Quotulatiousness

February 27, 2015

Virginia’s asset forfeiture rules about to change for the better

Filed under: Law,Liberty,USA — Tags: , , — Nicholas @ 03:00

Techdirt‘s Tim Cushing reports on a hopeful sign from Virginia:

The Institute for Justice’s 2010 report “Policing for Profit” [PDF] listed Virginia as one of the worst five states in the nation in terms of forfeiture abuse. Pushing the state towards its Bottom Five finish was this perverted incentive: 100% of the proceeds from civil asset forfeiture were retained by the law enforcement agency performing the seizure. And, like a majority of states, Virginia also perverted the justice system, deeming the property “guilty” and transferring the burden of proof to those whose assets were seized.

Now that civil asset forfeiture has gone mainstream, receiving coverage from major press outlets, legislators are having a harder time ignoring opponents of these “legalized theft” programs. In response, Virginia’s lawmakers are trying to drag the state out of its forfeiture morass.

    Last week the Virginia House of Delegates overwhelmingly approved a bill that would effectively raise the burden of proof for civil forfeitures by forcing the government to return seized property unless it can obtain a criminal conviction. The bill, introduced by Del. Mark Cole (R-Spotsylvania) and Del. Scott Surovell (D-Mount Vernon), passed by a vote of 92 to 6 and is now being considered by the state Senate.

This fixes one major issue with many civil asset forfeiture programs. Virginia’s laws only demanded a “preponderance of the evidence,” something that sounds like a lot but in reality is far lower than establishing guilt “beyond a reasonable doubt.” If the latter edges towards a theoretical 75% assurance of guilt, the percentage for asset forfeiture approaches a coin flip: 51%. Now, there needs to be a conviction before the agency can keep the seized property.

February 25, 2015

Net Neutrality, Title II Proponents “Assume Nothing Has Changed” Since 1995: Daniel Berninger

Filed under: Bureaucracy,Business,Law,Technology,USA — Tags: , , — Nicholas @ 03:00

Published on 23 Feb 2015

“All the logic that we are seeing in the Net Neutrality debate is assuming that nothing has changed; it’s assuming that it’s 1995. What’s actually happened is that people get more and more service, year in and year out,” says Daniel Berninger, a telecom activist who was involved in the early days of internet-phone service of Vonage.

Net Neutrality proponents, including President Obama, argue that internet-service providers (ISPs) need to be regulated by the Federal Communications Commission (FCC) in order to keep the internet “free and open.”

Berninger heads up VCXC, a nonprofit that is pushing for regulatory and policy changes to speed up the transition to IP-based networks for voice and data sharing. He’s an unsparing critic of FCC Chairman Tom Wheeler’s plan to implement Net Neutrality by regulating broadband network operators under Title II or “common carrier” provisions of federal law.

Title II has historically applied to telephone companies, which were regulated as public utilities and subject to government scrutiny regarding every aspect of service, including pricing and universal service obligations. Since the mid-1990s, the internet has been classified as an “information service,” which is subject to much less regulation under Title I of the relevant federal law.

“Title II regulation has been around for 80 years,” says Berninger, “and we know exactly what it can accomplish and what it can’t accomplish … in all the things that it touched, it essentially destroyed innovation.” In 1956, he explains, as part of a consent decree involving ATT, phone service was regulated by the FCC under Title II while “information services” were essentially unregulated. “We split communications and computing and treated them entirely different — essentially as a twin experiment. Well, one twin prospered and one twin did not do very well.” Berninger argues that virtually all the problems that proponents of Title II regulation and Net Neutrality worry over — such as the blocking of specific websites and the deliberate slowing of traffic — haven’t occurred precisely because ISPs are subject to market competition and must constantly innovate to keep customers happy. FCC regulation would hamper that.

The FCC will vote on Wheeler’s proposal later this week and is widely expected to endorse it. The FCC has lost two previous attempts to assert regulatory control over the internet.

