Quotulatiousness

September 7, 2011

A bit more on the Lacey Act

Filed under: Bureaucracy, Environment, India, Law, USA, Woodworking — Tags: , , — Nicholas @ 08:53

The Economist has a brief mention of the Gibson raid:

Agents barged in and shut down production. They were hunting for ebony and rosewood which the Fish and Wildlife Service (FWS) alleges was imported from India in violation of the Lacey Act, a 1900 law originally designed to protect fauna from poachers. This law has metastasised: it now requires Americans, in essence, to abide by every plant and wildlife regulation set by any country on Earth. Not having heard of an obscure foreign rule is no defence. Violators face fines or even jail. FWS claims the ebony sent from India was mislabelled, and that Indian law forbids the export of unfinished ebony and rosewood.

[. . .]

Guitarists now worry that every time they cross a state border with their instrument, they will have to carry sheaves of documents proving that every part of it was legally sourced. Edward Grace, the deputy chief of the FWS’s office of law enforcement, says this fear is misplaced: “As a matter of longstanding practice,” he says, “investigators focus not on unknowing end consumers but on knowing actors transacting in larger volumes of product.” But Americans have been jailed for such things as importing lobsters in plastic bags rather than cardboard boxes, in violation of a Honduran rule that Honduras no longer enforces. Small wonder pluckers are nervous.

Original report on the Gibson guitar raid here. Rules like the Lacey Act are tailor-made for petty bureaucrats to exercise immense amounts of judicially unsupervised power. It’s hard to believe that this kind of rule is being enforced evenhandedly, and rather easier to believe that it is being used selectively as a way of paying off scores, providing a “service” to certain firms at the expense of others, and creating lots of opportunities for bribes, “protection money”, and the like.

September 3, 2011

QotD: The American judicial system

Filed under: Law, Liberty, Media, Quotations — Tags: , , , — Nicholas @ 11:26

Whatever one thinks about Conrad Black’s guilt or innocence, there is no doubt that he has proven his claim that America’s legal deck is stacked in prosecutors’ favour: Even before his conviction, he had to endure a genuinely Kafkaesque ordeal of assets being frozen and seized by the FBI, email and phone lines hacked, backroom deals with sleazy witnesses (David Radler, please call your office), and outrageous leveraging of blunderbuss statutes to generate dozens of charges on the basis of tangential procedural indiscretions. The very institution meant to protect innocent people from this machinery of state — the private legal sector — is an old-boys’ club whose members often seem just as concerned with seven-figure paydays as with keeping clients out of jail. The fact that Mr. Black happens to be a famous person makes the claims more credible because, as the author writes, if all this could happen to Conrad Black, it “could happen to anyone, and often does.”

Jonathan Kay, “Conrad Black and his new book: A man in full pay-back mode”, National Post, 2011-09-03

Do celebrities get better treatment from the police?

Filed under: Football, Law, USA — Tags: , , , — Nicholas @ 10:37

It was interesting to read in this story about the wife of former Viking tight end Joe Senser, that the police waited for a warrant before searching the vehicle, even though the family had given permission:

Phanthavong, 38, was killed as he was putting gas in his car after it ran out of fuel on the ramp leading from westbound Interstate 94 to Riverside Avenue about 11 p.m. He was head cook at True Thai, a restaurant on nearby Franklin Avenue.

He was hit directly by Senser’s vehicle and propelled into the air, Schwebel said. Blood was found on the parts of the Mercedes left at the scene, according to a search warrant.

Investigators received a call at 10:30 p.m. on Aug. 24 from Nelson indicating he was calling on behalf of the registered owner of the suspected vehicle and the owner’s family.

At their Edina home, the Sensers gave investigators the keys to their 2009 Mercedes ML350 and it was towed to the Hennepin County Sheriff’s Office crime lab.

The family gave investigators permission to search the vehicle, but authorities waited until they obtained a search warrant, Nelson said.

August 31, 2011

Some good advice to young law enforcement employees

Filed under: Government, Humour, Law — Tags: , — Nicholas @ 16:09

Ken at Popehat used to be a 26-year-old federal prosecutor. He learned a few things on the job:

But even at 26 I had a certain rudimentary old-mannish quality, and it occurred to me to ask — does that sound too good? So during lunch I wandered into the office of the U.S. Attorney — who had been my supervisor in rookie row not long before — to talk about it.

