Quotulatiousness

December 23, 2011

What is justice?

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:19

We may not be able to fully answer that question, but I think Scott Greenfield has a good case for what isn’t justice:

Whenever a motion is made for a bill of particulars in the Southern District of New York, the government’s response is the same: It would unduly prejudice the government to be required to disclose allegations of fact that would enable the defendant to know the specific conduct that forms the basis of the charge against him. And the court agrees.

You know, telling the defense what exactly it says the defendant did that was criminal would indeed prejudice the government. It would give the defense half a chance to prepare its defense. Well, maybe only a third of a chance, but at least a chance. Level the playing field, if only a bit? Prejudice.

But when it comes to prosecuting “enemy combatants,” the ante is upped. Way upped. Not only is the risk of individual failure at stake, but the reputation of a government that’s come to depend on a population who believes, with their every breath, that it can be trusted to ignore every safeguard around which are concept of a legal system is based, and still be fair. The integrity of the outcome must be trusted, and yet the conviction of those denied their rights must be assured.

What to do? It’s not enough to deny the defense access to the evidence against the defendant. No, not the puny refusal to provide a bill of particulars, but wholesale denial of “state secrets.” Still, a criminal defense lawyer gets used to thinking fast, working on the fly. We don’t enjoy the luxury of depositions, document demands, the absolute necessities of civil practice where lawyers whine about not being allowed to use a proctoscope at least five years in advance of trial. We prepare for surprises because we have no choice. We deal with the unknowns, because that’s our job.

Bad enough? Nope, read the rest of the post to find out just what little similarity to actual justice is in operation for those accused of being “enemy combatants”.

December 22, 2011

Gingrich would attempt to “break” judges who issue decisions he doesn’t like

Filed under: Government, Law, Politics, USA — Tags: , , , — Nicholas @ 08:57

And this guy is running for the Republican nomination? Here’s George Will on Gingrich’s latest campaign stance:

To teach courts the virtue of modesty, President Gingrich would attempt to abolish some courts and impeach judges whose decisions annoy him — decisions he says he might ignore while urging Congress to do likewise. He favors compelling judges to appear before Congress to justify decisions “out of sync” with majorities, and he would sic police or marshals on judges who resist congressional coercion. Never mind that judges always explain themselves in written opinions, concurrences and dissents.

Gingrich’s unsurprising descent into sinister radicalism — intimidation of courts — is redundant evidence that he is not merely the least conservative candidate, he is thoroughly anti-conservative. He disdains the central conservative virtue, prudence, and exemplifies progressivism’s defining attribute — impatience with impediments to the political branches’ wielding of untrammeled power. He exalts the will of the majority of the moment, at least as he, tribune of the vox populi, interprets it.

December 21, 2011

Barbara Kay: Spousal abuse is remarkably gender-balanced

Filed under: Cancon, Law, Media — Tags: , , , , — Nicholas @ 10:18

Everyone knows the old myth about a spike in wife-beating after major sporting events (most frequently referenced is the Superbowl, but the same factoid is trotted out about every “big game”). Barbara Kay reveals the awkward truth that nearly half of all spousal abuse is by female partners:

One of first-wave feminism’s great achievements in the 1970s was to end the denial surrounding wife abuse in even the “best” homes. Resources for abused women proliferated. Traditional social, judicial and political attitudes toward violence against women were cleansed and reconstructed along feminist-designed lines.

But then a funny thing happened. The closet from which abuse victims were emerging had, everyone assumed, been filled with women. But honest researchers were surprised by the results of their own objective inquiries. They were all finding, independently, that intimate partner violence (IPV) is mostly bidirectional.

But by then the IPV domain was awash in heavily politicized stakeholders. Even peer-reviewed community-based studies providing politically incorrect conclusions were cut off at the pass, their researchers’ names passed over for task force appointments and the writing of training manuals for the judiciary. Neither were internal whistle-blowers suffered gladly. Erin Pizzey, who opened the first refuge for battered women in England in 1971, was “disappeared” from the feminist movement when she revealed what she learned in her own shelter: She committed a heresy by asking women about their own violence, and they told her.

[. . .]

(While the CDC survey does not reference Canadian data, our IPV statistics vary significantly from the U.S.’s in certain respects. “Minor” wife assault rates as measured on the commonly employed Conflict Tactics Scale are identical, but “severe violence” rates in Canada fall as the violence ratchets up. For “kicking” and “hitting,” Canadian rates were 80% of the American rate; for “beat up,” they were 25%; and for “threatened with or used a gun/knife,” they were only 17%.)

By now there is no excuse for the failure of governments at all levels to follow through on — or at least acknowledge — the settled science of bilateral violence. Yet just last week the Justice Institute of British Columbia issued a lengthy report on “Domestic Violence Prevention and Reduction,” and sure enough, it defines domestic violence as “intimate partner violence against women,” recommending only that government work “to bridge gaps in the services and systems designed to protect women and children.”

