Quotulatiousness

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.

June 10, 2011

Update on the “educational” SWAT team raid

Filed under: Education, Law, Liberty, USA — Tags: , — Nicholas @ 13:06

There’s been a bit of clarification from the authorities, although what they reveal isn’t pretty:

The Department of Education’s Office of Inspector General served a warrant on Stockton, California resident Kenneth Wright at six in the morning on Tuesday. Though the initial story gave the impression that the raid was focused on unpaid student loans, the department’s press secretary helpfully informed us this was not the case, and that the office conducts investigations of bribery, fraud, and embezzlement.

That’s little comfort. A review of the warrant reveals that the investigators were searching for financial records connected with suspected financial aid fraud, conspiracy, theft of government funds, false statements to the government, and wire fraud. Wright wasn’t the suspect — his estranged wife was and she wasn’t present for the raid — but for this list of white collar crimes the agents breached the front door, dragged Wright and his three children from the home, and kept them in a police cruiser for hours (the children for two, Wright for over six).

Kenneth Wright’s gut reaction, captured on video, largely mirrors mine. Ridiculous. Someone may have lied on student loan paperwork, so federal investigators converged to kick in a door and keep a family in the back of a cruiser for hours when they could have simply knocked and served the warrant.

Of course, the stated reason for the raid isn’t likely the real one:

This raid was a tactical dog and pony show to justify the existence of the OIG’s office, timely executed as Republicans are sharpening their fiscal knives. The same bureaucratic survival instinct motivated the ATF’s raid on the Branch Davidian compound in Waco, Texas. The ATF needed a high-profile bust to justify its existence in the face of perennial budgetary scrutiny, scrutiny that is deserved now more than ever as ATF officials knowingly let guns get shipped across the Mexican border to support the cartels. Two turned up at the scene of the shooting death of a Border Patrol agent and others shot a Mexican military helicopter and forced it to land.

Update: Some useful commentary at Popehat:

Anton Chekov (no, not the Star Trek guy) said of writing drama, “one must not put a loaded rifle on the stage if no one is thinking of firing it.”

Law enforcement training and procurement follows a similar ethos: supply creates its own demand. If you buy fancy toys for cops of any stripe, and train them to use them, then they’re going to use them. Once law enforcement is equipped and trained to wield the hammer of paramilitary raids, then every search looks like a nail. [. . .] (I suspect there’s a Napoleonic phenomenon going on as well: in my experience as a former fed and current defense lawyer, the more petty an officer’s power, and the narrower his patch, the more he itches to exercise force and authority.) That’s how they get to the place where they think it’s appropriate to use this much force against an innocent citizen with no criminal record, and his family, because his ex was committing fraud

[. . .]

Searches can be unreasonable not just in their purpose or in their supporting probable cause, but in their execution. A paramilitary raid is a grotesquely disproportionate approach to the investigation of a non-violent crime. It poses a grave risk of accidental death. It terrorizes innocents. And it conditions both police and citizens to view any law enforcement inquiry as justifying overwhelming force. Things like loan fraud and illegal milk sales should not require shock and awe.

The bottom line: we need to be vigilant for government abuse of the application for and execution of search warrants as well as erosion of the use of search warrants.

June 9, 2011

Arizona’s First Police Armoured Division goes into action

Filed under: Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 11:08

Earlier this year, facing a looming threat, with ordinary police procedures considered too ineffective, Arizona teamed up with Hollywood for a solution. Rather than sending a squad car to serve the warrant, Maricopa County unleashes the awesome armoured power of the 1st SS Panzer division police plus actor Steven Seagal:

We have previously followed the feudal system created by Maricopa County Sheriff Joe Arpaio in Arizona. Arpaio’s insatiable desire for media attention has led him to turn over areas of his office to Hollywood producers. Last week, Arpaio’s unhinged administration gave the public another bizarre scene as Steven Seagal was seen attacking a home with a tank, armored cars, bomb robot, and dozens of SWAT team members. The crime? Suspected involvement in cockfighting.

