Quotulatiousness

May 18, 2011

Reminder: check state law before videotaping the police

Filed under: Law, Liberty, Media — Tags: , , , , , — Nicholas @ 00:02

Clive sent me this Wendy McElroy post from last year, but it’s still (mostly) valid today:

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

It shouldn’t need to be said that the police and the courts who’ve backed the police on this issue are wrong. But they appear to be running scared, at least in a few states:

Carlos Miller at the Photography Is Not A Crime website offers an explanation: “For the second time in less than a month, a police officer was convicted from evidence obtained from a videotape. The first officer to be convicted was New York City Police Officer Patrick Pogan, who would never have stood trial had it not been for a video posted on Youtube showing him body slamming a bicyclist before charging him with assault on an officer. The second officer to be convicted was Ottawa Hills (Ohio) Police Officer Thomas White, who shot a motorcyclist in the back after a traffic stop, permanently paralyzing the 24-year-old man.”

When the police act as though cameras were the equivalent of guns pointed at them, there is a sense in which they are correct. Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.

May 17, 2011

Matt Welch: BHL is a “national embarrassment to France”

Filed under: France, Law, Media — Tags: , , — Nicholas @ 10:42

Actually, I understate in the headline what Matt actually wrote:

And since we don’t want to reprint the whole quavering bag of apologia (“Charming, seductive, yes, certainly; a friend to women and, first of all, to his own woman, naturally,” etc.), let’s close with perhaps my favorite line:

     What I do know is that nothing in the world can justify a man being thus thrown to the dogs.

I’m guessing what BHL really means here is that no worldly rape can justify Strauss-Kahn’s treatment. Since if the accusations are true, a 62-year-old man known by every French person I’ve asked to have the sexual manners of a primate lunged nakedly at hired help half his age, grabbed her breast, knocked her to the floor, and chased her around his expensive hotel suite attempting with some success to thrust his penis into her body and discharge DNA evidence.

I don’t know if he’s guilty, and it would be imprudent not to consider the conspiracy theories in a case involving someone who until this week was the single biggest political threat to the sitting president of France, but the only decent way you can arrive at “nothing in the world can justify” Strauss-Kahn’s treatment is if you oppose all perp walks equally. Short of that, it’s just special pleading for a powerful dick. And another reminder that BHL is 10 times the national embarrassment to France than Jerry Lewis or even Johnny Hallyday ever was.

May 16, 2011

Josh Rosenthall tries to figure out who is behind the iOS developer patent troll

Filed under: Law, Technology — Tags: , , , — Nicholas @ 13:15

It’s not absolutely definitive, but it looks as if Nathan Myhrvold former Microsoft CTO and the founder of Intellectual Ventures might be the man:

It’s been confirmed today that a company called Lodsys recently sent out a number of letters to independent iOS developers, including James Thompson — the developer of PCalc — and Dave Castelnuovo, creator of Pocket God , informing them that their use of in-app purchases in iOS infringes upon on this particular patent. Of course, Lodsys is going after small developers who lack the resources of larger development companies to fight back, presumably to frighten them into striking a licensing deal as soon as possible.

So who exactly is behind this unabashed case of patent trolling?

Well, we did a little leg work and though we can’t say with 100% certainty who is pulling the strings, it’s looking a lot like Intellectual Ventures is behind this disgraceful lawsuit.

Intellectual Ventures was founded in part by former Microsoft CTO Nathan Myhrvold. The company’s business model is simple — it purchases and applies for a ton of patents. It then licenses out those patents to others under the threat of litigation coupled with a promise not to sue if a deal is struck.

So let’s go through the chain of patent ownership.

