can't
> see Congress delegating that authority.

Nor is there any basis for thinking the Congress would have the
power to delegate such authority.

> There is also the clause
> which says the term of the President and Vice President is 4 years.
> So that sort of limits how much even Congress could delay an election
> if they don't want to start a real Constituional crisis.

The 20th Amendment provides that the Presodent's term of
office ends at noon on January 20.  That is constitutional, not
statutory, so Congress could not change it.  (Incidentally, this
change did apply to the incumbent, FDR, and so shortened his first
time by the number of days between January 20 and March 4, the old
date.)

> [TELECOM Digest Editor's Note: Correct me if I am wrong: I believe
> the term of office is 4 years but any given person can serve up to
> two complete terms maximum. I believe this came about at the urging
> of Republicans in 1950 when President Truman was in office, because
> they (Republicans) were quite annoyed at President Roosevelt getting
> *four* terms in office, even though he died about a year after getting
> elected the fourth time.

It had always been traditional for presidents to serve only two
terms until FDR got elected four times.  I don't recall any feeling
that it was the Republicans specifically want the two-term
limitations; many in both parties through two terms was enough.

"Normally" presidents had served only two terms before FDR.  The
22nd amendment (the two-term amendment) specifically says it does not
apply to a president in office at the time.

> I do believe in 1968 when President Johnson was finishing his term in
> office, the Democrats were going to run him for a second (complete)
> term (recall, he finished the final year of Kennedy's term) but they
> would not let him do that, since if he *had* won (instead of Nixon)
> his two complete terms *plus the extra time left over from Kennedy*
> would have run him past the statuatory length of time allowed in
> office, under the new rules.  PAT] 

The 22nd Amendment specifically covers the situation, with two
years of the previous term being the dividing line.  The "extra time
left over from Kennedy" was from Nov. 22, 1963 to January 20, 1965,
less than two years, so he was entitled to run for two full terms.

I don't know who the "they" are who would not have let him run
for a second full term, since this is covered in the constitutional
amendment, not statutory law.

Johnson chose not to run for a second full term, probably mainly
because the hostility of the opposition to the Vietnam war led him to
think he would have great difficulty winning.


Wes Leatherock
wesrock@aol.com
wleathus@yahoo.com

------------------------------

Subject: Re: Power of the Net in Next Election
Date: Fri, 16 Jul 2004 10:35:25 -0700
From: Linc Madison <lincmad@suespammers.org>
Reply-To: lincmad@suespammers.org
Organization: California resident; nospam; no unsolicited e-mail allowed


In article <telecom23.334.5@telecom-digest.org>, <ranck@vt.edu> wrote:

> Charles Cryderman <Charles.Cryderman@globalcrossing.com> wrote:

>> Well Bill I got bad news for you. The Constitution has nothing in
>> it about holding elections. There are laws made by Congress and
>> which Congress has the power to change or void. But a
>> Constitutional amendment is not necessary. The only thing the
>> Constitution specifies is that the "electors" cast their votes.
>> Nothing about the people voting.

The selection of electors isn't the only thing on the ballot in
November. There's also a little thing called Congress, so you might
want to check Article I, Section 4.

> [TELECOM Digest Editor's Note: Correct me if I am wrong: I believe
> the term of office is 4 years but any given person can serve up to
> two complete terms maximum.

The actual limit is 2-1/2 terms. Specifically, no person can be
elected three times, and any person who has served more than two years
without being elected as President (i.e., a Vice President or other
officer of the government who becomes President by succession) can be
elected to only one additional term.

Thus, since LBJ had served less than two years of JFK's term, he was
eligible to run again in 1968. His decision not to run was based on his
own lack of popularity at the time, not on any legal limit. On the
other hand, Gerald Ford served more than two years of Nixon's second
term; about 29 months, to be exact. Thus, Ford was eligible for only
one full elected term.

That part is in the 22nd Amendment, which was ratified in 1951.
Technically, Truman could have run again, since the 22nd didn't apply
retroactively ("this article shall not apply to any person holding the
office of President when this article was proposed by the Congress"),
but Truman abided by the clear desire of the people and did not run in
1952.

