Quotulatiousness

June 28, 2011

The Daily Mail tries to drum up moral outrage (again)

Filed under: Britain, Law, Media — Tags: , , , — Nicholas @ 09:23

Patrick Hayes views with disdain the latest Freedom of Information trolling exercise performed by the Daily Mail in an attempt to spice up their “news” coverage:

Is Britain in the grip of a hidden crimewave? Are thousands of crimes being committed each year by feral youths, which the police know about but are powerless to prevent? Is Britain being stalked by troublemaking toddlers, committing vandalism with no comeuppance for their ‘crimes’ because of their tender age?

In a word, no. Though you’d never know that by reading yesterday’s hysterical news reports. ‘As many as 3,000 criminals, including rapists, robbers and burglars, escaped punishment last year because they were too young to be prosecuted’, declared the Daily Mail. The paper published the results of a pretty shameless trawling exercise, having placed Freedom of Information (FOI) requests to police forces around Britain about underage crime. It managed to dredge up various accounts of childish ‘criminal’ activity, including a ‘rape’ in Levenmouth committed by two eight-year-old boys, a ‘kidnapping’ in Rochdale also carried out by an eight-year-old, and a ‘spate of vandalism’ conducted by a three-year-old boy and four-year-old girl.

The Mail received responses to its FOI request from 30 out of 52 police forces, discovering that ‘1,605 crimes were blamed on someone aged under 10 in the last financial year’. Guestimating how many crimes might have been committed by kids in those parts of Britain policed by the 22 forces that did not respond to its requests, it came up with a total of 3,000 offences. And rather than caution its readers that these figures only cover accusations of a crime, rather than guilt having been proven, the Mail implies its findings could be the tip of the iceberg: ‘Many police forces do not even record crimes where they believe youngsters under 10 have been responsible.’

June 27, 2011

“A substantial expansion of the FBI’s power to monitor innocent Americans”

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:06

Julian Sanchez on the changes to the FBI’s domestic rulebook:

The change in the rules will remove a crucial deterrent for any of the 14,000 FBI employees who might be tempted to use their government access to all kinds of databases for improper personal ends, or to flout rules prohibiting religious, racial and political profiling. This is no hypothetical concern: Shortly after the new guidelines were announced, a former CIA official alleged that the Bush administration had asked the spy agency to dig up dirt on academic and blogger Juan Cole, whose fierce criticism of the war in Iraq earned the ire of the White House.

The new manual will also give agents who have opened assessments greater authority to employ physical surveillance teams. If the FBI thinks you might make a useful informant, agents will be free to dig through your garbage in hopes of finding embarrassing trash that might encourage you to cooperate. And they will be able to do this without first having to show any evidence that you are engaged in wrongdoing.

The FBI, predictably, is downplaying the changes in its rulebook, characterizing them as “clarifications” and “tweaks.” But all these tweaks add up to a substantial expansion of the FBI’s power to monitor innocent Americans — power Congress wisely curtailed in the 1970s in light of the bureau’s ugly history of spying on political dissidents. The law set broad limits on the most intrusive investigative techniques, such as wiretaps, but the details of who could be investigated and how were largely left to executive branch regulation. As statutory restraints on surveillance have been peeled back over the last decade, Americans have been asked to rely more than ever on those internal rules to check abuses.

June 26, 2011

Skype’s PR problem over their sneaky options plan

Filed under: Economics, Law, Technology — Tags: , , , , , — Nicholas @ 13:35

Over my career in the software industry, I’ve worked for several companies who provided a stock option plan as part of their employee compensation scheme. Exactly one of those companies’ programs ever provided me with any actual tangible benefit (the company was bought, and the options were bought back at market rate). It netted me a couple of thousand dollars. Options may have been a way to get rich in the early 1990s, but they’re pretty much a longshot lottery ticket now.

Skype has found a sneaky way of making that longshot chance even more unlikely to pay off:

Employees aren’t even able to keep the vested portion of their stock options. The vast majority of stock options granted to startups have a vesting period, typically four years, with chunks of those options becoming vested during that four year (or whatever) period. If options are vested you can exercise them, pay for the stock and own that stock. At least that’s the way things have been done over the decades.

Skype did things differently. With Skype stock options the company has the right to not only terminate unvested options, but also vested ones. And any vested options that you’ve exercised (meaning you paid cash for them) that were turned into actual shares could simply be bought back by the company at the price you paid, regardless of their current value.

Turning your potentially lucrative stock holdings (if the value was higher than your strike price) into a mandatory zero-interest savings account. Nice.

