Inside ALEC: the Secretive Council that Funds Prisons and Climate Change
Georgia Senator Nan Orrick, a former ALEC (American Legislative Exchange Council) member, describes back rooms in Vegas resorts and behind-closed-doors legislative sessions where corporations not only vote on bills—they write them.
ALEC brands itself as an educational charity, she says, but hefty donations (memberships can cost $25,000 a year) fund "education efforts" for legislators, according to a local 11 Alive broadcast—educational efforts led by multi-billion dollar corporations with specific agendas.
The Investigators: ALEC - The Backroom Where Laws Are Bornwww.youtube.com
In the end, Orrick left ALEC because it was just a bunch of "angry white men," she said.
But these "angry white men" have arguably guided America towards the state it's currently in, making some sort of revolution inevitable.
From the Prison Industrial Complex to Stand Your Ground: ALEC's History of Oppression and Harm
ALEC was partly responsible for the massive spike in prison populations over the last few decades—a 500% increase over the last 40 years, to be exact. In 1995, ALEC's "Truth Sentencing Act" was signed in 25 states. ALEC also pushed for mandatory minimum sentences for nonviolent drug offenders. And ALEC helped privatize the bail bond industry and has worked to pass laws to create for-profit prisons, catalyzing what we now know as the Prison Industrial Complex.
Unsurprisingly, two of ALEC's major sponsors include the Corrections Corporation of America and the Geo Group (formerly Wackenhut Corrections).
"An In These Times investigation last summer revealed that ALEC arranged secret meetings between Arizona's state legislators and CCA to draft what became SB 1070, Arizona's notorious immigration law, to keep CCA prisons flush with immigrant detainees," write Mike Elk and Bob Sloan in The Nation. "ALEC has proven expertly capable of devising endless ways to help private corporations benefit from the country's massive prison population."
In Ava DuVernay's documentary 13th, which tells the story of Black oppression in America from the ratification of the 13th Amendment in 1865 until today, she dives into ALEC and how—building on momentum from the War on Drugs—it resulted in the mass criminalization of Black people, leading to a system of punishment that Michelle Alexander calls "The New Jim Crow."
13TH | FULL FEATURE | Netflixwww.youtube.com
ALEC has a long track record of creating racist policies that disenfranchise vulnerable populations. For example, they were an origin point of voter ID laws that successfully prevented many voters from participating in elections. In 2011, the civil rights organization Color of Change launched an investigation into ALEC's political actions in 2011, and reported that for years, "the right wing has been trying to stop Black people, other people of color, young people, and the elderly from voting for partisan gain—and now some of America's biggest companies are helping them do it."
ALEC was also responsible for creating the "Stand Your Ground Laws," which helped George Zimmerman go home free after he shot Trayvon Martin.
Once people began connecting the dots and investigating this law across states, they realized that the bill looked almost identical from state to state—and were able to trace its origins back to ALEC.
A Foundation Built on Disregard For Human Life
Destruction is in ALEC's lifeblood. Two of ALEC's early founders were the Koch brothers, both of whom played a significant role in destroying early government action against climate change. Over recent years, ALEC has doubled down on its efforts to defend fracking and to fight against protestors and whistleblowers, passing bills that threaten to fine and imprison anyone who attempts to vandalize pipelines, and beyond.
Koch Brothers
Other current corporate sponsors include the tobacco industry, the giant pharmaceutical company Pfizer, the National Rifle Association, Wal-Mart, ExxonMobil, and hundreds of other corporations. That means that these major corporations have a say in what bills are passed and where.
ALEC has faced some resistance. After whistleblowers published a database called ALEC Exposed in Wikipedia, corporate sponsors began to face pressure to leave the shadowy lawmaking organization. Coca-Cola, Kraft, Intuit, the Gates Foundation, Google, and other companies pulled out. Hundreds of legislators have cut ties—but ALEC continues to meet year after year.
ALEC Is Still Alive and Well—and Was Fighting to Reopen in Mid-May
ALEC is still alive and well today, if quiet (or very good at diverting attention from it). According to the ALEC Exposed Wikipedia page, ALEC has been "Leading Right-Wing Campaign to Reopen the Economy Despite COVID-19" this May.
The suffering that some of ALEC's bills have caused is unimaginable–and genuinely apocalyptic in scale. The number of lives ruined by big pharma, gun violence, climate change, and mass incarceration is uncountable. Bills like the "No Sanctuary Cities for Illegal Immigrants Act," the "Consistency of Firearm Regulation" Act (which prevents local areas from restricting firearm possession), and many others have each had brutal lived consequences on people's lives—and each was created in an unjust, secretive way.
Yet ALEC still insists that it's a legal organization and that its nay-sayers are simply delusional leftists.
But if ALEC were a legal organization, wouldn't they open their doors to the media instead of forcibly removing the reporters who try to enter at its annual policy summit?