A disturbing possible future: nanolaw

Filed under: Economics, Law, Media, Technology — Tags: , — Nicholas @ 12:48

Paul Ford writes about a morning in the near future:

My daughter was first sued in the womb. It was all very new then. I’d posted ultrasound scans online for friends and family. I didn’t know the scans had steganographic thumbprints. A giant electronics company that made ultrasound machines acquired a speculative law firm for many tens of millions of dollars. The new legal division cut a deal with all five Big Socials to dig out contact information for anyone who’d posted pictures of their babies in-utero. It turns out the ultrasounds had no clear rights story; I didn’t actually own mine. It sounds stupid now but we didn’t know. The first backsuits named millions of people, and the Big Socials just caved, ripped up their privacy policies in exchange for a cut. So five months after I posted the ultrasounds, one month before my daughter was born, we received a letter (back then a paper letter) naming myself, my wife, and one or more unidentified fetal defendants in a suit. We faced, I learned, unspecified penalties for copyright violation and theft of trade secrets, and risked, it was implied, that my daughter would be born bankrupt.

But for $50.00 and processing fees the ultrasound shots I’d posted (copies attached) were mine forever, as long as I didn’t republish without permission.

H/T to Kevin Marks, retweeted by Cory Doctorow for the link.

May 15, 2011

Texas on the verge of righting a major wrong

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 11:24

Lenore Skenazy is delighted that Texas is about to enact a law that removes one of the stupidest situations in modern law enforcement:

Hey Readers! Once in a while, common sense actually wins a biggie. That’s what’s happening right now in Texas, where the governor seems set to sign a “Romeo & Juliet” bill that would prevent teens and young adults who have consensual sex from ending up as official “Sex Offenders,” required to register for life.

This is the kind of insane law that would charge an underage couple who’d had sex — charging each of them as sex offenders for having sex with the other — with both of them ending up on the sexual offenders list for life.

That is beyond crazy. That is LIFE ruining — and for what? Who does it help? No one. Who does it hurt? The very people it is supposed to protect: young people.

Thank god the legislature had the gumption to re-introduce the Romeo & Juliet bill, which the Governor, Rick Perry, vetoed in 2009. Let’s give a big hand to its sponsors: Texas State Rep. Todd Smith and Texas Sen. Royce West (one Democrat and one Republican — this is NOT a partisan issue)!

May 14, 2011

For their next act, they’ll allow “quartering large bodies of armed troops”

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 00:38

Indiana must be an interesting place to live, but their Supreme Court has an odd view of the notion that a man’s home is his castle:

Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry.

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

And as I’m sure the law’n’order folks will be quick to point out, if you’ve done nothing wrong you’ve got nothing to worry about, right?

Even better, this is the second time this week that the court has reduced the rights of Indiana residents against police intrusion:

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking.

H/T to Walter Olson for the link.

May 12, 2011

30 years in prison for taking photos of farms?

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 00:08

As we all know, there are no higher risk facilities in the United States than the farm:

According to the New York Times, the Iowa bill, which has passed the lower house of the legislature in Des Moines:

would make it a crime to produce, distribute or possess photos and video taken without permission at an agricultural facility. It would also criminalize lying on an application to work at an agriculture facility “with an intent to commit an act not authorized by the owner.”

From a libertarian perspective, there’s so much wrong with these bills that it’s hard to know where to begin. Maybe with the bills’ ridiculous overbreadth and over-punitiveness — the Florida proposal, for example, apparently would ban even roadside photography of farms, and send offenders to prison for as much as thirty years. In proposing a (very likely unconstitutional) ban on even the possession of improperly produced videos, the Iowa bill, ironically or otherwise, echoes the tireless legislative efforts of some animal rights activists over the years to ban even possession of videos depicting dogfights and other instances of animal cruelty, for example.

Wouldn’t that kind of prison sentence for unauthorized photography be considered extreme in the old Soviet Union?

May 11, 2011

Michael Geist: the “Lawful Access” legislation does not criminalize hyperlinking

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 12:16

At least, on a reasonable person’s reading of the proposed law, it doesn’t criminalize hyperlinks to material that “incites hatred”:

The source of the latest round of concern stems from the Library of Parliament’s Parliamentary Information and Research Service legislative summary of Bill C-51. On the issue of hyperlinking, it states:

Clause 5 of the bill provides that the offences of public incitement of hatred and wilful promotion of hatred may be committed by any means of communication and include making hate material available, by creating a hyperlink that directs web surfers to a website where hate material is posted, for example.

