Quotulatiousness

May 21, 2013

Conflating rules for “sexual harassment” with “sexual assault”

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , , — Nicholas @ 10:17

Wendy Kaminer on the issues of sexual harassment rules on campus:

What’s the difference between an unwelcome request for a date and rape? Pursuant to the Obama administration’s definition of sexual harassment, this is not an easy question to answer.

You have to read the administration’s latest diktat to colleges and universities to believe it. In a joint letter to the University of Montana (intended as ‘a blueprint’ for campus administrators nationwide), the Department of Justice (DoJ) and the Education Department’s Office of Civil Rights (OCR) define sexual harassment as ‘unwelcome conduct of a sexual nature’, verbal or non-verbal, including ‘unwelcome sexual advances or acts of sexual assault’. Conduct (verbal or non-verbal) need not be ‘objectively offensive’ to constitute harassment, the letter warns, ignoring federal court rulings on harassment, as well as common sense. If a student feels harassed, she may be harassed, regardless of the reasonableness of her feelings, and school administrators may be legally required to discipline her ‘harasser’.

They are also required to promulgate detailed policies parroting the DoJ/OCR definition of harassment, as well as procedures for reporting and prosecuting alleged offences: ‘Federal government mandates unconstitutional speech codes at college and universities nationwide’, the Foundation for Individual Rights in Education (FIRE) accurately declares:

‘Among the forms of expression now punishable on America’s campuses by order of the federal government are:

  • Any expression related to sexual topics that offends any person. This leaves a wide range of expressive activity — a campus performance of The Vagina Monologues, a presentation on safe-sex practices, a debate about sexual morality, a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita — subject to discipline.
  • Any sexually themed joke overheard by any person who finds that joke offensive for any reason.
  • Any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.

There is likely no student on any campus anywhere who is not guilty of at least one of these “offences”. Any attempt to enforce this rule evenhandedly and comprehensively will be impossible.’

FIRE is right to note that fair, inclusive enforcement of this mindlessly broad policy is impossible. But I doubt it’s intended to be fairly enforced. I doubt federal officials want or expect it to be used against sex educators, advocates of reproductive choice, anti-porn feminists or gay-rights advocates if their speech of a sexual nature is ‘unwelcome’ by religious conservatives.

“… and Lord Tebbit as the Bursar”

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:05

In case you didn’t catch it, this is a Discworld reference.

May 20, 2013

18-year-old charged with two felonies due to relationship with 15-year-old

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:08

An 18-year-old Floridian is facing two felony charges of “lewd and lascivious battery on a child 12 to 16″ due to a relationship with a 15-year-old girl:

“These people never came to us as parents, never tried to speak to us… and tell us they had a problem with the girls dating,” Kaitlyn Hunt’s mother, Kelley Hunt-Smith, wrote in an statement posted to Facebook. “…They were out to destroy my daughter. [They] feel like my daughter ‘made’ their daughter gay.”

According to Hunt-Smith, police arrived at the family’s home Feb. 16 and put her daughter in handcuffs. Local news website TCPalm.com listed Kaitlyn Hunt’s arrest for “lewd and lascivious battery” on Feb. 18, and the girl’s mug shot is still easily accessible on the Internet.

But the trouble didn’t stop there. The other girl’s parents repeatedly tried to have Kaitlyn, a senior, expelled from school. Despite the Sebastian River High School administration’s denial of their request, and a judge’s order allowing Kaitlyn to remain in school (so long as the girls had no contact), the 15-year-old’s parents successfully petitioned the school board to have Hunt removed from school weeks prior to graduation.

On the one hand, it’s outrageous that Hunt has been charged, but it’s oddly re-assuring that even though it’s a lesbian relationship, it’s being dealt with exactly the same way that a comparable heterosexual relationship would be: treated as a sex crime. And yes, in either case it’s absurd that teenagers are being classed as sexual predators for relationships that would have been considered quite ordinary a decade ago.

May 19, 2013

Scottish government assigns state guardians to all children

Filed under: Britain, Government, Law — Tags: , , , — Nicholas @ 09:02

The SNP has introduced brand new form of interference in the lives of Scottish families:

Under the “scary” legislation, known as Getting It Right For Every Child or GIRFEC, every child aged under 18 will have a ‘Named Person’ with the legal right to ensure they are raised in a government-approved manner.

It will also mean that sensitve personal details about every child — even down to the names of their pets — can be recorded, stored and shared on a central database.