February 23, 2015

Do these count as “known unknowns”? Searching for copies of the Magna Carta

Filed under: Britain,History,Law,Liberty — Tags: , , , , — Nicholas @ 02:00

At the Magna Carta Project, Professor Nicholas Vincent recounts how he tracked down a previously unknown copy in Sandwich:

Now, I have often found that the most interesting original records of Magna Carta, as of much else, have gone unnoticed precisely because they are assumed either to be copies rather than originals or because they travel with other less famous documents. Cataloguers, assuming that Magna Carta is much too important to have been overlooked, have very frequently assumed that originals are copies, not from any physical evidence of the fact, but simply because the idea of possessing an unknown Magna Carta has appeared to the cataloguer to be as absurd as suddenly stumbling upon an unknown play by Shakespeare or a unknown canvas by Vermeer. The most famous documents are often the documents that, in their natural habitat, have been least studied. Edgar Allan Poe sums up this situation perfectly in his story “The Purloined Letter”. Poe’s plot here turns on the fact that, if you wish to hide something that everybody else assumes hidden, the best place to hide it is in plain view.

The Hereford Magna Carta of 1217

The Hereford Magna Carta of 1217

I can claim, long before last December, to have found at least three Magna Cartas. All were in plain view. None of them was ‘unknown’, in the sense that they had all previously been listed, albeit in obscure places, either as Magna Cartas or as ‘copies’ of Magna Carta. They were nonetheless ‘unknown’ in the sense that they were either assumed to be ‘copies’ or ‘duplicates’ rather than originals (one of the three 1217 Magna Cartas, and the 1225 Magna Carta in the Bodleian Library in Oxford), or were known locally but without any appreciation that local knowledge had not come to national or international attention (the 1300 Magna Carta preserved in the archives of the borough of Faversham). In one instance (the 1217 Magna Carta now in Hereford Cathedral), it had been catalogued as a royal charter of liberties, but without realizing that these liberties were those otherwise known as ‘Magna Carta’. I vividly remember phoning Hereford Cathedral, in 1989, and asking if I could go down there the following day to see their Magna Carta (for there could be little doubt from the catalogue entry that Hereford’s ‘Charter of liberties 1217′ was a 1217 Magna Carta). I received a very dusty answer. ‘We have no Magna Carta’, I was told, ‘You must be thinking of Mappa Mundi!’. Ignoring this, and ordering up the document by call number, I found myself, the following morning, greeted on Hereford railway station by the canon librarian and the delightful cathedral archivist, Meryl Jancey. Archivists and canon librarians do not generally go to the railway to greet visiting postgraduate students. Short of playing me up Hereford High Street with a brass band, they could not have expressed more joy. And inevitably, their first question was ‘How much is it worth?’.

[…]

The Forest Charter of 1225, British Library Add. Ch. 24712

The Forest Charter of 1225, British Library
Add. Ch. 24712

One other detail before we pass on. Magna Carta as issued in 1215 promised reform not only of the realm as a whole but of the King’s administration of those parts of England placed under ‘forest law’ (i.e. set aside for the King’s hunting, with severe consequences for land use and the preservation of game). In 1217, to answer this demand for reform, King Henry III not only issued a new version of Magna Carta but, as a companion piece, an entirely distinct and smaller charter known as the ‘Forest Charter’. From 1217 onwards, the Forest Charter travelled in the company of Magna Carta, rather as a pilot fish accompanies a shark. It was in order to distinguish between these two documents, bigger and smaller, that as early as 1217 Magna Carta was first named ‘Magna’ (‘the great’). Thereafter, on each successive reissue of Magna Carta, the Forest Charter was also reissued, in 1225, 1265, 1297 and 1300. The Record Commissioners, in their search for original documents, were much less thorough in their treatment of the Forest Charter than they were in their search for its more famous sibling. Blackstone had found only two original Forest Charters, both of them very late. The Record Commissioners knew of only three. By contrast, we now know that at least twelve survive. Some of these turned up fortuitously at the time of my own search for new manuscripts in 2007. Others had resurfaced even more recently.

So it was, that around 4.30am in the morning of 9 December 2014, I decided that a catalogue entry describing a Forest Charter of 1300, might well merit further investigation. Even in the seven years between 2007 (when I compiled my lists for Sotheby’s) and 2014, when I stumbled on the reference to the borough of Sandwich’s Forest Charter, I had found at least three further original Forest Charters previously misidentified or ignored. The earliest of these, of 1225, came to light amongst the muniments of Ely Cathedral, the most recent, of 1300, in the British Library. An original of 1300 at Oriel College seen by Blackstone, reported missing in 2007, had re-emerged safe and sound.

