Published on 2 Mar 2015
Time to stop indulging privileged militant “progressive” puritan student bigots.
March 4, 2015
March 3, 2015
At Ace of Spades H.Q., WeirdDave explains why it’s easy to talk about resisting illegal actions by the government, but few would really be willing to bear the cost:
In 480BC, Xerxes of Persia demanded that the Greeks under King Leonidas of Sparta surrender their weapons. King Leonidas responded with a laconic Molon labe, which translates as “Come and take them” and a legend was born. Even though the Greeks lost the Battle of Thermopylae that followed, King Leonidas’ stirring phrase has echoed with defiance down through history. The phrase has a rich history in America, too. From Fort Morris, Georgia, to Gonzales, Texas to Second Amendment defenders today, “Come and Take It” resonates in American hearts.
With the disturbing news this week about BATF’s attempt to ban M855 NATO Ball ammunition, the internet has been alive with people swearing fealty to the idea of molon labe. I approve. However, talk is cheap they say, and internet talk is cheaper than most. Anyone who considers themselves a patriot needs to take a good long moment of quiet reflection and ask themselves, honestly, what does molon labe mean? More specifically, they need to ask themselves what are the ramifications of defiantly proclaiming “Come and take them” if the authorities say “OK”.
The ramifications are simple: YOU ARE GOING TO DIE.
This isn’t universally true, of course, but in order for molon labe to mean anything, in order for it to be effective, you have to accept that it IS true. If we ever get to the point where the authorities are attempting to forcibly disarm the population at large, the only way to prevent it from happening is to meet force with force. If it comes to this, you will lose. Every time. Even if you are armed, ready, and respond instantly to aggression by the authorities, there are a whole lot more of them than there are of you. You might kill one, or even several, but they will keep coming and they will bring resources to bear that you can not hope to match. Officers. SWAT teams. Snipers. Air cover. Drones. They WILL take you down, and that’s not all. No, you have to accept something else too:
YOUR FAMILY IS GOING TO DIE TOO.
Think I’m talking crazy talk? Ask Vicki Weaver. Ask Sammy Weaver. I’ll wait.
We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to enquire. We know that the wages of secrecy are corruption. We know that in secrecy error, undetected, will flourish and subvert.
J. Robert Oppenheimer, “Encouragement of Science” (Address at Science Talent Institute, 6 Mar 1950), Bulletin of the Atomic Scientists, v.7, #1 (Jan 1951) p.6-8
February 27, 2015
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
None of these things is done “by instinct”. I sweat like hell to make it a rousing good story while getting in the preaching I want to preach … I suggest that to the extent that they are used unconsciously, unwittingly “instinctively”, they are sloppy craftsmanship and likely to be bad art.
There were four “themes” he did use over and over — deliberately and not “by instinct”:
One is the notion that knowledge is worth acquiring, all knowledge, and that a solid grounding in mathematics provides one with the essential language of many of the most important forms of knowledge. The third theme is that, while it is desirable to live peaceably, there are things worth fighting for and values worth dying for — and that it is far better for a man to die than to live under circumstances that call for such sacrifice. The fourth theme is that individual human freedoms are of basic value, without which mankind is less than human.
William H. Patterson Jr., Robert A. Heinlein, In Dialogue with His Century Volume 2: The Man Who Learned Better, 2014).
February 23, 2015
Cory Doctorow is concerned about some of the possible developments within the “Internet of Things” that should concern us all:
The digital world has been colonized by a dangerous idea: that we can and should solve problems by preventing computer owners from deciding how their computers should behave. I’m not talking about a computer that’s designed to say, “Are you sure?” when you do something unexpected — not even one that asks, “Are you really, really sure?” when you click “OK.” I’m talking about a computer designed to say, “I CAN’T LET YOU DO THAT DAVE” when you tell it to give you root, to let you modify the OS or the filesystem.
Case in point: the cell-phone “kill switch” laws in California and Minneapolis, which require manufacturers to design phones so that carriers or manufacturers can push an over-the-air update that bricks the phone without any user intervention, designed to deter cell-phone thieves. Early data suggests that the law is effective in preventing this kind of crime, but at a high and largely needless (and ill-considered) price.
To understand this price, we need to talk about what “security” is, from the perspective of a mobile device user: it’s a whole basket of risks, including the physical threat of violence from muggers; the financial cost of replacing a lost device; the opportunity cost of setting up a new device; and the threats to your privacy, finances, employment, and physical safety from having your data compromised.
