November 16, 2015

The Ontario government’s anti-SLAPP legislation

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

At Techdirt, Tim Cushing looks at the positive and not-so-positive aspects of newly introduced Bill 51:

Good news for Canadians! Well…some of them. This good news only applies to a) Ontario residents who a.1) aren’t vexatious litigants who use BS defamation lawsuits to silence critics.

    Bill 52, which changes the Courts of Justice Act, the Libel and Slander Act and the Statutory Powers Procedure Act, received royal assent Nov. 3.

    The bill contains a provision that “would allow the courts to quickly identify and deal with lawsuits that unduly restrict free expression in the public interest, minimizing costs and other hardships endured by the defendant,” said Yasir Naqvi, Ontario’s Liberal Community Safety and Correctional Services Minister, last March during a debate on the bill. “It will extend qualified privilege in defamation law under the Libel and Slander Act.”

In other words, it’s an anti-SLAPP law. A handful of states in the US have recognized the damage bogus litigation can do to defendants even when plaintiffs clearly don’t have an actionable case. Laws like these also neutralize the chilling effect of bogus legal threats. Holding frivolous litigants responsible for legal fees tends to greatly reduce the number of questionable cease-and-desist demands issued by would-be litigants.

That such a law would be passed in Canada is somewhat of a coup considering its courts’ bizarre decisions in defamation cases. In some cases, courts have come to rational conclusions (Google is not a “publisher” of defamatory material simply by linking to it in search results). In others, courts opened up brand new avenues of liability, like in the case of blogger Michael Veck, who was ordered to pay $10,000 to the defamed party despite only re-posting what another writer had actually written.

November 14, 2015

The US government has morphed from being part of “us” to being “them”

Filed under: Bureaucracy, Government, History, Liberty, USA — Tags: , , , , — Nicholas @ 04:00

Charles Murray explains why so many Americans are feeling alienated from their own government:

I have been led to this position by what I believe to be a truth about where America stands: The federal government is no longer “us” but “them.” It is no longer an extension of the people through their elected representatives. It is no longer a republican bulwark against the arbitrary use of power. It has become an entity unto itself, separated from the American people and beyond the effective control of the political process. In this situation, the foundational principles of our nation come into play: The government does not command the blind allegiance of the citizenry. Government is instituted to protect our unalienable rights. The more destructive it becomes of those rights, the less it can call upon our allegiance.

I won’t try to lay out the whole case for concluding that our duty of allegiance has been radically diminished — that takes a few hundred pages. But let me summarize the ways in which the federal government has not simply become bigger and more intrusive since Bill Buckley founded National Review, but has also become “them,” and no longer an extension of “us.”


In 1937, Helvering v. Davis explicitly held that the federal government could spend money on the “general welfare,” establishing that the government’s powers were not limited to those enumerated in the Constitution. In 1938, Carolene Products did what the Ninth Amendment had been intended to prevent — it limited the rights of the American people to those that were explicitly mentioned in the Constitution and its amendments. Making matters worse, the Court also limited the circumstances under which it would protect even those explicitly named rights. In 1942, Wickard v. Filburn completed the reinterpretation of “commerce” so that the commerce clause became, in the words of federal judge Alex Kozinski, the “Hey, you can do anything you feel like” clause.

Momentous as these decisions were, they were arguably not as crucial to the evolution of the federal government from “us” to “them” as the decisions that led to the regulatory state. Until the 1930s, a body of jurisprudence known as the “nondelegation doctrine” had put strict limits on how much power Congress could delegate to the executive branch. The agencies of the executive branch obviously had to be given some latitude to interpret the text of legislation, but Congress was required to specify an “intelligible principle” whenever it passed a law that gave the executive branch a new task. In 1943, National Broadcasting Co. v. United States dispensed with that requirement, holding that it was okay for Congress to tell the Federal Communications Commission (FCC) to write regulations for allocating radio licenses “as public convenience, interest, or necessity requires” — an undefined, and hence unintelligible, principle. And so we now live in a world in which Congress passes laws with grandiose goals, loosely defined, and delegates responsibility for interpreting those goals exclusively to regulatory agencies that have no accountability to the citizenry and only limited accountability to the president of the United States.

