Quotulatiousness

August 9, 2010

Lovely little bit of legal legerdemain

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 09:44

Colby Cosh points out that Catch-22 was really a highly accurate predictor of Canadian law:

To put it another way, you can conceivably be tried for “participating in or contributing to” a criminal organization even if it didn’t get around to committing any crimes, you didn’t do anything to help it actually commit crimes, you didn’t know what particular crimes it might be thinking of committing, and you couldn’t possibly pick anybody else in the group out of a lineup.

This might seem to make things pretty easy for the police and the prosecutors. Nonsense! According to them, their job can never be easy enough. Like farmers and civil servants, they cease complaining only intermittently to inhale oxygen, and there is no shortage of Joint Multi-Level Integrated Discussion Committees before which they can retail their grievances.

[. . .]

Justice Minister Nicholson, in introducing the new schedule of patently less serious and mostly victimless “serious offences” on Wednesday, offered a dazzlingly simple heuristic: “The fact that an offence is committed by a criminal organization makes it a serious crime.” You will note that this introduces a curious logical circularity into our manner of upholding justice. How does the law define a “criminal organization”? See above: a criminal organization is a group of people that bands together to commit serious crimes. How do we know what a serious crime is? It’s any activity that is characteristic of criminal organizations. What, you thought Catch-22 was fiction?

Not news: many Americans prefer religious to scientific answers

Filed under: Religion, Science, USA — Tags: , , — Nicholas @ 09:35

Scientific American pretends to be surprised by these findings:

When presented with the statement “human beings, as we know them today, developed from earlier species of animals,” just 45 percent of respondents indicated “true.” Compare this figure with the affirmative percentages in Japan (78), Europe (70), China (69) and South Korea (64). Only 33 percent of Americans agreed that “the universe began with a big explosion.”

Consider the results of a 2009 Pew Survey: 31 percent of U.S. adults believe “humans and other living things have existed in their present form since the beginning of time.” (So much for dogs, horses or H1N1 flu.) The survey’s most enlightening aspect was its categorization of responses by levels of religious activity, which suggests that the most devout are on average least willing to accept the evidence of reality. White evangelical Protestants have the highest denial rate (55 percent), closely followed by the group across all religions who attend services on average at least once a week (49 percent).

I don’t know which is more dangerous, that religious beliefs force some people to choose between knowledge and myth or that pointing out how religion can purvey ignorance is taboo. To do so risks being branded as intolerant of religion.

H/T to Doug Mataconis for the link.

The inevitable decline in public respect for the police

Filed under: Bureaucracy, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:13

Paul Bonneau examines the declining levels of respect among members of the public for the police:

I’ve gotten the impression lately that cops aren’t getting very much support in Internet forums these days, even in places where in the past you’d find almost unqualified support. About everyone seems fed up with ’em.

I wondered why this should be. Why are they becoming so much more frequently scorned?

[. . .]

I think one reason cops are hated is that people generally don’t like being scrutinized, and put under suspicion for minding their own business; they really, really don’t like that. Cops are always checking you out, looking for a reason to “brace” you (an old meaning of the word that looks very useful these days).

The War on Some Drugs has to cause some hatred, as more and more peoples’ lives are ruined by it. Indeed, this prison industry boondoggle has stained all aspects of the “Justice” system, not just cops.

Another reason is that cops are treated, and see themselves, as superior to the rest of us. In innumerable ways, cops are always given the benefit of the doubt; certainly legally, and also informally — although the latter seems to be fading a bit, as trust in cops fades. They are “The Only Ones”, we are “mundanes”, “proles”, peons. They can lie to us, we can’t lie to them; they can beat us up and torture us, but if we touch them it is “assault”.

Along with this insufferable attitude is a self-regard that what they are about is important and good. I suppose everyone suffers from this malady, but usually it does not impact a person as it does when one runs into a cop in the throes of it. As C.S. Lewis put it, “Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good, will torment us without end for they do so with the approval of their own conscience.” What are cops, if not “omnipotent moral busybodies”? At least when the Mafia runs a protection racket, they don’t deceive themselves they are doing you a benefit. One appreciates the Mafia’s honesty, in comparison.

