Quotulatiousness

March 17, 2013

Cyprus delays emergency parliamentary session over banking haircut

Filed under: Economics, Europe, Government — Tags: , , — Nicholas @ 09:50

Apparently not all the politicians in the Cypriot parliament are on-board with the mandatory levy on savings accounts:

Cyprus’s parliament has postponed until Monday an emergency session to vote on a levy on bank deposits after signs that lawmakers might block the surprise move agreed in Brussels to help fund a bailout and avert national bankruptcy.

In a radical departure from previous aid packages, euro zone finance ministers want Cyprus savers to forfeit up to 9.9 percent of their deposits in return for a 10 billion euro ($13 billion) bailout to the island, which has been financially crippled by its exposure to neighboring Greece.

The decision, announced on Saturday morning, stunned Cypriots and caused a run on cashpoints, most of which were depleted within hours. Electronic transfers were stopped.

[. . .]

Many Cypriots, having contributed to bailouts for Ireland, Portugal and Greece — Greece’s second bailout contributed to a debt restructuring that blew the 4.5 billion euro hole in Cyprus’s banking sector — are aghast at Europe’s treatment.

Cyprus received a “stab in the back” by its EU partners, the daily Phileleftheros said.

But it and another newspapers highlighted the danger of plunging the banking system into further turmoil if lawmakers sat on the fence.

EFF press release on the win on National Security Letters

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:32

The EFF posted more information about the court decision that National Security Letters violate the constitution:

The controversial NSL provisions EFF challenged on behalf of the unnamed client allow the FBI to issue administrative letters — on its own authority and without court approval — to telecommunications companies demanding information about their customers. The controversial provisions also permit the FBI to permanently gag service providers from revealing anything about the NSLs, including the fact that a demand was made, which prevents providers from notifying either their customers or the public. The limited judicial review provisions essentially write the courts out of the process.

In today’s ruling, the court held that the gag order provisions of the statute violate the First Amendment and that the review procedures violate separation of powers. Because those provisions were not separable from the rest of the statute, the court declared the entire statute unconstitutional. In addressing the concerns of the service provider, the court noted: “Petitioner was adamant about its desire to speak publicly about the fact that it received the NSL at issue to further inform the ongoing public debate.”

“The First Amendment prevents the government from silencing people and stopping them from criticizing its use of executive surveillance power,” said EFF Legal Director Cindy Cohn. “The NSL statute has long been a concern of many Americans, and this small step should help restore balance between liberty and security.”

March 16, 2013

First big blow against the cult of secrecy

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 10:32

The “most transparent administration” may be forced to be a bit more transparent after a US federal judge declared National Security Letters to be unconstitutional:

Ultra-secret national security letters that come with a gag order on the recipient are an unconstitutional impingement on free speech, a federal judge in California ruled in a decision released Friday.

U.S. District Judge Susan Illston ordered the government to stop issuing so-called NSLs across the board, in a stunning defeat for the Obama administration’s surveillance practices. She also ordered the government to cease enforcing the gag provision in any other cases. However, she stayed her order for 90 days to give the government a chance to appeal to the Ninth Circuit Court of Appeals.

“We are very pleased that the Court recognized the fatal constitutional shortcomings of the NSL statute,” said Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed a challenge to NSLs on behalf of an unknown telecom that received an NSL in 2011. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.”

[. . .]

NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more.

NSLs are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have even received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has to merely assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.

March 14, 2013

Steve Chapman on modern-day Puritans

Filed under: Government, Media, USA — Tags: , , , , , — Nicholas @ 12:33

They haven’t disappeared, they’ve just changed topics:

The first law of thermodynamics says that energy can’t be created and can’t be destroyed — it can only be changed from one form into another. The same holds true of the puritanical impulse.

Puritanism in the historical sense is as dead as the Salem witches. The religious group that settled in New England outlawed theater, rejected any form of sex except marital intercourse, banned celebration of Christmas and spent hours in church listening to horrifying depictions of Hell.