The de facto legislative power delegated to regulatory agencies is only one aspect of their illegitimacy. Citizens who have not been hit with an accusation of a violation may not realize how Orwellian the regulatory state has become. If you run afoul of an agency such as the FCC and want to defend yourself, you don’t go to a regular court. You go to an administrative court run by the agency. You don’t get a jury. The case is decided by an administrative judge who is an employee of the agency. You do not need to be found guilty beyond a reasonable doubt, but rather by the loosest of all legal standards, a preponderance of the evidence. The regulatory agency is also free of many of the rules that constrain police and prosecutors in the normal legal system. For example, regulatory agencies are not required to show probable cause for getting a search warrant. A regulatory agency can inspect a property or place of business under broad conditions that it has set for itself.

There’s much more, but it amounts to this: Regulatory agencies, or the regulatory divisions within cabinet agencies, operate as self-contained entities that create de facto laws that Congress would never have passed on an up-or-down vote. They then act as both police and judge in enforcing the laws they have created. It amounts to an extra-legal state within the state.

I have focused on the regulatory state because it now looms so large in daily life as to have provoked a reaction that crosses political divides: American government isn’t supposed to work this way.

November 12, 2015

QotD: What repression looks like from the inside

Filed under: Government, Liberty, Media, Politics, Quotations — Tags: , , , — Nicholas @ 01:00

Reaction isn’t a conspiracy theory; it’s not suggesting there’s a secret campaign for organized repression. To steal an example from the other side of the aisle, it’s positing something more like patriarchy. Patriarchy doesn’t have an actual Patriarch coordinating men in their efforts to keep down women. It’s just that when lots of people share some really strong cultural norms, they manage to self-organize into a kind of immune system for rejecting new ideas. And Western society just happens to have a really strong progressivist immune system ready to gobble you up if you say anything insufficiently progressive.

And so the main difference between modern liberal democracy and older repressive societies is that older societies repressed things you liked, but modern liberal democracies only repress things you don’t like. Having only things you don’t like repressed looks from the inside a lot like there being no repression at all.

The good Catholic in medieval Spain doesn’t feel repressed, even when the Inquisition drags away her neighbor. She feels like decent people have total freedom to worship whichever saint they want, total freedom to go to whatever cathedral they choose, total freedom to debate who the next bishop should be – oh, and thank goodness someone’s around to deal with those crazy people who are trying to damn the rest of us to Hell. We medieval Spaniards are way too smart to fall for the balance fallacy!

Wait, You Mean The Invisible Multi-Tentacled Monster That Has Taken Over All Our Information Sources Might Be Trying To Mislead Us?

Since you are a citizen of a repressive society, you should be extremely skeptical of all the information you get from schools, the media, and popular books on any topic related to the areas where active repression is occurring. That means at least politics, history, economics, race, and gender. You should be especially skeptical of any book that’s praised as “a breath of fresh air” or “a good counter to the prevailing bias”, as books that garner praise in the media are probably of the “We need fifty Stalins!” variety.

Scott Alexander, “Reactionary Philosophy In An Enormous, Planet-Sized Nutshell”, Slate Star Codex, 2013-03-03.

November 6, 2015

QotD: The slow erosion of freedom of expression

Filed under: Law, Liberty, Media, Quotations — Tags: , , — Nicholas @ 01:00

This slow erosion of freedom of expression has come about in ways both social and legal. Before the 1960s, arguments for censorship tended to focus on sexual morality, pornography and obscenity. The censors themselves were usually depicted as benighted moral conservatives — priggish maiden aunts. Freedom of political speech, however, was regarded as sacrosanct by all. As legal restraints on obscenity fell away, however, freedom of political speech began to come under attack from a different kind of censor — college administrators, ethnic-grievance groups, gay and feminist advocates.