He listened sympathetically. Then he told me. “Ken,” he told me, “if your reaction to a proposal is “HOLY SHIT, THAT SOUNDS LIKE FUN,” then as a government lawyer and member of law enforcement, you almost certainly shouldn’t be doing it.”

It was a hard rule, but one that served me well for the rest of my government career. It helped me avoid some foolish cinematic flourishes, some bad but tempting decisions, and some social events. (Take, for instance, the local ATF’s notorious big-guns-and-barbecue-in-the-desert gatherings. Holy shit, that sounds like fun, doesn’t it? Yeah. Never attend a desert barbecue-and-gun-extravaganza by a federal agency that vacillates between “WHOOOOOOOOOOOOOO FUCK YEAH” and “Hey guys, watch this!” as a motto.)

Regrettably, many in law enforcement do not follow this simple rule. So some cops can be induced to do extremely foolish things — things that will shatter the constitutional rights of citizens, things that will expose them to vast liability, things that will threaten innocents with death — while under the influence of toys, cameras, celebrities, and tactical plans that wouldn’t make the table read in an A-Team sequel.

August 27, 2011

US government moves swiftly to crush guitar industry

Filed under: Bureaucracy, Government, Law, USA — Tags: , , , — Nicholas @ 09:46

The US federal government, not satisfied with the state of the economy, is now targeting smaller industries for regulatory SWAT raids and asset confiscation:

The Justice Department raided the Memphis and Nashville offices of a guitar manufacturing company this week, seizing several pallets of wood, electronic files and guitars as part of a crackdown on illegally harvested hardwoods from protected forests, The Wall Street Journal reported.

But Henry Juszkiewicz, the chairman and chief executive of Gibson Guitar, defended his company’s manufacturing policies and accused the Justice Department of overreaching.

“The wood the government seized Wednesday is from a Forest Stewardship Council certified supplier,” he said in a statement to the newspaper, suggesting the Feds are using the aggressive enforcement of overly broad laws to snare the company.

The Justice Department refused to speak to the newspaper.

The raid prompted Iowahawk to connect the dots between this raid and the “Fast and Furious” operation:

Today’s uncovering of secret multi-agency program for shipping illegal Gibson guitars to Mexican drug cartels left red-faced officials of the U.S. Department of Justice scrambling for an explanation amid angry calls for a Congressional investigation.

“I have ordered all agency personnel to fully cooperate in any Congressional inquiries, including all reasonable document request, as soon as we can redact them with Sharpie pens and lighter fluid,” said U.S. Attorney General Eric Holder.

The secret program came to light early this morning in the border town of Nogales, Arizona, after what was described as a wild battle of the bands between members of the Sinaloa cartel and Los Zetas, two of Mexico’s most notorious violent drug gangs.

“Usually these guys are armed with Mexican Strats and Squires, Epiphones, small caliber stuff like that,” said Pedro Ochoa, 36, an eye witness to the sonic melee. “This time they were packing the heavy firepower.”

The steady barrage of power chords and piercing solo attacks attracted the attention of nearby U.S. Border Patrol agents, who arrived at the scene just as Los Zetas broke into Led Zeppelin’s ‘Immigrant Song.’ By the time the dust had cleared, U.S. Border Patrol Agent Oscar Jimenez was found in a catatonic state of headbanging. He was later flown to University of Arizona Hospitals, where his condition is listed as seriously rawked.

Jon, my former virtual landlord, sent me a link to the press release from Gibson and a link to this Wall Street Journal article with more information.

John Thomas, a law professor at Quinnipiac University and a blues and ragtime guitarist, says “there’s a lot of anxiety, and it’s well justified.” Once upon a time, he would have taken one of his vintage guitars on his travels. Now, “I don’t go out of the country with a wooden guitar.”

The tangled intersection of international laws is enforced through a thicket of paperwork. Recent revisions to 1900’s Lacey Act require that anyone crossing the U.S. border declare every bit of flora or fauna being brought into the country. One is under “strict liability” to fill out the paperwork — and without any mistakes.

