Unwrap The Internet!

Nancy S. Kim argues that wrap contracts – online contracts “that can be entered into by clicking on a link or on an ‘accept’ icon” – limit a company’s liability, “diminish your privacy rights, take away your intellectual property and even deprive you of your free speech rights”:

In [a] disheartening example of abuse by wrap contract, a company threatened to fine a consumer named Jen Palmer $3500 for posting a negative review about it on a consumer review website. The company, KlearGear, didn’t claim that the review was false; rather, it claimed that her review ran afoul of a non-disparagement clause in the company’s online terms of sale. Palmer claims that the company reported her to a credit reporting agency which negatively affected her ability to obtain loans for a new car and home repairs. What’s particularly troubling about this example is that it’s unclear which version of the contract applied or that Palmer was even subject to KlearGear’s contract since the company did not complete the sale to her (which was the basis of her negative review). Yet, very few consumers would be willing to sue to test the validity of a wrap contract in court.

The wrap contract, by its “legal” nature, can be used to intimidate consumers and deter them from acting in ways that are perfectly lawful. They allow companies to change the rules that would ordinarily apply between a company and a consumer, giving companies all the power to enforce provisions to their advantage.

The solution to wrap contracts requires raising consumer awareness of its potential dangers. Cognitive biases work against the consumer. Consumer optimism and myopia make it easy to ignore latent harms in favor of immediate gratification — why fret about hidden terms when you want to get online now? The herd effect lulls users into a false sense of security since everybody else is clicking “agree” too.

But the consumer is hardly to blame here. There is simply too much information that it would be unrealistic to expect consumers to read every wrap contract they encounter, but consumers can and should make some noise when they encounter unfair terms. They should complain to companies, the state legislature, their friends. (Faircontracts.org has other suggestions here.) What they should not be is indifferent about the status quo.

Left Behind?

Evangelical Christians are declining: 

The most recent Pew Research Center survey of the nation’s religious attitudes, taken in 2012, found that just 19 percent of Americans identified themselves as white evangelical Protestants—five years earlier, 21 percent of Americans did so. Slightly more (19.6 percent) self-identified as unaffiliated with any religion at all, the first time that group has surpassed evangelicals.

Secularization alone is not to blame for this change in American religiosity.

Even half of those Americans who claim no religious affiliation profess belief in God or claim some sort of spiritual orientation. Other faiths, like Islam, perhaps the country’s fastest-growing religion, have had no problem attracting and maintaining worshippers. No, evangelicalism’s dilemma stems more from a change in American Christianity itself, a sense of creeping exhaustion with the popularizing, simplifying impulse evangelical luminaries such as [televangelist Robert] Schuller once rode to success.

Prominent figures in the evangelical establishment have already begun sounding alarms. In particular, the Barna Group, an evangelical market research organization, has been issuing a steady stream of books and white papers documenting the erosion of support for evangelicalism, especially among young people. Contributions from worshippers 55 and older now account for almost two-thirds of evangelical churches’ income in the United States. A mere three percent of non-Christian Americans under 30 have a positive impression of evangelical Christianity, according to David Kinnaman, the Barna Group’s president. That’s down from 25 percent of baby boomers at a similar age. At present rates of attrition, two-thirds of evangelicals in their 20s will abandon church before they turn 30. “It’s the melting of the icebergs,” Kinnaman told me.

The Golden Age Of Museums

Snowstorm_on_Fifth_Avenue,_New_York_City,_October_2011_(6334927391)

Institutions around the world are doing “amazingly well” when it comes to attracting visitors, according to Fiammetta Rocco:

Some of the new enthusiasm for museums is explained by changes in demand. In the rich world, and in some developing countries too, the share of people who are going on to higher education has risen spectacularly in recent decades. Surveys show that better-educated folk are a lot more likely to be museum-goers. They want to see for themselves where they fit in the wider world and look to museums for guidance, which is why so many of these places have been transformed from “restrained containers” to “exuberant companions,” as Victoria Newhouse writes in her book, Towards a New Museum. …

In the more affluent parts of the developing world, too, museum-building has flourished, driven mainly by governments that want their countries to be regarded as culturally sophisticated (though wealthy private individuals are also playing a part). They see museums as symbols of confidence, sources of public education and places in which a young country can present a national narrative.