Thanks to modern technology, from Belfast to Maidstone is a mere click of the mouse. At 4.39 Greenwich meantime on the morning of 9 December last year, I sent an email (I have it in front of me) to Dr Mark Bateson. I have known Mark for nearly twenty years, first as an archivist at Canterbury Cathedral (where he was one of those who devised the magnificent catalogue of Canterbury’s medieval charters), and more recently following his transfer to Maidstone. I told him that I had found the reference to a Forest Charter , and as I noted in my email: ‘If this really is the 1300 Sandwich copy of the forest charter, issued under the seal of Edward I, then it is a major find. There are only a handful of such exemplifications still surviving as originals. It would also fundamentally alter our understanding of the way in which the charters of liberties were distributed for the later reissues of Magna Carta. Is there any chance of your taking a sneak preview?’

February 19, 2015

QotD: The prohibitionists

Filed under: History,Law,Politics,Quotations,USA — Tags: , , — Nicholas @ 01:00

This notion, I believe, is at the bottom of much of the current pathetic faith in Prohibition. The thing itself is obviously a colossal failure — that is, when viewed calmly and realistically. It has not only not cured the rum evil in the United States; it has plainly made that evil five times as bad as it ever was before. But to confess that bald fact would be to break the forward-looking heart: it simply refuses to harbor the concept of the incurable. And so, being debarred by the legal machinery that supports Prohibition from going back to any more feasible scheme of relief, it cherishes the sorry faith that somehow, in some vague and incomprehensible way, Prohibition will yet work. When the truth becomes so horribly evident that even forward-lookers are daunted, then some new quack will arise to fool them again, with some new and worse scheme of super-Prohibition. It is their destiny to wobble thus endlessly between quack and quack. One pulls them by the right arm and one by the left arm. A third is at their coat-tail pockets, and a fourth beckons them over the hill.

The rest of us are less tender-minded, and, in consequence, much happier. We observe quite clearly that the world, as it stands, is anything but perfect — that injustice exists, and turmoil, and tragedy, and bitter suffering of ten thousand kinds — that human life at its best, is anything but a grand, sweet song. But instead of ranting absurdly against the fact, or weeping over it maudlinly, or trying to remedy it with inadequate means, we simply put the thought of it out of our minds, just as a wise man puts away the thought that alcohol is probably bad for his liver, or that his wife is a shade too fat. Instead of mulling over it and suffering from it, we seek contentment by pursuing the delights that are so strangely mixed with the horrors — by seeking out the soft spots and endeavoring to avoid the hard spots. Such is the intelligent habit of practical and sinful men, and under it lies a sound philosophy. After all, the world is not our handiwork, and we are not responsible for what goes on in it, save within very narrow limits. Going outside them with our protests and advice tends to become contumacy to the celestial hierarchy. Do the poor suffer in the midst of plenty? Then let us thank God politely that we are not that poor. Are rogues in offices? Well, go call a policeman, thus setting rogue upon rogue. Are taxes onerous, wasteful, unjust? Then let us dodge as large a part of them as we can. Are whole regiments and army corps of our fellow creatures doomed to hell? Then let them complain to the archangels, and, if the archangels are too busy to hear them, to the nearest archbishop.

H.L. Mencken, “The Forward-Looker”, Prejudices, Third Series, 1922.

February 18, 2015

Listen to the lawyer, gentlemen, and don’t get involved in a BDSM relationship

Filed under: Law,Liberty,Media,USA — Tags: , , , — Nicholas @ 02:00

At The Federalist, Leslie Loftis provides a bit of friendly (lawyerly) advice to men in the wake of the Fifty Shades of Grey bandwagon:

The Fifty Shades of Grey hype has started its saturation run-up to the movie release this week. I expected the music video releases, the Super Bowl commercials. I did not expect the branding promotions.

I am a lawyer. Ever since their first year of law school, lawyers see liability. And in this bondage-for-amateurs fandom that is 50SOG (hat tip to Tracinski for the abbreviation) liability lurks everywhere.

