Quotulatiousness

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.

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

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