The police acknowledge that there was no evidence to suggest that the man was dangerous or that he was armed. He was indeed arrested without a struggle and no guns were found in the house. Well, without a struggle on his part. The armored Seagal attack blew its windows out and caused the neighborhood to think that an invasion was afoot. The huge operations (and its attendant costs) was basically a stage set up to give Seagal good footage for his reality program, “Lawman.” Seagal is shown riding in the tank in the assault on the suspected cockfighter.

H/T to Jon, my former virtual landlord, for the link.

Whistleblowers must take a number and wait to be served

Filed under: Bureaucracy, Economics, Law, USA — Tags: , , , — Nicholas @ 09:21

Edward Siedle, foolish man, takes the Securities and Exchange Commission at their word:

Last Friday afternoon I got it into my head that I should try to contact the head of the SEC’s new whistleblower office and discuss a money manager scam I’d uncovered. Surely, I figured, in this post-Madoff era the SEC must be rolling out the red carpet for those looking to clue it in on financial shenanigans.

On the SEC’s home page, at www. sec.gov I found a new button that says “Questions, Tips and Complaints Whistleblower Provisions.” The bureaucrats behind this nifty new feature were so prescient that they even included a picture of a whistle for the convenience of illiterate snitches.

But he’s in a hurry, and doesn’t want to just fax or email the information — he wants to talk to a human being. That’s where it gets amusing/alarming depending on your view of government:

I got the number of the SEC’s media office from the folks at Forbes and called it. I asked the person who answered for the number of the SEC’s new office of the whistleblower.

“There is no new office of the whistleblower,” I was told.

“Can l please have the number of the head of the office then,” I asked.

“There is no new head of the office and there is no office,” the woman told me in a tone that she appeared to have honed while humoring morons.

“Now wait a minute,” I said, “I read an article about the new guy who is running it. He’s a former tobacco lawyer or something. I know his name … it’s McKessy or something like that.”

My handler laughed and said, “So you believe everything you read?”

H/T to Tim Harford, who linked to this article saying “Adapt emphasises whistleblowing as a way of uncovering hidden problems in fragile systems. Therefore: HEADDESK”.

Adapt, of course, is Harford’s latest book, which I quite enjoyed reading and recommend to your attention.

June 8, 2011

New tactic on delinquent student loans: SWAT teams

Filed under: Education, Law, Liberty, USA — Tags: , , , — Nicholas @ 12:32

Thinking about getting behind on paying back your student loan? Think again:

Kenneth Wright does not have a criminal record and he had no reason to believe a S.W.A.T team would be breaking down his door at 6 a.m. on Tuesday.

“I look out of my window and I see 15 police officers,” Wright said.

Wright came downstairs in his boxer shorts as a S.W.A.T team barged through his front door. Wright said an officer grabbed him by the neck and led him outside on his front lawn.

After the public humiliation, he was then handcuffed and chucked into the back of a police car for 6 hours, along with his three young children. He’ll think twice before getting behind on his student loans, right?

Perhaps not: they weren’t even his loans: the SWAT team was looking for his estranged wife.

June 5, 2011

Surely this “cure” is worse than the “disease”?

Filed under: Law, Liberty, Middle East, Religion — Tags: , , , — Nicholas @ 11:25

John Perry Barlow retweeted a link to this Kuwait Times post:

A female political activist and former parliamentary candidate has recommended the introduction of legislation to legalize the provision of enslaved female concubines for Muslim men in Kuwait in a bid, she says, to protect those men from committing adultery or corruption.

The activist, Salwa Al-Mutairi, suggested apparently seriously in a video broadcast online that she had been informed by some clerics that affluent Muslim men who fear being seduced or tempted into immoral behavior by the beauty of their female servants, or even of those servants ‘casting spells’ on them, would be better to purchase women from an ‘enslaved maid’ agency for sexual purposes.

She suggested that special offices could be set up to provide concubines in the same way as domestic staff recruitment agencies currently provide housemaids.