One area where the majority of abusers are female is child abuse: women are much more likely to batter their children than men.

December 20, 2011

Steve Paikin asks whether we should legalize drugs

Filed under: Americas, Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 14:06

December 18, 2011

MPAA strategy shift: when the truth won’t serve, just lie

Filed under: Law, Liberty, Media — Tags: , , , , , — Nicholas @ 12:24

Cory Doctorow at BoingBoing:

MPAA Chairman Chris Dodd is making the rounds in DC, trying to gin up support for the Stop Online Piracy Act, which establishes a national censorship regime in which whole websites can be blocked in the US if the MPAA objects to them. The former senator turned shill has run out of plausible arguments in favor of the bill, so he’s resorted to really, really stupid lies.

Case in point: Dodd recently told the Center for American Progress that “The entire film industry of Spain, Egypt and Sweden are gone.”

Of course, this is a flat-out, easily checked, ridiculous lie.

December 17, 2011

We are “at the mercy of underachieving Congressional know-nothings that have more in common with the slacker students sitting in the back of math class than elected representatives”

Filed under: Government, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:52

A great post on the folks who are currently debating — if so many declarations of ignorance can be called “debating” — hacking away at the very basis of the internet we’ve come to love:

Some background: Since its introduction, SOPA and its Senate twin PROTECT-IP have been staunchly condemned by countless engineers, technologists and lawyers intimately familiar with the inner functioning of the internet. Completely beside the fact that these bills as they currently stand would stifle free speech and potentially cripple legitimate businesses by giving corporations extrajudicial censorial powers, they have found an even more insidious threat: The method of DNS filtering proposed to block supposed infringing sites opens up enormous security holes that threaten the stability of the internet itself.

The only problem: Key members of the House Judiciary Committee still don’t understand how the internet works, and worse yet, it’s not clear whether they even want to.

It’s of course perfectly standard for members of Congress to not be exceptionally proficient in technological matters. But for some committee members, the issue did not stop at mere ignorance. Rather, it seemed there was in many cases an outright refusal to understand what is undoubtedly a complex issue dealing with highly-sensitive technologies.

When the security issue was brought up, Rep. Mel Watt of North Carolina seemed particularly comfortable about his own lack of understanding. Grinningly admitting “I’m not a nerd” before the committee, he nevertheless went on to dismiss without facts or justification the very evidence he didn’t understand and then downplay the need for a panel of experts. Rep. Maxine Waters of California followed up by saying that any discussion of security concerns is “wasting time” and that the bill should move forward without question, busted internets be damned.

The traditional lightbulb may be safe for a bit longer

Filed under: Bureaucracy, Law, Liberty, Technology — Tags: , , , — Nicholas @ 10:29

From the Washington Times:

Congressional negotiators struck a deal Thursday that overturns the new rules that were to have banned sales of traditional incandescent light bulbs beginning next year.

That agreement is tucked inside the massive 1,200-page spending bill that funds the government through the rest of this fiscal year, and which both houses of Congress will vote on Friday. Mr. Obama is expected to sign the bill, which heads off a looming government shutdown.

Congressional Republicans dropped almost all of the policy restrictions they tried to attach to the bill, but won inclusion of the light bulb provision, which prevents the Obama administration from carrying through a 2007 law that would have set energy efficiency standards that effectively made the traditional light bulb obsolete.

H/T to Virginia Postrel for the link.

Why is everyone upset about SOPA but not about all the other power grabs by the government?

Filed under: Government, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 10:24

ESR wonders why SOPA seems to finally have woken up many people about their rapidly eroding liberties, but not all the other things the federal government has done:

A government that is big enough to give you everything you want is big enough to take everything away from you — including your Internet freedom.

That’s the thought that keeps running through my head as I contemplate the full-scale panic going on right now about SOPA, the “Stop Internet Piracy Act”.

It’s a bad bill, all right. It’s a terrible bill — awful from start to finish, idiotic to the core, corruptly pandering to a powerful special-interest group at the cost of everyone else’s liberty.

But I can’t help noticing that a lot of the righteous panic about it is being ginned up by people who were cheerfully on board for the last seventeen or so government power grabs — cap and trade, campaign finance “reform”, the incandescent lightbulb ban, Obamacare, you name it — and I have to wonder…

Don’t these people ever learn? Anything? Do they even listen to themselves?