The fact that Skype adopted this plan in the first place isn’t in itself “evil.” But they’ve done two things wrong from what I can tell.

First it appears that employees had no idea what they were signing and they probably expected it would be a normal stock option type deal that everyone in Silicon Valley has done for decades. If Skype wasn’t crystal clear with them, and explained it in normal human language that they understood, then these employees were intentionally misled. Skype had an incentive to make things unclear, because employees would demand far more compensation if they had understood. The fact that employees are so surprised that this is happening suggests that they didn’t understand the agreement. This is what lawyers call fraud.

The second thing Skype did wrong was not to waive this clause with the looming acquisition. The company can deny all day long that they fired these employees for cause, not to save a few dollars on stock options. But the appearance is the exact opposite.

Product warnings

Filed under: Humour, Law, Technology — Tags: , , , , — Nicholas @ 11:46

Many weird and whacky warnings get attached to products as a result of product liability concerns, but some of them must be generated without legal prompting:

Warning #2: Booze Blues

Seen on a Terrestrial Digital outdoor antenna: “Do not attempt to install if drunk, pregnant, or both.”

Of course, if you’re drunk and pregnant, you probably have bigger problems.

Warning #3: Three-Dimensional Danger

Seen on a Samsung 3D TV disclaimer: “Pregnant women, the elderly, sufferers of serious medical conditions, those who are sleep deprived or under the influence of alcohol should avoid utilizing the unit’s 3D functionality.”

Man, those drunk moms-to-be just can’t catch a break!

Warning #4: Options, Options

Seen on a computer software package: “Optional modem required.”

The writer’s mandatory English language class, incidentally, was not completed.

June 25, 2011

Reason.TV reporter arrested for “disorderly conduct” and “trespassing”

Filed under: Government, Law, Liberty, Media — Tags: , , , — Nicholas @ 11:15

June 24, 2011

QotD: Defending the indefensible

Filed under: Books, Law, Liberty, Media, Quotations — Tags: — Nicholas @ 12:09

If you accept — and I do — that freedom of speech is important, then you are going to have to defend the indefensible. That means you are going to be defending the right of people to read, or to write, or to say, what you don’t say or like or want said.

The Law is a huge blunt weapon that does not and will not make distinctions between what you find acceptable and what you don’t. This is how the Law is made.

People making art find out where the limits of free expression are by going beyond them and getting into trouble.

Neil Gaiman, “Why defend freedom of icky speech?”, Neil Gaiman’s Journal, 2011-06-24

June 23, 2011

Shock, horror! Dutch court clears Geert Wilders of hate charges

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

Perhaps there is still a faint bit of hope for freedom of speech in Europe after all:

A Dutch court has acquitted rightwing politician Geert Wilders of hate charges, saying his anti-Islam statements, while offensive to many Muslims, fell within the bounds of legitimate political debate.

Judge Marcel van Oosten said Wilders’ claims that Islam is violent by nature, and his calls for a ban on Muslim immigration and the Qur’an, must be viewed in a wider context of debate over immigration policy.

The judge added that the remarks could not be directly linked to increased discrimination against Dutch Muslims.

Wilders unmoved as the verdict was read, but his supporters in the public gallery hugged one another and clapped after the acquittal.

Wilders, one of the most powerful and popular politicians in the Netherlands, was accused of inciting hatred and discrimination against Muslims through numerous public statements, and with insulting them by comparing Islam with Naziism.

“I’m incredibly happy with this acquittal on all counts,” Wilders said outside the courtroom. “It’s not only an acquittal for me, but a victory for freedom of expression in the Netherlands.

June 21, 2011

In unrelated news, Georgia now has farm issues

Filed under: Americas, Food, Law, USA — Tags: , , — Nicholas @ 10:14

After a passing a hugely successful bill to exclude illegal immigrants from the state, politicians are astounded to find that actions do have consequences:

After enacting House Bill 87, a law designed to drive illegal immigrants out of Georgia, state officials appear shocked to discover that HB 87 is, well, driving a lot of illegal immigrants out of Georgia.

It might be funny if it wasn’t so sad.

Thanks to the resulting labor shortage, Georgia farmers have been forced to leave millions of dollars’ worth of blueberries, onions, melons and other crops unharvested and rotting in the fields. It has also put state officials into something of a panic at the damage they’ve done to Georgia’s largest industry.

Barely a month ago, you might recall, Gov. Nathan Deal welcomed the TV cameras into his office as he proudly signed HB 87 into law. Two weeks later, with farmers howling, a scrambling Deal ordered a hasty investigation into the impact of the law he had just signed, as if all this had come as quite a surprise to him.