The new censors advanced such arguments as that “free speech can never be an excuse for racism.” These arguments are essentially exercises both in begging the question and in confusing it. While the principle of free speech cannot justify racism any more than it can disprove racism, it is the only principle that can allow us to judge whether or not particular speech is racist. Thus the censor’s argument should be reversed: “Accusations of racism can never be an excuse for prohibiting free speech.”

Meanwhile, the narrowly legal grounds for restricting speech changed, too. Since the 18th century, the basic legal justifications for restricting political speech and publication were direct incitement to harm, national security, maintaining public order, libel, etc. Content wasn’t supposed to be considered (though it was sometimes smuggled in under other headings).

Today, content is increasingly the explicit justification for restricting speech. The argument used, especially in colleges, is that “words hurt.” Thus, universities, parliaments, courts and various international bodies intervene promiscuously to restrict hurtful or offensive speech — with the results described above. In the new climate, hurtful speech is much more likely to be political speech than obscene speech.

John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.

November 3, 2015

Brian Micklethwait explains why libertarians love Uber

Filed under: Business, Economics, Liberty — Tags: , , , — Nicholas @ 02:00

At Samizdata, Brian Micklethwait discusses why Uber comes up in conversation with libertarians … constantly:

I and my libertarian friends all love Uber. By that I don’t just mean that we love using Uber, the service, although I am sure that just like many others, we do. I mean that we love talking about Uber, as a libertarian issue, as an issue that nicely illustrates what libertarianism is all about and the sorts of things that libertarians believe in. In particular, we believe in: technological innovation and the freedom to do it, for the benefit of all, except those in the immediate vicinity of it and overtaken by it, because they make a living from the technology that is being overtaken.


To me, the really interesting thing about Uber as an issue is how it makes a nonsense of the old Public Choice dilemma in pro-free market lobbying and opinion-mongering. I’m talking about the fact, which it does often tend to be, that when there is a lurch, proposed or actual, towards a free market, unleashed either by politics or by technology or by a mixture of the two, the people who suffer or who look like they will soon suffer are highly concentrated and easily organised and know exactly who they are. However, those who will benefit from the new dispensation are dispersed and hard to organise and tend not to know who they are. Consequently you get this imbalance in the political argument, in favour of the status quo, even if, in the longer run, many more people would benefit from the new dispensation than the old, and would like it very much, in the event that that ever discovered that they were benefiting from it.

Uber might have been invented to solve the above problem.

Thought: maybe there is a sense in which it was invented to solve this problem. Discuss.

October 28, 2015

QotD: Libertarian politics

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

I have long argued that the real function of libertarian involvement in politics, including the Libertarian Party, is not to get libertarians elected. It is to get libertarian policies to the point where the major parties will find it in their interest to adopt them — the strategy followed with striking success by the U.S. Socialist party over the first half of the 20th century.

David Friedman, “Good News for Libertarians”, Ideas, 2014-10-30.

October 27, 2015

Cultural appropriation is bunk

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

At The Federalist, David Marcus explains how he considered the arguments of those pushing the idea of “cultural appropriation” … and rejected them:

I read a lot as a kid. Books were a pleasure and window into worlds. I read James Joyce and Marcel Proust, but I also read James Baldwin and Zora Neal Hurston. Every book spoke to me in its own way, and I felt a connection to their authors. I felt like I was having a private conversation with them. After finishing a book, I felt a kind of ownership of it. Each volume took a permanent place in my consciousness.

This was before the popular emergence of the idea of cultural appropriation. Nobody told me that books, music, and clothing created by people who didn’t look like me didn’t belong to me, that I was somehow borrowing them. Today, people do tell me this. They tell me that I must tread lightly when engaging in cultural forms not invented by my white ancestors.

I have listened to their arguments, read their theories, and arrived at a conclusion. They are wrong. All cultures are mine.