[. . .]

But the underlying motive is to enforce one model of acceptable behavior on everyone. Obesity is commonly regarded as a grave personal failing, an abdication of healthy restraint and abstinence. Some of the virtuous feel entitled to demand virtue of all.

Sound like anyone who landed at Plymouth Rock? Truth is, sexual puritans can make equally plausible arguments on the practical need to regulate the exercise of bedroom behavior, which has major implications for both health and government budgets.

March 10, 2013

British Tories float the notion of leaving the European Convention on Human Rights

Filed under: Britain, Europe, Government, Law — Tags: , , , , — Nicholas @ 09:45

It’s not a declared aim — yet — but when a senior government minister even mentions this as an option, you have to assume it’s being discussed:

The Conservatives would consider leaving the European Convention on Human Rights if they won the 2015 election, the home secretary has said.

Theresa May told an event organised by the ConservativeHome site the party would also scrap the Human Rights Act.

She said it restricted the UK’s ability “to act in the national interest”.

A private poll by ex-party treasurer Lord Ashcroft, meanwhile, suggested the party would lose 93 marginal seats to Labour if the election was held now.

The BBC understands Mrs May was putting forward ideas for the next Conservative manifesto, and such a move was not current government policy.

[. . .]

Mrs May told the gathering she was sceptical whether the convention limited human rights abuses in other countries and suggested it restricted Britain’s ability to act in its own interests.

“When Strasbourg constantly moves the goalposts and prevents the deportation of dangerous men like Abu Qatada, we have to ask ourselves, to what end are we signatories to the convention?” she said.

“Are we really limiting human rights abuses in other countries? I’m sceptical.”

She said that “by 2015, we’ll need a plan for dealing with the European Court of Human Rights”.

“And yes, I want to be clear that all options — including leaving the convention altogether — should be on the table.”

March 7, 2013

Rand Paul’s filibuster and the Obama administration’s drone strike policies

Filed under: Government, Law, Military, USA — Tags: , , , , , — Nicholas @ 11:08

Nick Gillespie has three important points to take away from Senator Rand Paul’s filibuster yesterday:

For all of the late-night punch-drunkiness that eventually ensued on Twitter (well, at least on my feed), yesterday’s 12-hours-plus filibuster led by Sen. Rand Paul (R-Ky.) is among the most electrifying and insipiring events in recent political memory. The point of the filibuster — which derailed a confirmation vote on John Brennan as Barack Obama’s CIA head — was to call attention to the president’s insufficient answers to questions about his policy of targeted killings via drones and, one assumes, other methods.

Here are three takeaways from yesterday’s epic event:

1. It shows what one man can do to call attention to a hugely important issue that nonetheless is largley ignored by the mainstream media and the political establishment.

Elected in 2010, Rand Paul has rarely been the Republican — or the Democrat’s — media favorite. He’s been heckled big time from his own side (which initially worked against his election) and across the aisle as an irresponsible ideologue (he’s a dirty tea-bagger don’t you know!). Among a good chunk of his father’s most devoted followers, he’s been assailed as a neo-con war hawk who was willing to trim his libertarian bona fides to win favor with the D.C. party crowd. His sad-sack opponent in the general election the GOP primary, Jack Conway, set new lows with the infamous “Aqua Buddha” ad that accused Paul of everything short of devil worship; his general election opponent in the GOP primary, Trey Grayson, had already trotted out many of the same pathetic lines.

[. . .]

2. It shows the power of transpartisan thought and action. Make no mistake: Despite the presence of Sen. Ron Wyden (D-Oregon) and Sen. Dick Durbin (D-Ill.), yesterday’s filibuster was a GOP-conducted orchestra. But what was most bracing and ultimately powerful thing about the filibuster was that none of the speakers exempted the Republican Party or former President George W. Bush, whose aggrandized view of executive power still roils the sleep of the Founding Fathers, from withering criticism and scrutiny. How else to explain that hard-left groups such as Code Pink were proud to #standwithrand yesterday on Twitter? The same with reliable Rand and GOP critic Eugene Robinson and many others who up until yesterday thought little of Rand Paul.