May 30, 2011

Yet another politician has Twitter exposure issues

Filed under: Cancon, Law, Politics, Technology — Tags: , , , — Nicholas @ 10:47

First, it was the turn of congressman Anthony Weiner to have his Twitter account hacked. Now it’s an Ontario Tory candidate whose Blackberry was stolen, and a picture of his genitals posted on his Twitter account:

Rookie PC candidate George Lepp says he’s embarrassed that a photo of his family jewels was posted on his campaign Twitter account for about 20 minutes before it was quickly unzipped.
Alan Sakach, communications director for the Ontario Conservatives, said the photo was inadvertently taken by Lepp’s BlackBerry when it was in his front pocket. The photo was posted after someone took it from the candidate for the riding of Niagara Falls, according to Sakach.

“He is pretty upset and embarrassed,” Sakach said of a photo that was posted on Lepp’s account Sunday. “It was removed as soon as it came to his attention.”

The Toronto Sun obtained grainy copies of the Twitter page images before they were removed.

The pictures — too graphic to reproduce in the newspaper — are of a man naked from the waist down, showing a close up of his penis and his crossed legs.

As commenters on that article point out, it’s hard to believe the “official” story in this case:

Antinephalist:
George Lepp’s pockets are transparent, are they? And the photo was taken while he wasn’t wearing pants, that apparently have transparent pockets?

jaysfan33:
so wait…this guy’s phone took a picture of his twig and berries from his pocket??!?! Then his phone happened to be stolen…then the thief looked through all the guys pictures on the phone found the shot in question and then uploaded it to twitter…yeah that sounds pretty likely.

what probably happened: this prev took a shot of his junk when boozed up and then thought it would be funny to post it online, some time passed and he remember oh wait, im running for office, this might not look good, so he took it down…unfortunately for him the snake was out of the bag

H/T to “Lickmuffin”, who posted this link in a comment on the original article about Congressman Weiner.

Cory Doctorow: “Every pirate wants to be an admiral”

Filed under: Economics, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:09

May 29, 2011

Jim Treacher calls for investigation into hacking of Rep. Anthony Weiner’s Twitter and Facebook accounts

Filed under: Law, Politics, Technology, USA — Tags: , , , — Nicholas @ 11:13

He’s quite right: this sort of thing must be stopped:

I don’t agree much with Rep. Weiner politically, but he’s a congressman and this is a serious crime he’s alleging. Not to mention that identity theft can happen to any of us at any time. Therefore, Rep. Weiner must call for an official investigation. He owes it to himself, to all other victims of cybercrime, and to his fellow members of Congress who might also be at risk. Defrauding someone’s online accounts in order to embarrass and defame them is unconscionable. The culprit must be brought to justice.

And if Rep. Weiner doesn’t want an investigation, somebody should ask him why not.

If you haven’t been following this, the smart money is betting that he won’t want any such investigation to be launched.

May 28, 2011

Etymology of the word “buxom”

Filed under: History, Law, Randomness — Tags: — Nicholas @ 12:22

In a report on a lawyer’s attempt to become an internet laughing stock, there’s a brief digression into the word “buxom”:

To get back to “buxom” — I was surprised to learn that, according to the OED, this word originally had nothing specifically to do with women. It meant something like “obedient,” “pliant,” or “submissive,” but in reference to God, the Pope, or legal authority — e.g., c.1175 “Beo buhsome toward gode”; c.1523 “I shall be buxome and obeydient to iustice”; c. 1581 “The Consuls should sweare faythfully to become … buxome to the Pope.” (That last one especially I think is good evidence that the word didn’t mean what it means now.) The word also had the sense of “gracious,” “courteous,” or “kindly,” again without regard to gender.

By the 16th century, though, it was evolving into something like “lively” or “full of health,” still not exclusively as to women, but by the 19th century it looks like the dominant meaning had become “plump and comely … chiefly [to describe] women.” Given the word’s history of meaning “submissive” or “compliant,” though, this transition seems to make the word a lot more creepy and sexist than I had thought. I sweare faythfully not to use it anymore.

