A Warning on Electronic Voting

(Publius Editor’s note: This is a fairly old report on the troubles with electronic voting so some of the links are no longer valid, but the work was pretty comprehensive so I thought some of it might be of interest to those worried about electronic voting. I had this sent to me by a reader and I told him I’d post it but I have been waiting to post this until we were close to the primary. Since it is only a few days away now, so here it is…)

Pandora’s Black Box, Did it Really Count Your Vote?
Relevance – November 1996 – Vol. III- No. V

Editor: Philip M. O’Halloran

[Editor’s Note: When we began researching the integrity of the election process, we wanted to believe that the talk of “votescam” was just overblown hype. However, we have since discovered that the computer voting system in this country is a veritable can of worms, so open to tampering that if there is no organized election fraud going on, the criminals are falling down on the job.]

ELECTRONIC VOTING ON TRIAL

On November 5, 1996, millions of Americans voted by secret ballot for thousands of elected officials from the Presidency to the local dog catcher. What few realized is that a key aspect of the vote-counting was also done in secret. What’s more, they have been legally denied the right to find out precisely how their vote is counted.

How can this be? After all, everybody knows that each aspect of the vote-count is officially conducted by “the government under the microscopic scrutiny of thousands of party officials, anxious candidates, poll workers, curious voters and the media, right?
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A Warning on Electronic Voting”


What Would Revolutionize Wireless Service?

-By Warner Todd Huston

OK, I want a Blackberry, I’d love to have an iPhone, gimme a new iPad, I want…. well, whatever new, cool device out there. I want to try them, use them own them. Yet, there is no earthly reason why I’d buy them because I am not a millionaire. And it’s not because the devices themselves are too expensive, either. It’s because it costs too much to keep them operating. And why is that? Monthly fees.

If I get a Blackberry, I have a monthly fee. If I get a new iPad, then I have another fee. If I want an iPhone then there is a whole ‘nuther fee. Screw dat noize, man.

Here is the thing. Until wireless service can be sold to a customer, not a device, until the service follows the person and NOT the device, we will not be able to revolutionize America’s wireless service. There should be no service stuck to a device. It should be assigned to the person who can then key in his passcode and use his wireless service on ANY device that uses wireless.
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What Would Revolutionize Wireless Service?”


Unintended Consequences: Balkanizing the Internet

-By Scott Cleland

The big missing part of the policy debate over how to best ensure continuation of an open Internet, i.e. through existing policy or the FCC’s proposed preemptive regulations, is what makes the Internet universal?

The Internet is near universal because it is entirely voluntary. All of the Internet’s signature elements are voluntary, not mandated by government(s).

Internet Protocol (IP) is a networking protocol that became universal precisely because it offered the ability for everyone to communicate in basically the same “language.” No one was required to use/adopt IP; people voluntarily adopted it because it was better and offered the most universal networking opportunity. Moreover, the Internet Engineering Task Force (IETF), whose “mission is to make the Internet work better,” is an entirely voluntary collaborative process that functions outside of any government(s) control.

The Domain Name System (DNS), essentially the Internet’s address system, rapidly became universal precisely because people voluntarily recognized its essential value and adopted it. No country owns, controls or approves the Internet’s addresses; it’s a voluntary market process.
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Unintended Consequences: Balkanizing the Internet”


Google’s Open Double Standard: Fact-Checking Google’s Treatise on “The meaning of open”

-By Scott Cleland

Google posted its treatise on “The meaning of open” designed to redefine the word “open” in Google’s image. It is an important read because it is a bay window view into the altruistic way that Google yearns for the world to perceive it.

Like most all of Google’s PR, however, Google’s Treatise on “The meaning of open” may be “the truth” as Google sees it, but it is certainly not “the whole truth and nothing but the truth.”

I. Google’s Open Double Standard

Simply, Google is for “open” wherever it does not have a monopoly or dominant market position, however where it does, as in AdWords, AdSense and search advertising syndication, it is closed, to ensure that its dominance remains impregnable to competitors.
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Google’s Open Double Standard: Fact-Checking Google’s Treatise on “The meaning of open””


Googleopoly V — Why the FTC Should Block Google-AdMob

-By Scott Cleland

Below is the abstract of the latest white paper in my five-part “Googleopoly” series of antitrust white papers. The full white paper is at this link and at www.googleopoly.net.