IPv6 still not ready for primetime?

Filed under: Technology — Tags: , , — Nicholas @ 08:55

As you’ve probably heard, the current internet addressing system, IPv4, is running out of unallocated addresses. The replacement is called IPv6 and was supposed to be in use by now. Security concerns are holding it back:

The internet’s next-generation addressing scheme is so radically different from the current one that its adoption is likely to cause severe security headaches for those who adopt it, a researcher said last week.

With reserves of older addresses almost exhausted, the roll-out of the new scheme — known as IPv6 or Internet Protocol version 6 — is imminent. And yet, the radical overhaul still isn’t ready for prime time — in large part because IT professionals haven’t worked out a large number of security threats facing those who rely on it to route traffic over the net.

“It is extremely important for hackers to get in here fast because IPv6 is a security nightmare,” Sam Bowne, an instructor in the Computer Networking and Information Technology Department at the City College of San Francisco, said on day one of the Defcon hacker conference in Las Vegas. “We’re coming into a time of crisis and no one is ready.”

Chief among the threats is the issue of incompatible firewalls, intrusion-prevention devices, and other security appliances, Bowne said. That means many people who deploy IPv6 are forced to turn the security devices off, creating a dangerous environment that could make it easier for attackers to penetrate network fortresses.

August 7, 2010

Bereaved Ohio family suing Norfolk Southern for failing to change laws of motion

Filed under: Law, Railways, Science, USA — Tags: , — Nicholas @ 21:28

Sorry for their loss, but suing the railroad because the train crew didn’t change the laws of physics to avoid hitting Matthew Johnson as he ran along a trestle won’t work:

The family of a man who was hit by a train while jumping off a trestle into a river two years ago is suing the railroad and a local canoe center, according to documents filed in Clark County Common Pleas Court Thursday, Aug. 5.
Matthew Johnson, 21, died Aug. 10, 2008 while he and three other people were standing on a train trestle between Old Mill Road and the Masonic Temple grounds.
Johnson’s mother, Carol Johnson, of West Carrollton, has filed suit against Norfolk Southern Railway Company and Aaron’s Canoe and Kayak Center, Springfield.

[. . .]

Among the allegations listed in the complaint:
• The canoe company “knew or should have known that individuals frequently went onto the train trestle and jumped into the Mad River.”
• Train conductors “failed to timely and effectively stop the train,” causing Johnson’s death.
• The railroad was negligent in its duty to “maintain and equip its train with all necessary navigational and/or safety devices.”

Just so we’re clear here: there is no “navigational and/or safety device” ever conceived that can safely stop a multi-thousand ton freight train in less than hundreds of metres of distance. Physics does not play favourites — once that much mass is in motion, it takes a lot of energy to stop it without catastrophic dis-assembly.

Protip for British troops: don’t wear your uniform to the Co-op

Filed under: Britain, Bureaucracy, Military — Tags: , , , , — Nicholas @ 21:02

Apparently, British soldiers (in uniform) are considered “untouchables” by the Co-op grocery chain:

A soldier who had just arrived home from Afghanistan was refused service at a supermarket and told they didn’t serve people in Army uniform.
Sapper Anthony Walls called into a branch of the Co-op for some beers after a gruelling 34-hour journey from Kandahar.

[. . .]

The manager told Mr Walls he ‘couldn’t do anything about it’ and refused to serve him while he was in uniform. The soldier — who was on his way to his three-year-old nephew Jack’s birthday party — walked out of the shop in New Addington, Croydon, in a daze.
‘I was deeply hurt,’ he said yesterday. ‘All I was thinking about was getting home to Jack in time to wish him a happy birthday.

‘It was great to be home after a difficult journey and I just thought I’d grab a couple of beers — a luxury I hadn’t had in a while.