I must admit that I think is wrong. The actual legislative change amends the definition of communicating from this:

“communicating” includes communicating by telephone, broadcasting or other audible or visible means;

to this:

“communicating” means communicating by any means and includes making available;

The revised definition is obviously designed to broaden the scope of the public incitement of hatred provision by making it technology neutral. Whereas the current provision is potentially limited to certain technologies, the new provision would cover any form of communication. It does not specifically reference hyperlinking.

Michael is much more informed about this issue than I am, so I find his confidence as a welcome balm to all the concern raised about this issue. The bill itself, of course, remains a civil liberty disaster in other ways, even with this issue addressed:

As I have argued for a long time, there are many reasons to be concerned with lawful access. The government has never provided adequate evidence on the need for it, it has never been subject to committee review, it would mandate disclosure of some personal information without court oversight, it would establish a massive ISP regulatory process (including employee background checks), it would install broad new surveillance technologies, and it would cost millions (without a sense of who actually pays). Given these problems, it is not surprising to find that every privacy commissioner in Canada has signed a joint letter expressing their concerns.

Belgian newspapers win appeal against Google

Filed under: Europe, Law, Liberty, Media — Tags: , , , , — Nicholas @ 07:45

Apparently, even a short summary and a hyperlink are considered to be a violation of copyright in Belgium:

A Belgian appeals court has upheld an earlier ruling that Google infringes on newspapers’ copyright when its services display and link to content from newspaper websites, according to press reports.

The search engine giant is responsible for infringing the copyrights of the papers when it links to the sites or copies sections of stories on its Google News service, the Belgian Court of Appeals said, according to a report in PC World.

Google must not link to material from Belgian newspapers, the court said, according to the report (in French). No translation of the ruling is yet available.

[. . .]

The newspapers argued that they were losing online subscriptions and advertising revenue because Google was posting free snippets of the stories and links to the full article on Google News.

Google’s search engine offers links to the websites it indexes but also to “cached” copies of those pages. The copies are stored on Google’s own servers.

May 10, 2011

Superinjunctions

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 09:08

British law is already difficult enough for outsiders to suss out, but the recent use of superinjunctions to prevent even the hint that a story is being legally suppressed makes it even tougher:

The high profile are gagging, the press is losing the ability to speak, and now the Twitterati is vomiting up half-digested rumours. All the signs are that Britain is in the grip of the legal virus known as ‘injunctionitis’.

It makes for an unedifying spectacle. In between news of uprisings in the Middle East, the killing of Osama bin Laden and the marriage of Will’n’Kate, the British press has been running another set of stories about what it is forbidden from reporting. The reason for this is the increasingly problematic use of the injunction, a legal prohibition issued by a judge that prevents a particular story from being published. While these have been issued for a few years now with largely little public knowledge — especially after the use of so-called superinjunctions, which forbid people from mentioning the fact that an injunction exists — over the past year or so, the injunction in all its forms has started to make the news all by itself. Which, you’d be correct in thinking, rather defies the point.

In fact, over the past few weeks, the attempts by certain individuals to gag the press has resulted in an outbreak of calculated press indiscretion. There has been the tale of the unnamed English actor who employed the services of Helen Wood, a prostitute whose previous clients include footballer Wayne Rooney. Of course, given the injunction, Wood couldn’t do a proper bonk-and-blab about the actor, but there was enough detail there for a salacious few pages’ worth. Then there was the unnamed Premier League footballer who had allegedly been having an affair with Big Brother 7 victim/star Imogen Thomas. She has since been frequently pictured looking disconsolate in a series of fetching bikinis.

It’s bad enough when the government uses its powers to suppress public discussion of items of importance to “national security” (with the definition as loose as possible). It’s much worse when the courts are allowing private individuals and corporations to have their own version of court-imposed censorship, as there’s no possibility of it being a “national security” issue.

It has not just been the tabloids making news of the unreportable. There has also been the case of ex-Royal Bank of Scotland boss Fred Goodwin who took out a hyper-injunction, which absurdly forbids anyone from even talking about the subject of the injunction to the lawmakers themselves — namely, parliament. (Although, of course, someone did, hence we know about its existence if not any of the details.) And things became even crazier when a prominent member of the media, BBC journalist Andrew Marr, revealed that he himself had violated his own profession’s freedom by taking out an injunction in 2008 to hush up an infidelity. In fact, as The Times gleefully reported, there are over 30 high-profile injunctions currently in operation involving a whole heap of public figures, from footballers to politicians.