We live in an era of “yes means yes” and “always believe the woman.” Fun or not, consent or not, signed document or not — no man should ever engage in bondage sex behavior. The best of the law doesn’t allow contracts for bodily harm, no matter the parties’ intent. Some of the worst law throws out the constitutional standard of innocent until proven guilty. If a woman regrets and later reports consensual acts as rape and it comes down to her word against his, then he will lose.

In this legal environment, this sort of sex play is high-risk. So I was shocked to learn that mainstream chain Target was selling 50SOG-branded toys. I saw the 50SOG display and my mind immediately went to the McDonalds’ coffee-burn case. They are selling candles … for bedrooms … next to blindfolds. No potential problems here.

February 16, 2015

Even if you do nothing, you can still be arrested for “resisting arrest”

Filed under: Law,Liberty,USA — Tags: , , , — Nicholas @ 04:00

We’ve seen examples of this before, but if the NYPD gets its way, the all-purpose charge of “resisting arrest” will become a felony offense:

The most half-baked “weapon” in any policeman’s arsenal should never be raised to the level of a felony. “Resisting arrest” is the charge brought when bad cops run out of better ideas. This truism runs through nearly every law enforcement agency in the country. When you take a look at videographers and photographers who have been arrested for exercising their First Amendment rights (and backed by a DOJ statement), you’ll see plenty of “resisting arrest” charges.

When a San Francisco public defender tried to head off a detective who wanted to question and photograph her client without her permission, she was arrested for “resisting arrest.”

When someone has been brutalized by the police, the words “resisting arrest” are repeated nearly as frequently as the mantra that accompanies every taser deployment and baton swing (“stop resisting”). Resisting arrest is a dodge that makes bad cops worse and marginal cops bad.

Turning resisting arrest into a felony shouldn’t happen anywhere. But perhaps especially not in New York City.

[…]

To turn this into a felony is to grant bad cops a longer leash — and allows them to do much more damage. Not only will the victims of excessive force have to deal with injuries and psychological trauma, they may also find their futures severely disrupted by a felony charge that will follow them around for years.

The protests following the clearing of the officer involved in Eric Garner’s death, followed shortly thereafter by the murder of two NYPD officers by a civilian, have turned the NYPD against the public. Bratton’s support of this abhorrent idea makes it clear he’s willing to put more power in the hands of his worst officers. However bad he feels the situation is now, this action will only make things worse. The answer lies in greater accountability from the NYPD, not additional punishments for members of the public.

February 15, 2015

The term “carjacking” may take on a new meaning

Filed under: Law,Technology — Tags: , , , — Nicholas @ 05:00

Earlier this month, The Register‘s Iain Thomson summarized the rather disturbing report released by Senator Ed Markey (D-MA) on the self-reported security (or lack thereof) in modern automobile internal networks:

In short, as we’ve long suspected, the computers in today’s cars can be hijacked wirelessly by feeding specially crafted packets of data into their networks. There’s often no need for physical contact; no leaving of evidence lying around after getting your hands dirty.

This means, depending on the circumstances, the software running in your dashboard can be forced to unlock doors, or become infected with malware, and records on where you’ve have been and how fast you were going may be obtained. The lack of encryption in various models means sniffed packets may be readable.

Key systems to start up engines, the electronics connecting up vital things like the steering wheel and brakes, and stuff on the CAN bus, tend to be isolated and secure, we’re told.

The ability for miscreants to access internal systems wirelessly, cause mischief to infotainment and navigation gear, and invade one’s privacy, is irritating, though.

“Drivers have come to rely on these new technologies, but unfortunately the automakers haven’t done their part to protect us from cyber-attacks or privacy invasions,” said Markey, a member of the Senate’s Commerce, Science and Transportation Committee.

“Even as we are more connected than ever in our cars and trucks, our technology systems and data security remain largely unprotected. We need to work with the industry and cyber-security experts to establish clear rules of the road to ensure the safety and privacy of 21st-century American drivers.”