The good news is that it was all a misunderstanding: the Co-op won’t sell beer to Policemen in uniform, and the cashier and her manager misunderstood that the chap in military-style kit wasn’t actually a police SWAT-team member on a break from bashing EDL protest marchers. They’ve apologized (but there’s no indication that Sapper Walls got his beer before flying back to Af’stan).

Mr. Harper: Tell the Americans to bugger off!

Filed under: Cancon, Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 20:31

If you’ve been reading Quotulatiousness for a while, you’ll rarely detect serious amounts of anti-Americanism. I’m not reflexively anti-American, and have little time for those folks who think that being Canadian requires an anti-American attitude. That being said, it’s time for the Canadian government to tell the American government (and Canadian “tough on crime” types) to go to hell:

The Canadian government’s effort to give the United States the authority to veto any Canadian-origin airplane passenger who is unwelcome in the United States — even on flights merely overflying the United States, without a scheduled stop in that country — is unacceptable. It is another worrisome indication that the Conservatives are posturing over-manfully over the tired hagus of law and order, at the expense of the sovereignty of Canada and the rights of its citizens and welcome visitors.

Certainly, the requirements of continental security must be emphasized to give the United States an adequate comfort level that Canada is not a conduit of terrorists. But plausibly suspected terrorists already are subject to detention in, and extradition from Canada. So the main effect of the proposed legal changes would be to extend the rules governing terrorism and other extreme criminal activity to people who are alleged wrongdoers or undesirables on much less grave and certain grounds.

It should be perfectly adequate to advise the United States of the identity of overflying passengers; and to warn all passengers that if they are sought in the United States, or persona non grata in that country for any reason, in the unlikely event of an unscheduled stateside landing, they could be at risk of inconvenience and even detention.

Canada is, despite recent attempts to emulate a doormat, an independent country. We’ve been “offered” chances to join the union and have seen off those offers with fixed bayonets (our own and our British allies). We share with the United States what used to be the world’s longest undefended border, and both countries have benefitted from this arrangement for more than a century. Since 9/11, the “undefended” status has become less and less accurate.

It is in our interests to keep that border as open as possible: most Canadian businesses depend on having access to the 300+ million American market, and our economy would suffer greatly if the border was closed. What would be a minor economic inconvenience to the Americans would be a devastating government-induced depression to Canada. But keeping the border open is not worth allowing Washington to dictate Canada’s foreign and domestic policies.

Though not identical, it smacks of the British practice in the early 18th century of seizing American seamen and forcing them into servitude on British ships. That practice led to the War of 1812, a slightly farcical conflict in which a British-Canadian shore party burned down the White House and the U.S. Capitol, and chased President Madison out of Washington with a painting of the first president under his arm, (one of the less publicized but more picturesque episodes in the eventful history of the U.S. presidency).

It’s unlikely that a war of any kind would break out between Canada and the United States, thank goodness, but Canada should not kowtow to American pressure. Tell Mr. Obama to go to hell, Stephen!

Pat Condell: Freedom is my religion

Filed under: Europe, Liberty, Religion — Tags: , , , , , — Nicholas @ 20:14

QotD: De Gaulle

Filed under: Cancon, Europe, France, History, Quotations, WW2 — Tags: , , , — Nicholas @ 00:01

De Gaulle was great because he knew how to act the part. Actually doing great things was someone’s else problem. The heavy lifting of the Second World War was done by the Russian foot soldier and the English speaking powers. Objectively, Canada did more to defeat Hitler than France. Being a nation of citizen soldiers, who desperately wanted to get home, we did our bit and went home. This allowed a prima donna like De Gaulle to take the credit for liberating France. In gratitude, the Liberator then travelled to Montreal, some twenty years later, and thanked Canada by trying to destroy it.