So, in at least one area, we’re back to there literally being two different kinds of law, differentiated by the wealth of the plaintiff.

May 9, 2011

What’s coming up in the next set of Canada Health Act revisions

Filed under: Cancon, Government, Health, Law — Tags: , , , , — Nicholas @ 09:06

This is an old post from 2005, but now that we have a majority federal government, we can expect to see much or all of this program implemented fairly quickly:

As we’ve all been made aware by the constant drumbeat of media-generated panic, obesity is the biggest problem facing the Canadian healthcare system. Canadians are getting much fatter, getting less exercise, and generally imperilling their own health and, in the aggregate, the entire healthcare system — the core of the Canadian identity. The government is moving to confront this looming problem in the very near future.

Tackling Obesity

Because voluntary measures have failed, the federal government, in consultation with the provinces and territories, is going to amend the Canada Health Act, the cornerstone of the healthcare system. Poor health is no longer an individual problem: it affects the entire country. This means that the government is going to get very serious about tackling the causes of the problem, not just treating the patient after the problem becomes severe.

The current provincial health ID cards will become federalized: this is to ensure that all Canadians are able to get consistent treatment when travelling outside their home provinces. The new ID cards will carry biometric information and it will be mandatory to carry these cards at all times.

To ensure that we comply — it is for the sake of our healthcare system — the health ID card will be requested on boarding all public transit, commuter rail, airplanes, ferries, and ships. Inexpensive card readers will speed processing. No ID? No travel. Simple as that. Our healthcare system is too important to risk for minor concerns like individual rights, privacy, or freedom of movement.

It is expected that the major banks will quickly realize the advantage of integrating their ABM networks with the new universal ID card, obviating the need for them to maintain their own card issuing services. Any who do not quickly adapt will find it difficult to get government business. But it will be strictly voluntary, of course.

Once the banks have adapted, the government can phase out the production of printed money . . . there will be no need for it since you will always carry your combined ID/ATM card. This will be a boon to shopkeepers, banks, and anyone involved in handling money right now.

One of the biggest advantages of this will be that the government will be able to act decisively to combat the scourge of obesity: all food purchases will be directly traceable to show who is eating too much or too much of the wrong kind of food. Within a few years, as the existing printed “Nutrition Facts” information is encoded into RFID tags, it will be possible for your ID/ATM card to restrict the amount of food you purchase to the recommended daily allowance for your diet. Won’t that be great? You won’t even need to think about what to eat, because you’ll only be allowed to eat the “right” amount of the “right” foods, as determined by the government.

Of course, those Canadians who have allowed themselves to eat too much should not be given the same top-priority access to healthcare that their less weighty fellow citizens should have . . . overweight patients will be treated in inverse proportion to their deviation from the norm. That’s only fair, and fairness is nearly as important an aspect of Canadianness as Universal Healthcare.

There may be some bleeding hearts in the civil liberties movement who decry this extension of government power, but we can safely ignore them. The only thing that makes Canada the great place it is today is universal healthcare. This has been repeated so often that most of us accept the concept without any doubt or uncertainty.

Universal healthcare is Canada; Canada is universal healthcare.

Universal healthcare matters more than anything else, again as uncounted public opinion polls and government surveys have discovered, so anything that strengthens the healthcare system is good for Canada. Critics of the system are clearly not acting in the best interests of the healthcare of all Canadians, so we must move to suppress such unpatriotic — even treasonous — talk.

Snuffing Out Smoking

After obesity, the next greatest threat to the system is already being addressed by all levels of government: smoking. It will soon be possible, using the same combination of mandatory ID/ATM cards and RFID tags to completely stamp out the purchase of tobacco products. The government would be remiss if they failed to take full advantage of the current wave of public support to make tobacco use illegal everywhere. Canadians are naturally law-abiding: they will quickly adapt to the need for vigilance for signs of illegal tobacco use. Snitch lines may be required in certain areas to provide more support to those Canadians who want to ensure the health of their fellow citizens — and, of course, the essential healthcare system!