[. . .]

3. It ties a direct line between the abuses of power and the growth of the state.

Despite using various self-identifiers over the years (he’s called himself a libertarian, a conservative, a constitutional conservative, etc.) Rand Paul has always been rightly understood as an advocate of sharply limited and small government. During his Senate race, for instance, he said questions about drug legalization should be pushed back towards the states, where different models could be tried in accordance with the wishes of the people most directly affected. He presented a budget that was heavy on spending cuts that would have balanced the budget in five years. He has called for either actually declaring war on countries such as Iraq and Libya or getting the hell out. What unites his positions is a default setting against giving the federal government a free hand to do whatever it wants irrespective of constitutional limits.

QotD: When bureaucrats have to cut back

Filed under: Bureaucracy, Government, Quotations — Tags: , , — Nicholas @ 00:01

Back in my teaching days, many years ago, one of the things I liked to ask the class to consider was this: Imagine a government agency with only two tasks: (1) building statues of Benedict Arnold and (2) providing life-saving medications to children. If this agency’s budget were cut, what would it do?

The answer, of course, is that it would cut back on the medications for children. Why? Because that would be what was most likely to get the budget cuts restored. If they cut back on building statues of Benedict Arnold, people might ask why they were building statues of Benedict Arnold in the first place.

The example was deliberately extreme as an illustration. But, in the real world, the same general pattern can be seen in local, state and national government responses to budget cuts.

At the local level, the first response to budget cuts is often to cut the police department and the fire department. There may be all sorts of wasteful boondoggles that could have been cut instead, but that would not produce the public alarm that reducing police protection and fire protection can produce. And public alarm is what can get budget cuts restored.

Thomas Sowell, “Will Obama turn the United States into the world’s largest banana republic?”, Washington Examiner, 2013-03-04

March 6, 2013

ACLU to investigate the militarization of US police forces

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 12:00

At the Huffington Post, Radley Balko reports on a new ACLU campaign:

The militarization of America’s police forces has been going on for about a generation now. Former Los Angeles Police Chief Daryl Gates first conceived the idea of the SWAT team in the late 1960s, in response to the Watts riots and a few mass shooting incidents for which he thought the police were unprepared. Gates wanted an elite team of specialized cops similar to groups like the Army Rangers or Navy SEALs that could respond to riots, barricades, shootouts, or hostage-takings with more skill and precision than everyday patrol officers.

The concept caught on, particularly after a couple of high-profile, televised confrontations between Gates’ SWAT team and a Black Panther holdout in 1969, and then with the Symbionese Liberation Army in 1973. Given the rioting, protests, and general social unrest of the time, Gates’ idea quickly grew popular in law enforcement circles, particularly in cities worried about rioting and domestic terrorism.

[. . .]

Kraska estimates that total number of SWAT raids in America jumped from just a few hundred per year in the 1970s, to a few thousand by the early 1980s, to around 50,000 by the mid-2000s.

The vast majority of those raids are to serve warrants on people suspected of nonviolent drug crimes. Police forces were no longer reserving SWAT teams and paramilitary tactics for events that presented an immediate threat to the public. They were now using them mostly as an investigative tool in drug cases, creating violent confrontations with people suspected of nonviolent, consensual crimes.

March 3, 2013

California’s retroactive tax grab

Filed under: Business, Government, USA — Tags: , — Nicholas @ 13:03

The state of California seems determined to drive out the remaining businesses that pay taxes. Here’s Wendy McElroy with news of a retroactive change to a small business tax break:

California cannot chase business away fast enough, it seems: high taxes, cap-and-trade, voracious unions, bankrupt cities, and now retroactive taxation.

