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New threats to LGBT free speech rights

Loss of net neutrality, globalization treaty could doom some content

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FCC, businessman, laptop, gay news, Washington Blade
FCC, businessman, laptop, gay news, Washington Blade

Absent strong government response, a cocktail of two repressive policy changes could push controversial sites off the Internet.

By SEAN HOWELL & PETER IAN CUMMINGS

Few could argue that the Internet hasnā€™t revolutionized gay life. A generation came out on the web, with freedom to launch a website based solely on popularity. We both did that, creating the social networks XY and Hornet. (In fact, equal Internet access may be how you found The Blade.)

That open culture could end soon, unless the Federal Trade Commission and Obama administration strongly defend free speechā€”not just by words, but by actions. Otherwise, independent voices on the Internet could be replaced by corporate websites or wealthy subsidiaries of Comcast, Google, AOL, and Facebook; or silenced altogether.

Absent strong government response, a cocktail of two repressive policy changes could push controversial sites off the Internet. The first is the loss of net neutrality.

In January the Circuit Court of Appeals for D.C., in Verizon v. FCC, struck down FCCā€™s Open Internet Order, which had required Internet Service Providers (ISPs) to carry all traffic, at the same speed, without extra charge to providers. For example, under the stricken rule, Washingtonblade.com streams at the same speed as a mainstream site like AOLā€™s Huffington Post.

But now, each ISP could make deals with sites willing to pay, or excommunicate controversial sites it dislikes. Or ISPs might mirror chain stores that replace brand names with in-store brands. For example, Comcast could replace gay newspapers and sites with ComcastGay.com, collecting advertising revenue from such generic sites.

Now, perhaps some ISPs wonā€™t take advantage of their new powers to charge powerful media companies for speed. But many willā€”for profit, political reasons or both.

One might expect aggressive FCC and White House action protecting free speech. Think again. The administration is pushing the semisecret Trans-Pacific Partnership (TPP), a new globalization treaty requiring ISPs here and around the Pacific to read (a.k.a. deep-monitor) the Internet and report violations to international law enforcement. That puts enormous regulatory and compliance requirements on social and news websites, making it even harder for us to compete with Facebook, Huffington and Comcast.

Of course, FCC brought these problems on itselfā€”as noted in the D.C. Circuit decisionā€”by classifying the Internet as an ā€œinformation serviceā€ rather than a ā€œcommon carrierā€ (like the telephone), where carriage discrimination is always barred.

So why hasnā€™t FCC simply reclassified the Internet as a common carrierā€”instantly reinstating net neutrality?Ā Follow communications companiesā€™ lobbyists and campaign contributions, says Matt Wood, policy director of Freepress, the D.C. nonprofit fighting for net neutrality. ā€œRemember the ISPs have lobbyists on both sides of the aisle,ā€ Wood says. ā€œThis is something of a bipartisan mistake.ā€

In a January editorial, Wired stated it more strongly: ā€œThe problem isnā€™t the ISPs, itā€™s the FCC.ā€

Absent the stricken rule or common-carrier reclassification, warns New America Foundationā€™s Marvin Ammori, ā€œAT&T, Verizon, and Comcast will be able to deliver some sites and services more quickly and reliably than others for any reasonā€”whim, envy, ignorance, competition, vengeance, whatever. Or no reason at all.ā€

Worse, the proposed TPP globalization treaty requires ISPs to deep-monitor all email and websites for ā€œcopyright infringementā€ ā€” to scan everyoneā€™s email and all web pages, then set up a strict enforcement regime. Under TPP, ISPs must enact a ā€œsix strikesā€ procedure canceling websites and email addresses after six so-called ā€œinfringements.ā€

With net neutrality stricken and the surveillance requirements in place, ISPs have both the means and reasons to control controversial speech (and perhaps hand the data to the NSA). Our experience in many countries across several decades shows that, given such power, LGBT content is often first to fall. There are many examples: Facebook treats gay content unequally right now, South Korean ISPs routinely ban gay content, and even the UKā€™s British Telecom blocked LGBT social networks in the early 1990s, putting several out of business.