Over at The Atlantic, Jenni Avins writes about the dos and don’ts of cultural appropriation. To her credit, she explores how culture blending is central to the development of, well, everything. Since time immemorial, from the spice road to Times Square, cultures have influenced each other and produced the world as we know it.


But in America there is one culture that anyone and everyone is free to appropriate. White culture, be it classical music, the novel, or the business suit, is never the subject of claims of appropriation. Last week, a perfect example of this disparity was on display in an announcement from the theater world. Howlround, a website that describes itself as a theater commons and has a strong influence on the theater community, announced its call for 2020 to be a Jubilee year to promote diversity in theater.

What form will this Jubilee take? Well, it’s a doozy: “We declare the year 2020 the year of Jubilee. For the 2020–2021 season, all performances produced in the United States of America will be by women, people of color, artists of varied physical and cognitive abilities, and LBGTQA artists. Every theatre large and small is included in the vision…This is also a time for straight, white men to rejoice, to witness, to listen, and to be fed for one year by the stories they’ve also been denied. “

On its face, this is absurd nonsense. The idea that any American artists would seek to officially prohibit — in other words, ban — any artist’s work on the basis of his or her race or gender is mind-numbing. It is also quite likely that any theater company without an ethnically based mission that officially signed onto this plan would be breaking the law. Finally, it’s obviously not going to happen. But for all its preening silliness, this Jubilee fiasco tells us something interesting about cultural appropriation.

Here’s a clue: if the race or gender of an author or playwright matters more to you than the quality of the book or play, the problem isn’t the artist: the problem is you.

QotD: The new censors

Filed under: Europe, Law, Liberty, Quotations, Religion, USA — Tags: , , — Nicholas @ 01:00

Governments began to treat those threatened for their opinions almost as harshly as those attacking them. Dutch legal authorities tried repeatedly, if unsuccessfully, to prosecute Mr. Wilders for “inciting hatred” with his film. He was briefly prohibited from entering Britain. In 2006, Tony Blair’s government passed the Racial and Religious Hatred Act — a kind of “blasphemy lite” law — ostensibly designed to protect all religions against threatening expression but generally understood as intended to limit hostile criticism of Islam. Both the U.S. and the European Union have entered into a dialogue in recent years with the 56 states of the Organization of the Islamic Conference, which is seeking an international law prohibiting blasphemy. In 2011, Secretary of State Hillary Clinton told the OIC that, while the First Amendment prevented the U.S. from prohibiting speech, the administration might still “use some old-fashioned techniques of peer pressure and shaming so that people don’t feel they have the support to do what we abhor.”

Admittedly, it is difficult to draw a clear line between criticism of an Islamic belief and an attack on Muslims who believe it. If you denounce a belief as absurd, you are implicitly criticizing the believers as credulous fools. Christians have to endure explicit denunciations of their faith all the time from such writers as Richard Dawkins and Sam Harris. And so they should. If you can’t stand the heat, don’t listen to hellfire sermons from atheists.

Hearing criticisms of your own convictions and learning the beliefs of others are training for life in a multifaith society. Preventing open debate means that all believers, including atheists, remain in the prison of unconsidered opinion. The right to be offended, which is the other side of free speech, is therefore a genuine right. True belief and honest doubt are both impossible without it.

It isn’t just some Muslims who want the false comfort of censoring disagreeable opinions. Far from it. Gays, Christians, feminists, patriots, foreign despots, ethnic activists — or organizations claiming to speak for them — are among the many groups seeking relief from the criticism of others through the courts, the legislatures and the public square.

John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.

October 17, 2015

Ken White of Popehat.com Talks Blogging, Anonymous Speech

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

Published on 13 Oct 2015

Ken White, founder of the influential group blog Popehat, tells FIRE how he got interested in the First Amendment and discusses anonymous speech on the Internet.