Shortly before the Christmas holidays and oh so quietly, the California Franchise Tax Board (FTB) rescinded a tax break that dated back to 1993. The Qualified Small Business Stock (QSBS) exclusion allowed small businesses and investors who met certain conditions to exclude or to defer 50 percent of the profits of sold stock from their personal income taxes. The incentive was intended to lure startup companies of under $50 million into the state.

Now those who were ensnared have not only lost that tax break for the future; many are also being taxed retroactively back to 2008. Plus interest. Plus possible penalties.

March 2, 2013

QotD: “One way to know that you’re doing the right thing”

Filed under: Bureaucracy, Government, Politics, Quotations — Tags: , , , , — Nicholas @ 10:27

Is to look at peoples’ reactions to what you’re doing. If, for example, you decided that you wanted to clean up the MPs’ expenses system and every MP then started howling about how we mere ignorant citizenry aren’t supposed to control them then we’d know that we were on the right track. Similarly, if every criminal in the country (to the extent that this is a different group from MPs) starts to complain about the length of sentences after just and righteous trials then you would at least begin to suspect that you might have created sentences which have a deterrent effect.

Tim Worstall, “One way to know that you’re doing the right thing”, Adam Smith Institute blog, 2013-03-02

A 2% budget cut should not impact day-to-day services

Filed under: Bureaucracy, Government, Politics, USA — Tags: , , , — Nicholas @ 10:04

In the Washington Times, Gary Johnson looks at the wild claims about what the sequester will do to the services Americans receive from the federal government:

To listen to the parade of Obama administration officials warning of civilization-ending consequences from the measly $85 billion in spending “cuts” sequestration will bring, one can only reach one of two conclusions: Either they are just making stuff up to make the cuts as painful as possible, or the federal budget is so out of control that a mere 2.4 percent reduction in projected spending is more than the system can handle.

Frankly, it is both. Absolutely, in their zeal to make Republicans pay the maximum political price for what is actually both parties’ fault, it is almost comical to watch one Cabinet official after another step up to the microphone and tell us that a 2.4 percent reduction (that isn’t really a reduction) will cause airplanes to fall out of the sky, our national defense to be disabled and our children to starve. That game is among the oldest in Washington. Cut the Park Service budget, and suddenly they can’t find the money to keep the Lincoln Memorial or Yellowstone open.

This sideshow is entertaining, but it misses what may be the most important lesson to be learned from this sequester debacle. While there is certainly a heavy dose of Chicken Little falling-sky rhetoric coming out of the bureaucracy, it is probably true that the rather indiscriminate sequester formula is presenting some challenges for some agencies.

[. . .]

If “cutting” discretionary spending by a lousy 2 or 3 cents on the dollar is enough to create dire consequences (for the sake of argument), imagine what would happen if we tried to reduce that spending by the 30 cents it will take to balance the budget and stop digging ourselves even deeper into unsustainable debt.

March 1, 2013

Sequester nightmare: “The administration has every incentive to make the sky fall, lest we suffer that terrible calamity — cuts the nation survives”

Filed under: Government, Media, Politics, USA — Tags: , , — Nicholas @ 10:19

Charles Krauthammer on the differing aims of the President and the congressional Republicans over sequestration:

“The worst-case scenario for us,” a leading anti-budget-cuts lobbyist told The Washington Post, “is the sequester hits and nothing bad really happens.”

Think about that. Worst case? That a government drowning in debt should cut back by 2.2 percent — and the country survives. That a government now borrowing 35 cents of every dollar it spends reduces that borrowing by two cents “and nothing bad really happens.” Oh, the humanity!

A normal citizen might think this a good thing. For reactionary liberalism, however, whatever sum our ever-inflating government happens to spend today (now double what Bill Clinton spent in his last year) is the Platonic ideal — the reduction of which, however minuscule, is a national calamity.

Or damn well should be. Otherwise, people might get the idea that we can shrink government, and live on.

