Quotulatiousness

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.

April 30, 2011

“When police decide they need to make an arrest, he said, they find a way to make an arrest”

Filed under: Cancon, Law, Media — Tags: , , , , , — Nicholas @ 11:38

Not the finest day in Albertan justice:

Charges have been dropped against three Alberta men accused of shooting dead a pregnant wild horse and tossing its body down a hillside. For more than a year, the RCMP and the Crown were sure they had the right guys. They even charged the then-12-year-old son of Jason Nixon, one of the accused. But then, just as the trial began, the defence produced an important piece of exculpatory evidence: The horse hadn’t been shot.

The Mounties had assumed it had been. They were operating on a tip from a man named Dave Goertz. Mr. Goertz, as everyone involved in the case knew, was a crackhead and a meth addict. He reported the crime after a local group that defends Alberta’s wild horse population posted a $25,000 reward.

[. . .]

Apparently, the word of a drug addict was enough for the guardians of our justice system to arrest three innocent men and run them all the way to trial, costing them their jobs, a small fortune and untold grief.

[. . .]

The horse had been badly decomposed, apparently, by the time police found it, so determining whether it had been shot wasn’t possible. And yet, lacking critical evidence, the province proceeded with its prosecution for wilfully killing and careless use of a firearm. The three men faced a maximum of five years in prison.

This kind of thing, said defence lawyer Willie deWit, “is what happens in our system a lot of times.” When police decide they need to make an arrest, he said, they find a way to make an arrest. They ignore anything that might exculpate the accused, and seize on anything that feeds their assumptions of guilt.

April 29, 2011

Toronto Star: War crimes investigation possible for Canadians in Afghanistan

Filed under: Cancon, Law, Military — Tags: , , , , — Nicholas @ 15:52

The International Criminal Court seems to think that Canadian officials may be complicit in war crimes over the Afghan detainees:

Prosecutor Luis Moreno-Ocampo says in a documentary soon to be aired on TVO that Canadian officials are not immune to prosecution if there is evidence that crimes were committed by handing over detainees to face torture.

When Toronto filmmaker Barry Stevens asked Moreno-Ocampo in his film, Prosecutor, if the ICC would pursue a country like Canada over its role in Afghanistan, he replied:

“We’ll check if there are crimes and also we’ll check if a Canadian judge is doing a case or not . . . if they don’t, the court has to intervene. That’s the rule, that’s the system, one standard for everyone.”

Moreno-Ocampo could not be reached for further comment about the case Thursday when attempts were made by the Star.

Update: Adrian MacNair is underwhelmed:

As one who has actually been to Afghanistan and seen how the military cares for and treats detainees, it’s a little difficult to swallow the news that the International Criminal Court could investigate Canada for so-called war crimes. I’m not sure what that would accomplish, but it certainly would do nothing to help with the main problem in the country: the insurgency.

I’m unsure as to how or why anybody believes that Canada’s role in Afghanistan is anything more than a humanitarian mission buttressed by security. We’re in the country to provide stabilization for the democratically elected (though admittedly corrupt and fraudulent) government with whom we have specific agreements and rules we must follow.

In providing security to Afghans we are not allowed to hold Afghan nationals for more than 96 hours in our custody, though at the time of the allegations (pre-2007) this was 72 or 48 hours.

It doesn’t seem reasonable to me to expect a foreign military with finite resources to ensure absolute humanitarian oversight of detainees after they’ve been handed over to the Afghan government. That’s like expecting a police officer in Canada to ensure proper oversight of a prisoner he has arrested and brought to justice. Is a police officer morally culpable if a prisoner is raped in prison?

April 28, 2011

Kevin Milligan: Corporations are not really people

Filed under: Cancon, Economics, Law, Politics — Tags: , , , — Nicholas @ 12:02

The notion that corporations are “legal persons” is useful for legal purposes, but terribly misleading when politicians are trying to formulate tax policies:

Pretending that corporations are people leads to tax policies with perverse consequences; some can even produce the opposite of what the policy is intended to do.

[. . .]

Some people want to tax corporations heavily because the corporations are ‘rich.’ But, if corporations are not people, they can’t be rich. The owners or employees of the corporation can be rich, but not an artificial legal entity. As my Economy Lab colleague Stephen Gordon wrote, “Claiming that ‘wealthy corporations’ pay [corporate taxes] makes about as much sense as claiming that ‘rich buildings’ pay property taxes.”