Incidentally, the "unnamed source" for the story about the plan to
postpone the elections was DeForest Soaries, the head of the Election
Assistance Commission, which was created by Congress to ensure that we
have a smooth election without the disruption and uncertainty we had in
2000. That's hardly what I call an "unnamed source," especially since
Soaries' plan is that the EAC be given the authority to postpone the
election. (I don't care that an "unnamed source" leaked Soaries' letter
to Tom Ridge; the fact remains that the letter is authentic and signed,
and the discussion is real.)

Clearly, the United States needs to think about contingency plans in
case we do have a terrorist attack on or near Election Day. Here's just
one scenario: suppose it's late in the day on November 2nd. The polls
have closed everywhere except the west coast. Suddenly we have a major
terrorist attack in Los Angeles, with thousands dead and maybe
thousands more injured or missing. What do we do? Clearly, the
California election cannot be completed on schedule. However, the
Constitution *does* say that the electors shall be chosen on the same
day throughout the United States. Does that mean that the election in
Maine has to be tossed out and subjected to a re-vote, since California
will have to re-vote? For that matter, do we suspend the election if
the attack happens five minutes before the polls close? What about 45
minutes? Two hours? What's the limit? Do we still count the original
absentee ballots if we have a re-vote? How do we ensure that partisan
interests don't influence the decision to suspend the election?

That last bit is a key element: any plan for creating even a
possibility of postponing the election on a national basis, must be
completely non-partisan. I would say that every single political party
or campaign that has even just one candidate on the ballot in one
Congressional district, must have a seat in the discussions, and any
decision to postpone the election should be made by a 2/3 majority
(maybe even 3/4), with the Democrats and Republicans both having veto
power. If the election is postponed with any narrower mandate than
that, the suspicions of the people will be impossible to quell.


Linc Madison  *  San Francisco, California  *  lincmad@suespammers.org
<http://www.LincMad.com> * primary e-mail: Telecom at LincMad dot com
All U.S. and California anti-spam laws apply, incl. CA BPC 17538.45(c)
This text constitutes actual notice as required in BPC 17538.45(f)(3).
DO NOT SEND UNSOLICITED E-MAIL TO THIS ADDRESS.  You have been warned.

[TELECOM Digest Editor's Note: I have heard many complaints over the
years about the different time zones also causing problems for west
coast voters. i.e. having the winner of the election announced before
the polls had even closed on the west coast. A solution was proposed
which would mostly alleviate that problem at least; change the hours
the polls were open so that everyone would be voting 'at the same
time'; in other words, voting is usually a 12 hour period, frequently
6 AM to 6 PM, local time. 

The idea presented was, use the central time zone as the 'base',
having central open and close at 7:30 AM to 7:30 PM Central; Eastern
would be 8:30 AM to 8:30 PM; Mountain would be 6:30 to 6:30; Pacific
would be 5:30 to 5:30. All of these on local time. In other words, all
at the same instant. Some would be inconvenienced by starting a bit
later and closing a bit later, while others would start and close a
bit earlier, all of them getting the same 12 hour window. Alaska and
Hawaii would be an exception, with voting on *Monday night* for three
or four hours, and again on Tuesday from sometime 6 or 7 AM through
early afternoon. Pacific Territories would vote on *Monday* for a 12
hour period noon through midnight more or less. Since the media seems
to prefer the east coast as their source of news in these things, they
could do their reports when the polls in New York closed at 8:30 PM
Eastern, after California had just closed, and possibly 30 minutes to
an hour before the polls closed in Alaska and Hawaii. A nice, tidy way
of doing it.  PAT]

------------------------------

Organization: Rite Aid Corporation
From: Paul A Lee <palee@riteaid.com>
Date: Fri, 16 Jul 2004 10:14:50 -0400
Subject: Re: Power of the Net in Next Election
Reply-To: telecom-news@yahoogroups.com


In TELECOM Digest V23 #334, our esteemed Editor noted (in part):

> I believe the term of office is 4 years but any given person
> can serve up to two complete terms maximum. ...