It’s not enough to know that the body of your old guitar is made of spruce and maple: What’s the bridge made of? If it’s ebony, do you have the paperwork to show when and where that wood was harvested and when and where it was made into a bridge? Is the nut holding the strings at the guitar’s headstock bone, or could it be ivory? “Even if you have no knowledge — despite Herculean efforts to obtain it — that some piece of your guitar, no matter how small, was obtained illegally, you lose your guitar forever,” Prof. Thomas has written. “Oh, and you’ll be fined $250 for that false (or missing) information in your Lacey Act Import Declaration.”

August 25, 2011

Niagara winemaker being punished for “stepping out of line”

Filed under: Bureaucracy, Cancon, Government, Law, Wine — Tags: , , , , — Nicholas @ 09:18

Michael Pinkus who rarely lets an opportunity pass to let us know how he dislikes the LCBO (or as he sometimes calls it, the KGBO), reports on the troubles of Daniel Lenko, who appears to have provoked retaliation from the board for his criticisms:

An “order to comply” certificate was slapped on Lenko’s winery door. The order, from the Region of Niagara dated July 18, 2011, listed two areas of concern an official found after inspecting Lenko’s property on June 29, 2011. First, “Lenko must cease and desist from discharging winery production waste” (Lenko says this waste is 99% water and 1% wine) into an unapproved septic tank and then discharging that onto the ground surface. Second, Lenko is ordered to apply to the Region for a permit to construct a sewage system and, upon application, submit a detailed design plan from a qualified engineer or sewage systems designer and, upon approval, proceed to install the new system by Sept. 14, 2011. Costs for this work could get into the $50,000+ mark.

[. . .]

Then it hit me. I saw Danny’s face peering back at me from between two barrels in a May 6, 2011 article in the Toronto Star entitled “Grape Expectations frustrated by LCBO”. In the article Danny, who has never been shy about his dislike for our monopoly system and those who run it, said: “In the real world, there’d be an alternative, some place else to sell our wines, but the LCBO’s the only game in town … They say they’re the best at what they do, but how can you say that when they have no competition? What’s wrong with having a VQA store?” Another prominent quote in the article is not attributed to anyone, but with Danny’s face front and centre at the top it is easy for any reader to make an inference (rightly or wrongly): “Would I like to get more of my product on the shelves? Sure. But why would I provoke an 800-pound gorilla? There’s just no way to win that battle.”

[. . .]

The aforementioned picture at the top of the article had a caption that read: “Daniel Lenko started his winery in 1999 using the grapes from the vines that his father planted in Beamsville in the Niagara Wine Region, in 1959. Lenko sells his wines from the kitchen of a small house on the vineyard which he also uses as a wine testing lab and an office.” Now what do you think it take for the LCBO to get on the horn with the AGCO (Alcohol Gaming Commision Ontario — who “oversee” the wineries) or even a local official and say to them: “maybe you’ll want to look into this Lenko guy a little harder” he is after all selling wine from his kitchen and a kitchen might not be considered a suitable place to be selling alcohol from. I think someone is making an example of Danny.

Review of Australian defence establishment extended

Filed under: Australia, Law, Military — Tags: , , — Nicholas @ 08:56

They’ve apparently been overwhelmed by complaints, so the original term is being extended:

A review into sexual abuse in the Australian military has received such a high volume of complaints that it is being extended, Defence Minister Stephen Smith says.

The government asked a law firm to begin a review following a sex scandal at an Australian defence academy.

Mr Smith said investigators were dealing with more than 1,000 allegations of abuse.

The review will now report back on 30 September, one month behind schedule.

Investigations began after two cadets from the Australian Defence Force Academy were accused of secretly filming a female cadet having sex and broadcasting it on the internet.

They have now been charged in connection with the incident, which raised questions about the treatment of women within the Australian defence establishment.

August 24, 2011

The origins of the “perp walk”

Filed under: Law, Media, USA — Tags: , , , , — Nicholas @ 12:03

Tim Black outlines the Dominique Strauss-Kahn media drama, and explains the origin of the “perp walk”:

The whole tawdry affair looks to be petering out to a rather murky conclusion. Still, whatever else DSK might or might not have done, he has undoubtedly performed one vital function. That of the scapegoat. Historically, scapegoating referred to the ritual of investing an animal, a goat say, with the sins of the village, and then casting the burdened animal out. DSK, so-called, seems to have served a similar function. Strauss-Kahn was to be symbolically sent out of the community, taking the sins of men, especially French political ones, with him.