The current kill-switch regime puts a lot of emphasis on the physical risks, and treats risks to your data as unimportant. It’s true that the physical risks associated with phone theft are substantial, but if a catastrophic data compromise doesn’t strike terror into your heart, it’s probably because you haven’t thought hard enough about it — and it’s a sure bet that this risk will only increase in importance over time, as you bind your finances, your access controls (car ignition, house entry), and your personal life more tightly to your mobile devices.
That is to say, phones are only going to get cheaper to replace, while mobile data breaches are only going to get more expensive.
It’s a mistake to design a computer to accept instructions over a public network that its owner can’t see, review, and countermand. When every phone has a back door and can be compromised by hacking, social-engineering, or legal-engineering by a manufacturer or carrier, then your phone’s security is only intact for so long as every customer service rep is bamboozle-proof, every cop is honest, and every carrier’s back end is well designed and fully patched.
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.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?’.
[…]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 18, 2015
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 17, 2015
The Minnesota Vikings were a racially integrated team from their very first game … yet not quite fully integrated, as this post on the team’s official web site explains:
Six African Americans out of 42 total players appear in the first team photo in franchise history: Jim Marshall, Jamie Caleb, Mel Triplett, A.D. Williams, Raymond Hayes and John Turpin.
A color barrier that lasted 13 years in professional football had been broken in 1946 by Bill Willis and Marion Motley of the Cleveland Browns (as a member of the All-America Football Conference) and Kenny Washington and Woody Strode (both teammates at UCLA with Jackie Robinson) of the NFL’s L.A. Rams.
The expansion Vikings were able to acquire veterans from other teams. Marshall, Caleb and Williams came from the Browns (which joined the NFL in 1950), Triplett came from the New York Giants, and Hayes was the first African American player drafted out of Central Oklahoma by Minnesota in the 13th round with the 169th overall pick.
Players of that era were taking the field as one team, but weren’t allowed to have roommates of a different race. On road games, particularly to the “Jim Crow” South but also places like Miami and Los Angeles, reservations were booked at separate hotels, and black teammates often were refused service at restaurants.
“There was a definite separation there, and it was a separation that was enforced by the teams,” said Marshall before recalling a trip while with Cleveland to a posh Miami Beach hotel.
“We pulled up to the Fontainebleau and white players were let out at the Fontainebleau and black players were sent to an inner-city hotel owned by a black gentleman that of course was a very good host for us,” Marshall said. “We could play on the field together, but we couldn’t room together, and now we couldn’t stay in a hotel together.”
February 16, 2015
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
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):
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 5, 2015
At Coyote Blog, Warren Meyer is starting to think that a large number of internet fans are idiots:
So, out of the fear […] that some people will get better service than others — something that, oh by the way, has never really happened so is entirely hypothetical — you are urging on a regulatory regime originally designed for land-line phone companies, a technology that basically went unchanged for decades at a time. The phones that were in my home at my birth in 1962 were identical to the one in my dorm room when AT&T was broken up in 1982. Jesus, we are turning the Internet into a public utility — name three innovations from an American public utility in the last 40 years. Name one.
And all you free-speech advocates, do you really think the Feds won’t use this as a back-door to online censorship? We are talking about the same agency that went into a tizzy when Janet Jackson may have accidentally on purpose shown a nipple on TV. All that is good with TV today — The Sopranos, Game of Thrones, Arrested Development, etc. etc. etc. results mainly from the fact that cable is able to avoid exactly the kind of freaking regulation you want to impose on the Internet.
Here is my official notice — you have been warned, time and again. There will be no allowing future statements of “I didn’t mean that” or “I didn’t expect that” or “that’s not what I intended.” There is no saying that you only wanted this one little change, that you didn’t buy into all the other mess that is coming. You let the regulatory camel’s nose in the tent and the entire camel is coming inside. I guarantee it.
January 31, 2015
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 28, 2015
The libertarian or “freedom movement” is a loose and baggy monster that includes the Libertarian Party; Ron Paul fans of all ages; Reason magazine subscribers; glad-handers at Cato Institute’s free-lunch events in D.C.; Ayn Rand obsessives and Robert Heinlein buffs; the curmudgeons at Antiwar.com; most of the economics department at George Mason University and up to about one-third of all Nobel Prize winners in economics; the beautiful mad dreamers at The Free State Project; and many others. As with all movements, there’s never a single nerve center or brain that controls everything. There’s an endless amount of in-fighting among factions […] On issues such as economic regulation, public spending, and taxes, libertarians tend to roll with the conservative right. On other issues — such as civil liberties, gay marriage, and drug legalization, we find more common ground with the progressive left.
Nick Gillespie, “Libertarianism 3.0; Koch And A Smile”, The Daily Beast, 2014-05-30.
January 17, 2015
Published on 15 Jan 2015
The death rattle of a dhimmi society.