Incredibly, GIRFEC has already been adopted by almost every local authority in Scotland and yet most people — including some MSPs — have no idea of the full extent of its Big Brother-style interference.

[. . .]

For children under five, the state guardian will usually be a health visitor, while for school-age children it will usually be the headteacher or deputy head.

They will have to record “routine information” about their charges, which is then stored in a vast database, and can raise concerns about a child’s wellbeing that could ultimately result in them being taken into care.

Marion Samson, headteacher at Westquarter Primary and Nursery in Falkirk, is a ‘Named Person’ who says her role is to “challenge” families who are not bringing up their children properly.

However, in response to her profile on the government’s Engage for Education blog, one teacher – giving her name as Sian Dawson — described GIRFEC as “quite a scary notion”.

She wrote: “Perhaps the Scottish Government would be far better tightening up the processes surrounding child protection for those who actually need help rather than not trusting the majority of families to do a good job.”

According to a Scottish Government training document seen by this newspaper, the specific aim of GIRFEC is to undermine parents and give the “community” a greater role in raising children.

IP lawyers whine about patents and 3D printing

Filed under: Law, Media, Technology — Tags: , , , , , — Nicholas @ 08:52

Cory Doctorow appears to have been plagiarized by real life:

Two minor characters from my novel Makers have apparently come to life and written an article for 3D Printing Industry. These two people are patent lawyers for Finnegan IP law firm, Washington, DC, which I don’t recall making up, but this is definitely a pair of Doctorow villains (though, thankfully, I had the good sense not to give them any lines in the book — they’re far too cliched in their anodyne evil for anyone to really believe in).

These patent lawyers are upset because the evil Makers (capital-M and all!) are working with the Electronic Frontier Foundation to examine bad 3D printing patents submitted to the US Patent and Trademark Office. The problem is that 3D printing is 30 years old, so nearly all the stuff that people want to patent and lock up and charge rent on for the next 20 years has already been invented, and the pesky Makers are insisting on pointing out this inconvenient fact to the USPTO.

This breaks the established order, which is much to be preferred: the UPSTO should grant all the bullshit patents that companies apply for. The big companies can pay firms like Finnegan to file patents on every trivial, stale, ancient idea and then cross-license them to each other, but use them to block disruptive new entrants to the marketplace. The old system also has the desirable feature of arming patent trolls with the same kind of bullshit patents so that they can sue giant companies and disruptive startups alike, and Finnegan can be there to soak up the tens of millions of dollars in legal fees generated by all this activity.

May 17, 2013

Toronto mayor denies crack cocaine allegations

Filed under: Cancon, Law, Media — Tags: , , — Nicholas @ 08:47

I woke up to some fascinating news … Toronto’s Mayor Rob Ford is alleged to have been videotaped while smoking crack cocaine:

The U.S. website gawker.com published an article late Thursday alleged it had been offered a video of Ford “smoking crack cocaine” — and the Toronto sellers were hoping to get six-figures for the video.

“First of all, I’ve spoken to the mayor yesterday and secondly, he denies any such allegation,” Ford’s lawyer Dennis Morris told the Toronto Sun Friday.

Morris wasn’t sure if Ford would address the allegations Friday.

“We’ll just have to see how that unfolds,” he said.

Asked if the mayor plans any legal action, Morris said they’re at the “bottom rung of the ladder of anything of that nature now.”

[. . .]

In the wake of the gawker.com story, the Toronto Star published a story Friday morning by two reporters who state they were shown the alleged video earlier this month and alleging Somali drug dealers are shopping the video around.

While I’m far from a Rob Ford fan, I do find this story to be hard to believe. Ford has managed some awesome face-palm moments during his term in office but I can’t credit that any politician would put himself into this kind of situation. Either way, Toronto politics have been much more interesting since Ford was elected.

Update: Here’s the Toronto Star story:

The footage begins with the mayor mumbling. His eyes are half-closed. He waves his arms around erratically. A man’s voice tells him he should be coaching football because that’s what he’s good at.

Ford agrees and nods his head, bobbing on his chair.

He says something like “Yeah, I take these kids . . . minorities” but soon he rambles off again.

Ford says something like: “Everyone expects me to be right-wing, I’m . . .” and again he trails off.

At one point he raises the lighter and moves it in a circle motion beneath the pipe, inhaling deeply.

Next, the voice raises the name of Liberal Leader Justin Trudeau. The man says he can’t stand him and that he wants to shove his foot up the young leader’s “ass so far it comes out the other end.”