Nowhere was this strangely modern ritual more apparent than in the so-called perp walk. Introduced by FBI director Edgar Hoover in the 1920s to bolster public support for prosecutions, and used most famously with mobsters Alvin Karpis and Harry Campbell, it involves tipping off the press that the accused is about to be moved from one location to another. So as the ‘perp’ is walking between, for example, the jail and the police station, photographers appear to snap the accused in all their humiliation and shame. Yet although the perp walk has a long, ignoble, not to mention justice-thwarting history, it only really came into its own under then US attorney Rudolph Giuliani (a future mayor of New York) who, during the 1980s Wall Street-insider trading scandals, transformed it into a deliberately unceremonious ceremony. For example, in February 1987, handcuffed trader Richard Wigton was photographed weeping as he was marched from the trading floor of Kidder, Peabody & Co.

The purpose of the perp walk is worryingly clear. From the handcuffs to the embarrassment induced in the accused, we are encouraged to see the guilt before it has been proved. It is a spectacle designed to elicit condemnation — regardless of whether that condemnation is deserved or not. Strauss-Kahn’s perp walk was no exception. Snapped in all his handcuffed, unshaven and fallen-faced infamy as he was taken to a police station to be charged, the watching world was invited to see him as guilty, his sullen shame writ large in every defensive stride.

August 22, 2011

“They’re creating crimes to solve crimes so they can claim a victory in the war on terror”

Filed under: Law, USA — Tags: , , — Nicholas @ 16:51

The folks at Mother Jones have been conducting some investigative journalism on the FBI’s unique way of fighting terrorists:

Over the past year, Mother Jones and the Investigative Reporting Program at the University of California-Berkeley have examined prosecutions of 508 defendants in terrorism-related cases, as defined by the Department of Justice. Our investigation found:

  • Nearly half the prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violations. (For more on the details of those 508 cases, see our charts page and searchable database.)
  • Sting operations resulted in prosecutions against 158 defendants. Of that total, 49 defendants participated in plots led by an agent provocateur — an FBI operative instigating terrorist action.
  • With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings. (The exceptions are Najibullah Zazi, who came close to bombing the New York City subway system in September 2009; Hesham Mohamed Hadayet, an Egyptian who opened fire on the El-Al ticket counter at the Los Angeles airport; and failed Times Square bomber Faisal Shahzad.)
  • In many sting cases, key encounters between the informant and the target were not recorded — making it hard for defendants claiming entrapment to prove their case.
  • Terrorism-related charges are so difficult to beat in court, even when the evidence is thin, that defendants often don’t risk a trial.

“The problem with the cases we’re talking about is that defendants would not have done anything if not kicked in the ass by government agents,” says Martin Stolar, a lawyer who represented a man caught in a 2004 sting involving New York’s Herald Square subway station. “They’re creating crimes to solve crimes so they can claim a victory in the war on terror.” In the FBI’s defense, supporters argue that the bureau will only pursue a case when the target clearly is willing to participate in violent action. “If you’re doing a sting right, you’re offering the target multiple chances to back out,” says Peter Ahearn, a retired FBI special agent who directed the Western New York Joint Terrorism Task Force and oversaw the investigation of the Lackawanna Six, an alleged terror cell near Buffalo, New York. “Real people don’t say, ‘Yeah, let’s go bomb that place.’ Real people call the cops.”

August 19, 2011

Cage match: Jason Kenney against Amnesty International

Filed under: Cancon, Government, Law, Liberty — Tags: , , , , — Nicholas @ 09:16

Paul Wells on the ongoing war of words between Canada’s immigration minister and the earnest folks at Amnesty International:

Some stories are so odd nobody knows how to handle them. I don’t know how else to explain why Immigration Minister Jason Kenney’s extraordinary public feud with Amnesty International has attracted so little coverage.