 From Amendment 22 of the U.S. Constitution:

   "No person shall be elected to the office of the President
    more than twice, and no person who has held the office of
    President, or acted as President, for more than two years
    of a term to which some other person was elected President
    shall be elected to the office of President more than once."

> I do believe in 1968 when President Johnson was finishing his
> term in office, the Democrats were going to run him for a
> second (complete) term (recall, he finished the final year of
> Kennedy's term) but they would not let him do that, since if
> he *had* won (instead of Nixon) his two complete terms *plus
> the extra time left over from Kennedy* would have run him
> past the statuatory length of time allowed in office, under
> the new rules.

No, Johnson _would_ have been eligible to run for a second term, since
he had only served about 14 months of the term to which Kennedy was
elected. It was in 1968 that Johnson made his famous "I shall not
seek, and I will not accept, the nomination of my party for another
term ..." address.

Rereading Amendment 22 got me to thinking: It looks like it would be
quite possible for one person to serve more than two terms as
President.

Let's suppose Smith is elected as President and Jones as Vice
President. Two years and one day into his term, Smith resigns, dies,
or is otherwise removed from office. Jones succeeds Smith as
President.

According to Amendment 22, Jones is still eligible to be elected twice
to the office of President, since he served less than two years of
Smith's term. If Jones is elected twice, he will serve a total of 10
years minus 1 day as President.

Take it one step farther: After serving as President for one day short
of 10 years, Jones runs for Vice President again, on a ticket with
Brown. I didn't find anything in a quick search of the Constitution
that would prohibit that.

Brown and Jones are elected. One week into his term as President,
Brown keels over from a massive pulmonary embolism. Jones becomes
President again, for another nearly four years. Nothing in the
Constitution to prevent that, as far as I can see.

There doesn't appear to be anything in the Constitution to prohibit
one person from serving as President for quite some time, with a
little conniving.


Paul A Lee			Sr Telecom Engineer	<palee@riteaid.com>
Rite Aid Corporation	HL-IS-COM (Telecomm)	        V: +1 717 730-8355
30 Hunter Lane, Camp Hill, PA 17011-2410		F: +1 717 975-3789
P.O. Box 3165, Harrisburg, PA 17105-3165		W: +1 717 805-6208

[TELECOM Digest Editor's Note: I don't think he is eligible to serve
as Vice President under President Brown since there is always the
possibility Brown *could* be impeached (after a week in office!),
be murdered by the Secret Service, or otherwise become incapacitated
as you suggest, and with the consitutional prohibition against one
person serving as president more than 2.5 terms, it would be necessary
for him to recuse or resign the position immediatly. PAT]

------------------------------

From: panoptes@iquest.net (Daniel W. Johnson)
Subject: Re: Power of the Net in Next Election
Date: 16 Jul 2004 01:12:36 -0700
Organization: http://groups.google.com


> [TELECOM Digest Editor's Note: Correct me if I am wrong:

Okay.

> I believe the term of office is 4 years but any given person can
> serve up to two complete terms maximum.

Any given person can be elected to the office no more than twice.  Or
no more than once if they've filled the office for more than two years
of someone else's term.

http://www.archives.gov/national_archives_experience/charters/constitution_amendments_11-27.html

> I believe this came about at the urging of Republicans in 1950 when
> President Truman was in office, because they (Republicans) were
> quite annoyed at President Roosevelt getting *four* terms in office,
> even though he died about a year after getting elected the fourth
> time.

The twenty-second amendment passed Congress in 1947, although it did
take four more years to be ratified.

> Since normally any changes voted into law do not affect the
> incumbent but only his successors, Truman could have theoretically
> been around for many more years.

The amendment had an explicit exception for the term in which it took
effect, but not for any later elections.  If it had taken a couple
more years to be ratified and allowed Truman to run and be elected in
1952, he would have been able to finish out that term, but that would
have been it.

> So the Republicans got Eisenhower in office in 1952. He was an
> enormously popular president and the Republicans were sorry (in
> 1960) when he wound up having to leave office also because of those
> rules they (Republicans) had passed several years before.