May 26, 2011

Reason.tv: The government’s war on cameras

Filed under: Bureaucracy, Government, Law, Liberty — Tags: , , — Nicholas @ 17:09

There is no right to privacy, unless you’re a police officer

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 09:24

Jon sent me a link to this post at Reason.com, discussing the odd court decisions which seem to indicate that you have no right to privacy, but that the police do:

Such incidents have led to a national conversation about the propriety of videotaping cops, even as dashboard cameras have become standard in squad cars. There seems to be some tension in the assumption that, as Graber’s lawyer put it, “the officer has a privacy expectation, but the motorist doesn’t.”

That asymmetry has been underscored by recent rulings over global positioning systems. Last year the Virginia Court of Appeals said Fairfax County police did not violate a suspect’s right to privacy when, without a warrant, they surreptitiously put a GPS device on his vehicle to track his movements. Individuals have no expectation of privacy on the public streets, the court ruled — a position also taken by the Ninth Circuit in California.

Yet this past January, Kathy Byron, a member of Virginia’s House of Delegates, introduced legislation that would have forbidden the use of GPS tracking devices for the purpose of following political candidates. People running for public office “are still entitled to some privacy,” she argued.

Even more disturbing is the steady increase in what the police are allowed to do without a warrant or even suspicion of criminal activity:

U.S. border-patrol agents often search the phones and computers of American citizens who cross the border — routinely “accessing email accounts, examining photographs and looking through personal calendars,” according to The Constitution Project, a watchdog group. “In some cases, electronic devices were confiscated for as long as a year.” And in Michigan, the State Police have high-tech forensic devices enabling them to download information from the cell phones of stopped motorists — something they have been doing without a warrant.

[. . .]

Soon Americans might have no right to expect privacy even in the privacy of their own homes. Earlier this month the U.S. Supreme Court ruled 8-1 that police officers may force their way into your domicile without your consent, without a warrant, and without what are usually referred to as “exigent circumstances” — e.g., someone inside the home yelling for help. The case, Kentucky v. King, concerned an incident in which police officers chasing a drug suspect ran into an apartment building, smelled marijuana, heard noises they thought might indicate someone was destroying evidence — and broke down the wrong door. This, said the Supremes, was perfectly fine.

May 23, 2011

The heterosexual wedding boycott

Filed under: Law, Politics, USA — Tags: , , — Nicholas @ 11:13

Rich Benjamin is engaged in a boycott of his friends’ heterosexual weddings because most states do not allow homosexual weddings. He thinks he’s being ideologically pure and striking a blow for equality. What he’s really doing is being an ass and alienating his friends without cause:

I picked up my jangling cellphone one recent Saturday to hear the elated voice of Zachary, my longtime buddy and college classmate. “I just proposed to Caroline,” Zach announced, inviting me to the wedding and angling to plot logistics. “So when are you flying in?”

“Oh, I’m not coming to your wedding,” I said.

It’s true. I’m boycotting all heterosexual weddings.

How utterly absurd to celebrate an institution that I am banned from in most of the country. It puzzles me, truth be told, that wedding invitations deluge me. Does a vegan frequent summer pig roasts? Do devout evangelicals crash couple-swapping parties? Do undocumented immigrants march in Minuteman rallies?

I know what he’s trying to do, but it’s hard to think of a more hurtful way of pointing out the inequality of gay and straight couples to people — one assumes because they’re close enough to him to invite him to their wedding — who are already on his side.

A poll last month showed Americans are split on same-sex marriage. A narrow majority, 51 percent, supports it, while 47 percent do not. Though Zach falls into that slim majority, he scolds me for being “peevish.” He says he resents me for blowing off his special day, for putting political beliefs ahead of our friendship and for punishing him for others’ deeds. But screaming zealots aren’t the only obstacles to equal marriage rights; the passivity of good people like Zach who tacitly fortify the inequality of this institution are also to blame.