China in particular is pouring money into museums:

In 1949, when the Communist Party took control, China had just 25 museums. Many were burned down during the Cultural Revolution of 1966-76 and their collections dispersed. But the rapid growth and urbanization that accompanied Deng Xiaoping’s “reform and opening up” policies after 1978 also launched a museum-building boom that did far more than simply replace what had been lost. Every provincial capital now seems to be constructing a new museum, or upgrading one it has already. This is seen as a good way to kickstart a cultural program, even if the building has nothing to display for a while. Rich Chinese collectors are also putting up private museums to show off their treasures.

According to the current five-year plan, China was to have 3,500 museums by 2015, a target it achieved three years early. Last year a record 451 new museums opened, pushing the total by the end of 2012 to 3,866, says An Laishun, vice president of the China Museums Association. By contrast, in America only 20 to 40 museums a year were built in the decade before the 2008 financial crash.

Recent Dish on the museum experience here.

(Photo by Flickr user InSapphoWeTrust)

Harder Than Rocket Science

That’s how Ryan Fuller characterizes teaching:

Because I’ve worked as an aerospace engineer and later as a teacher through Teach for America—this is my second year of teaching 11th grade math and robotics at Sierra High School in Colorado Springs—I find the public perception of both careers to be fascinating. When I tell people that I worked on the design of a NASA spacecraft, their mouths drop and their eyes pop, and their minds are no doubt filled with images of men in white lab coats running between rocket engines and blackboards filled with equations of untold complexity. Most people will give aerospace engineers tremendous respect, without having any idea what they actually do.

But no one can fully understand how difficult teaching in America’s highest-need communities is until he or she personally experiences it. When I solved engineering problems, I had to use my brain. When I solve teaching problems, I use my entire being—everything I have. A typical engineering task involves sending an email to a colleague about a potential design solution. A typical teacher task involves explaining for the fourth time how to get the variable out of the exponent while two students put their heads down, three students start texting, two girls in the back start talking, and one student provokes another from across the classroom.

Christmas Hathos Alert

A reader goes back to 1964:

This is a great (read awful) Christmas ad.  It has everything that makes this time of year cringeworthy: Malls, consumerism, terrible rhyming, and cancer to boot. It’s especially great since I just had a discussion with my father (65) who railed against consumerism of my generation and harkened back to the ’50s and ’60s when X-mas was still a sacred time. I can’t wait for 30 years down the road when we look wistfully back on the pureness of the holiday season circa 2013.

Much more Christmas Hathos here.

Diversify In The Sky

Armed with a new Rand study (pdf), Mark Thompson argues that the ”one-size-fits-all-services” F-35 fighter was a $400 billion mistake:

The real danger of relying on a single aircraft is that it could endanger its pilots. “During the Korean War, the U.S. Air Force was able to rapidly upgrade one of its four jet fighters, the F-86 Sabre, to meet the surprise introduction of the Russian Mikoyan-Gurevich (MiG)-15, a Soviet-designed fighter that was more capable than any other U.S. fighter in the Air Force or Navy inventory,” Rand says. “Had the Air Force and Navy relied exclusively on a single joint fighter other than the F-86, it might not have been able to respond quickly to the unanticipated new threat posed by the MiG-15.”

The fundamental challenge of building a multi-service fighter is that one size doesn’t fit all in the war-fighting business. “They are separate airplanes,” Thomas Christie, the Pentagon’s chief weapons tester from 2001 to 2005, told Time earlier this year of the F-35’s three variants. “We would have been better off if we’d let the services go off and do their own thing.” A bonus would have been multiple plane builders—instead of a single contractor—to keep the companies on their toes, he added.

Dave Majumdar explains the risks of using the F-35 in situations better suited to the faster F-22 Raptor:

Both China and Russia are developing these so-called fifth-generation fighters, which feature high speed, maneuverability and radar-evading stealth. The Chinese have their Chengdu J-20 and Shenyang J-31 prototypes. Russia is working on the Sukhoi T-50. Both the Russian and Chinese aircraft might have the potential to match certain aspects of the Raptor’s performance. By contrast, there are troubling questions as to how well the F-35 would fare against the new foreign fighters. While the F-35 has air-to-air sensors and can carry air-to-air missiles, it does not have the kinematic performance of the F-22. It’s simply sluggish in comparison. The Raptor was designed from the outset as an air-to-air killer par excellence—the F-35 was not. The Raptor combines a very stealthy airframe with a high altitude ceiling and supersonic cruise. Further, the F-22 possesses excellent maneuverability for close-in visual-range dogfights.