Since Truman had served more than two years of Roosevelt's term and
then been elected to the office once, he was ineligible.  This is why
the Democrats didn't nominate him in 1952.

> I do believe in 1968 when President Johnson was finishing his term in
> office, the Democrats were going to run him for a second (complete)
> term (recall, he finished the final year of Kennedy's term) but they
> would not let him do that, since if he *had* won (instead of Nixon)
> his two complete terms *plus the extra time left over from Kennedy*
> would have run him past the statuatory length of time allowed in
> office, under the new rules.  PAT]

No.  He had served less than two years of Kennedy's term, so there was
nothing in the Constitution to keep him from actually being elected
twice.

[TELECOM Digest Editor's Note: And who sets up the rules for when the
conventions are held? I had heard the party seeking office always had
theirs first and the party in office always had theirs last. Is that
correct?  It is happening that way this time at least. 

And those poor people who live in the condominium across the street
from Madison Square Garden are certainly getting pushed around by the
Republicans. A memorandum given to the residents of the apartment
building by the security officers for the convention have told them
they have to stay in their apartments for the entire convention except
being allowed to come and go from work and then *only* go outside with
proper ID and that they will not be allowed to carry in any packages
to their homes (i.e. groceries, etc) during the convention or for a
couple days before it begins, nor have any visitors in their homes
that week. See this week's Village Voice for the complete oppressive
memorandum from the secret security police to residents.  I wonder why
the Republicans simply did not evict them all, drive them out of their
homes for good and get it over with.   PAT]

------------------------------

From: Charles Cryderman <Charles.Cryderman@globalcrossing.com>
Subject: The Net and Politics
Date: Fri, 16 Jul 2004 08:32:00 -0400


Pat,

I commented about how the net is going to be used by the supporters of
the President and Senator Kerry. How they will use it to provide
garbage to the voters and that many Lemmings will believe what they
read on the net as being true. Well I got a real life example for
you. This is from the group Fact Check. They are going over every add
on TV, radio and the net debunking the trash that is considered
"political advertising. I recommend everyone to sign up for their
e-mail alerts. You'd be surprise how many false ads are being
presented to us and the gall of them. Fact Check does permit the
sleaze advertisers to prove the claims, but you wouldn't be surprised
at how poorly they are able to.


Chip Cryderman

See:  http://www.factcheck.org/article.aspx?docid=218

Summary

An Internet ad by the anti-Bush group MoveOn PAC paints Cheney as a
fear-monger and Edwards as a candidate of compassion, trust and
hope. It uses snippets from speeches by each of the candidates,
artfully edited and enhanced with music and sound effects that play on
emotions.

Opinions will differ on whether this ad is misleading or not. Viewers
not paying close attention could get the false idea that Cheney was
predicting "the end of America" when in fact he was quoting an al
Qaeda operative -- and scornfully at that.

What we offer here is added context to show what was left out of the
ad, and our observations on some of the persuasion techniques used by
all political admakers to influence what viewers will think and feel
about what they are seeing.

Analysis

MoveOn PAC announced July 13 it was asking its 2 million members to
e-mail a new 60-second Internet ad to their friends, and to post it on
websites.

Painting a Picture

MoveOn PAC's news release describes the ad's intent:

MoveOn PAC: Using stark video images set to music and footage of the
candidates themselves, the ad paints a picture of Edwards' commitment
to an America that lifts people up and unites its citizenry in
compassion and trust.  Dick Cheney, on the other hand, is shown
promoting a climate of fear . (Emphasis added)

Is the picture accurate? How do the "stark images" and the added music
comport with reality? Let's dissect some of the techniques being used
here.

Editing Cheney

The raw material for this ad comes from two much longer speeches given
by the two candidates. Edwards spoke at a campaign event at Largo, MD
Feb 20 (when he was still running against Kerry for the nomination, by
the way), and Cheney was speaking to the conservative Heritage
Foundation way back on Oct 10, 2003.

One dubious bit of editing comes at the end of the ad, where Cheney
seems to be chanting "the beginning of the end of America, the
beginning of the end of America." How's that for fear-mongering?

