Quotulatiousness

February 26, 2011

Arrested, beaten, tortured, and charged with treason . . . for watching viral videos

Filed under: Africa, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 11:00

No matter how you say it, Zimbabwe is seriously screwed up:

Munyaradzi Gwisai, a lecturer at the University of Zimbabwe’s law school, was showing internet videos about the tumult sweeping across North Africa to students and activists last Saturday, when state security agents burst into his office.

The agents seized laptop computers, DVD discs and a video projector before arresting 45 people, including Gwisai, who runs the Labor Law Center at the University of Zimbabwe. All 45 have been charged with treason — which can carry a sentence of life imprisonment or death — for, in essence, watching viral videos.

Gwisai and five others were brutally tortured during the next 72 hours, he testified Thursday at an initial hearing.

There were “assaults all over the detainees’ bodies, under their feet and buttocks through the use of broomsticks, metal rods, pieces of timber, open palms and some blunt objects,” The Zimbabwean newspaper reports, in an account of the court proceedings.

Under dictator Robert Mugabe, watching internet videos in Zimbabwe can be a capital offense, it would seem. The videos included BBC World News and Al-Jazeera clips, which Gwisai had downloaded from Kubatana, a web-based activist group in Zimbabwe.

February 25, 2011

What the large print giveth, the small print taketh away

Filed under: Britain, Law, Technology — Tags: , , — Nicholas @ 09:03

Ever read the fine print of a contract to discover that the actual term of the contract contradicts the claims? Britain’s Office of Fair Trading is looking into this practice:

Companies whose small print changes the basis of consumer deals will face investigation by consumer regulator the Office of Fair Trading (OFT), it has said. According to the OFT, one in five consumers had experienced a contract problem in the last year.

The OFT has set out the criteria it will use to judge whether or not consumer contracts are unfair and should be investigated by it. The crucial factor determining the fairness of contracts will be the consumer’s understanding of what the contract means.

If the small print of terms and conditions alters the contract from what a consumer would understand it to mean from other claims made by a company, that is likely to be harmful and could be unlawful, the OFT said in a paper on unfair contracts.

“Our approach to identifying the potential for harm from a particular contract, before considering whether there is any breach of law, is to assess whether a contract term changes the deal from what consumers understand it to be,” said the OFT’s paper.

“One way in which a contract term can change the deal is where there are surprises buried in the small print,” it said. “Our research found that for 80 per cent of those who had experienced a problem with a consumer contract, the problem came as a surprise.”

February 24, 2011

The truth about software licenses

Filed under: Humour, Law, Media, Technology — Tags: — Nicholas @ 07:53

Dilbert.com

Wisconsin’s proposed labour laws not uncommon

Filed under: Bureaucracy, Government, Law, USA — Tags: , , — Nicholas @ 07:07

To read all the huffing and puffing, you might get the impression that if the proposed labour law changes be enacted, Wisconsin public workers would be uniquely disenfranchised. As Josh Barro points out, however, that’s not very accurate:

The truth, as laid out in a GAO report from 2002, is that there are already 12 states with no public employee collective bargaining law at all. In these states, state workers have no right to collective bargaining; local employees have collective bargaining only if local elected officials choose to grant it. (And in a few states, notably Virginia and North Carolina, state law forbids localities to allow collective bargaining.) Another 12 states grant collective bargaining rights only to certain classes of employees, such as only state workers or only teachers. Only 26 states have a collective bargaining law covering nearly all public workers.

So that means that the model from which Walker proposes to break, much to the horror and outrage of public worker unions and their backers, is a model only actually followed by 25 other states. And indeed, by retaining limited bargaining rights for most workers (and fuller rights for a few classes, including police and firefighters) Walker is going less far in restricting public-sector collective bargaining than a substantial number of states already do.

H/T to Walter Olson for the link.

February 23, 2011

Ontario actually considers liberalizing (some) liquor laws

Filed under: Bureaucracy, Cancon, Government, Law — Tags: , , — Nicholas @ 13:00

It’s a rare, rare thing for the Ontario government to consider any kind of liberalization, but especially one involving booze:

Could Ontario be saying good-bye to beer tents? The province’s government announced on Wednesday that it would be asking for public input on a series of possible liquor law changes.

Some of the changes considered would include relaxing the liquor laws at events and festivals, meaning drinkers would no longer be sequestered in beer tents, but could wander with a drink in hand.

It would also allow one-off event permit holders — weddings, parties and fundraisers, for example — to serve booze until 2 a.m., bringing their serving hours into line with bars. Current laws require special occasion permit holders stop serving alcohol at 1 a.m., with the exception of New Year’s Eve, when it’s 2 a.m.

Don’t hold your breath — this is still bluestockinged Ontario — but just the idea that they’re willing to discuss changes is heartening.