Of the 17 car makers who replied [PDF] to Markey’s letters (Tesla, Aston Martin, and Lamborghini didn’t) all made extensive use of computing in their 2014 models, with some carrying 50 electronic control units (ECUs) running on a series of internal networks.

BMW, Chrysler, Ford, General Motors, Honda, Hyundai, Jaguar Land Rover, Mazda, Mercedes-Benz, Mitsubishi, Nissan, Porsche, Subaru, Toyota, Volkswagen (with Audi), and Volvo responded to the study. According to the senator’s six-page dossier:

  • Over 90 per cent of vehicles manufactured in 2014 had a wireless network of some kind — such as Bluetooth to link smartphones to the dashboard or a proprietary standard for technicians to pull out diagnostics.
  • Only six automakers have any kind of security software running in their cars — such as firewalls for blocking connections from untrusted devices, or encryption for protecting data in transit around the vehicle.
  • Just five secured wireless access points with passwords, encryption or proximity sensors that (in theory) only allow hardware detected within the car to join a given network.
  • And only models made by two companies can alert the manufacturers in real time if a malicious software attack is attempted — the others wait until a technician checks at the next servicing.

There wasn’t much detail on the security of over-the-air updates for firmware, nor the use of crypto to protect personal data being phoned home from vehicles to an automaker’s HQ.

“Smart” TV? Oh, no thanks. I prefer mine not to spy on my every word…

Filed under: Business,Law,Liberty,Media,Technology — Tags: , , , , — Nicholas @ 03:00

At Techdirt, Karl Bode sings the praises of dumb TVs that don’t share your every word with unspecified “third parties” who may or may not have any compunction about further sharing of what happens in your home (within audio range of your TV, anyway):

Samsung has been doing a great job this week illustrating why consumers should want their televisions to be as dumb as technologically possible. The company took heat for much of the week after its privacy policy revealed Samsung smart TVs have been collecting and analyzing user living room conversations in order to improve voice recognition technology. While that’s fairly common for voice recognition tech, the idea of living room gear that spies on you has been something cable operators have been patenting for years. And while Samsung has changed its privacy policy language to more clearly illustrate what it’s doing, the fact that smart TV security is relatively awful has many people quite justly concerned about smart TVs becoming another poorly-guarded repository for consumer data.

But it’s something else stupid that Samsung did this week that got less press attention, but that I actually find far more troubling. Numerous Samsung smart TV users around the world this week stated that the company has started injecting ads into content being watched on third-party devices and services. For example, some users found that when streaming video content from PC to the living room using Plex, they suddenly were faced with a large ad for Pepsi that actually originated from their Samsung TV:

    “Reports for the unwelcome ad interruption first surfaced on a Subreddit dedicated to Plex, the media center app that is available on a variety of connected devices, including Samsung smart TVs. Plex users typically use the app to stream local content from their computer or a network-attached storage drive to their TV, which is why many were very surprised to see an online video ad being inserted into their videos. A Plex spokesperson assured me that the company has nothing to do with the ad in question.”

Now Samsung hasn’t responded yet to this particular issue, and you’d have to think that the company accidentally enabled some kind of trial ad injection technology, since anything else would be idiotic brand seppuku (in fact it does appear like it has been working with Yahoo on just this kind of technology). Still, users say the ads have them rushing to disable the smart portion of Samsung TVs, whether that’s by using a third party solution or digging into the bowels of the TV’s settings to refuse Samsung’s end user agreement. And that raises an important point: many consumers (myself included) want their TV to be as slack-jawed, glassy-eyed, dumb and dim-witted as possible.

February 14, 2015

Fan fiction’s greatest breakout hit (so far)

Filed under: Business,Law,Media — Tags: , , , — Nicholas @ 03:00

Jonathan Band talks about “fifty shades of fair use” and how E.L. James found wealth and fame after filing off the serial numbers and rebranding her fan fiction:

Fifty Shades of Grey, which is being released this Friday just in time for Valentine’s Day, is sure to be one of the top grossing films of the year. Depending on your point of view, fair use is to blame — or thank — for the existence of the Fifty Shades franchise.