Hence the president’s message. If the “sequestration” — automatic spending cuts — goes into effect, the skies will fall. Plane travel jeopardized, carrier groups beached, teachers furloughed.

The administration has every incentive to make the sky fall, lest we suffer that terrible calamity — cuts the nation survives. Are they threatening to pare back consultants, conferences, travel and other nonessential fluff? Hardly. It shall be air-traffic control. Meat inspection. Weather forecasting.

Update: Mark Steyn was a guest on the Hugh Hewitt show the other day to talk about this:

I’m not big on those Mayan guys, but those Mayan guys only hold an apocalypse every few thousand years. Washington now has a Mayan apocalypse every six weeks, whether it’s the fiscal cliff or the debt ceiling, or now the sequestration. And as you say, it’s talking about $44 billion dollars, or about what the United States government borrows, borrows every nine days, every nine days. So in other words, we’ve just spent weeks talking about nine days’ worth of borrowing, which in any eventual deal isn’t actually going to be saved anyway, because the latest deficit reduction bill actually increases the deficit, because that’s just the way Washington works.

[. . .]

Yeah, and you know what’s crazy about this is that let’s pretend that the officials who are speaking on this, the cabinet secretaries who are coming out and telling us that the world will come to an end tomorrow, that the planes are going to be dropping from the skies, that our infants and seniors are going to be dying untended in hospitals, that your shower head is going to be blasting out fecal coliform on you in the morning, that all of this is going to be happening just for his hypothetical $40 billion dollars of so-called entirely phony sequestration cuts, now assuming they’re not just lying to us. They’re basically telling us that nothing can ever be done about Washington spending ever. If $40 billion of hypothetical cuts means that the planes are dropping from the skies, and Obama’s even cancelled the deployment of a carrier to the Gulf, you know, in other words, when the Iranians go nuclear, he’ll be able to say oh, I would have stopped that, but we were all tied up with the sequestration. Sequestration is what allowed the mullahs to go nuclear. If that’s true, nothing can ever be done about anything ever, and Washington might as well just close up and go home.

February 28, 2013

North Korea struggling with loss of faith in the state

Filed under: Asia, China, Government — Tags: , , , , , — Nicholas @ 08:50

Strategy Page on the challenges facing the government as the younger generation grows up:

A major source of information about North Korea is obtained by South Korean intelligence experts interviewing the steady flow of refugees arriving in South Korea (via China and the South Korean embassies in neighboring countries like Thailand). For the last decade, over a thousand of these refugees have arrived each year. In the last few years China and North Korea have increased their efforts to reduce that number, which peaked at 2,900 in 2009 and was 1,500 last year. These determined and desperate people keep coming. Separate interviews are compared and checked against each other to obtain an updated and accurate first-hand view of life in the north. This also helps detect the spies North Korea tries (often with success) getting into the south via the refugee route. While the refugees detail the growing decline in living standards up north, it’s also become clear that there is a very real generational shift in loyalties in the north. The generation who grew up during the 1990s famine (that killed about ten percent of the population and starved most of the rest for years) no longer believe in the North Korean dictatorship. Many who came of age before 1990 still do, but for most everyone under 30 the state is the enemy and self-reliance, and not a benevolent dictatorship, is the only way to survive. The North Korean government has been fighting these attitudes more and more, as this generation of unbelievers grows larger each year. The more astute members of the northern leadership see this as a no-win situation. Eventually most North Koreans will be very hostile to the state and more adept at making money in spite of the government, or simply getting out of the country. Most of the leadership is still afraid of enacting Chinese style economic reforms because they believe a more affluent population would seek revenge for the decades of misrule and tyranny. The Chinese say that didn’t happen in China. The North Koreans point out that, as bad as the Chinese communists were in the 1950s and 60s (killing over 50 million people via starvation, labor camps and execution) that was not as bad (proportionately) as what the North Koreans have suffered. Moreover, the North Korean leaders point out that, historically, Koreans have been a bit more excitable and brutal when aroused by misrule. The Chinese say times have changed but the North Korean leaders are not yet willing to bet their lives on that being the case.