Driving out competing labour from illegal immigrants has created a lot of farm labour jobs for Georgia’s unemployed citizens, but for some unexpected reason, they’re not moving into those jobs:

According to the survey, more than 6,300 of the unclaimed jobs pay an hourly wage of just $7.25 to $8.99, or an average of roughly $8 an hour. Over a 40-hour work week in the South Georgia sun, that’s $320 a week, before taxes, although most workers probably put in considerably longer hours. Another 3,200 jobs pay $9 to $11 an hour. And while our agriculture commissioner has been quoted as saying Georgia farms provide “$12, $13, $14, $16, $18-an-hour jobs,” the survey reported just 169 openings out of more than 11,000 that pay $16 or more.

In addition, few of the jobs include benefits — only 7.7 percent offer health insurance, and barely a third are even covered by workers compensation. And the truth is that even if all 2,000 probationers in the region agreed to work at those rates and stuck it out — a highly unlikely event, to put it mildly — it wouldn’t fix the problem.

June 20, 2011

Radley Balko dispels a few myths about the justice system

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 12:50

In his new column at the Huffington Post, Radley Balko discusses some common myths in US criminal justice:

Myth 1: You Can’t Be Tried More Than Once For The Same Crime

The Fifth Amendment to the U.S. Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” This protection against “double jeopardy” is intended to prevent the government from retrying the same defendant over and over until prosecutors can get a conviction.

But there are some exceptions. First, the protection only comes into play once a jury has convicted or acquitted a defendant. So in trials that end with a hung jury or a mistrial, the prosecution can usually bring the same charges again. One particularly egregious example is Curtis Flowers of Mississippi, who has been tried an incredible six times for the murder of four people in 1996.

Second, the U.S. Supreme Court has ruled that the government can charge a defendant with both a crime and the conspiracy to commit that crime without violating the constitutional prohibition on double jeopardy. This gives the government two opportunities to convict for is essentially the same offense. Conspiracy is often easier to prove than the underlying crime. It also gives prosecutors a way to rope in alleged offenses they can no longer charge separately due to statutes of limitations.

Finally, there is the “separate sovereigns” exception to double jeopardy. This allows a defendant to be tried, convicted and sentenced for the same crime in both state and federal court. The most well-known example of the separate sovereigns exception is when the Los Angeles police officers who beat Rodney King were acquitted in state court, then convicted in federal court of violating King’s civil rights.

SpaceX and the rogue consultant

Filed under: Law, Space — Tags: , — Nicholas @ 08:48

SpaceX is going to court over a would-be consultant’s claims that their rockets are unsafe:

According to SpaceX’s filing with the Fairfax County circuit court in Virginia, Joseph Fragola, veep at tech consulting firm Valador, tried to obtain a hefty deal from SpaceX at the beginning of June:

     Fragola attempted to obtain a consulting contract from SpaceX worth as much as $1 million. He claimed that SpaceX needed an “independent” analysis of its rocket to bolster its reputation with NASA based on what he called an unfair “perception” about SpaceX. SpaceX did not respond favorably to Fragola’s offer.

The rocket company — which as everyone knows is helmed, CTO’d and in part bankrolled by famous nerdwealth kingpin Elon Musk — says it then found out that Fragola had subsequently done his level best to create such a perception:

     SpaceX subsequently leamed that Fragola has been contacting officials in the United States Government to make disparaging remarks about SpaceX, which have created the very “perception” that he claimed SpaceX needed his help to rectify.

     For instance, in an email he wrote on June 8, 2011, to Bryan O’Connor, a NASA official at NASA’s headquarters in Washington, DC, Fragola falsely stated: “I have just heard a rumor, and I am trying now to check its veracity, that the Falcon 9 experienced a double engine failure in the first stage and that the entire stage blew up just after the first stage separated. I also heard that this information was being held from NASA until SpaceX can ‘verify’ it.”

SpaceX for its part says that this rumour is “blatantly false… as a purported ‘expert’ in the industry, he should have known that the statements were false.”

June 18, 2011

When even the Guardian says it’s unconstitutional…

Filed under: Africa, Government, Law, Military, USA — Tags: , , , — Nicholas @ 09:20

…it’s very likely that it is unconstitutional:

On Wednesday, the White House provided Congress with a report on US operations in Libya. This report claims that the US military’s ongoing involvement in Libya does not amount to “hostilities” and, as such, does not require the approval of Congress. In this assertion, the Obama administration is engaging in legal spin of the worst kind.