Here’s a senior Conservative minister departing from the Conservatives’ normal bland talking points and unleashing a written broadside against a critic. And Kenney’s sparring partner wasn’t a predictable target. It was the Canadian branch of Amnesty, one of the most revered human rights organizations in the world. But that didn’t stop the minister from calling Amnesty’s concerns “poppycock,” “sloppy and irresponsible” and “self-congratulatory moral preening.”

Here’s what the fuss was about: last month, Kenney and Public Safety Minister Vic Toews released the names and photos of 30 fugitives who’d evaded immigration authorities since being found inadmissible because they’re believed to be complicit in genocide, crimes against humanity or war crimes. In short, the ministers were asking the public to help track down fleeing war crimes suspects. The public has stepped up: since the ministers’ announcements, six of the 30 men have been apprehended and three of those six deported.

August 18, 2011

Hypocrite Tim “former stoner” Hudak wants other stoners punished

Filed under: Cancon, Law — Tags: , , , , , — Nicholas @ 16:30

Tim Hudak is absolutely determined to leave no space between his position and that of incumbent Ontario premier Dalton McGuinty. They’re both admitted former drug users who think (because they got away with it and weren’t caught) that there’s no need to decriminalize or legalize marijuana:

“I was a normal kid, I had a normal upbringing, a normal life in university so I experimented from time to time with marijuana,” Hudak told reporters. When asked when he last smoked, Hudak replied: “Quite some time ago.”

Hudak also said he does not support the decriminalization of possession of small amounts of marijuana.

Ontario Premier Dalton McGuinty has also said he has tried marijuana in the past.

Omnibus bills: Canada’s equivalent to “riders” on US legislation

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 12:09

An omnibus bill is a collection of several individual bills that may or may not have been able to pass muster individually. It’s (from the government’s point of view) a great way to get a lot of legislative changes through parliament in relatively short order, but it encourages legislators to include their pet projects and special causes because of the decreased opportunity for opposition. The Conservative government’s proposed omnibus crime bill is a good example of this, as it is likely to incorporate warrantless data searches for police:

When Canada’s Conservatives took the most votes in the May 2011 federal election, Prime Minister Stephen Harper said that an “omnibus” security/crime bill would be introduced within 100 days. The bill would wrap up a whole host of ideas that were previously introduced as separate bills — and make individual ideas much more difficult to debate. A key part of the omnibus bill will apparently be “lawful access” rules giving police greater access to ISP and geolocation data — often without a warrant — and privacy advocates and liberals are up in arms.

Writing yesterday in The Globe & Mail, columnist Lawrence Martin said that the bill “will compel Internet service providers to disclose customer information to authorities without a court order. In other words — blunter words — law enforcement agencies will have a freer hand in spying on the private lives of Canadians.”

He quotes former Conservative public safety minister Stockwell Day, now retired, as swearing off warrantless access. “We are not in any way, shape or form wanting extra powers for police to pursue [information online] without warrants,” Day said—but there’s a new Conservative sheriff in town, and he wants his “lawful access.”

How bad were the last set of “lawful access” proposals? This bad:

Even the government’s own Privacy Commissioner is upset about the lawful access idea. On March 9, Privacy Commissioner Jennifer Stoddart sent a letter to Public Safety Canada in which she and other provincial privacy officials said the bill would “give authorities access to a wide scope of personal information without a warrant; for example, unlisted numbers, e-mail account data and IP addresses. The Government itself took the view that this information was sensitive enough to make trafficking in such ‘identity information’ a Criminal Code offence. Many Canadians consider this information sensitive and worthy of protection, which does not fit with the proposed self-authorized access model.”

“In our view, law enforcement and security agency access to information linking subscribers to devices and devices to subscribers should generally be subject to prior judicial scrutiny accompanied by the appropriate checks and balances.”

H/T to Brian Switzer for the link.