Why should we think ISPs across the TPPā€™s 11 countries wouldnā€™t use these intrusive systems to bankrupt or silence inconvenient speech?

The administration should know better. FCC should reclassify the Internet as a common-carrier communications service, and Congress should deny the administration fast-track authority to pass the TPP. If the United States stands for anything, it stands for free speech.

Sean HowellĀ is founder and CEO of the gay social networkĀ Hornet.Ā Peter Ian Cummings, publisher ofĀ BĀ magazine, also publishedĀ XY Magazine.Ā 

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Celebrating 15th anniversary of Harvey Milk Day

A powerful reminder that one person can make a difference

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The Harvey Milk Forever Stamp was unveiled at a ceremony in the Eisenhower Executive Office Building on May 22, 2014. (Washington Blade file photo by Michael Key)

Harvey Milkā€™s birthday, May 22, is officially a Day of Special Significance in California. Other states also honor Milk.

Milk was the first openly gay man elected to public office in U.S. history. In 1977, he was elected to a seat on the Board of Supervisors in San Francisco. His term began in January 1978 and ended in November when disgruntled former Supervisor Dan White assassinated Milk and Mayor George Moscone at City Hall.

In his 1982 book ā€œMayor of Castro Street: The Life and Times of Harvey Milk,ā€ Randy Shilts wrote a moving account of San Franciscoā€™s 1978 memorial for Milk. A ā€œmassive crowd stretched the entire distance from City Hall to Castro Street, some 40,000 strong utterly silent,ā€ Shilts wrote. The crowd ā€œostensibly memorialized both George Moscone and Harvey, but few speakers quarreled that the crowd had amassed chiefly to remember the gangly ward politician [Milk] who had once called himself the mayor of Castro Street.ā€

Shilts quoted Board of Supervisors President Dianne Feinstein, at the time acting mayor, telling the mourners that Milk ā€œwas a leader who represented your voices.ā€ Another speaker said Milk ā€œwas to us what Dr. King was to his people. Harvey was a prophet [who] lived by a vision.ā€ Equality was Milkā€™s vision.

Shilts presciently titled the last section in his book ā€œThe Legend Begins.ā€ In 1979, after a jury gave assassin White a light seven-year sentence, LGBT rioters rocked San Francisco in what is called ā€œThe White Night Riots.ā€ During the riots, Shilts wrote that ā€œa lesbian university professor yelled into a feeble bullhorn: ā€˜Harvey Milk lives.ā€™ā€ Since 1978, Harvey Milk’s courageous leadership has been celebrated globally.

Over four years, 2006-2010, San Francisco reminded the country that Milk was a gay man worthy of great honors. The 2008 movie ā€œMilk,ā€ filmed partly in San Francisco, with Sean Penn as Milk, ignited greater public interest in the legendary gay activist. Gay screenwriter Dustin Lance Black and Penn won Academy Awards in 2009.

The film led Gov. Arnold Schwarzenegger to sign legislation making Milkā€™s birthday a Day of Special Significance. Also, President Barack Obama awarded Milk with a posthumous Presidential Medal of Freedom. On Milkā€™s 84th birthday, the U.S. Postal Service issued a commemorative Forever stamp in his honor.

Californiaā€™s Harvey Milk Day recognizes Milk for his contributions to the state. It also encourages public schools to conduct ā€œsuitable commemorative exercisesā€ to honor Milk.

ā€œTo me, [Milk] was a man who was a capitalist, and an entrepreneur who happened to be gay,ā€ said Republican Sen. Abel Maldonado, the only Republican to vote for the bill to create Harvey Milk Day.

The newer scholarship about Milk provided additional insight into his activism. ā€œAn Archive of Hope: Harvey Milkā€™s Speeches and Writingsā€ edited by James Edward Black, Charles Morris, and Frank Robinson, published in 2013 by the Univ. of California Press, is an excellent example.