While the president is the commander-in-chief of the US military, since the passage of the War Powers Resolution in 1973, Congress has required that the president seek congressional approval for combat operations continuing after a period of 60 days. This resolution expanded the implied authority of Congress that stems from the constitutional power of Congress to declare war. While the US supreme court has not visited the constitutionality of the War Powers Resolution, the resolution’s precedence has motivated all presidents since Nixon to seek approval (if sometimes indirectly) for relevant US military deployments abroad. This included President George W Bush with regard to both Iraq and Afghanistan.

In the case of Iraq, while a senator, Obama was inclined to a highly assertive consideration of the reach of congressional war authority. In this context, that the Obama administration is now arguing US military involvement in Libya does not require authorisation from Congress is patently absurd. In terms of both material support and strategy, the US is unquestionably engaged in hostilities against the Libyan regime.

Is it right to name and shame the Vancouver “fans”?

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , , — Nicholas @ 00:08

Ken at Popehat discusses the charges that outing the misbehaving fans on Facebook is somehow “vigilantism”:

Vigilantism: Exposing people to the social consequences of their misbehavior is not vigilantism. Subjecting them to physical danger is. That’s why decent people involved in this process don’t post home addresses or phone numbers, and delete them when they are posted.

Proportionality: The proportionality argument is at least somewhat misguided. First of all, bad behavior doesn’t go viral on the internet unless it’s really notable. Garden-variety assholes don’t get top Google ranking. You’ve got to be somewhat epic to draw this modern infamy — by, say, being a water polo star on a scholarship trying to torch a cop car because your hockey team lost. Second, lack of proportionality is self-correcting. If conduct is actually just not that bad, then future readers who Google a bad actor’s name will review the evidence and say “meh, that’s not so bad. Everyone acts up now and then.” Saying that bad behavior should not be easily accessible on the internet is an appeal for enforced ignorance, a request for a news blackout. It’s saying, in effect, I’m more wise and measured than all the future people who might read about this; they can’t be trusted to evaluate this person’s actions in the right light, like I can.

“They Just Made A Mistake”: The argument that bad actors shouldn’t become infamous because they “just made a mistake” is a riff on proportionality. The same criticisms apply: it takes a hell of a mistake to go viral, and future viewers can make up their own minds. Plus, this argument is often sheer bullshit. Trying to torch a cop car because your hockey team lost is not a mere faux pas; normal and decent people don’t do it.

Some new vehicles for Afghan patrols

Filed under: Government, Law, Weapons — Tags: , — Nicholas @ 00:06

Two competing designs:

Of course, they’re not really new vehicles for Afghanistan, but they may be used similarly.

June 13, 2011

Police SWAT teams under fewer restrictions than troops in Afghanistan

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

John W. Whitehead recounts the ongoing militarization of police and other non-military government agencies:

The militarization of American police — no doubt a blowback effect of the military empire — has become an unfortunate part of American life. In fact, it says something about our reliance on the military that federal agencies having nothing whatsoever to do with national defense now see the need for their own paramilitary units. Among those federal agencies laying claim to their own law enforcement divisions are the State Department, Department of Education, Department of Energy, U.S. Fish and Wildlife Service, and the National Park Service, to name just a few. These agencies have secured the services of fully armed agents — often in SWAT team attire — through a typical bureaucratic sleight-of-hand provision allowing for the creation of Offices of Inspectors General (OIG). Each OIG office is supposedly charged with not only auditing their particular agency’s actions but also uncovering possible misconduct, waste, fraud, theft, or certain types of criminal activity by individuals or groups related to the agency’s operation. At present, there are 73 such OIG offices in the federal government that, at times, perpetuate a police state aura about them.

[. . .]

How did we allow ourselves to travel so far down the road to a police state? While we are now grappling with a power-hungry police state at the federal level, the militarization of domestic American law enforcement is largely the result of the militarization of local police forces, which are increasingly militaristic in their uniforms, weaponry, language, training, and tactics and have come to rely on SWAT teams in matters that once could have been satisfactorily performed by traditional civilian officers. Even so, this transformation of law enforcement at the local level could not have been possible without substantial assistance from on high.