The comfortable myth that the London rioters were “incited” by Facebook and Twitter

Filed under: Britain, Law, Technology — Tags: , , , , , — Nicholas @ 09:41

Brendan O’Neill points out the absurdity of the notion that the rioters in London and other English cities were organized and co-ordinated by use of social media like Facebook and Twitter:

The nonsense notion that the riot was orchestrated by thugs on social media is exposed in the fact that Twitter and Facebook and BlackBerry Messenger were stuffed with rumour and misinformation during the nights of rioting, rather than with clear instructions for where and how to cause mayhem. The use of social media was secondary to the violence itself, which sprung from the fact that urban youth now seem to have so little moral or emotional attachment to the communities they live in that they are willing to smash them up, and the fact that the police, the so-called guardians of public safety, had no clue how to respond and therefore stood back and let it happen. Incapable even of acknowledging, far less discussing, this combination of urban social malaise and crisis of state authority which inflamed the riots and allowed them to spread, our rulers prefer instead to fantasise that England was simply rocked by opportunists who love a bit of violence. And to fantasise that taking away their BlackBerries or restricting what they can say on Facebook — that is, curtailing youths’ freedom of speech — will make everything okay again.

August 16, 2011

Influence of the education system on the London riots

Filed under: Britain, Education, Law — Tags: , , — Nicholas @ 07:44

Neil Davenport wonders how changes to the English education system may have influenced the rioters’ attitudes:

Some young people, asked by journalists why they rioted, blamed their violence on the scrapping of the educational maintenance allowance (EMA), the hike in university tuition fees or rising youth unemployment. These apparently radical platitudes sound obviously rehearsed, designed to please liberal journalists. [. . .]

No doubt there was a hardcore of repeat delinquents smashing in windows. But many more of the rioters seemed like the normal, and likeable, teenagers that I have taught in schools in London over the past decade. In the capital, some 91 per cent of the riotous offenders were under 25, many of them aged between 16 and 18. As one commentator quickly observed, this means they were all educated under the New Labour government (1997 to 2010). It makes you wonder what they learnt at their New Labour-era hi-tech schools. Perhaps the real lesson they learnt is that nothing should be allowed to dent their self-esteem, and nobody should ever be allowed to ‘victimise’ or ‘bully’ them or prevent them from doing what they like.

In recent years, young people have internalised a corrosive sense of entitlement, where they really do believe that the world owes me, me, me a living. Since this retrograde outlook is far more institutionalised in London’s education system than elsewhere in Britain, it is not that surprising that a hardcore of rioting took place in the capital rather than in, say, Scottish cities. Their education system is largely separate from England’s.

‘New Labour kids’ have been more flattered, mollycoddled and freed of responsibilities than any generation before them. These days, as young people progress through the education system, they learn that there is a whole raft of medical reasons why they can’t write neatly or behave properly in class. They also know that if their exam grades are slightly disappointing, they can always blame the teachers. And New Labour’s social-inclusion charter also means that schools cannot automatically throw kids out, even in the sixth form, for not working hard enough or for their poor behaviour. Local education authorities can fight to ensure that a suspended child is reinstated and then attack the school for failing to provide ‘adequate support’ to address the pupil’s ‘psychological issues’.

August 15, 2011

Google buys Motorola Mobile: it’s all about the patents

Filed under: Law, Technology — Tags: , , , — Nicholas @ 13:03

At least, so says Eric S. Raymond:

We’ll see a lot of silly talk about Google getting direct into the handset business while the dust settles, but make no mistake: this purchase is all about Motorola’s patent portfolio. This is Google telling Apple and Microsoft and Oracle “You want to play silly-buggers with junk patents? Bring it on; we’ll countersue you into oblivion.”

Yes, $12 billion is a lot to pay for that privilege. But, unlike the $4.5 billion an Apple/Microsoft-led consortium payed for the Nortel patents not too long ago, that $12 billion buys a lot of other tangible assets that Google can sell off. It wouldn’t surprise me if Google’s expenditure on the deal actually nets out to less – and Motorola’s patents will be much heavier artillery than Nortel’s. Motorola, after all, was making smartphone precursors like the StarTac well before the Danger hiptop or the iPhone; it will have blocking patents.

I don’t think Google is going to get into the handset business in any serious way. It’s not a kind of business they know how to run, and why piss off all their partners in the Android army? Much more likely is that the hardware end of the company will be flogged to the Chinese or Germans and Google will absorb the software engineers. Likely Google’s partners have already been briefed in on this plan, which is why Google is publishing happy-face quotes about the deal from the CEOs of HTC, LG, and Sony Ericsson.

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