December 15, 2011

Grim, crime-wracked, post-apocalyptic Toronto ranks … 52nd most dangerous in Canada

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 09:29

Everyone in Canada knows that Toronto is a cess-pit of crime where the oppressed citizenry huddle in fear, while idyllic Victoria is a benign, peaceful enclave of happiness. But what we know just ain’t so:

Toronto ranks 52nd among cities and towns in the country for the label “most dangerous” according to Maclean’s. Victoria, BC? Far from being a peaceful place, ranks second in the country after Prince George, BC. In fact, BC has four of the top ten dangerous cities, while Ontario’s most dangerous place, Belleville, clocks in at number 11.

December 14, 2011

Reason.TV: Weed wars

Filed under: Government, Health, Law, Liberty, USA — Tags: , , , , — Nicholas @ 17:05

December 6, 2011

Guardian study finds that August rioters were motivated by Guardian editorials

Filed under: Britain, Economics, Government, Law, Media — Tags: , , , — Nicholas @ 09:16

Brendan O’Neill on the recent study, carried out by the London School of Economics and the Guardian:

Well, that’s convenient, isn’t it? A four-month Guardian/London School of Economics study into the riots that rocked English cities in August has found that the rioters were pretty much Guardian editorials made flesh. Concerned about government cuts, annoyed by unfair policing, shocked by social inequality and outraged by the MPs’ expenses scandal, it seems the young men and women who looted shops and burnt down bus stops weren’t Thatcher’s children after all — they were Rusbridger’s children, the moral offspring of those moral guardians of chattering-class liberalism.

This is a blatant case of advocacy research, of researchers finding what they wanted to find, or at least desperately hoped to find. For months now, the Guardian has been publishing articles arguing that the rioters were politically motivated, under headlines such as ‘These riots were political’ and with claims such as ‘the looting was highly political’ and the riots were a protest against ‘brutal cuts and enforced austerity measures’. And now, lo and behold, a Guardian study, Reading the Riots, has discovered that the rioters were indeed ‘rebels with a cause’, with 86 per cent of the 270 rioters interviewed claiming the violence was caused by poverty, 85 per cent arguing that policing was the big issue, and 80 per cent saying they were riled by government policies. Reading this study, we are left to marvel either at the extraordinary perspicacity of Guardian writers, or at their ability to carry out research in such a way that it confirms their own political preconceptions.

This study looks less like a cool-headed, neutral piece of sociology, and more like a semi-conscious piece of political ventriloquism, where rioters have been coaxed to mouth the political beliefs of the middle-class commentariat. This is not to say the Guardian and LSE researchers have been purposely deceitful, inventing evidence to suit a political thesis. Advocacy research is more subtle and less conscious than that. It involves a kind of inexorable pursuit of facts that fit and evidence that helps bolster a pre-existing conviction. So mental-health charities keen to garner greater press coverage always find high levels of mental illness, children’s charities that want to raise awareness about child abuse always find rising levels of child neglect, and now Guardian researchers who want to show that they’re right to fret about Lib-Con policies and outdated policing have found that these are burning issues amongst volatile English yoof, too.

December 4, 2011

The Economist looks at Seasteading

Filed under: Law, Liberty, Politics, Technology — Tags: , , , — Nicholas @ 10:48

And it manages to avoid the mocking tone that’s common to most articles on this topic:

THE Pilgrims who set out from England on the Mayflower to escape an intolerant, over-mighty government and build a new society were lucky to find plenty of land in the New World on which to build it. Some modern libertarians, such as Peter Thiel, one of the founders of PayPal, dream of setting sail once more to found colonies of like-minded souls. By now, however, all the land on Earth has been claimed by the governments they seek to escape. So, they conclude, they must build new cities on the high seas, known as seasteads.

It is not a completely crazy idea: large maritime structures that resemble seasteads already exist, after all. Giant cruise liners host thousands of guests on lengthy voyages in luxurious surroundings. Offshore oil platforms provide floating accommodation for hundreds of workers amid harsh weather and high waves. Then there is the Principality of Sealand, a concrete sea fort constructed off Britain’s coast during the second world war. It is now occupied by a family who have fought various lawsuits to try to get it recognised as a sovereign state.

Each of these examples, however, falls some way short of the permanent, self-governing and radically innovative ocean-based colonies imagined by the seasteaders. To realise their dream they must overcome some tricky technical, legal and cultural problems. They must work out how to build seasteads in the first place; find a way to escape the legal shackles of sovereign states; and give people sufficient reason to move in. With financing from Mr Thiel and others, a think-tank called the Seasteading Institute (TSI) has been sponsoring studies on possible plans for ocean-based structures and on the legal and financial questions they raise. And although true seasteads may still be a distant dream, the seasteading movement is producing some novel ideas for ocean-based businesses that could act as stepping stones towards their ultimate goal.