 Googleopoly V* — Why the FTC Should Block Google-AdMob

The Top Ten Reasons Why Google-AdMob Would “Substantially Lessen Competition”

Abstract: A Google acquisition of AdMob would eliminate Google’s only substantial rival platform in mobile in-application advertising and catapult Google from an estimated 25% share to over 75% share of this strategic gatekeeper market for monetizing mobile Internet applications. Combined with Google’s search advertising monopoly and dominance of mobile search advertising, Google’s acquisition of AdMob, “the world’s largest mobile advertising marketplace,” would likely tip the broader mobile advertising marketplace from a competitive to a monopoly trajectory. In short, the AdMob acquisition threatens to foreclose competition and facilitate monopoly in a strategic gatekeeper market essential to the Internet economy, which would harm: consumers, developers, advertisers, publishers, smart-phone manufacturers, and broadband providers.
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Googleopoly V — Why the FTC Should Block Google-AdMob”


Critical Gaps in FCC’s Proposed Open Internet Regulations

-By Scott Cleland

Like the FCC’s National Broadband Plan task force identified seven critical gaps in the path to the future of universal broadband, the FCC should resolve six identified “critical gaps” in the FCC’s proposed open Internet regulations before moving forward to regulate the Internet for the first time — by dictating Internet access pricing, terms and conditions or dictating what services which businesses can and cannot offer on the Internet.

Here are six critical gaps in the FCC’s proposed open Internet regulations:

Credibility Gap: The FCC isn’t “preserving,” but changing the Internet by regulating it for the first time.
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Critical Gaps in FCC’s Proposed Open Internet Regulations”


Is FCC Declaring ‘Open Season’ on Internet Freedom?

-By Scott Cleland

The FCC, in proposing to change the definition of an “open Internet” from competition-driven to government-driven is setting a very dangerous precedent, that it is acceptable for countries to preemptively regulate the Internet for what might happen in the future, even if they lack the legitimacy of constitutional or legal authority to do so, or even if there is the thinnest of justification or evidence to support it.

How can we ever hope to influence China, Iran and other undemocratic regimes to provide more Internet access and freedom to their citizens and businesses when our FCC is proposing a radical take back of existing Internet freedoms without legitimate authority or justification?

The grave mistake the FCC is making in the broader international context is claiming that private companies are the primary threat to Internet freedom and free speech, and not governments. History and common sense tell us only Governments have the effective coercive power to dictate real censorship.

The FCC is effectively declaring “open season” on well-established Internet freedoms.
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Is FCC Declaring ‘Open Season’ on Internet Freedom?”


Google-AdMob’s Antitrust Problems

-By Scott Cleland

Google’s acquisition of AdMob, “the world’s largest mobile advertising marketplace,” will receive serious antitrust scrutiny focused on whether the deal lessens competition by extending search advertising monopoly to mobile devices.

Expect the review process to be a magnet for a host of antitrust, competition, and privacy product/services concerns, much like the proposed Google Book settlement has been a magnet for antitrust, competition, and privacy content concerns.

First, Google is misleading with its blanket statement: “We don’t see any regulatory concerns with this deal.”

Not “any” concerns implies Google does not expect: any DOJ/FTC discussion over who reviews the deal; no second request for information; no CIDs (subpoenas); no hearings; or no serious competitor objections that authorities will have to explore. If that is true, why does Google say it could it take “several months” to close?
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Google-AdMob’s Antitrust Problems”


Why Google Is Not Neutral

-By Scott Cleland

After discussing whether Google should buy The New York Times, Google decided against it because it “would damage its ‘neutral’ identity,” per Ken Auletta’s just-published book “Googled: The End of The World as We know It.”

Google has long claimed to be neutral. Their corporate philosophy statement claims: “We never manipulate rankings to put our partners higher in our search results and no one can buy better PageRank. Our users trust our objectivity and no short-term gain could ever justify breaching that trust.”