The refugees report that most North Koreans understand that the police state up there is strong enough to suppress any uprising now or in the foreseeable future and that the only real threat to the dictatorship is intervention (openly or via a coup) by China. Refugees also report that it’s common knowledge that hundreds of North Koreans have died of radiation poisoning or been born with birth defects because of the uranium mining and working with nuclear materials. The government has responded by offering large cash bonuses to those who will work in the uranium mines. The refugees report in detail many other ways the Kim government abuses their subjects.

Cybersecurity … can it be anything more than fear + handwaving = “we must have a law!”

Filed under: Business, Government, Law, Technology — Tags: , , , , , — Nicholas @ 00:01

At Techdirt, Mike Masnick fisks “the worst article you might ever read about ‘Cybersecurity'”:

There has been a lot of discussion lately about “cybersecurity” “cyberwar” “cyberattacks” and all sorts of related subjects which really really (really!) could do without the outdated and undeniably lame “cyber-” prefix. This is, in large part, due to the return of CISPA along with the White House’s cybersecurity executive order. Of course, the unfortunate part is that we’re still dealing in a massive amount of hype about the “threats” these initiatives are trying to face. They’re always couched in vague and scary terms, like something out of a movie. There are rarely any specifics, and the few times there are, there is no indication how things like CISPA would actually help. The formula is straightforward: fear + handwaving = “we must have a law!”

However, I think we may now have come across what I believe may top the list of the worst articles ever written about cybersecurity. If it’s not at the top, it’s close. It is by lawyer Michael Volkov, and kicks off with a title that shows us that Volkov is fully on board with new laws and ramping up the FUD: The Storm Has Arrived: Cybersecurity, Risks And Response. As with many of these types of articles, I went searching for the evidence of these risks, but came away, instead, scratching my head, wondering if Volkov actually understands this subject at all, with his confused thinking culminating in an amazing paragraph so full of wrong that almost makes me wonder if the whole thing is a parody.

[. . .]

There’s been plenty of talk about these Chinese hacks, which definitely do appear to be happening. But, what economic activity has been undermined? So far, the hacks may have been a nuisance, but it’s unclear that they’ve done any real damage. It is also unclear how CISPA helps stop such hacks, other than making Congress feel like it’s “done something.”

Are there issues with online security that need to be taken seriously? Yes, absolutely. Do we need legislation to deal with those problems? That’s debatable, and we’re still waiting for some evidence not just of scary sounding threats, but that this kind of legislation will actually help. Unfortunately, this article keeps us waiting. But, it did make us laugh. Unintentionally (we think).

February 27, 2013

Parliamentary Budget Officer conducting “constitutional vandalism”

Filed under: Cancon, Government, Law, Media — Tags: , , , , — Nicholas @ 11:58

Senator Anne Cools is displeased by the PBO’s ongoing legal and media campaign against the Federal government:

An independent senator says the parliamentary budget watchdog, Kevin Page, overstepped his mandate by taking the government to court in a battle for spending figures, and the Senate should force Page to withdraw the legal proceedings.

In a speech to the Senate Tuesday, Sen. Anne Cools argued that Page’s regular comments to reporters and more recent comments to his international counterparts about his battles with the government over spending figures were “provocative and inflammatory public statements” that are “intolerable and unacceptable.”

Page’s actions, Cools argued, were tantamount to contempt of Parliament, were a breach of parliamentary privilege and were affecting the Senate’s credibility to carry out its functions.

“Contemptuous and un-parliamentary,” she said of Page’s actions and comments, “they are constitutional vandalism.”

“They are inappropriate conduct from a Library officer under the direction of the Speakers of the Senate and the House of Commons. This Senate cannot accept this and should take some ‘shock-no-more’ actions.”

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