This is not an obscure debate. The owners of corporations do not all wear top hats and monocles like the fellow from the Monopoly game. In reality, Bay Street IPO-mongers quake in fear of two large stockholders. One is the Ontario Teachers Pension Plan. The other is the Canada Pension Plan Investment Board. These two pension plans are the largest holders of corporate equity in Canada, and their stakeholders are broadly middle income. Tax policy that hurts the dividends of Canadian corporations has a direct impact on the vast Canadian middle that hold pensions through these two, and similar, pension entities. Of course, many high-income Canadians also own corporate equities. But, if we desire to change the tax burden on high income individuals, though, it is best to do so directly through the personal income tax rather than taxing things high income people may or may not own.

April 25, 2011

Grameen Bank cleared of “irregularities”, but Yunus will not be re-instated

Filed under: Asia, Economics, Law, Liberty — Tags: , , , , — Nicholas @ 11:06

The Bangladeshi government has completed their investigation into financial irregularities at microfinance specialist Grameen Bank, but the founder, Muhammad Yunus, will not be brought back:

Yunus, 70, was dismissed by a central bank order — upheld by the high court and supreme court — on the grounds that he had overstayed in his position and refused requests to quit.

Yunus, winner of the 2006 Nobel peace prize, set up Grameen, which means village in Bengali, and had been the bank’s managing director since 2000.

Lauded at home and abroad by politicians and financiers as the “banker to the poor”, he has been under attack by the government since late last year, after a Norwegian documentary alleged the bank was dodging taxes.

Yunus denied any wrongdoing and a Norwegian government investigation later also cleared him of any malpractice.

April 24, 2011

Unhappy tax day for online poker players

Filed under: Gaming, Law, USA — Tags: , — Nicholas @ 12:07

Well, tax day generally isn’t a happy day, but online poker players were especially unhappy:

Last week, while many people reported their income to the Internal Revenue Service, others suddenly found their source of income shut off. On a day now known among online poker players as “Black Friday,” the Department of Justice did us Americans the favor of saving us from ourselves by shutting down the three most popular and trusted online poker platforms.

Not only did the department seize the three domain names, it also froze 77 accounts around the world and charged the founders of PokerStars, Full Tilt Poker and Absolute Poker, among others. What’s there crime? While the charges very carefully center on bank fraud, the heart of the department’s clampdown on Internet gambling stems from the Unlawful Internet Gambling Enforcement Act (UIGEA). Passed during a midnight vote in 2006, the UIGEA doesn’t actually prohibit online gambling but rather bans credit-processing companies from processing payments from “unlawful” online gambling activities. However, the bill never clarifies what it means by “unlawful” activities.

After the law’s passage, several online poker companies continued to operate in the United States, and Justice has turned the prosecution of those entities into a very lucrative endeavor. United Kingdom-based SportingBet, an online betting platform, signed a non-prosecution agreement with the U.S. government last year in return for a payment of $33 million, and in 2008, the co-founder of PartyGaming.com paid authorities $300 million in a settlement. In last week’s indictment, Justice announced that it was seeking a total of $3 billion from the poker companies. Compare this with the $105 million fine that Wachovia, which was found to be laundering billions of dollars in drug money, paid to the U.S. government, and one must wonder what kind of metric Justice uses when deciding which injustices to pursue.

April 22, 2011

DC business owner successfully fights photo tickets

Filed under: Bureaucracy, Law, Technology — Tags: , — Nicholas @ 16:17

Jon sent me this link, which shows that you sometimes can fight speed camera tickets:

Five times and counting before three different judges, the Prince George’s County business owner has used a computer and a calculation to cast reasonable doubt on the reliability of the soulless traffic enforcers.

After a judge threw out two of his tickets Wednesday, Mr. Foreman said he is confident he has exposed systemic inaccuracies in the systems that generate millions of dollars a year for town, city and county governments.

He wasn’t the only one to employ the defense Wednesday. Two other men were found not guilty of speeding offenses before a Hyattsville District judge during the same court session using the same technique.

“You’ve produced an elegant defense and I’m sufficiently doubtful,” Judge Mark T. O’Brien said to William Adams, after hearing evidence that his Subaru was traveling below the 35-mph limit – and not 50 mph as the ticket indicated.

April 20, 2011

More on the use of “kettling” by the police

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 12:35

Patrick Hayes considers the “kettling” technique beloved of modern metropolitan police forces in the face of protest:

This is not in any way to defend kettling, which restricts basic freedoms of movement and protest. Being kettled is a deeply frustrating experience. You are penned into a small area with thousands of other protesters for hours on end, with no access to toilets or provisions and little to no knowledge of when the police will let you go. This repressive police technique should be abolished.

However, the emergence of kettling does not reflect a new era of police ‘barbarism’ or ‘gross police brutality’, as some have claimed. Rather, the logic behind kettling seems to be an attempt by the authorities to adapt to a new kind of aimless protesting.

[. . .]

The rise of kettling speaks to changes within the authorities too. This tactic reveals a new desire amongst the police to avoid engaging with protesters directly, to avoid beating and controlling them as they might have tried to do in the past. Instead, the police have developed mostly risk-averse, hands-off tactics for demos, of which kettling is a prime example.