As the world-leading corporate proponent of an industrial policy to mandate net neutrality for all its potential broadband competitors in cloud computing, and as the beneficiary of “The Google Loophole” in the FCC’s proposed open Internet regulations (para 104), it is fair to stress test whether Google’s claim of a “neutral’ identity is true or just cleverly-executed PR.

Is Google Neutral?
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Why Google Is Not Neutral”


Apple App Store Says Mad Magazine Artist too Mean for Approval

-By Warner Todd Huston

I always knew that Mad Magazine was filled with ner-do-wells that will rot your brain and turn you into a big meanie. My teachers in school all told me so… and they were teachers so they must’ve been right. Now the Apple iPhone App store has finally seen the light of reason on this truism, too. Well, if the App Store didn’t deny Mad Magazine exactly, it did lower they kabosh on one of its nasty, mean-spirited artists, Tom Richmond, by denying his iPhone App registration. Serves him right, the troublemaker.

The good name of Apple computers will not be sullied by the rottenness, and all around anarchy of this no-account, Richmond, that’s for sure. And to assure that Apple will always stand for truth, justice and the American way, Richmond’s crummy little iPhone App has been denied. Take that forces of un-Americanness!

So, what was Richmond’s apostasy, you might wonder? Well, last year cartoonist Tom Richmond was asked to help with the graphic display of a proposed iPhone App that would connect the user with information on their representatives in Congress. It was to monstrously be titled the “Bobble Rep” App. The idea is that you’d key in the name of a congressman into your iPhone and his contact info would pop up on the screen. You’d get a little cartoon illustration of the congressman, his phone number, address and website.

“And,” You might ask? “So blinking what,” you might blurt out? Well, any casual look at these ultra mean, highly objectionable cartoons depicting a few of those well-born and delicate members of Congress will disabuse you of the notion that this iPhone App is anything but born of the devil.

Behold more of the blasphemy:
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Apple App Store Says Mad Magazine Artist too Mean for Approval”


D.C. Based Muslim Prays for ‘Recovery of Dr. Nidal Malik Hasan’ on FaceBook

-By Warner Todd Huston

I guess we shouldn’t be surprised, but a Washington D.C. based Muslim named Khadeeja Nuur has created a FaceBook Page offering prayers for the recovery of Fort Hood murderer Dr. Nidal Malik Hasan.

The page seems to have been started sometime before Friday at 3PM and she features this main message in her information section:

Together we pray for the recovery of Dr. Nidal Malik Hasan, MD. May Allah see fit to return this loyal son of Islam back to perfect health. Sallalahu Alayhi Wa Sallam.

Initially, it appears that a few Muslims celebrating Hasan’s evil actions were leaving messages in hopes that Hasan gets well, agreeing with his actions, or at the very least justifying them.

A Graal Reborn, for instance, leaves the message that, “killing is bad I agree but being forced to do somethnig [sic] you don’t want to do and being the minority standing up to the majority is respectable no matter who you are.” And Alex Gould wrote, “I pray to Allah that he may recover soon.” Later a fellow going by the name Abu Soleiman Al-nase wrote, “nidal malik is a brave mujahid,,he did jihad ,,he did kill the killers (american soldiers) that was going to iraq and afganistan [sic] to fight the islamic nation…my greeting and pray for him,,we will never forget you brother nidal.”
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D.C. Based Muslim Prays for ‘Recovery of Dr. Nidal Malik Hasan’ on FaceBook”


How FCC Regulation Would Change the Internet

-By Scott Cleland

The FCC’s claims that their proposed net neutrality regulations would just “preserve” the open Internet are simply not true. The facts clearly state that the FCC’s proposed regulations would: Be a big change in FCC Internet policy; Implement big Internet policy changes without Congressional authorization; and Change the Internet in big ways. (The one-page PDF version of this post is here)

The FCC’s proposed net neutrality regs are a big change in FCC Internet policy; they would:

  • Replace the FCC’s voluntary net neutrality guidelines with mandated net neutrality regulations;
  • Selectively apply net neutrality regulations to only broadband and not to applications/content providers like the current principles do;
  • Add two completely new net neutrality principles that are not found in law or congressional policy:
  • Mandate the strictest non-discrimination requirement in the last 75 years;
  • Mandate public disclosure of detailed proprietary network management techniques for the first time;
  • Expand application of net neutrality to wireless and satellite broadband for the very first time;
  • Expand consumers access to content entitlement by adding entitlement to send/distribute content as well;
  • Redefine entitlement to competition in the current fourth principle, to favor resale competition over facilities-based competition;
  • Subject broadband companies to a new “Mother-may-I” FCC approval process for offering new managed services and for experimenting with new business models; and
  • Subordinate private standard-setting bodies, like the IETF, to new FCC omni-technical oversight/approval.

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How FCC Regulation Would Change the Internet”


Clueless Arizona GOP Heavies Demonizing Bloggers?

-By Warner Todd Huston

My friend Ken Marrero over at Blue Collar Muse has posted an interesting if not entirely infuriating story about GOP officials coming down on other officials and certain county employees for having the gall to talk to those eeeevil Arizona bloggers that have been doggedly reporting the corruption stories of county officials.

GOP officials of Maricopa County have been in a bit of trouble recently having been accused of wasteful spending, power grabs and criminal investigations. Marrero even notes that there is a Twitter feed used to needle these officials called CorruptAZSupes.

The barbs have been coming fast and furious and County Manager David Smith has decided to try and stop the bleeding. So, did Smith decide to clean up the Supervisor’s office? Nope. He’s decided to attack Republicans that have talked to the press and the bloggers. Classic shooting the messenger mistake.
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Clueless Arizona GOP Heavies Demonizing Bloggers?”


Takeaways from FCC’s Proposed Open Internet Regs

-By Scott Cleland

The FCC’s proposed Open Internet regulations (NPRM) are sweeping and audacious.

First, the FCC proposed rules are audaciously attempting to implement the introduced-but-never-passed Markey bill (HR 3458) entitled: the “Internet Freedom Preservation Act of 2009.” The purpose, premises, language and core positions are nearly identical for anyone willing to forensically compare the NPRM and HR 3458.

This presents a substantial legal problem for the FCC in that the premises and justifications undergirding their current NPRM can be found nowhere in existing law as the FCC’s own thin 28 line legal justification confirms (paras 83-87).
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Takeaways from FCC’s Proposed Open Internet Regs”


Open Un-Neutrality – Will FCC Re-Distribute Internet Opportunity? For Consumers? Businesses? Investors?

-By Scott Cleland

In effectively reversing fifteen years of bipartisan U.S. communications policy from promoting competition and reducing regulation to promoting regulation and reducing competition, the FCC’s coming “Open Internet” regulations are anything but neutral; they pick sides and strongly skew outcomes.

  • First, the FCC is proposing new preemptive business bans mid-game, the harshest, most disruptive form of economic regulation possible.
  • Second, the FCC is arbitrarily discriminating among increasingly similar and converging businesses, resulting in the arbitrary punishment of some businesses for what they allegedly might do, while rewarding others with protection from competition for what they allegedly might not do.
  • Third, the FCC is arbitrarily mandating one-way technology convergence without any supportable justification, i.e., banning distribution convergence into applications/content, while encouraging application/content convergence into distribution.

The chaotic result of this “open un-neutrality” will be regulation that is increasingly at war with inexorable technological convergence and economic efficiency — requiring ever-increasing FCC regulatory artifices to keep the Internet’s original technological layers, market segments and business models from naturally converging, evolving and competing.
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Open Un-Neutrality – Will FCC Re-Distribute Internet Opportunity? For Consumers? Businesses? Investors?”


The Internet as the Post Office?

-By Scott Cleland

I produced a new, brief, and different op-ed against the FCC’s proposed net neutrality rules that ran on BigGovernment.com today. It employs a new “delivery” metaphor that I believe most people will easily grasp and find compelling.