They’re proof of a double standard: Even well-meaning heterosexuals often describe their own nuptials in deeply personal terms, above and beyond politics, but tend to dismiss same-sex marriage as a political cause, and gay people’s desire to marry as political maneuvering.

What many straight people consistently forget is that same-sex couples aren’t demanding marriage to make a political statement or to accrue “special rights.”

But you are using their marriage to make a political statement. Consistency? You make a point of explaining that you’re not an activist yet you scold Zach for his “passivity”?

May 22, 2011

The Tory “omnibus crime legislation” overview

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

Kathryn Blaze Carlson looks at the likely form of the new federal government’s “tough on crime” omnibus bill:

The Conservative government’s omnibus crime legislation, due ‘‘within 100 days,’’ will mark a watershed moment in Canadian legal history, imposing many controversial changes to how police and the courts operate, experts say.

The bill is sweeping in scale and scope: It is expected to usher new mandatory minimum sentences for drug crimes — growing five marijuana plants to sell the drug would automatically bring six months in jail — and for certain sexual offences against children. It will expand police powers online without court orders, reintroduce controversial aspects of the Anti-Terrorism Act that expired in 2007, end house arrest for serious crimes, and impact young offenders and their privacy.

“This bundle of crime legislation represents the most comprehensive agenda for crime reform since the Criminal Code was introduced,” said Steven Skurka, a Toronto-based criminal defence lawyer.

As always, when the government bundles together a lot of bills, there are some good and some bad ideas all headed down the chute at the same time. An especially bad bit is the preventative arrest provision that expired with the original Anti-Terrorism Act, and another one is the one allowing the police to demand internet records from ISPs without a court order (or, one assumes, notice to the people whose internet records are of interest to the police).

May 19, 2011

Nathalie Rothschild: Britain’s debate on rape “is demeaning to women”

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 09:10

There is much sound and fury in Britain this week over some remarks by a Tory cabinet minister in a BBC interview. The leader of the opposition has demanded that he be dismissed from the government for suggesting that there are ‘other categories of rape’. Nathalie Rothschild wrote this article in response to a 2010 review of the rape law.

In 2007, Camilla Cavendish of The Times (London) found that rape allegations had jumped by 40 per cent between 2002 and 2005. While this can partly be put down to improved support for women, which facilitates the process of reporting rape, Cavendish argued that a widening official definition of rape also played a big role. Since the Sexual Offences Act 2003 came into force, the definition of rape has been expanded to include oral sex. But there has also been a profound attitude shift with roots in the second-wave feminist idea that heterosexual sex is an inherently violent and degrading act that women subject themselves to against their better judgement.

More than four out of five rape allegations are made against friends or acquaintances. As alcohol and/or drugs were involved in over half those cases, Cavendish puts this down to ‘the culture of binge drinking’. But this avoids the more complex picture. Today, various rape-awareness activists and state feminists are themselves helping to blur the boundaries between sex and rape, encouraging women to regard themselves as violated, abused and traumatised for having gone to bed with a man without thinking it through in minute detail.

The Sexual Offences Act 2003 declared that consent must be ‘active, not passive’; in rape cases, consent is now taken to mean agreement rather than the absence of a refusal. So if a woman goes along with sex, but doesn’t make it explicitly clear that she is actively consenting to it, it can be deemed to be rape. The government has even moved towards ensuring that no agreement can be taken as consent if it is given under the influence of alcohol. As Cavendish pointed out: ‘In our zeal to protect women, are we going to legislate so that a drunken man is accountable for his deeds, but a drunken woman is not? Why do we encourage women to see themselves as victims?’ Absolving women who engage in sexual liaisons — whether drunk or sober — of responsibility for their actions is not liberating; it’s demeaning.

There is no doubt that forcing someone to have sex is a heinous, violent and degrading act and victims of rape should indeed be treated with dignity and respect. But in the name of protecting women, the government is insisting that rape cases be treated differently from all other crimes, while interfering with the course of justice in a way that undermines defendants’ rights and undercuts the power of juries.

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