Publius, “The Saviour of the Nation”, Gods of the Copybook Headings, 2010-08-04

August 6, 2010

QotD: Nuclear weapons

Filed under: History, Japan, Military, Quotations, WW2 — Tags: , — Nicholas @ 12:05

Sixty-five years ago today: “On Monday, August 6, 1945, the nuclear weapon Little Boy was dropped on Hiroshima by the crew of the American B-29 bomber Enola Gay, directly killing an estimated 80,000 people. By the end of the year, injury and radiation brought total casualties to 90,000-140,000. Approximately 69% of the city’s buildings were completely destroyed, and 6.6% severely damaged.” – Hiroshima

“Little Boy,” the aptly named 16 kiloton bomb that took out Hiroshima, was — in comparison to the nuclear devices in the world’s arsenals — sort of a light field artillery shell. There was, at the time, a second bomb called “Fat Man.” Weighing in at 21 kilotons it would put paid to Nagasaki on August 9, 1945. With the erasure of Nagasaki, the world was fresh out of nuclear weapons. It was only a temporary lapse. Today we’ve got about 25,000 of these little items of discipline scattered about.

The largest nuclear bomb ever detonated in the atmosphere was The Soviet Tsar Bomba , or “Big Ivan” which at 50 Megatons was very harmful to every living think on Novaya Zemlya Island (located above the arctic circle in the Arctic Sea) in October of 1971. Whatever else you might think about them, you can’t deny those Soviets dreamed BIG dreams.

Gerard Vanderleun, “Nukes: Time for a Live Demo”, American Digest, 2010-07-06

Tide turning on porn prosecutions in the UK?

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 09:00

After the US government’s prosecution of a pornography company owner collapsed last month, the British anti-porn campaign has suffered a setback. The Register reports on the case:

A stunning reversal for police and prosecution in North Wales may herald the beginning of the end for controversial legislation on possession of extreme porn.

The case, scheduled to be heard yesterday in Mold Crown Court, was the culmination of a year-long nightmare for Andrew Robert Holland, of Coedpoeth, Wrexham, Clwyd as the CPS declined to offer any evidence, and he left court a free man. The saga began last summer when, following a tip-off, police raided Holland’s home looking for indecent images of children. They found none, but they did find two clips, one involving a woman purportedly having sex with a tiger, and one which is believed to have depicted sado-masochistic activity between adults.

Despite Holland’s protests that he had no interest in the material, and that it had been sent to him unsolicited “as a joke”, he was charged with possessing extreme porn. In a first court appearance in January of this year, the “tiger porn” charge was dropped when prosecuting counsel discovered the volume control and at the end of the action heard the tiger turn to camera and say: “That beats doing adverts for a living.”

The laws are seriously skewed when the potential punishment for simple possession of “extreme” pornography approaches the actual punishment for serious violent crime.

August 5, 2010

US governments still finding this “free speech” thing annoying

If you support the notion of free speech, it is most important to support it during elections . . . but not everyone feels this way:

The Associated Press reports that California’s Fair Political Practices Commission (FPPC) is considering “how to regulate new forms of political activity such as appeals on a voter’s Facebook page or in a text message.

Not whether to regulate these new forms of political speech, but how.

The recommendations apparently include “requiring tweets and texts to link to a website that includes . . . full disclosures, although some people feel the disclosure should be in the text itself no matter how brief . . . .”

To paraphrase Chief Justice John Roberts, this is why we don’t leave our free speech rights in the hands of FPPC bureaucrats. To bureaucrats like those at the FPPC, the Federal Election Commission or their analogues, there seems to be no need to show any evidence that Twitter, Facebook or text messages actually pose any threat to the public. It is enough that they these new forms of low-cost media aren’t currently regulated, but could be. Their primary concern, apparently, is that the regulation of political speech be as comprehensive as possible.

Free speech can be a messy thing — but censorship is worse.

Examining DNA testing from the client’s point of view

Filed under: Bureaucracy, Government, Health, Media, Science — Tags: , , , — Nicholas @ 07:19

Mary Carmichael is writing a multi-part series about DNA testing:

On July 22, Congress held a hearing on direct-to-consumer (DTC) genetic tests, services that analyze your DNA and interpret the results in exchange for a few hundred bucks — no doctor necessary. The hearing could have been a thoughtful national conversation about science, business, and ethics. Alas, it devolved instead into a series of gotcha moments, starring a General Accounting Office sting operation that came off like a cross between the ACORN videos and the world’s worst ad for snake oil.