The Internet as the Post Office?

by Scott Cleland

Why force the private Internet to be as inefficient as the old public post office? For the first time, the Federal Communications Commission (FCC) plans to regulate how private companies can deliver the quadrillions of broadband Internet packets that are sent over the Internet every day.

Americans know from experience that private companies competing for customers deliver better service than Government. Who thinks the Government can do a better job than private companies in designing, building, and managing broadband Internet networks? Who thinks the Government can run the Internet better, faster, cheaper, and more innovatively than private networks do now?
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The Internet as the Post Office?”


The Many Vulnerabilities of an Open Internet

-By Scott Cleland

What an “Open Internet” does not mean is as important as what it does mean. Surely an “Open Internet” is not intended to mean what it certainly could mean: unprotected, unguarded, or vulnerable to attack. Thus, it is essential for the FCC to be explicit in defining what the terms — “Open Internet,” “net neutrality,” and Internet non-discrimination — don’t mean, as well as what they do mean.

The word “open” has 88 different definitions per Dictionary.com and the word “open” has even more different connotations depending on the context. While the term “open” generally has a positive connotation to mean unrestricted, accessible and available, it can also have a negative or problematic connotation if it means unprotected, unguarded or vulnerable to attack.

When such an amorphous, multi-use term like “open” is proposed as a new effective purpose for the FCC, and a new formal basis for new economic regulation, it is essential that the term be defined very specifically, for what it is, and just as importantly, for what it is not.
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The Many Vulnerabilities of an Open Internet”


Joe Wilson: Petition to Put Bills On Line for 72 Hours Before House Vote

-By Warner Todd Huston

I was part of a small number of bloggers and Internet writers invited to speak with Representative Joe Wilson (R, SC) Friday afternoon. Rep. Wilson wanted to alert us all to a resolution that would provide that all bills that go through the House of Representatives would be posted on the Internet for 72 hours prior to any possibility of a floor vote.

The Resolution is House Res. 554, amending the Rules of the House to require legislation and conference reports to be available on the Internet 72 hours before consideration. If this resolution is approved by the members of the House, all bills — including H.R. 3200, the House Healthcare bill — will be placed on the Internet for all to see for three days before the bill can be voted on.

In an email on this issue Wilson said, “Nancy Pelosi and the Democrats have continually rushed major legislation to a vote to ensure little to no public scrutiny. If we succeed, Americans can finally separate fact from fiction.”
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Joe Wilson: Petition to Put Bills On Line for 72 Hours Before House Vote”


10 Great Events in the Rise of the New Media

-By Warner Todd Huston

WGN talk show host Jerry Agar, a recent member of the Illinois Policy Institute, has an interesting post on 10 events that have put the Internet on the map. These 10 incidents and the Internet’s work fostering the stories that pushed them into national prominence has led to the Internet being considered one of the movers and shakers of both the news cycle and the political scene.

Agar contacted a few of us bloggers and asked us to give him our insight on the idea (myself included) and this is the resulting article.

I look forward to more interaction with Mr. Agar and the IPI with such future projects.

So, go on over to Agar’s piece and give it a look over.

It can be seen at 10 Great Events in the Rise of the New Media.
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10 Great Events in the Rise of the New Media”


Wireless Innovation Regulation — ‘Believe it or Not!’

-By Scott Cleland

With due to credit to “Ripley’s Believe it or Not!®,” so much odd and bizarre is happening in Washington in the “name” of “wireless innovation” and competition that the topic calls for its own collection of “Believe it or Not!®” oddities.

Skype co-founder Niklas Zennstom, also the co-founder of illegal-music-downloading site Kazaa, who had to avoid entering the U.S. because of copyright-infringement liability… is now seeking a U.S. court injunction to shut down eBay’s Skype for alleged copyright violations!

Amazon, a leading proponent of net neutrality legislation to ban Internet providers from blocking any content, abruptly removed without permission thousands of copies of George Orwell’s books from Kindle reading devices… just like “Big Brother” would have done in “Nineteen Eighty Four“!
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Wireless Innovation Regulation — ‘Believe it or Not!’”