Other methods can be used to ensure compliance, especially in the delivery of healthcare: patients who have smoked will be required to wait longer for all services, to be fair to those patients who never smoked. In the model of “plea bargaining”, patients may be able to get faster aid by reporting others who supplied them with tobacco.

Annihilating Alcohol

Alcohol abuse is the next problem to be overcome. The cost to the healthcare system from treating the direct results of alcohol abuse are staggering. It is manifestly unfair that non-drinking Canadians must pay to rectify the self-inflicted damage of alcohol by drinkers. Earlier Canadian and American governments tried to stamp it out during the last century, but they failed. This government will not: we have the tools to enforce compliance that earlier governments lacked.

As a first step, all sales and production of alcoholic beverages will be nationalized. All citizens must apply for permits to allow them to drink alcoholic beverages, which will only be available from government outlets at strictly controlled times. Sensible limits will be applied, so that packaging that encourages abuse (24-packs of beer, 1.18 litre bottles of alcohol, etc.) will be quickly removed from use. Purchase limits will be strictly enforced, to ensure that so called “binge drinking” can be controlled and eliminated. Drunkenness will be dealt with as sabotage of the healthcare system.

Importing alcohol will be eliminated as a source of health problems, and domestic production will be gradually curtailed and then eliminated in turn. Home brewing and winemaking will be very quickly made illegal: snitch lines will certainly be needed to enforce this, but good Canadians will realize that the health of all requires us to clamp down on those who do not follow good health guidelines.

Enforcing Exercise

It’s not going to be easy to make Canadians as healthy as possible, but the vigour of our Universal Healthcare system can only be enhanced by improving the physical well-being of all Canadians. Voluntary efforts to encourage healthy exercise have been a dismal failure, so mandatory exercise is the only way to move forward. In the short term, all public and private schools, offices, factories, and other workplaces will be required to add exercise periods to every workday.

Mandatory exercise, however, will not be allowed to encourage carelessness and risk-taking — so-called “extreme” sports are all foreign concepts to Canadian culture, and should be discouraged at all cost. The healthcare system must not be held hostage to stupid, careless victims of unnecessary accidents. They’ll be in last place for healthcare services, after the obese, the smokers, and the drinkers.

The End Result

Let’s be honest . . . this is going to be a gruelling regime, and some will not have the intestinal fortitude to pull through. By phase IV of our program, we should expect to see some weaker souls emigrating to escape the rigours of our brave new healthy world. We should let them go, but ensure that they have paid a fair price for the privilege of living in the healthiest country in the world: a sliding scale tax on property maxxing out at 90% for the wealthiest.

But what a wonderful country it will be without them: everyone at the absolute peak of health and vitality (because getting sick will be illegal).

May 8, 2011

Thinking about home defence

Filed under: Law, Liberty, USA, Weapons — Nicholas @ 00:03

In Canada, with our much more restrictive laws on gun ownership, we tend to think of our home defence as being primarily in the hands of the police. In the United States, it’s recognized by some as being more of a personal responsibility:

In the same way, establishing a good armed home defense plan isn’t a goal in itself. It’s a process. Finding the right weapon or weapons is only one part of the puzzle. Answer these five questions in the comments section below, and then we’ll move on . . .

1. Do you have alarm system? An alarm systems should not be relied upon as sole protector of your castle. However, whenever you protect an asset, you need to establish a perimeter. It’s an early warning system that tells you to get your game face on. Unless you’re going to hire armed guards (who come with their own set of problem), an alarm system is key (so to speak). You can install non-police-monitored systems with sirens loud enough to send some third world residents to their bunkers, interior motion sensors, and strobe lights brighter aircraft landing lights, at less cost than you might believe.

[. . .]

I am not by any means trying to talk anyone out of armed home defense. But I am trying to talk EVERYONE into THINKING about all aspects and responsibilities that come with armed encounters. Types of lethal and non lethal force (weapons and gadgets) later. In the meantime, My All Your Targets Be Paper!