White, who writes for Popehat on a variety of issues, including the First Amendment, criminal justice, and the legal system, said a college project at Stanford University “during … one of the upsurges of controversy on campus about speech codes and speech issues,” opened his eyes to the nuances of the First Amendment.

“I wound up doing my senior honors thesis in college with a law school professor on the subject of legal restrictions on hate speech,” White said. “I thought it was very much emblematic of a very American problem, and that is: How do we express our disapproval — our moral disapproval — for bad things like bigotry, while not restricting liberties?”

Popehat seems to be a space created to do exactly that. The forum has evolved into a blog the contributors describe as a “group complaint” about “whatever its authors want.”

That freedom hasn’t always come so easily for White, who blogged anonymously for more than five years due to concerns his honest blogging might harm his career. He still thinks anonymous speech provides both benefits and drawbacks.

“I think the right to anonymous speech is very central in the First Amendment and in American life,” said White. “Throughout American history, people have said unpopular things, incendiary things, politically dangerous things behind the shield of anonymity. A lot of bad things come with that. There’s some really terrible, immoral, anonymous behavior on the Internet.”

White said there’s also a risk to writing anonymously, and that even while he benefitted from posting behind the security of an online persona, he supports the rights of others to try and discover his true identity. Eventually, White said he gave up the pretext and started blogging under his own name.

For more from White, including why free speech “catchphrases” harm First Amendment discourse, watch the above video.

October 13, 2015

Gary Johnson might end up being the “non-weird candidate for whom America has been waiting”

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

The US Libertarian Party’s nomination race won’t make much of a splash in the media (for the usual reasons all minor parties encounter), but if Gary Johnson wins the nomination again he might be the most normal candidate in 2016:

Gary Johnson, not yet an official 2016 Libertarian Party candidate for president, spoke to the two-day LibertyFest 2015 at the Warsaw hall in the Williamsburg neighborhood of New York City this weekend. He defended freedom in all its forms, from the unregulated entrepreneurship of Uber and Lyft to marijuana, reduced taxes, and reduced warfare.

Yet even I — an anarcho-capitalist, as you may recall — am beginning to wonder if it’s necessary to emphasize philosophy for Johnson to shine in the strange setting of the 2016 race. I mean, if the Republicans end up offering someone as odd as Trump or Carson, and the Democrats offer a criminal such as Clinton or a socialist such as Sanders … couldn’t Johnson plausibly just run as the non-weird candidate for whom America has been waiting?

And believe me, I know how strange it sounds to be talking about the Libertarian as the normal one for a change. (Jimmy McMillan, the “Rent Is Too Damn High” guy, spoke on the same stage a couple hours before Johnson, and it’s not clear McMillan is even a full-fledged libertarian — maybe more of a Georgist? Or just an interesting, earnest character?)

Let us assume for the sake of argument that Johnson beats other would-be Libertarian Party nominees including Austin Petersen, who gave an energetic LibertyFest speech about mobilizing libertarian activists as if for war and hopes he’ll one day get the chance to institute a flat tax. Much as Libertarians usually worry about having a candidate who lacks the guts to push their philosophy in a full-throated way (witness their occasional wariness about Rand Paul), might this be a good year in which to skip ideology and use mere sanity as a wedge issue?

October 12, 2015

The rise of the censors on campus

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

Ginni Thomas discusses free speech under attack with FIRE’s Greg Lukianoff.

“The battle over free speech is not partisan,” says a proud liberal whose organization helps a wide variety of clients facing free speech threats. He has spent fifteen years in the field as a fearless advocate who worked at the ACLU before coming to the Foundation for Individual Rights in Education (FIRE).

Greg Lukianoff, the President and CEO of FIRE, starts this 20 minute video interview for The Daily Caller by assessing global issues. “The international situation for freedom of speech is dire,” says Lukianoff, focusing on the emergence of blasphemy laws to not offend Islam.