Crueler Than Fiction

Andrew Cohen marks the 40th anniversary of the release of the film Papillon with an article on the use and abuse of solitary confinement in American prisons:

Pick a state, any state, and you will find prisoners who are being treated as poorly, or worse, than were the prisoners depicted on Devil’s Island. … For example, in Colorado, as I wrote last month, state officials placed Sam Mandez into solitary confinement when he was just 18 years old. Not because he had tried to escape or because he was violent with his guards. But for petty offenses. Sixteen years later, he is still in confinement, made mentally ill by the isolation, and yet still without the proper medical attention the Constitution requires him to receive. What made moviegoers grimace in 1973 when they saw McQueen mistreated in that cell hardly makes them take notice today.

Last month, Cohen provided more details on Mandez’s case.

Classroom Clockwatchers

Amanda Ripley urges education policymakers to take boredom seriously:

When Gallup asked American teenagers to choose three words that best described their typical feelings in school from a list of 14 adjectives, “bored” was chosen most often—by one out of every two students. (“Tired” came in second, chosen by 42 percent of teenagers surveyed.) And boredom is global. Across 32 countries, nearly half of 15-year-olds said they often felt bored at school on average, according to a 2000 OECD survey. (Ireland did worst of all, with 67 percent of teenagers reporting frequent boredom, compared to 61 percent in the U.S.) …

The research on boredom in school is surprisingly scant—perhaps because boredom, unlike anger or defiance or other, less common schoolhouse emotions, does not directly disrupt the classroom. It is more of a latent virus, less likely to provoke adult interest. “Test anxiety has been examined in more than 1,000 studies to date,” Ulrike Nett and her colleagues noted in a fascinating 2010 study on boredom in school, “yet only a handful of studies have explored boredom.”

The Best Of The Dish Today

Scuba Santa Claus Explores Massive Coral Reef Tank In San Francisco

Big Duck/Beard Day here at the Dish – but I have to give the prize of this culture war explosion to Rush Limbaugh. It really is a quote of the year:

Well, I just found out what a butt plug was. I didn’t even know.

Yeah, right. You want to know what I think? Leave. Phil. Robertson. Alone. Or stop using rednecks for ratings.

Three posts worth revisiting: a haunting avian Face of the Day; the (misleading) stats on teen pot use; and why that Obamacare “death spiral” is largely hype. Bonus late-night link: Pareene’s genius Mike Allen parody. 

The most popular post? A&E Cannot Bear Very Much Reality. Second? My Deep Dish essay on the meaning of Pope Francis: Untier of Knots.

See you in the morning.

(Photo: California Academy of Sciences diver George Bell wears a Santa Claus suit as he dives in the Academy’s Philippine Coral Reef tank on December 19, 2013 in San Francisco, California. By Justin Sullivan/Getty Images)

Last-Minute Shopping: Give The Dish!

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[Re-posted from earlier today]

A reader asks:

Quick question … Is there a way to purchase a subscription for a friend as a Christmas gift?

You’re in luck! Tinypass, our e-commerce partner, just released an updated version of our gifting service, in time for Christmas. Now you can schedule the delivery of a gift subscription to the day. Just buy it now and have it automatically emailed to your friend or family member on Christmas Day. You can also add a personalized message to the gift email. Just go here to fill out a quick form for a one-year gift subscription – which, remember, is a one-time purchase that won’t recur next year. The price is just $19.99 – or more if you want to give a little extra to the Dish this year.

And if you’re one of our 35,000 Dishhead free-riders, who still haven’t subscribed, why not give yourselves and us a present? Subscribe [tinypass_offer text=”here”]. One who did last week:

Uncle. I give up. You win. I purchased a subscription. It was never about the money. Twenty bucks for a full year of Dish? Are you kidding me? Worth every penny and then some. I’ll pay the twenty bucks for the same reason that I subscribe to the New York Times. In some way you and your colleagues have become indispensable to my daily routine. And I don’t like being blocked once I’ve filled my quota. And I can’t STAND another fucking window popping up asking me to subscribe.

Stop those pop-ups and get rid of all those house-ads by subscribing [tinypass_offer text=”here”]. We also have a monthly option of $1.99 for those who don’t want to spend twenty bucks upfront. Another new subscriber writes:

After reading this morning, the new posts, the continuing threads (especially about miscarriage and lying about Santa), I realize that I land on the Dish for my daily dose of Sanity. Sane people, having Sane thoughts, having Sane questions and conversations. Daily. I love the Dish so much that I am looking forward to renewing my subscription in February. That’s a new concept for me: looking forward to renewing a subscription. Bless you people. Bless you for what you have managed to create and sustain. The Dish is better than church.