The movie is based on the three erotic Fifty Shades novels, which have dominated (pun intended) book sales for the past three years. Over 100 million copies of the novels have been sold, the first novel of the series has been on the New York Times bestseller list for 140 weeks, and the novels have been translated into 51 languages. And to make sure that no dollar is left behind, Target just began distributing a line of Fifty Shades sex toys to coincide with the film’s release. Similarly, Vermont Teddy Bear is offering a Fifty Shades of Grey Teddy Bear, featuring smoldering eyes, a suit and satin tie, a mask, and mini handcuffs.

The British author of the series, E.L. James (a pseudonym for television executive Erika Mitchell), originally wrote the trilogy as fan fiction of Stephanie Meyer’s popular Twilight series, and posted it in installments on the fan fiction site FanFiction.net under the title Master of the Universe. Some of the readers complained that it was too racy for the site, which tries not to host adult content, so James moved it to a website she created, FiftyShades.com. At some point the popularity of the story must have convinced James of its potential commercial value, so she eliminated the potentially infringing references to Twilight characters and plotlines while retaining her original bondage/discipline, dominance/submission, and sadism/masochism themes. She divided this revised version into three novels that were published as e-books by an Australian virtual publisher.

February 10, 2015

Edmund Curll, “printer, pirate, and pornographer”

Filed under: Britain,History,Law,Media — Tags: , , , , — Nicholas @ 03:00

Sherwood Smith and Rachel Manija Brown, guest-posting at Charlie’s Diary, discuss a thoroughly awful man of letters:

Like now, there were ripoff booksellers masquerading among the legitimate ones, though today’s scammers (see Writer Beware) are rarely as colorful as the rascally Edmund Curll — printer, pirate, and pornographer. He stole material with flagrant disregard for copyright. As soon as some prominent person died, he collected gossip — it didn’t matter if it was true — for a biography, and if he didn’t have enough material, he made it up. Prominent people reportedly dreaded dying because of what Curll would do to them. A faint echo of the Curll treatment occurred a couple weeks ago, when Colleen McCullough’s obit started off by noting how fat and unlovely she’d been.

Curll churned out so much X-rated stuff under various guises that the word ‘Curlicism’ became synonymous with porn. Prison, a stint in the stocks, even being blanket-tossed and beaten by the boys at Westminster school not only didn’t stop him from theft and libel, he turned them all into marketing opportunities. Even when he was convicted of libel and forced to publish an apology and a promise to stop printing, his repentant words touted his latest books.

He’s best known for the twenty-year running duel with the poet Alexander Pope, from whom he not only stole, he lampooned under his own name and with sockpuppets. It began when he first pirated Pope, prompting the poet and his publisher to meet Curll at the Swan, where they slipped a mega dose of “physic” (think ExLax) into his drink. He turned that, too, into a marketing event, once he’d recovered from the extremes of ejecta; when Pope published a couple of triumphant pamphlets, claiming Curll was dead, Curl came right back with new material demonstrating that he was very much alive and up to his usual racket.

Their history — and there are other equally crazy-ass stories — remind me of the whoops and hollers of internet feuds and FAILS now, among writers, editors, publishers (some individuals wearing all three hats).

Aside from the Curlls, most booksellers, the publishers of the eighteenth century — like the editors working at traditional publishers now — were hardworking people who made careful decisions about what to publish because they were the ones fronting the costs of printing and of copyright.

The booksellers of Grub Street were all about copyright. For most of the eighteenth century, they met yearly, over sumptuous dinners, to hold a copyright auction that was exclusive to the booksellers. Interlopers were unceremonious chucked out.

February 9, 2015

Accused “SWATter” arrested in Las Vegas

Filed under: Gaming,Law,USA — Tags: , , , , , — Nicholas @ 07:46

In the Chicago Sun-Times, LeeAnn Shelton reports on an arrest in Las Vegas for computer-related crimes and (effectively) attempted murder by falsely reporting a serious crime at another address to get the SWAT team to raid that location.

A gamer known online as “Famed God” — who made up a murder to get police to go to an unsuspecting west suburban resident’s home last year — is behind bars in Nevada awaiting extradition.

Brandon Willson, 19, was arrested Thursday after authorities searched his home in the 4600 block of El Presidente Drive in Las Vegas, a statement from the Will County state’s attorney’s office said.