Ford nods and bobs on his chair and appears to say, “Justin Trudeau’s a fag.”

The man taping the mayor keeps the video trained on him. Then the phone rings. Ford looks at the camera and says something like “that better not be on.”

The phone shuts off.

Update the second: Popehat calls it the “most wonderful legal threat ever”:

Various journalists are claiming they have seen a video of Toronto Mayor Rob Ford smoking crack.

This led to the most darling legal threat ever from a lawyer named Dennis Morris — who has represented Ford for some time — to Gawker

[. . .]

This is delightful, like that video of the kitten freaking out when it sees a lizard.

First, nobody ever governed themselves accordingly based on a threat from a hotmail account. Second, are you using some sort of comma-based operating system? Third, what the fuck are you talking about?

This sets a high bar.

May 16, 2013

Tim Harford on the patent system’s failings

Filed under: Business, Law, Technology — Tags: , , , , — Nicholas @ 08:15

The question seems to be is it totally broken or only partially broken?

According to one well-publicised estimate, there are 250,000 patents relevant to a modern smartphone. Even if the number is one-tenth of that, it suggests an impossible thicket of intellectual property through which a company must hack to bring a cool new product to market.

A key issue is something called the hold-up problem. If a $1bn product depends on 1,000 patents, it is clearly impossible to pay the typical patent holder more than $1m. But any patent-holder could try to extort many times that amount by threatening to block the whole project.

Large firms have responded to this problem by buying or developing large collections of patents. This gives them the ability to launch countersuits, and that threat should make rivals reasonable. But although defensive patenting looks like a pragmatic solution, it has costs and limits. The wave of defensive applications swamps patent offices, which means more poor-quality patents and longer delays.

“Patent trolls” — a derisive name for companies that make money purely from their patents — have less to lose in a patent war but although some are legitimate, others are extortionists. And while established players may reach cosy understandings, a young company with a new idea may find it impossible to break into a market that is thick with defensive patents. If only the big boys can play the patent game, innovation will suffer.

May 14, 2013

In other Minnesota news, same-sex marriage becomes legal today

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:57

Jacob Sullum notes that Minnesota becomes the twelfth state to legalize same-sex marriage today:

Today Minnesota, where voters last fall rejected a constitutional amendment banning gay marriage, becomes the 12th state to give homosexual unions the same legal status as heterosexual unions. The state legislature approved the bill yesterday, and Gov. Mark Dayton plans to sign it this evening. Minnesota is the third state to legalize gay marriage in the last 10 days, following Rhode Island on May 2 and Delaware on May 7. The nine other states are Maine, Maryland, New Hampshire, Vermont, and New York, where legal recognition of gay marriage was approved by the legislature or by voters, plus Connecticut, Iowa, and Massachusetts, where courts required the change.

May 10, 2013

Colby Cosh on “gendercide”

Filed under: Cancon, Health, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 10:53

Despite the federal government’s efforts to keep this debate from happening, we apparently are going to be having a big national debate about abortion. (For those following from outside the borders of Former Soviet Canuckistan, Canada doesn’t actually have any abortion law on the books at the moment, and Stephen Harper’s government of “bitter-clinging, right-wing, Bible-thumping, fundamentalist Christian” Conservatives is desperate not to have to bring one in.) Colby Cosh explains why the efforts by some back-bench MPs to use “gendercide” as a way to force the government’s hand won’t work:

Here, then, is my contribution to the big conversation.

(1) “Gendercide” is incoherent religious militancy in cheap drag. (Editors certainly shouldn’t be taking sides by putting it in headlines as if it were an actual thing.)

(2) However you feel about personal eugenics, which is an accurate name for “mothers choosing babies that are likely to be better in some respect they deem relevant”, the Era Of It is arriving now and will not be wished away.

(3) Sex-selective abortion perpetrated for reasons of religious superstition is, upon all evidence, a marginal phenomenon in this country, probably a fading one, and quite likely to be an inherently self-correcting one. It makes a shabby excuse for blowing up the political truce our country clings to when it comes to the topic of abortion. (It seems remotely possible that Stephen Harper has perceived this and concurs with it.)

(4) In particular, no statute is likely to be effective against sex selection by mothers. We had one, you know, and it actually made a hypothetical exception for parents at risk of X-linked gene disease. A Liberal government devoted to “reproductive choice” criminalized sex-selective embryo implantation by means of the Assisted Human Reproduction Act; a Supreme Court found that law offensive to the Constitution; and a Conservative government closed the agency that was supposed to enforce it because it had accomplished the sum total of jack squat ever.