The bookā€™s title is drawn from Milkā€™s 1978 speech called ā€œThe Hope Speech.ā€ He spoke about people [gays, seniors, Black Americans, disabled, Latinos, Asians] ā€œwhoā€™ve lost hope.ā€ He proceeds to talk about inspiring hope in others who are struggling when the ā€œpressures at home are too great.ā€ It is a passionate speech, based largely on Milkā€™s conversations with people in the Castro. In a review of the book for The Gay and Lesbian Review Worldwide, I wrote it is: ā€œAn important contribution to the corpus of work on Harvey Milk as a writer and orator.ā€

Milk believed that it was important for members of the LGBTQIA+ community to come out. If more people were aware of their LGBTQIA+ associates who were their friends, family, and loved ones, then discrimination would end. To Milk, coming out would lead to ensuring LGBTQIA+ civil rights.

In 2007, during Pride in San Francisco I worked at a nonprofit’s booth in Civic Center Plaza. A man stopped to talk. I mostly listened. He was a veterinarian from a small town in Arkansas. He was gay and closeted. He regularly visited San Francisco for Pride. Afterward, he regularly returned to his closeted life in Arkansas. I felt sorry for him. Though I was a stranger to him, he needed to come out to me. I was reminded of Milkā€™s wisdom about the freedom of coming out.    

Harvey Milk Day is for all people who need hope. Milkā€™s life is a lesson that one person can make a difference. A strong, united community inspired by Milk and others has changed and continues to change the world.  

Milkā€™s short political career led to long-term LGBTQIA+ political leadership from the Bay Area to Washington, D.C. to Miami to Seattle. To paraphrase a Woody Guthrie song: This LGBTQIA+ Land is Our Land. Happy Milk Day 2024!

James Patterson is a lifetime member of the American Foreign Service Association.

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Opinions

Rosenstein: Vote McGuiness for Delawareā€™s 14th District

For responsible growth and continued improvements in Sussex County

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I know Kathy McGuiness, and there is no one more qualified to replace Pete Schwartzkopf as 14th District Representative. 

I have owned a home in Sussex County for more than 25 years, and have been coming to Rehoboth Beach for 40. I followed Kathyā€™s career, and know the time she has given to the people of the state and District. No one can match her ability to do the job. Kathy is a health care professional, and a mother, committed to continue to fight to protect every womanā€™s health and reproductive rights.

ā€œAs a registered pharmacist, Iā€™ve been on the front lines when it comes to health care,ā€ she said. ā€œIā€™ve been with patients who cried at the counter when they couldnā€™t afford their medicines, administered COVID shots during the pandemic, struggled when my mother couldnā€™t schedule a doctorā€™s appointment for weeks, and joined my sister to advocate for her son, who is in a wheelchair, when he canā€™t get the services he needs. We have a health care crisis in Sussex County.ā€  

Kathy is committed to attracting, and retaining, doctors, nurses, specialists, and pharmacists, to the fastest-growing county in the state. She has committed to seeing state and federal regulators never again identify the families, and retirees, in the 14th district, as being under-served in healthcare.  

Kathy graduated from Cape Henlopen High School and her mom taught 6th grade at Shields Elementary. She knows first hand the struggles of our children, and teachers. She is committed to listening to, and working with, local and state officials, parents, and teachers, to ensure the resources needed to facilitate the best possible education for all our children.

Born and raised in the district, now bringing her family up here, Kathy understands the value of the unique, precious, natural resources in Eastern Sussex County. She will continue to work to protect our beaches and natural resources. She will fight for state funding for sensible, responsible, infrastructure and traffic projects, that truly meet the needs of the community. Kathy takes the fight to Dover understanding tourism with her experience as a six-term Rehoboth Beach Commissioner. She is a businesswoman, and founding president of Rehoboth Beach Main Street. She will fight to protect and promote local businesses, press DelDOT to improve traffic flow, and importantly, work with state and county officials to create more safe and affordable workforce housing.

No one has the broad experience Kathy has. She has been a member of the 14th Districtā€™s Democratic Committee; a trustee at Delaware State University; a member of the Delaware Film Commission; a member of CAMP Rehoboth Board of Directors and the YMCA Sussex Board; and Lewes-Rehoboth Meals on Wheels board. She volunteered with Delaware Food Bank, Just Soup Ministry, Shepherdā€™s House, Planned Parenthood, and the Seashore Striders.