May 6, 2011

The “orphan works” gap in US copyright law

Filed under: Law, Media, Technology, USA — Tags: , , — Nicholas @ 09:30

Nicole Ciandella writes about so-called “orphan works” under current US copyright law:

Jazz enthusiasts rejoiced when the National Jazz Museum in Harlem purchased the famous Savory Collection last year, but unless Congress fixes a gaping hole in U.S. copyright laws, few people will actually hear the prized recordings.

William Savory was an audio engineer who developed his own method of recording live audio performances in the late 1930s. Up until World War II, most live performances were recorded on 78 rpm records that could capture only about three minutes of music. But Savory used 12- and 16-inch aluminum discs, which enabled him to create and store high quality recordings of longer performances. His collection includes a six-minute version of Coleman Hawkins performing “Body and Soul” in the spring of 1940 and a recording of Billie Holliday singing a rubato-tempo version of “Strange Fruit” in a nightclub only a month after her original version was released.

While he was alive, Savory kept his recordings mostly to himself. He died in 2004. His son, who inherited the recordings, finally agreed last year to sell the whole Savory Collection to the National Jazz Museum.

Museum spokespeople say the museum is eager to share the songs with the public online, but because of the recordings’ murky copyright status, that’s unlikely to happen anytime soon. The performances Savory recorded are now considered “orphan works” — in other words, their copyright owners are unknown and cannot be tracked down. The museum can’t obtain permission to disseminate the recordings; and if the museum were to go ahead without permission, it would risk being hit with a copyright infringement lawsuit, meaning potentially hefty civil penalties.

May 3, 2011

The lawfare threat to bloggers (and anyone else who posts on the web)

Filed under: Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 18:15

Box Turtle Bulletin lays out the details of a very disturbing development:

By providing blockquotes, we let the source material speak for itself without any inadvertent inaccuracies or biases which may creep in if we were to paraphrase it. And by providing links, we allow you, the reader, to click through for more information. Of course, we cannot copy the source material in its entirety, nor can we copy major portions of it. That would violate copyright laws, which is a very serious issue. But copyright laws do allow us to copy small portions of source material for commentary and discussion purposes.

As I said, copyright laws — or more specifically, copyright lawsuits — are serious business. And now, three newspaper chains have discovered that filing copyright lawsuits can become yet another profit center. The problem is, their definition of copyright infringement not only contradicts copyright law, but also poses a serious threat to bloggers and other online outlets everywhere.

Righthaven LLC is a copyright holding company which acquires “rights” to newspaper content after finding the content published on other web sites without permission, and files lawsuits against those web site. Righthaven was created as a partnership with Stephens Media, publisher of the Las Vegas Review-Journal, and their business model rests entirely on suing web site owners and operators for extravagant “damages” as a shakedown exercise. (“Rights” are in quotes, because, contrary to what is required under copyright law, Righthaven doesn’t actually acquire any legitimate copyright “rights,” which is yet another problem with their business model.) Two other newspaper chains, WEHCO Media and Media News Group have entered into agreements with Righthaven to split the profits from lawsuits stemming from their respective newspapers’ contents.

The three newspaper chains partnering with Righthaven represent some very important voices in the newspaper industry, including the Las Vegas Review-Journal, Denver Post, Salt Lake Tribune, San Jose Mercury News, Oakland Tribune, St. Paul Pioneer Press, Detroit News, El Paso Times, Arkansas Democrat-Gazette, and Charleston Daily Mail.

I had already heard that the Las Vegas Review-Journal had some unusual views on quoting from their website, so I’ve avoided using that site for years. I didn’t know that the St. Paul Pioneer Press had also adopted that highly restrictive view of copyright, and they were one of the newspapers I read regularly for Minnesota Vikings information. I’m going to have to avoid quoting from them, however. Here is how Box Turtle Bulletin will be handling the situation in future:

And so to protect ourselves and this web site, we will no longer cite any content from Denver Post, Las Vegas Review-Journal, Salt Lake Tribune, or any of the other news sources listed no linkhere. There will be no links, no blockquotes, nothing. For the most part, it will be as if these sources simply don’t exist.