(5) People who wish to police sex-selective abortion had better figure out what exactly kinds they don’t like. And why. And what other reasons for a woman to have an abortion don’t cut their brand of mustard. And whether they really want their wives, girlfriends, daughters or nieces to end up as a future Case 6 running afoul of the law.

(6) Fellow-travellers of Mark Warawa who think he makes an awesome test case for parliamentary purity should consider looking for one that, pardon the metaphor, doesn’t have quite so many oopsies in its DNA.

May 9, 2013

Part of the reason the Cleveland kidnapper went undetected is the emphasis on the “War on Drugs”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:48

You may have heard this argument from Radley Balko or the folks at Reason and Reason.tv, but here’s Kristen Gwynnne at Alternet making a very Balko-sounding point about police militarization:

Retired law enforcement veteran Stephen Downing, former captain of detectives in the LAPD, says he has not seen proof that the police officers failed to adequately respond to information in this case; indeed, police cannot possibly crack every case and investigate every angle all the time. At the same time, we must recognize that police are incentivized to go after certain crimes — like drug crimes — and not other, far more heinous crimes, like rape.

In the first place, federal cash giveaways make police departments’ reactions to drug cases much more swift and severe.

“The statistical demands of the drug war and the grants that come from the federal government — all they do is incentivize our local police to chase drugs and chase seizures so they can supplement their budgets,” Downing said. “We call that ‘policing for profit.’”

Furthermore, allowing military training of local police has “turned our police into drug warriors,” instead of “police officers and peace officers.”

“Every police department, every sheriff’s department, and the federal government have personnel that are dedicated 100 percent of the time to drug enforcement,” said Downing, “and the result of that is to use police resources for that purpose.”

[. . .]

Praising the man who helped Amanda Berry escape, Stephen Downing also says police need to become more involved with their communities.

“The community is involved in solving these cases and the willingness of people is helpful,” he said. “If the police would recognize more the true value of their community — that the people are the police and the police are the people — rather than chasing drugs and asset seizures and policing for profit modalities, all our communities would be better off and more aware.”

Update: A few hours later, and Reason also links this piece:

At the crux of the drug war is the victimless crime of narcotics possession and use (and the sales that make that voluntary possession and use possible, tied to which are the weapons needed because of the business’ illegal status). Billions have been spent on law enforcement around the country to combat an essentially private, voluntary choice. Alternet ran a piece this morning explaining some of the perverse benefits for police to going after drug crimes instead of kidnapping, rape and slavery. The rescue of three women by a passer-by from a home police had been alerted to multiple times (and which was apparently occupied by the father of one of the girl’s self-described “best friends”), coupled with incidents like the suspected Boston bomber being spotted not by a massive manhunt but by a homeowner having a cigarette in his backyard and the thwarting of the Times Square bombing not by the heavily-armed and stationary police officers in the area but by local vendors going about their business suggests it’s not money or even manpower but good, alert police work that can solve and stop crimes. Instead, fueled by the militarization of police and the war on drugs, the beat cop’s disappearing while the war on what goes in your body continues, violently.

May 7, 2013

Escaped Colombian convict gets sex change to avoid recapture

Filed under: Americas, Law — Tags: , , , — Nicholas @ 08:57

You have to admire the dedication of Colombian prison inmate Giovanni Rebolledo who apparently went through a partial sex-change in an attempt to stay off the police radar:

Colombian transgender criminal

After escaping from prison where he had been sentenced to serve 60 years, Giovanni Rebolledo reportedly decided to get breast implants to help him avoid capture.

Despite his rather impressive new rack, Police were able to identify and capture Rebolledo during a routine stop and search in the Viejo Prado district of the northern coastal city of Barranquilla.

Following his extreme make-over, the suspect reportedly was involved to some degree in prostitution in the area.

Depending on where the Colombian justice system decides Rebolledo has to serve the remaining years of the original sentence, “Rosalinda” may be a very popular inmate after this.

Cleveland in the news

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 08:11

Dave Owens sent this along, saying “It may be the greatest TV interview ever.”

May 6, 2013

QotD: This seems like a bad idea

Filed under: Law, Liberty, Quotations, USA — Tags: , , , , , — Nicholas @ 08:13

A Florida county sheriff is being given a million dollars to violate the rights of the people who were stupid enough to put him in office.