What’s worse than the vast increase in the use of heavily armed police SWAT teams for law enforcement is the casual way the teams are used:

Ironically, despite the fact that SWAT team members are subject to greater legal restraints than their counterparts in the military, they are often less well-trained in the use of force than are the special ops soldiers on which they model themselves. Indeed, SWAT teams frequently fail to conform to the basic precautions required in military raids. For instance, after reading about a drug raid in Missouri, an army officer currently serving in Afghanistan commented:

     My first thought on reading this story is this: Most American police SWAT teams probably have fewer restrictions on conducting forced entry raids than do US forces in Afghanistan. For our troops over here to conduct any kind of forced entry, day or night, they have to meet one of two conditions: have a bad guy (or guys) inside actively shooting at them; or obtain permission from a 2-star general, who must be convinced by available intelligence (evidence) that the person or persons they’re after is present at the location, and that it’s too dangerous to try less coercive methods.

Remember, SWAT teams originated as specialized units dedicated to defusing extremely sensitive, dangerous situations. As the role of paramilitary forces has expanded, however, to include involvement in nondescript police work targeting nonviolent suspects, the mere presence of SWAT units has actually injected a level of danger and violence into police-citizen interactions that was not present as long as these interactions were handled by traditional civilian officers.

June 11, 2011

They “buried the ban in the 300-plus pages of the 2007 energy bill, and very few talked about it in public”

Filed under: Economics, Government, Law, Technology — Tags: , , — Nicholas @ 11:28

Virginia Postrel talks about the looming ban-that-isn’t-a-ban on incandescent lightbulbs:

One serious technophile, University of Tennessee law professor Glenn Reynolds, spent much of 2007 flogging compact fluorescents on his popular Instapundit blog, eventually persuading more than 1,900 readers to swap 19,871 incandescent bulbs for CFLs. To this day, the Instapundit group is by far the largest participant at OneBillionBulbs.com, a bulb-switching campaign organized by the consulting firm Symmetric Technologies. But Reynolds himself has changed his mind.

“I’m deeply, deeply disappointed with CFL bulbs,” he wrote last month on his blog. “I replaced pretty much every regular bulb in the house with CFLs, but they’ve been failing at about the same rate as ordinary long-life bulbs, despite the promises of multiyear service. And I can’t tell any difference in my electric bill. Plus, the Insta-Wife hates the light.”

That was our experience with the early CFL bulbs, too: they didn’t come close to achieving the longevity we were supposedly paying all the extra money for. And, as I’ve posted before, they’re not as easy to clean up after breakage as the older bulbs.

So the activists offended by the public’s presumed wastefulness took a more direct approach. They joined forces with the big bulb producers, who had an interest in replacing low-margin commodities with high-margin specialty wares, and, with help from Congress and President George W. Bush, banned the bulbs people prefer.

It was an inside job. Neither ordinary consumers nor even organized interior designers had a say. Lawmakers buried the ban in the 300-plus pages of the 2007 energy bill, and very few talked about it in public. It was crony capitalism with a touch of green.

Crony capitalism is what the general public is coming to think is the only kind of capitalism, because they have seen so much of it during the last few presidencies. Your business can be plagued with petty regulators enforcing nitpicking rules, while Congress showers money and special privileges on big businesses and banks.

But, as she points out, it’s not technically a true ban:

Now, I realize that by complaining about the bulb ban — indeed, by calling it a ban — I am declaring myself an unsophisticated rube, the sort of person who supposedly takes marching orders from Rush Limbaugh. In a New York Times article last month, Penelope Green set people like me straight. The law, she patiently explained, “simply requires that companies make some of their incandescent bulbs work a bit better, meeting a series of rolling deadlines between 2012 and 2014.”

True, the law doesn’t affect all bulbs — just the vast majority. (It exempts certain special types, like the one in your refrigerator.) The domed halogen bulbs meet the new standards yet are technically incandescents; judging from my personal experiments, they produce light similar to that of old- fashioned bulbs. They do, however, cost twice as much as traditional bulbs and, if the packages are to be believed, don’t last as long.

I keep hoping that LED lights will be able to produce the kind of long-life that we used to be able to depend upon from incandescents, as CFLs and halogen bulbs have not come close to living up to the promises. However, LEDs have not yet managed that trick in commercial applications.

So, aside from allowing lobbyists to flex their muscles, what is the ban attempting to achieve? That’s not quite clear-cut:

Though anti-populist in the extreme, the bulb ban in fact evinces none of the polished wonkery you’d expect from sophisticated technocrats. For starters, it’s not clear what the point is. Why should the government try to make consumers use less electricity? There’s no foreign policy reason. Electricity comes mostly from coal, natural gas and nuclear plants, all domestic sources. So presumably the reason has something to do with air pollution or carbon-dioxide emissions.

But banning light bulbs is one of the least efficient ways imaginable to attack those problems. A lamp using power from a clean source is treated the same as a lamp using power from a dirty source. A ban gives electricity producers no incentive to reduce emissions.

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