Lowering allowable blood alcohol limits will not make our roads safer

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 10:38

Jesse Kline on the sounds-good-to-nanny-state-fans legal situation on Ontario roads:

My colleague Matt Gurney argues that creating a legal grey area between federal and provincial laws relating to drunk driving helps no one, and it’s better to have a lower overall limit than two conflicting ones. But lowering the legal limit to .05 is only going to distract police from going after the people who are actually making our roads less safe: dangerous drivers. By lowering the legal limit, we end up punishing motorists who are not driving dangerously, while diverting resources away from catching those who are.

The U.S. embarked on a similar push to reduce the legal limit from .10 to .08 in the 1990s and the results were less than stellar. A 1995 study conducted by the National Highway Traffic Safety Administration found 21 of the 30 states that had adopted the new rule experienced no improvement, or had less safe roads than the rest of the country.

In 2000, the federal government mandated that all states adopt the new standard. In the four years following this change, alcohol-related fatalities actually increased. Part of the reason was that drivers with a blood alcohol content (BAC) between .08 and .10 are generally not the ones swerving all over the road, so police set up checkpoints in order to catch them. This took officers off patrol.

According to Transport Canada’s own data, a person over 19 years of age with a BAC of .015 is statistically just as likely to get into an accident as someone with a blood alcohol level of .099. A majority (80%) of all alcohol-related crashes causing death are caused by drivers with a BAC over .08, while only 5% involve drivers in the grey area between .05 and .08.

December 2, 2011

European anti-piracy campaign didn’t get permission to use music

Filed under: Europe, Law, Media, Technology — Tags: , , , , — Nicholas @ 10:01

In a lovely turn-about, they’re being sued by the composer whose music was, um, pirated:

Anti-piracy group BREIN is caught up in a huge copyright scandal in the Netherlands. A musician who composed a track for use at a local film festival later found it being used without permission in an anti-piracy campaign. He is now claiming at least a million euros for the unauthorized distribution of his work on DVDs. To make matters even worse, a board member of a royalty collection agency offered to to help the composer to recoup the money, but only if he received 33% of the loot.

A story currently unfolding in the Netherlands painfully exposes the double standards and corruption that can be found in some parts of the copyright industry.

It all started back in 2006, when the Hollywood-funded anti-piracy group BREIN reportedly asked musician Melchior Rietveldt to compose music for an anti-piracy video. The video in question was to be shown at a local film festival, and under these strict conditions the composer accepted the job.

However, according to a report from Pownews the anti-piracy ad was recycled for various other purposes without the composer’s permission. When Rietveldt bought a Harry Potter DVD early 2007, he noticed that the campaign video with his music was on it. And this was no isolated incident.

The composer now claims that his work has been used on tens of millions of Dutch DVDs, without him receiving any compensation for it. According to Rietveldt’s financial advisor, the total sum in missed revenue amounts to at least a million euros ($1,300,000).

H/T to occultado for the link.

December 1, 2011

iPhone may not be quite as badly exposed by rootkit as Android devices

Filed under: Law, Liberty, Technology — Tags: , , , — Nicholas @ 09:05

Get your tinfoil hats out, boys, your smartphone may be logging your every move:

Blogger and iPhone hacker Chpwn believes that the controversial Carrier IQ software isn’t confined to Android devices.

In this blog post, he says a look at the /usr/bin folder reveals Carrier IQ’s agent software, identified as IQAgent in iOS 3, and either awd_ice2 or awd_ice3 on iOS 4 or iOS 5 devices.

At this point, Chpwn believes the daemon does not have access to the UI layer, which means it may not be able to capture the kind of data exposed in Android devices.

While Chpwn states that he is not certain the software is launched except when the phone is in diagnostic mode, the discovery is certain to add further momentum to the fury mounting at Carrier IQ’s surreptitious installation on consumer devices.

Update: Lifehacker offers the instructions on turning off the Carrier IQ component on your iPhone:

Hacker Chpwn discovered Carrier IQ after this week’s uproar, and while we still aren’t positive what it can track and send, he’s fairly certain it doesn’t include a keylogger like the Android version. So far it can log your phone number, your carrier, your active phone calls, and your location, though it’s unclear as to what it’s actually sending back to Apple. Luckily, there’s an easy way to turn it off. Just head to Settings > General > About > Diagnostics and Usage, and tap “Don’t Send”. That’s it! We’ve also updated our original post on Carrier IQ to include this new information.

Update, the second: Daniel Bader posts that two of the major Canadian mobile operators stated that Carrier IQ is not on the devices they sell:

Rogers has done an investigation and has confirmed that Carrier IQ is not present on any of its devices. On Twitter they stated that “Hi all. I’m happy to confirm that we have investigated and Carrier IQ is NOT on any of our devices”. TELUS also confirmed that they have not installed Carrier IQ on any of their devices. We are waiting to hear back from Bell.

« Newer Posts — Older Posts »

Powered by WordPress