Kathy was named State of Delaware, Tourism Person of the Year; Business and Professional Womenā€™s Employer of the Year; and recently, 2022 Delaware Pharmacist of the Year. She is married to Steve, a river boat pilot, and is mom to three amazing children. Has one grandchild, and another on the way. 

Let me address the only issue some may have with Kathy. She was accused of six very questionable criminal counts when serving as a successful State Auditor. Of the most serious, the jury found her not guilty on three, and the judge threw two others out. She was convicted of one simple misdemeanor, for hiring her daughter as an intern, which she only did after the Delaware Attorney General assigned to her office, said it was legal. As Pete Schwartzkopf said at her campaign announcement, this is nothing that so many others in the state have done. Kathy said, ā€œIā€™ve paid my debt to the state through a fine and community service. Now Iā€™m ready to get back to what I have done my entire adult life ā€” help and serve the people of Eastern Sussex County.ā€ 

So, I am honored to add my name to those of Speaker of the Delaware House Pete Schwartzkopf, 20th District Representative Stell Selby, Dewey Beach Mayor Bill Stevens, Dewey Council member Paul Bauer, former Rehoboth Planning Commission Chair Richard Perry, former Ambassador Tom McDonald, former Rehoboth Beach Commissioner Steve Scheffer, former Dewey Mayor Pat Wright all endorsing Kathy McGuiness for 14th District Representative.Ā 

They know Kathy is the candidate for those who want to see responsible, sustainable growth, and continued improvements in Sussex County. She said, ā€œWhen elected, I promise to listen to your questions and concerns. I will reach out, and remain available for conversations with everyone. I will serve with renewed dedication and humility. I promise to give it everything Iā€™ve got.ā€ So, vote Kathy McGuiness for District 14th Representative on Sept. 10. She will make us all proud.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Advocating for the Queer Community On and Off The Job

One organ donor can save up to eight lives

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Kai Sprando (Photo Courtesy Infinite Legacy)

As a proud trans man, Kai Sprando recognizes the importance of visibility and education in fostering understanding and acceptance of the LGBTQIA+ community. His commitment to spreading awareness and advocating for queer experiences is something he champions on both a personal and professional level.Ā 


In 2019, Kai began working in the organ donation field as it provides a convergence of purpose and opportunity, which he embraced wholeheartedly to make a difference in peopleā€™s lives. Kai works as an Instructional Designer at Infinite Legacy, where he develops educational resources, curriculum and training plans primarily for clinical staff. At Infinite Legacy, he found not just a job, but a community of compassionate individuals who support him in every aspect of his trans journey.

In Kai’s eyes, organ donation is more than a medical procedure; it is a lifeline and second chance for individuals with end stage organ failure. He also sees it as a way for organ donors to continue their legacy of kindness beyond their time on Earth. He is deeply moved by the profound impact that one organ donor has to save up to eight lives. This knowledge fuels Kai’s passion for his work, driving him to encourage others to learn about the transformative power of organ donation.

For Kai, education is key. He believes that the more people know about and understand organ donation, the better equipped they are to make informed decisions and advocate for the cause.

ā€œThe opportunity to make a difference by saving lives as an organ donor is very powerful. When I pass, I want to know that if nothing else, I tried my best to help others. Thatā€™s what life is all about to meā€¦finding ways to make the hard things in life a little less hard, one act of kindness at a time.ā€ said Kai.

With his background in teaching and his viewpoint as a trans man, Kai has been invited to and spoken at several national organ donation and transplantation conferences providing insight and perspective on what it means to be trans and queer, allowing his peers the ability to be more effective and caring while interacting with LGBTQIA+ people and their families. 

Kai is passionate about advocating for marginalized communities and through his openness, vulnerability and willingness to share his lived experiences, Kai contributes to positive change in healthcare, particularly around gender and sexuality representation.

As he continues to advocate for change and build a better infrastructure around LGBTQIA+ needs and representation, Kai remains hopeful for the future. He has seen the important shifts and positive changes in healthcare in recent years and is determined to keep pushing for progress, one conversation at a time.

Everyone can register to be an organ donor. To learn more, visit infinitelegacy.org

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