Willson used a computer to contact Naperville’s 911 center on July 10, 2014, and claimed a murder had happened at a home in the city, prosecutors claim. Naperville’s Special Response Team responded but found no crime.

The practice involves someone falsely reporting a dangerous situation to send police to another person’s home. It is known as “swatting” because the hoax calls can lead to deployment of SWAT teams.

Calling it a “dangerous prank,” State’s Attorney James Glasgow plans to craft legislation that would make swatting a felony in Illinois, the statement said. The bill would also require anyone convicted of swatting to reimburse municipalities for the cost of the emergency response.

The fantasy that CSE/CSIS oversight will actually protect the privacy of Canadians

Filed under: Cancon,Law,Technology — Tags: , , , , — Nicholas @ 04:00

Michael Geist on the rather disturbing news that Canadian intelligence agencies are busy watching the uploads of every internet user (including the Canadian users that CSE/CSIS are theoretically banned from tracking by the letter of the law):

… the problem with oversight and accountability as the primary focus is that it leaves the substantive law (in the case of CSE Internet surveillance) or proposed law (as in the case of C-51) largely unaddressed. If we fail to examine the shortcomings within the current law or within Bill C-51, no amount of accountability, oversight, or review will restore the loss of privacy and civil liberties.

First, consider the Snowden revelations that the CSE has been the lead on a surveillance initiative that gathers as many as 15 million uploads and downloads per day from a wide range of hosting sites that even appear to include the Internet Archive. The goal is reputed to be to target terrorist propaganda and training materials and identify who is uploading or downloading the materials. The leaked information shows how once a downloader is identified, intelligence agencies use other databases (including databases on billions of website cookies) to track the specific individual and their Internet use within hours of identified download.

The Levitation program, which removes any doubt about Canada’s role in global Internet surveillance, highlights how seemingly all Internet activity is now tracked by signals intelligence agencies. Note that the sites that host the downloads do not hand over their usage logs. Rather, intelligence agencies are able to track who visits the sites and what they do from the outside. That confirms a massive surveillance architecture of Internet traffic operating on a global scale. Is improved oversight in Canada alone going to change this dynamic that crosses borders and surveillance agencies? It is hard to see how it would.

Moreover, these programs point to the fundamental flaw in Canadian law, where Canadians are re-assured that CSE does not – legally cannot – target Canadians. However, mass surveillance of this nature does not distinguish between nationalities. Mass surveillance of a hundred million downloads every week by definition targets Canadians alongside Internet users from every corner of the globe. To argue that Canadians are not specifically targeted when it is obvious that the personal information of Canadians is indistinguishable from everyone else’s data at the time of collection, is to engage in meaningless distinctions that only succeed in demonstrating the weakness of Canadian law. Better oversight of CSE is needed, but so too is a better law governing CSE activities.

January 31, 2015

If nothing else, you can be arrested for “resisting arrest”

Filed under: Law,Liberty,USA — Tags: , , , , — Nicholas @ 10:25

This is a rather amazing little scene that was played out in San Francisco:

Published on 28 Jan 2015

Public Defender Jami Tillotson was unlawfully arrested at the San Francisco Hall of Justice on Tuesday, January 27, 2015 by officers of the San Francisco Police Department

Techdirt‘s Tim Cushing has the story:

As an American citizen, you can always refuse to answer questions, especially when you’re not in custody. Easier said than done, though, which is why the option of referring law enforcement to a lawyer is always on the table. Of course, police officers will try to avoid this possiblity, usually by framing the questioning as an innocuous, purely voluntary chat. They get irritated, though, when people realize this and tell them to talk to their lawyer or continually ask if they’re free to go.

So, while Tillotson’s attempt to defend her client from questioning related to a different crime may not have fallen under guaranteed Sixth Amendment protections, her willingness to protect her client from additional police questioning certainly falls within the bounds of what she (and her client) are legally allowed to do in a situation like this (i.e., “Talk to my lawyer.”)

But the police weren’t interested in speaking to a lawyer. They wanted to take pictures and ask questions without the “interference” of someone who knew how the system works. So, they arrested her for resisting arrest — which, as the video shows, she was very clearly NOT DOING BEFORE, AFTER OR DURING THE ARREST.

