Quotulatiousness

June 25, 2013

Snowden’s character doesn’t matter – Snowden’s revelations matter a great deal

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

Gene Healy says that it doesn’t matter what you think about Edward Snowden, you should care a lot about what he’s revealed:

Here, the most disturbing aspect of the Snowden revelations is the NSA’s comprehensive, multiyear call-records database, with communication and phone-location information on millions of Americans. Especially if combined with metadata on emails, website visits and financial transactions that the agency is also amassing, that information is a potential treasure trove for political abuse — it can be used to ferret out the sort of information governments have historically used to blackmail and neutralize political opponents: who’s leaking, who’s organizing, who’s having an affair. The potential abuse of that information represents a grave threat to American liberty and privacy regardless of Snowden’s character and motivations.

In an post last week, Buzzfeed‘s Ben Smith makes the key point: “You Don’t Have to Like Edward Snowden.” Snowden, Smith argues, is “a source,” and the information sources convey is far more important than their “moral status” or the “fate of [their] eternal soul[s].”

Smith mentions Mark Felt, the FBI honcho who served as Woodward and Bernstein’s “Deep Throat” during their investigation of the Watergate burglary and cover-up. Felt, it turned out, was simply settling scores in a bureaucratic power struggle. He had no scruples against criminal violations of privacy — in 1980 he was convicted of conspiring to violate the constitutional rights of Americans through warrantless break-ins as part of the FBI’s COINTELPRO program.

It was important for Americans to know that their president was a crook. That Mark Felt was also a crook is neither here nor there. As Smith puts it, “who cares?”

Portugal’s experience with drug decriminalization

Filed under: Europe, Health, Law, Liberty — Tags: , , , — Nicholas @ 14:38

The Cato Institute sent out a Twitter update, reminding everyone about the 2009 White Paper by Glenn Greenwald on how the Portuguese drug experiment played out after 2001:

On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Under the new legal framework, all drugs were “decriminalized,” not “legalized.” Thus, drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm. Drug trafficking continues to be prosecuted as a criminal offense.

While other states in the European Union have developed various forms of de facto decriminalization — whereby substances perceived to be less serious (such as cannabis) rarely lead to criminal prosecution — Portugal remains the only EU member state with a law explicitly declaring drugs to be “decriminalized.” Because more than seven years have now elapsed since enactment of Portugal’s decriminalization system, there are ample data enabling its effects to be assessed.

Notably, decriminalization has become increasingly popular in Portugal since 2001. Except for some far-right politicians, very few domestic political factions are agitating for a repeal of the 2001 law. And while there is a widespread perception that bureaucratic changes need to be made to Portugal’s decriminalization framework to make it more efficient and effective, there is no real debate about whether drugs should once again be criminalized. More significantly, none of the nightmare scenarios touted by preenactment decriminalization opponents — from rampant increases in drug usage among the young to the transformation of Lisbon into a haven for “drug tourists” — has occurred.

The political consensus in favor of decriminalization is unsurprising in light of the relevant empirical data. Those data indicate that decriminalization has had no adverse effect on drug usage rates in Portugal, which, in numerous categories, are now among the lowest in the EU, particularly when compared with states with stringent criminalization regimes. Although postdecriminalization usage rates have remained roughly the same or even decreased slightly when compared with other EU states, drug-related pathologies — such as sexually transmitted diseases and deaths due to drug usage — have decreased dramatically. Drug policy experts attribute those positive trends to the enhanced ability of the Portuguese government to offer treatment programs to its citizens — enhancements made possible, for numerous reasons, by decriminalization.

Maybe crime doesn’t pay after all…

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 08:39

680News reported on a Toronto Police drug investigation that ended up with 35 arrests on various charges. That sounds impressive until you get down to the summary of what contraband was confiscated in “Project Wanted”:

Thirteen grams of crack cocaine were seized, seven grams of marijuana, three grams of heroin, 34 grams of ecstasy. The total street value of the drugs was valued at $5,000. The police also seized $1,710.00.

Unless they managed to flush a huge amount of drugs before being arrested, you’d have to say that these people wouldn’t be listed as “drug kingpins”. And these are not amateurs, either:

Police also allege that the total number of convictions of those arrested is 723. The average number of convictions on each person’s criminal record is 20.

Twenty-seven of those arrested were on bail at the time the crimes were alleged to have happened. Nine were on probation.

“You cannot have a functioning democratic republic when the laws are so voluminous no one can know what the law is”

Filed under: Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 08:28

I really did think they were kidding about needing to pass the law to be able to find out what was in it, but this appears to be the way US laws are made nowadays:

When a bill is amended in a sneaky manner, as this one has been, no responsible senator could just read 100 new pages. The amendments are interspersed thoughout the bill — it’s not like you could sit and read them as a unit, even if you had the time. Since the proponents are clearly trying to pull a fast one, prudence, as Senator Cruz pointed out, would dictate rereading every line of text, old and new, to search for insertions — and, indeed, news reports indicate that numerous new buy-offs and pot-sweeteners have been inserted.

But there is a larger point: no “important legislation” should be 100 pages long, much less 1,200 (or the even more mind-boggling girth of monstrosities like Obamacare). The United States Constitution is about 4,500 words long — outfits like Cato and Heritage publish it in small pamphlets that can be read in a few minutes. Nowadays, not only are the bills so gargantuan that no one could conceivably master them and predict their consequences; each page produces even more pages of regulations. They can’t even be lifted, much less digested.

You cannot have a functioning democratic republic when the laws are so voluminous no one can know what the law is. And that is especially the case when (a) the rationale for passing new laws — according to “reform” proponents like Senator Marco Rubio and Rep. Paul Ryan — is that we don’t enforce the laws currently on the books; (b) key parts of legislation consist of commitments to do what previously enacted law already commands; and (c) the president, notwithstanding his oath to take care that the laws are faithfully executed, claims the power to refrain from enforcing whatever laws he disapproves of. Washington has made a farce of the legislative process and of the once proud boast that we are ”a nation of laws not men.”

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