But if it happens that, for example, the Denver Post has an exclusive story that no one else has, we will do what the Associated Press does whenever the New York Times breaks a story. We will write about the story by paraphrasing the Post’s article, but we will not quote from it or provide a link to it — just like the Associated Press does. There will be however one tweak from standard AP practice: we will provide a link, but it will be to an explanation as to why there is no link. It will look something like this:

     “The Denver Post (no link) reports blah, blah, blah…”

H/T to Walter Olson for the link.

May 1, 2011

Repost: Ballot Box Irregularities

Filed under: Cancon, Law, Politics — Tags: , , — Nicholas @ 13:46

I first posted this article in 2004. I repost it every election:

Ballot Box Irregularities, Canadian Style

This article in Reason Hit and Run talks about the recent decision to allow partisan ballot-challengers to monitor the voting in Ohio. In Canada, these people are called “scrutineers” and they have a vital job.

No, I’m not kidding about the vital part. Each candidate has the right to appoint a scrutineer for every poll in the riding (usually only the Liberal, NDP, and Conservative parties can manage to field that much manpower). I was a scrutineer during a federal byelection in the mid-1980’s in a Toronto-area riding, but I had five polls to monitor (all were in the same school gymnasium). This was my first real experience of how dirty the political system can be.

The scrutineers have the right to challenge voters — although I don’t remember any challenges being issued at any of my polls — similar to the Ohio situation, I believe. They also have the right to be present during the vote count and to challenge the validity of individual ballots. Their job is to maximize the vote for their candidate and minimize the vote for their opponents.

Canadian ballots are pretty straightforward items: they are small, folded slips of paper with each candidate’s name listed alphabetically and a circle to indicate a vote for that candidate. A valid vote will have only one mark inside one of the circles (an X is the preferred mark). An invalid vote might have:

  • No markings at all (a blank ballot)
  • More than one circle marked (a spoiled ballot)
  • Some mark other than an X (this is where the scrutineers become important).

After the polls close, the poll clerk and the Deputy Returning Officer (DRO) secure the unused ballots and then open the ballot box in the presence of any accredited scrutineers. The clerk and DRO then count all the ballots, indicating valid votes for candidates and invalid ballots. The scrutineers can challenge any ballot and it must be set aside and reconsidered after the rest of the ballots are counted.

A challenged ballot must be defended by one of the scrutineers or it is considered to be invalid and the vote is not counted. The clerk and DRO have the power to make the decision, but in practice a noisy scrutineer can usually bully the DRO into accepting all their challenges. I didn’t realize just how easy it was to screw with the system until I’d been a scrutineer and watched it happen over and over again.

This is the key reason why minor party candidates poll so badly in Canadian elections: they don’t have enough (or, in many cases, any) scrutineers to defend their votes. In my experience in that Toronto-area byelection, I personally saved nearly 4% of the total vote my candidate received (in the entire riding) by counter-challenging challenged ballots. We totalled just over 400 votes in the riding (in just about 100 polls) — 21 of them in my polls. I got 15 of those votes allowed, when they would otherwise have been disallowed by the DRO.

There was no legal reason to disallow those votes: they were clearly marked with an X and had no other marks on them; they were challenged because they were votes for a minor candidate. As it was, I had a heck of a time running from poll to poll in order to get my counter-challenges in (I probably missed a few votes by not being able to get back to a poll in time).

The Libertarians only had six or seven scrutineers, covering less than a third of the polls in this riding. If the challenge rate was typical in my poll, then instead of the 400-odd votes, we actually received nearly 2000 votes — but most of them were not counted.

Yes, even 2000 votes would not have swung the election, but 2000 people willing to vote for a “fringe” party would be a good argument against those “throwing away your vote” criticisms. Voters are weird creatures in some ways: they like to feel that their votes actually matter. Voting for someone who espouses views you like, then discovering that only a few others feel the same way will discourage most voters from voting that way again in future.

Another reason that minor party votes matter (that I neglected to mention in the original post) is that parties receive funding based on their vote totals in the previous election. Disallowing minor party votes also deprives those parties of the funding they would otherwise be entitled to next time around. For the bigger parties, this is trivial, but for minor parties, this may be critical to them being able to stay active — and visible to voters — between elections.

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