However, Cheney did not repeat that phrase for emphasis as the ad
does. He said it only once. The repetitive editing is a clever
persuasion technique that turns the phrase into a mantra, subtly
giving it more weight than Cheney did himself.

More importantly, Cheney himself was not predicting the "beginning of
the end of America" -- he was quoting an al Qaeda member. To be sure,
the ad does flash the words "quoting al Qaeda" on screen, but anyone
who misses that disclaimer would get the impression that the words
were a gloomy prediction by Cheney.

Here's the way Cheney really said it:

Cheney: Since 9/11, we've learned much more about what these enemies
intend for us. One member of al Qaeda said 9/11 was the "beginning of
the end of America." And we know to a certainty that terrorists are
doing everything they can to gain even deadlier means of striking
us. From the training manuals we found in the caves of Afghanistan to
the interrogations of terrorists that we've captured, we have learned
of their ambitions to develop or acquire chemical, biological or
nuclear weapons. And if terrorists ever do acquire that capability --
on their own or with help from a terror regime -- they will use it
without the slightest constraint of reason or morality.

Of course, reasonable people could still see that as a message of
fear, and many do. On the other hand, Cheney's main point in that
speech was that America had been made safer:

Cheney: Today we do not face this prospect. There are terrorists in
Iraq, yet there is no dictator to protect them, and we are dealing
with them one by one. Terrorists have gathered in that country and
there they will be defeated. We are fighting this evil in Iraq so we
do not have to fight it on the streets of our own cities.

No sense of that message was in the ad, of course.

Editing Edwards

The ad also edits Edwards' words to leave out any hint of
negativity. Just before Edwards talks about "building America," for
example, he paints a dark picture of present-day reality:

Edwards: Just think about it for a minute. In a country of our wealth
and our prosperity, to have children going to bed hungry, to have
children who don't have the clothes to keep them warm, to have
millions of Americans who work full-time, every single day, working
for minimum wage to support their families and living in poverty --
it's wrong.

This is what you and I are going to do about it together: We're going
to build an America where we say no to kids going to bed hungry; no to
the kids not having the clothes to keep them warm; and no forever to
any American working full-time and living in poverty. Not in our
America. Not in the America you and I will build together. We can do
this.

Music and Effects

For those who might otherwise miss the point, the ad cues the viewer
by placing the words "compassion," "trust" and "hope" on screen as
Edwards speaks, and "FEAR" in pulsating capital letters as Cheney
speaks.

Behind Edwards' words the ad's soundtrack lays "subtle uplifting
music" (as MoveOn PAC's news release describes it), and behind
Cheney's words we hear the sound of an "ominous heartbeat."

And as Cheney is made to chant "the beginning of the end of America"
his image turns from full color to shades of red, signifying (we
suppose) blood -- or at least something evil.

We're neither disputing nor endorsing this ad's description of Edwards
as a man with an inspirational message, and Cheney as man spreading
fear. That's for voters to decide.

What we are saying is that watching this ad is a far cry from watching
what Edwards and Cheney said, directly and unedited. In the real
world, the audiences heard the whole thing -- and without music, sound
effects or graphics inserted by somebody telling them what they should
think about what they were hearing.

The same can be said for nearly all political advertising. Voters
should know that its aim is to persuade, not necessarily to
inform. And they should also be aware that even when words and images
are accurate, they can be manipulated, edited and enhanced to create a
desired impression.

Sources

Moveon PAC, "Voters Urged to Support Edwards' Message of Hope and
Trust Over Cheney's Message of Fear," news release , 13 July 2004.
Vice President Richard Cheney, " Remarks by the Vice President to the
Heritage Foundation ," Washington, DC, 10 Oct 2003.

U.S. Sen. John Edwards, Prince George's Community College, Largo, Maryland,
20 Feb 2004.