Kettling is really a damage-limitation exercise. The hope is that in pinning protesters into one small area they will eventually become sedate or fall asleep after they have let off enough steam. In a bizarre turn of events, the police now even hand out glossy brochures explaining to protesters what kettling is all about and why the police do it. Kettling is analogous to parents sending children to the ‘naughty step’ to get them to calm down.

Indeed, in the absence of any clear collective ideas, protesters have in many ways become reliant on kettling as a focal point for their radicalism. Protests have turned into games of cat-and-mouse, as youths try to avoid being penned in by the police, using Twitter to organise flash mobs and effectively playing peek-a-boo with the police. The protesters achieve a semblance of collectivity through the experience of being trapped together in a kettle.

One size rules don’t fit all

Filed under: Bureaucracy, Cancon, Health, Law — Tags: , , , — Nicholas @ 07:14

Dentists who have their spouses on their patient list are running the risk of losing their licenses:

Dentists are permitted to treat their spouses — but they better not have sex.

Put another way, dentists who have sex with their spouses better not be messing around with their teeth.

This is the current law of the land in Ontario, one that many dentists are secretly flouting and calling “dumb” and “stupid.”

In an interview with the Star earlier this week, Ontario Health Minister Deb Matthews conceded the dentists may have a point and has agreed to review the restriction.

H/T to Chris Greaves for the link.

April 18, 2011

Happy thought of the day

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , — Nicholas @ 15:43

Darlene Storm offers this cheery little nugget of information (from a post back in December):

Dear Americans: If you are not “authorized” personnel, but you have read, written about, commented upon, tweeted, spread links by “liking” on Facebook, shared by email, or otherwise discussed “classified” information disclosed from WikiLeaks, you could be implicated for crimes under the U.S. Espionage Act — or so warns a legal expert who said the U.S. Espionage Act could make “felons of us all.”

As the U.S. Justice Department works on a legal case against WikiLeak’s Julian Assange for his role in helping publish 250,000 classified U.S. diplomatic cables, authorities are leaning toward charging Assange with spying under the Espionage Act of 1917. Legal experts warn that if there is an indictment under the Espionage Act, then any citizen who has discussed or accessed “classified” information can be arrested on “national security” grounds.

H/T to Bruce Schneier for the link.

April 14, 2011

British high court rules 2009 G20 “kettling” illegal

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 09:29

While I may disagree with the protesters and their messages, the police “kettling” technique has always disturbed me far more. Britain’s high court has now ruled that police broke the law while kettling G20 protesters in 2009:

In a landmark judgment on Thursday, high court judges found for protesters who had claimed police treated them unfairly. It also criticised the use of force by officers.

In the case, the court heard that officers used punches to the face, slaps and shields against demonstrators who police chiefs accept had nothing to do with violence. The judgment does not strike down the police tactic of kettling or mass detention, but it will be seen as a rebuff to the Met.

The judgment places limits on the use of kettling. It says: “The police may only take such preventive action as a last resort catering for situations about to descend into violence.”

April 13, 2011

Ontario now closer to legal marijuana after court decision

Filed under: Cancon, Health, Law, Liberty — Tags: , , , — Nicholas @ 07:30

This news was rather unexpected (that is, I didn’t expect it):

Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot.

The court declared the rules that govern medical marijuana access and the prohibitions laid out in Sections 4 and 7 of the act “constitutionally invalid and of no force and effect” on Monday, effectively paving the way for legalization.

If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.

This is great news for those who need pot for pain relief: even though medical marijuana has been theoretically available for years, in practical terms, many could not get their doctors to sign the necessary paperwork.

In what will be a very obscure reference to non-Ontarians, Andrew Coyne twittered, “A place to grow . . .”

Update: However, carbon counters may be less than impressed, as a new study claims that marijuana “grow ops” alone consume 1% of the energy of the US:

Stoners are helping destroy the planet. Not by excessive snacking, but thanks to the high-energy demands of indoor marijuana cultivation. So says a US Government policy analyst with a Puritanical streak and an EYE for a SHOUTY HEADLINE.

Evan Mills, who works at Lawrence Livermore Labs but conducted the study in his own time, estimates that indoor pot growing accounts for 1 per cent of energy usage in the United States, with each spliff representing two pounds of CO2 emission. Heavy.

About 32 per cent of energy in the cultivation process is used by lighting equipment, including motorised lamp rails; 26 per cent by ventilation systems and dehumidifiers; 18 per cent by air conditioning; and the rest… uh, we can’t remember.

So, on current trends, just as the drug war heaves its final dying breath and marijuana is legalized in the United States, it’ll be banned under Green economy rules, right?

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