This harks back to a previous Daily Caller interview with Steve Coughlin, author of “Catastrophic Failure,” who discussed the Organization of Islamic Cooperation’s Ten Year Program of Action to make Islamic speech codes the global speech standard. In America, this would entail making free speech conditional on not defaming Islam, a religion of less than 1 percent of the US population.

H/T to David Thompson for the link.

October 10, 2015

Police body cameras

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

There’s plenty of argument about whether body cams are a pro- or anti-police innovation. Here’s an example of the way body cams can actually help to show when the police are doing everything right, and things still go wrong:

We’ve written a lot here at Ars about how video surveillance has captured cops doing bad things. We cover this area because the technology of body cams, Taser cams, dash cams, and even images taken by bystanders has changed our perspective on police behavior that would likely have been swept under the rug previously.

But this surveillance technology also captures officers who, in the words of a local Cleveland county prosecutor, have acted with “remarkable restraint.” In this instance, body cam footage of several Cleveland patrol officers shows them doing everything they could to convince a man to put down his weapon.

Police came to visit Theodore Johnson’s Cleveland residence after his wife claimed he threatened to kill her. The man had already shot one officer, striking the chest of a patrolman David Muniz’s ballistic vest. “I know you shot me, but I’m not going to shoot you,” Muniz tells the 64-year-old Johnson, according to police body cam footage taken at the scene.

To be honest, I’m quite impressed at the restraint these officers managed to show. If a member of my team had just been shot, I know it’d be very tough for me not to return fire…

October 3, 2015

The TSA and the transgendered traveller

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

Scott Shackford on the special hell the TSA reserves for transgendered air travellers:

When Shadi Petosky began tweeting about her terrible treatment at the hands of Transportation Security Administration (TSA) workers at Orlando International Airport on Sept. 21, she detailed an experience of being ordered around, patted down, dehumanized, and threatened. She was describing a situation familiar to anybody who gets caught up in the agency’s airport security theater.

Petosky is also transgender, and that played heavily into her experience. But being transgender and tripping up alerts at airports and getting taken aside or treated poorly is also not a new problem with TSA screening, though it was the first time Petosky, a writer and producer, had an encounter this bad. While she was tweeting her experience, other transgender people on Twitter responded about having similar problems.

What’s new is that Petosky’s encounter ended up getting significant news coverage, from The New York Times, to the Los Angeles Times, to Vox.com, along with television networks. The coverage highlighted a problem that has persisted for a while: TSA agents are not well-trained to deal with transgender travelers, leaving these flyers uncertain of what to expect when going through airports. Furthermore, the screening technology used for scanning bodies passing through the airport has no real mechanism for recognizing the biology of transgender travelers, prompting confusion to trigger completely unfounded security fears.

Many travelers may not even realize it, but as they’re forced in to spread eagle for body scanners in security lines at the airport, a TSA agent is pressing a button telling the machine whether the person inside is a male or female. They don’t ask—they just look and decide. In Petosky’s case, the TSA employee saw a woman and pressed the appropriate button. And then the employee declared there was an “anomaly,” which Petosky bluntly explains to Reason, is her penis.

October 2, 2015

Marcus Porcius Cato – the man who almost stopped Julius Caesar

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

In The Freeman, Lawrence W. Reed talks about one of the last few Republicans in the Rome of Julius Caesar’s ascendance:

In the estimations of many historians, two men hold the honor as the most notable defenders of the Roman Republic. Marcus Tullius Cicero was one. Marcus Porcius Cato, or “Cato the Younger,” was the other.

Since there was a “younger,” there must have been an “elder,” too. Cato the Elder was the great grandfather of the younger. Both men, separated by more than a century, were influential in public office. Think of the elder as the social conservative, concerned in his day with preserving the customs and traditions of Rome. The younger was one of history’s early libertarians, interested more in personal and political liberties because he believed that if they were lost, nothing else mattered. It is this second one to whom I refer in the balance of this essay as simply “Cato.”