According to an article by Palm Beach Post staff writers Dara Kam and Stacey Singer, posted Monday, April 29, Palm Beach County Sheriff Ric Bradshaw has been awarded $1 million by Florida House and Senate budget leaders for a new “violence prevention unit aimed at preventing tragedies like those in Newtown, Connecticut and Aurora, Colorado.

It would be bad enough if this particular jackbooted thug planned only to use this ill-gotten tax money for the usual militarized toys — machineguns or armored personnel carriers — the cops are so crazy about today, but Bradshaw reportedly wants to create “prevention intervention units” consisting of “specially trained deputies, mental health professionals, and caseworkers”. which “will respond to citizen calls to a 24-hour hotline with a knock on the door and a referral to services”.

“We want people to call us if the guy down the street says he hates the government…” the Big-Brotherly Bradshaw bloviated. “What does it hurt to have somebody knock on a door and ask, ‘Hey, is everything OK?’” Since the cops these days do their knocking with a three-foot concrete-filled section of four-inch diameter steel pipe, with welded rebar handles, Bradshaw’s stupid question tends to answer itelf.

L. Neil Smith, “Cutting the Root of Tyranny”, Libertarian Enterprise, 2013-05-06

May 2, 2013

Fraudster who sold fake bomb detectors to Iraq jailed for ten years

Filed under: Britain, Law, Middle East, Technology — Tags: , , , — Nicholas @ 08:54

Under the circumstances, a ten year sentence is pretty lenient:

Fraudster James McCormick has been jailed for 10 years for selling fake bomb detectors.

McCormick, 57, of Langport, Somerset perpetrated a “callous confidence trick”, said the Old Bailey judge.

He is thought to have made £50m from sales of more than 7,000 of the fake devices to countries, including Iraq.

The fraud “promoted a false sense of security” and contributed to death and injury, the judge said. He also described the profit as “outrageous”.

Police earlier said the ADE-651 devices, modelled on a novelty golf ball finder, are still in use at some checkpoints.

Sentencing McCormick, Judge Richard Hone said: “You are the driving force and sole director behind [the fraud].”

He added: “The device was useless, the profit outrageous, and your culpability as a fraudster has to be considered to be of the highest order.”

One invoice showed sales of £38m over three years to Iraq, the judge said.

The bogus devices were also sold in other countries, including Georgia, Romania, Niger, Thailand and Saudi Arabia.

April 30, 2013

Barnes & Noble files a great argument for reforming the patent system

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 15:22

At Techdirt, Mike Masnick has to restrain himself from just quoting the whole B&N submission to the Federal Trade Commission and the Department of Justice:

As Groklaw notes, the B&N filing is clear, concise and highly readable. It outlines the problem directly:

    The patent system is broken. Barnes & Noble alone has been sued by “non practicing entities” — a/k/a patent trolls — well over twenty-five times and received an additional twenty-plus patent claims in the last five years. The claimants do not have products and are not competitors. They assert claims for the sole purpose of extorting money. Companies like Barnes & Noble have to choose between paying extortionate ransoms and settling the claim, or fighting in a judicial system ill equipped to handle baseless patent claims at costs that frequently reach millions of dollars.

As they point out clearly, even when they have a very strong case — either when they don’t infringe and/or when the patent is bogus, a lawsuit is incredibly costly in terms of time, money and effort.

    In the current system, patent trolls overwhelm operating companies with baseless litigation that is extremely costly to defend. Patent cases generally cost at least $2M to take through trial, and frequently much more. Litigating, even to victory, also entails massive business disruption. Companies are forced to disclose their most sensitive and top-secret technical and financial information and must divert key personnel from critical business tasks to provide information and testimony. The process is exceptionally burdensome, especially on technical staff. Document discovery and depositions seem endless.

    Patent trolls know this and as a result, they sue companies in droves and make settlement demands designed to maximize their financial take while making it cheaper and less painful to settle than to devote the resources necessary to defeat their claims. The current system lets them do so even with claims that are unlikely to prevail on the merits. That is because, whether win lose or draw, the rules effectively insulate trolls from negative consequences except perhaps a lower return than expected from any given company in any given case. They can sue on tenuous claims and still come out ahead. And so the broken system with its attendant leverage allows trolls to extract billions in blackmail from U.S. companies and, in the final analysis, consumers.

One of the great things about the filing is that it reminds the FTC and the DOJ of the constitutional underpinnings of patent law — not that patents are required or guaranteed, but that their purpose is to promote the progress of the useful arts. If that is not happening, then the use of patents in such a manner should be seen as unconstitutional.

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