Googleopoly IV: Monopsony Control over Digital Info Competition — New White Paper

-By Scott Cleland

My latest Google antitrust white paper, “Googleopoly IV: The Googleopsony Case,” is the first antitrust analysis which connects-the-dots between Google’s search advertising selling monopoly and Google’s information access buying monopoly or “monopsony” by explaining and documenting how Google is harming competition in digital: news, books, broadcasting, artwork, documents and analytics; and harming consumers seeking quality digital information that is not free.

(Googleopoly I was the first public analysis of why Google ultimately would emerge as a monopoly and Googleopoly II & III were the first public antitrust analyses why the DOJ should block the Google-Yahoo ad agreement, which the DOJ did block 11-5-08.)

Anyone trying to see-the-world-whole and and understand how the Internet’s digital information ecosystem fits together and is devolving– needs to read this white paper.
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Googleopoly IV: Monopsony Control over Digital Info Competition — New White Paper”


“Systemic Risk Laundering” — Financial Crisis Root Causes — Part II

-By Scott Cleland

How could American taxpayers get stuck with a multi-trillion dollar tab that they weren’t even aware that they were running up? How could that huge tab still be allowed to run up unchecked today? For the Financial Crisis Inquiry Commission, the sad answer is one of the biggest root causes of last fall’s devastating financial crisis and one of the biggest continuing systemic risks to the financial system and the economic recovery.

A decade ago, in what may prove to be the most expensive bipartisan legislative mistake in U.S. history, a bipartisan policy became law that effectively ensured that no Federal regulator had oversight or enforcement jurisdiction over derivative financial instruments. The Commodity Futures Modernization Act of 2000 (CFMA) created “legal certainty for excluded derivative transactions.” That law allowed a shadow derivative overlay system to be built literally on top of the public financial system, with none of the inherent accountability of the underlying financial system. In other words, a deliberate bipartisan U.S. government policy change a decade ago unwittingly created an unaccountable “black hole” market that sucked enormous value out of public markets (Bear Stearns, Lehman, AIG, Fannie, Freddie, securitized sub-prime mortgages, etc.), while laundering the risk to the U.S. taxpayer.

Simply, in fostering an unaccountable marketplace that derived all its real value from public markets, the Government fostered systemic risk laundering from the unaccountable to the accountable, which ultimately left the U.S. taxpayer holding the bag. More specifically, with no accountability to fairly represent or disclose risk, too many did not. Too many figured out that they could launder huge financial risk with impunity, because most public investors assumed someone somewhere was ensuring that these derivative instruments were fairly represented, disclosed and accountable. Oops!
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“Systemic Risk Laundering” — Financial Crisis Root Causes — Part II”


WARNING On Mac Snow Leopard Install

-By Warner Todd Huston

A major problem has arisen for many Snow Leopard installers! Mac has shipped the update for Snow Leopard, System 10.6 and there is something that everyone must know BEFORE you do the update!

Of course, this instal will not work on any Mac that does not have the Intel chip, so that is the first thing to be aware of. But there is a second thing that will screw you up if you aren’t aware of it…

YOUR PRINTER MIGHT NEVER WORK WITH SNOW LEOPARD!

That’s right. Especially if you have an HP printer. First of all, many printers have yet to update their driver lists for Snow Leopard. But HP, for one, has announced they will NOT be updating the driver for most of their printers, especially the older ones.

Here is the helpful, helpful message on the HP site:

We are sorry to inform you that there will be no Mac OS X 10.6 (Snow Leopard) support available for your HP product. Therefore your product will not work with Mac OS X 10.6.

And HP is helpfully suggesting you buy a new printer to solve this dilemma.

Isn’t that nice of them? Offering for you to buy a new printer like that?

I mean, come on. How much effort is it to create a driver update? Jeeze, they do it for stinkin’ Microsoft every third day of the week!

So, you must check the website of the company that made your printer and see about a printer driver update BEFORE you install Snow Leopard. You may have to buy a new printer if you have an HP printer. So, be advised.

Unfortunately, I just found this all out the hard way.