By the time of Cato’s birth in 95 BC, the Roman Republic was long in the tooth. Founded four centuries earlier, it had risen from obscurity to political and economic dominance in the Mediterranean. Rome was easily the world’s wealthiest and most powerful society. It wasn’t a libertarian paradise — slavery was a part of its makeup, as it was even more brutal everywhere else — but Rome had taken liberty to a zenith the world had never seen before and wouldn’t see again for a long time after it finally fell. The constitution of the republic embodied term limits; separation of powers; checks and balances; due process; habeas corpus; the rule of law; individual rights; and elected, representative legislative bodies, including the famous Senate. All of this was hanging by a thread in the first century BC.

Cato was just five years of age when Rome went to war with its former allies in the Italian peninsula — the so-called “Social War.” Though the conflict lasted just two years, its deleterious effects were huge. The decades to follow would be marked by the rise of factions and conflict and local armies loyal to their commanders instead of the larger society. A “welfare-warfare” state was putting down deep roots as Cato grew up. The limited government, personal responsibility and extensive civil society so critical to the republic’s previous success were in an agonizing, century-long process of collapse. Even many of those who recognized the decay around them nonetheless drank the Kool-Aid, succumbing to the temptations of power or subsidies or both.

Before the age of 30, Cato had become a supremely disciplined individual, a devotee of Stoicism in every respect. He commanded a legion in Macedon and won immense loyalty and respect from the soldiers for the example he set, living and laboring no differently from day to day than he required of his men. He first won election to public office (to the post of quaestor, supervising financial and budgetary matters for the state) in 65 BC and quickly earned a reputation as scrupulously meticulous and uncompromisingly honest. He went out of his way to hold previous quaestors accountable for their dishonesty and misappropriation of funds, which he himself uncovered.

Later he served in the Roman Senate, where he never missed a session and criticized other senators who did. Through his superb oratory in public and deft maneuverings in private, he worked tirelessly to restore fealty to the ideals of the fading Republic.

September 30, 2015

Russia’s “bounty” on TOR

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

Strategy Page on the less-than-perfect result of Russia’s attempt to get hackers to crack The Onion Router for a medium-sized monetary prize:

Back in mid-2014 Russia offered a prize of $111,000 for whoever could deliver, by August 20th 2014, software that would allow Russian security services to identify people on the Internet using Tor (The Onion Router), a system that enables users to access the Internet anonymously. On August 22nd Russia announced that an unnamed Russian contractor, with a top security clearance, had received the $111,000 prize. No other details were provided at the time. A year later is was revealed that the winner of the Tor prize is now spending even more on lawyers to try and get out of the contract to crack Tor’s security. It seems the winners found that their theoretical solution was too difficult to implement effectively. In part this was because the worldwide community of programmers and software engineers that developed Tor is constantly upgrading it. Cracking Tor security is firing at a moving target and one that constantly changes shape and is quite resistant to damage. Tor is not perfect but it has proved very resistant to attack. A lot of people are trying to crack Tor, which is also used by criminals and Islamic terrorists was well as people trying to avoid government surveillance. This is a matter of life and death in many countries, including Russia.

Similar to anonymizer software, Tor was even more untraceable. Unlike anonymizer software, Tor relies on thousands of people running the Tor software, and acting as nodes for email (and attachments) to be sent through so many Tor nodes that it was believed virtually impossible to track down the identity of the sender. Tor was developed as part of an American government program to create software that people living in dictatorships could use to avoid arrest for saying things on the Internet that their government did not like. Tor also enabled Internet users in dictatorships to communicate safely with the outside world. Tor first appeared in 2002 and has since then defied most attempts to defeat it. The Tor developers were also quick to modify their software when a vulnerability was detected.

But by 2014 it was believed that NSA had cracked TOR and others may have done so as well but were keeping quiet about it so that the Tor support community did not fix whatever aspect of the software that made it vulnerable. At the same time there were alternatives to Tor, as well as supplemental software that were apparently uncracked by anyone.

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