Tillotson objected to the arrest, but she placed her hands behind her back and allowed police to cuff her. She never struggled or otherwise impeded the officers in their duty — which was [WARNING: circular reasoning ahead] TO ARREST HER FOR RESISTING ARREST.

It’s a mindbending, oxymoronic, ugly display of force, where might = right and anyone standing in the way of an investigation needs to GTFO. With cuffs.

January 22, 2015

Rumours of privatization in Ontario’s liquor control monopoly?

Filed under: Bureaucracy,Cancon,Government,Law,Wine — Tags: , , , — Nicholas @ 09:57

In the latest issue of Michael Pinkus Wine Review, Michael talks about the hints and portents (dealing with the Ontario government requires a certain amount of Kremlinological observation skills) that a tiny measure of privatization may be coming:

There’s a rumour in the wind that a certain amount of privatization is coming to Ontario (wouldn’t that be nice), but I wouldn’t get my hopes up about it just yet – no time line has been given and I am sure that ‘more study’ is necessary … and of course, if track record is any indication, this government will find some way to either screw it up or make it such a complicated piece of legislation that it’ll take years to get through all the red tape behind it. I once heard Jerry Agar, of NewsTalk 1010 fame, say (and I’m paraphrasing here) ‘if you want something screwed up get government involved’; he’s a proponent of the private sector because they can do it more efficiently than government if only ‘the man’ would just get outta the way … I would have to agree with him here. So far the government has made a mess of our liquor system that even repressed, despotic and 3rd world countries have better access to alcohol then we do.

Sadly, I believe it might be too little too late for some of Ontario wineries who have suffered this long, but might not be around to see the light at the end of the tunnel (if and/or when it comes). Yes, this might be the end of the line for a number of our precious wineries and we only have ourselves to blame for their demise. They have been as vocal as any sector, crying for help, not necessarily a hand out (which the grape growers seem to get) as much as a hand up – basically they’ve been pleading with each government: “please give us access to (our own) market (at the very least) and we’ll show you what we can do”, all to no avail.

Why the pessimistic attitude? Let’s look at the facts. It takes some rather deep pockets to own a winery in Ontario, that or a good credit rating, because money is the number one thing required to open the doors. But making it is more of an uphill battles then in any other business I this province. Post-1993, when the majority of the wineries around today opened their doors, your cellar door is the only place you can sell your wine – sure you could tap into the LCBO and the restaurant market, but that’s it. And although recent federal regulations have been lifted regarding the selling and especially shipping of wine across the country, many provinces have yet to enact their own legislation governing the practice, hence leaving the entire topic, not to mention hundreds of wineries, in limbo, unable to tap the rest of the country as a market for fear of breaking the law. With so few avenues to sell home-grown wine the government has basically handcuffed the industry – let alone the number of asinine rules that govern the industry from within (more on that next time) – it has all been put in place it would seem, so that wineries are destined to fail; that they remain open is a testament to their resolve and passion.

January 19, 2015

Police body cameras won’t fix everything, but they clearly do help

Filed under: Law,USA — Tags: , , — Nicholas @ 07:30

At Marginal Revolution Alex Tabarrok looks at the first randomized controlled trial of body cameras for police officers:

The results were that police use of force reports halved on shifts when police wore cameras. In addition, the use of force during the entire treatment period (on shifts both using and not using cameras) was about half the rate as during pre-treatment periods. In other words, the camera wearing shifts appear to have caused police to change their behavior on all shifts in a way that reduced the use of force. A treatment that bleeds over to the control group is bad for experimental design but suggests that the effect was powerful in changing the norms of interaction. (By the way, the authors say that they can’t be certain whether the cameras primarily influenced the police or the citizens but the fact that the effect occurred even on non-camera shifts suggests that the effect is primarily driven by police behavior since the citizens would not have been particularly aware of the experiment, especially as there would have been relatively few repeat interactions for citizens.)

It is possible that the police shaded their reports down during the treatment period but complaints by citizens also fell dramatically during the treatment period from about 25-50 per year to just 3 per year.

Here’s a graph of use of force reports before and during the treatment period.

Police body cameras

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