Time and again, on tape, an undercover agent called up an unidentified testing company and asked an ill-informed question. (“Is it OK if I stop taking my cholesterol meds and instead take the nutritional supplements you sell? If I can manage to get hold of my fiancé’s saliva without him knowing, will you run it through your machines so I can surprise him with the ‘gift’ of his own data?”) And time and again, the phone rep sank to the occasion and made the company look awful. (Sure, lay off the pills and take our supplements! Of course we’ll analyze your fiancé’s spit without his permission even though that’s illegal, unethical, and weird!)

I listened to the tape several times the day it was released, despairing at the way people were taking advantage of gullible, albeit fictional consumers, which was clearly how the congressmen who held the hearing wanted me to react. Then I started to worry about something else. How much time did I even have left to decide whether I was going to take a test myself? Even before the hearing, the FDA had announced its plans to regulate all DTC genetic tests, possibly so heavily as to keep them off the market; the hearing was just the sort of thing that could push it to move faster. What if, by the time I finally decided if I wanted one of these tests, I couldn’t buy one anymore? My credit card was sitting next to my laptop. I did something that in retrospect seems a bit rash. There’s a DNA-collection kit on my desk now, taunting me — because although I bought the thing, I still can’t decide whether I actually want to use it.

The sheer volume of misinformation on DNA testing — combined with public belief in the amazing accuracy of DNA testing (probably induced by watching too many crime investigation TV shows) — leaves the legitimate companies in an awkward situation. The actual DNA self-tests don’t tell you what you might expect, and can tell you things you don’t want to know. Politicians jumping in now (at the prompting of bureaucrats who want more power to regulate) will only make the situation more confused.

H/T to BoingBoing for the link.

August 4, 2010

QotD: Keyshawn keeps his priorities straight

Filed under: Football, Humour, Media, Quotations — Tags: , , , — Nicholas @ 17:30

For as much as the network has made fun of Favre over the last couple of years for his decision to keep playing, when he speaks — or texts — people listen, and ESPN became “All Favre All the Time” Tuesday. From 10 a.m. to 4 p.m., almost every minute of coverage was devoted to Favre and, considering that ESPN employs just about as many NFL people as the league itself, it had a variety of people to draw from.

Steve Young thought he would play three or four more years. Mike Golic said the Vikings are a borderline playoff team without Favre and not a Super Bowl contender. Trent Dilfer was “shocked.” Andy Reid said, “I’ve been asked that question once or twice.” Antonio Freeman said he won’t believe it until Sept. 9 when the Vikings play and Favre isn’t there. Mike Ditka said, “He’s a 40-year old 17-year old.” Jon Gruden said he is “one of the toughest human beings to ever walk the planet.” Keyshawn Johnson talked about himself.

John Holler, “With Favre, everyone has an opinion”, Viking Update, 2010-08-04

Favre retirement story switches again

Filed under: Football, Media — Tags: , , , — Nicholas @ 13:15

Yesterday, the sports news was full of the “Brett Favre is retiring” meme. Today, we’re back to “Of course he’s going to play”. Favre denies having sent any text messages announcing his decision:

Brett Favre told ESPN’s Ed Werder in Hattiesburg, Miss., on Wednesday that he has not made any decision about returning to play for the Minnesota Vikings this season and says he will play if healthy.

Favre’s agent, Bus Cook, said in a statement to the NFL Network on Wednesday that the quarterback has an appointment with Dr. James Andrews next week and will know more at that time. Andrews performed surgery on Favre’s ankle in May.

Favre denied sending text messages to Vikings teammates and club officials that might have indicated he had decided to retire.

Favre told ESPN that he has decided to play for Minnesota in 2010 if his surgically repaired ankle heals but said the fact he has not been able to decide his future reflects his level of concern about regaining his health.

Tarvaris Jackson isn’t the happiest man in Minnesota today (but then again, he probably didn’t take the story seriously yesterday either).

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