Of course the fact that corporations are running the show nowadays isn't exactly a surprise, and ALEC is just one of the many corporate lobbyist groups that are "ghostwriting the government," as one Harvard Political Review report put it. The best of these groups are probably so secretive that no one knows exactly what they're called or where they are. Certainly, ALEC is growing alongside the times, figuring out how to further its agenda as more politicians refuse corporate donations, and who knows: It may disappear completely, reforming itself as another slick corporate group in some other identical hotel ballroom, ruining lives with the flick of a few keystrokes.
But at least the people are beginning to wise up to the fact that many of our lawmakers have pledged allegiance not to the people but to corporations.
United States of ALEC: A Follow-Upwww.youtube.com
Fortnite and Intellectual Property: Who Owns Cultural Trends?
The Battle Royale style game features customizable avatars, for which users can purchase "emotes," specific gestures or dance moves that avatars can perform in the game. The problem is that "emotes" are designed to appeal to millions of international users, with many replicating wildly popular dance trends and cultural icons. Select "emotes" are based on Snoop Dogg's "Drop It Like It's Hot" dance, Psy's "Gangnam Style," and Donald Faison's "Poison" dance from the US sitcom Scrubs.
Tenor
However, Fortnite's creators did not secure licenses to recreate these artists' likenesses in their game. But it's unclear under U.S. law whether or not a segment of choreography even qualifies for copyright protection. As highlighted by the Wall Street Journal, the U.S. Copyright Office's stance on choreography dictates that it "cannot register short dance routines consisting of only a few movements or steps with minor linear or spatial variations, even if a routine is novel or distinctive." They elaborate that "social dance steps and simple routines" are not protected by copyright "even if they contain a substantial amount of creative expression."
In fact, few dance moves have been successfully copyrighted. Michael Jackson was able to patent his impressive leaning move featured in the "Smooth Criminal" music video–but only because he invented the special shoe that makes it possible. Since each one of Fortnite's "emotes" is a short movement and not a creative song or dance of its own, copyright lawyers can't agree about whether or not infringement laws apply.
The first "emote" to challenge what constitutes copyright infringement is called "Swipe It," which replicates the dance move recognizable as the "Milly Rock." Its creator, rapper 2 Milly, born Terrence Ferguson, was the first to sue the game with allegations that Fortnite violates copyright law by selling his "signature" choreography. He told Rolling Stone, "My dance is my signature. Everybody would tell you, from here to Alaska, 'Hey, that's the Milly Rock.' I don't mind people doing it in their videos. What I do mind is when somebody takes what I created and sells it."
While the "Milly Rock" became a viral dance move in 2015, it isn't a full choreography set. Christine Lepera, attorney for music industry giants like Drake and Timbaland, argues that a single dance move is precluded from copyright infringement: "You cannot copyright certain dance moves that are generic. From what I've seen online, I've done these [Milly Rock] moves in hip-hop [dance] class for years — it's a pivot, heel-out, heel-out, and swing your arms."
Amino Apps
The second creator to file charges against Epic Games is Alfonso Ribeiro, best known for playing Carlton Banks on The Fresh Prince of Bel-Air. He alleged that the "emotes" called "Fresh" plagiarizes the "Carlton Dance," made famous by the beloved sitcom character Ribeiro played in the 90s. However, copyright lawyer Scott Alan Burroughs argues that an actor doesn't own his character's stylized, or "signature," movements, since the character is owned by the production company. Burroughs says, "[Ribeiro] created and performed that dance while acting on a television show he was a performer on, so it was likely 'work for hire' that belongs to the show's producers."
The third creator to file charges against the game is the mother of Russell Horning, a 17-year-old content creator on YouTube who popularized "the floss" dance. Again, Fortnite sells a "Floss" emote that the Hornings claim infringes upon their legal right to share in the profit made through dance move.
2048
But how much money does Fortnite make from selling "emotes?" For that matter, how does a game that's technically free to play earn Epic Games over $2 billion in 2018? When the Fortnite App launched on Apple's IOS in April, the game reportedly made $2 million a day, making history as the first to net over $1 billion by following a free-to-play model.
The secret–and the root of the controversy–is the game's profit from microtransactions. While all users can play the entirety of the game for free, they have the option of purchasing in-game currency, called "V-bucks," which allows players to customize their gaming experience. With an exchange rate of approximately 1 USD to 100 V-bucks, users are offered deals to spend anywhere from $2 to $20 on cosmetic skins, game modes for their characters, and, of course, dances. Michael Pachter, an analyst at Wedbush Securities, noted, "On the revenue side, [Fortnite has] done something that's really unique, which is come up with a perception of exclusivity." He added, "If you see another player in a leopard skin and go to the store and see it's no longer available, you think, Shoot, I've got to move on it next time."
All three complainants are represented by the law firm Pierce Bainbridge Beck Price & Hecht LLP. In addition to copyright infringement, the lawsuits allege violations of the rights to publicity, which are creators' rights to control and profit off any use of their likeness, name, or other distinct traits. David L. Hecht, the representative for 2 Milly, Ribeiro, and Horning, insists that his clients have exclusive rights to the cultural trends they've instigated, stating, "I will say you can absolutely copyright choreography, and you can leave it there." Whether U.S. law is in agreement with him is for a judge to decide in 2019.
Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.