------------------------------

From: londa.raymer@raymerbook.com (Londa Raymer)
Subject: Re: Getting out of Norvergence Contracts
Date: 16 Jul 2004 13:18:50 -0700
Organization: http://groups.google.com


nrackeertu@cliornuwta.mailexpire.com (N. Rakeertu) wrote in message
news:<telecom23.334.12@telecom-digest.org>:

> hancock4@bbs.cpcn.com (Jeff nor Lisa) wrote in message: 

>>> The customers have plenty of defenses against Norvergence

>> Why would they?  The company went broke.  Companies do that all the
>> time and anyone who is owed money (customer or creditor) has to get in
>> line at bankruptcy court and file a claim.

> Because Norvergence didn't perform on its agreement to provide the
> service for 5 years. So for instance if Norvergence had kept the
> equipment rental agrements instead of unloading them to the finance
> companies, the customers could argue that they didn't owe Norvergence
> anything because Norvergence hadn't performed on the service part of
> the deal. By assigning greatly inflated values to the equipment part
> of the deal, and assigning the equipment stream of income to a third
> party, Norvergence made it much harder for the customers to resist
> payment to the third party assignees (because these assignees
> supposedly take the assignment as purchasers for value with no actual
> knowledge of customer defenses against Norvergence). That is why it is
> so important for the customers to band together and take action on
> their own behalf. It's almost certain that the financing companies
> will try to enforce the leases even though Norvergence is BK, and it's
> up to the customers to defend themselves (or continue to pay for
> nearly worthless equipment and no phone service).

> NR:>> What needs to happen here, in my view, is that the customers of
> >> the various leasing companies ... need to band together and file
> >> class action lawsuits against them.

> JNL > It depends on the amount of individual losses.  For some, the
> time, effort, aggravation, and legal fees wouldn't be worth it.  

> Right. Individual losses, though substantial (most Norvergence
> customers are probably looking at over $25,000 in payments over five
> years, and some will owe much more than that) make it difficult to
> justify a lawsuit, and it will be expensive to get the right amount of
> discovery done to prove that the financing companies knew what was up,
> at least at some point.  That's why the customers need to find each
> other and take action. If they don't, the financing companies will
> just pick them off one at a time and it will be difficult to resist.

> JNL > In the event that actual fraud (intentional deception) is found,
> then the district attorney should be brought in.

> Good point. It looks like Norvergence wasn't paying its telecom bills,
> and I've read complaints from employees that they weren't being paid
> their commissions due, so all that money from selling rental contracts
> must have been going somewhere. I wonder where it all went?

> N. Rackeertu

> [TELECOM Digest Editor's Note: Norvergence customers can find each
> other through a web site  http://www.norvergence-cit-fraud.com set
> up for them.   PAT]

The link doesn't work!!!

[TELECOM Digest Editor's Note: So I found out from several readers
today. I had *thought* maybe it was going to be a useful way for
Norvergece customers to communicate with each other. Silly me!  PAT]

------------------------------

From: TELECOM Digest Editor <editor@telecom-digest.org>
Subject: Share Day For July, 2004
Date: Fri, 16 Jul 2004 17:00:00 CDT


Instead of changing the Digest over to an advrtising supported forum,
I have always elected to keep it as a user supported forum, and for
the most part keep it spam and virus free. I am *only* able to do this
because of financial support from readers here, and if you would
rather not see these messages every month, then please pitch in and
help now and then!  Consider it sort of like public radio, which goes
on for days at a time trying to raise money ... and maybe I should
adopt the same system. Turn over the entire Digest once or twice a
year to fund raising (entire issues, etc) and stop doing it when the
budget for the year has been raised. But for now, I will stick with 
the present system of devoting a few messages at the end of each 
month to raising money for the Digest publication expenses. Out of 
400-500 messages per month, in a spam, virus free environment, two
or three (only) devoted to fund raising. You know who you are; please
provide some help here financially.  Especially you Norvergence 
customers I have tried to help here in the past couple months or so.
Maybe a gift of one month's worth of what you saved being warned
about Norvergence. It would work great here.

You can use Pay Pal to donate with a credit/debit card by going to our
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Patrick Townson, Editor/Publisher
TELECOM Digest

------------------------------

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End of TELECOM Digest V23 #336
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