February 22, 2011

Former UK Home Secretary shocked to discover the internet awash in porn

Filed under: Britain, Government, Law, Liberty — Tags: , , , — Nicholas @ 07:52

The amusing thing is that she lead a major effort to suppress “extreme porn” while in office:

Former Home Secretary Jacqui Smith has professed herself “shocked” at the availability of porn on the internet after investigating the issue for a radio documentary.

Which raises the question of what exactly she thought she was cracking down on during her time in charge of law and order.

[. . .]

Smith told the Radio Times that during her research for the documentary, she had been “shocked” to discover how much hard-core material was washing around the net. And so much of it for absolutely no cost at all.

She admitted that after the pay-per-view smut scandal had broken, her son had said: “Dad, haven’t you heard of the internet?” Smith was also shocked by a visit to the Erotica exhibition, where confronted by the likes of the Monkey Spanker and artisan-built bondage furniture, “I felt completely innocent.

That Smith was ignorant of the amount of porn available on the internet seems incredible, given that during her time in government Labour cracked down hard on “extreme porn”. Smith’s Home Office also sought to clamp down on extremism on the internet, and to track all the UK’s browsing habits via a vast uber-database, the Interception Modernisation Programme. Surely some her staff might have noticed there’s lots of smut out there as well?

February 19, 2011

QotD: “Would Shakespeare Have Survived Today’s Copyright Laws?”

Filed under: Law, Media, Quotations — Tags: , , — Nicholas @ 00:05

Turow, along with Authors Guild executive director Paul Aiken and Authors Guild board member (and apparent Shakespeare expert) James Shapiro, have an op-ed piece in the NY Times that a whole bunch of you have been sending in, in which they assert that Shakespeare might not have been able to survive the web era, because of all of this “piracy.” The argument is quite a bit stretched, but see if you can follow me: because playwrights had physical scarcity, in that they could keep people out of the playhouses unless people paid to enter, it allowed playwrighting to flourish. They call this a “cultural paywall.” Then there’s some sort of bizarre leap about how copyright is really the same thing. It’s not. And, then it leaps to something about how stricter copyright laws are, ipso facto, better. The evidence for this? Shhhh, don’t bother the Authors Guild bosses with logic! And, of course, the inevitable punchline is the idea that Shakespeare wouldn’t have survived in this online era with all this piracy and stuff.

Of course, it’s difficult to think of a worse example than Shakespeare for this argument (and sort of bizarre that Shapiro would sign off on an op-ed that so thoroughly misrepresents Shakespeare). Of course, as most of you know, an awful lot of Shakespeare’s works are copies (sometimes directly) of earlier works. Sometimes they’re derivative, but other times, he copied wholesale from others. So the bigger question might not be if Shakespeare could survive all the file sharing going on today, but whether or not he’d be able to produce any of his classic works, since they’d all be tied up in lawsuits over copyright infringement.

Mike Masnick, “Would Shakespeare Have Survived Today’s Copyright Laws?”, Techdirt, 2011-02-18

February 18, 2011

Red light cameras

Filed under: Government, Law — Tags: , , — Nicholas @ 00:03

Some frightening footage of traffic accidents from a few years ago, posted to one of the mailing lists I’m moderately active on.

Note that most of these accidents would not be prevented by red light cameras: you can’t stop inattentive idiots from being idiots just by taking photos of the license plate on the vehicle. However, several of the accidents could have been avoided if the non-infringing drivers were a bit more attentive. Dennis Lippert responded to this video and the pro-red light camera fans thusly:

As usual, the majority of the crashes on the video probably would have been avoided if the “innocent” driver had been paying attention to his surroundings. Proving, again, that driving is not to be taken lightly… not to be done while texting… or talking… or doing anything else, really…

I’m all for this sort of camera… just a video overview of the intersection… which can be used to let law enforcement see what happened after a crash.

I’m staunchly against red-light-cameras as they’ve been implemented as revenue devices…. from which some 75% of the revenue comes from folks who innocently slipped thru a red-light a second or so after it changed… and before the cross traffic started into the intersection.

It has been proven that lengthening the yellow light by a second
decreases the incidence of red-light-running by something like 50%
per second of extra time…

Red-light-cameras will not stop the folks who simply aren’t paying attention at all… or who are wantonly disobeying. All they do is generate revenue from harmless slight-offenders.

Since they generally sent most of the profits to the company that
installs the system, rather than to the municipality, this makes
perfect sense. More tickets = more money. So the systems are designed for maximum revenue… not optimal safety.

As Dennis points out, red light cameras are like speed traps in that they’re revenue generators first and only public safety enforcement a distant second.

February 14, 2011

The plod may not get around to protecting you, but you’ll be charged if the burglar is hurt while stealing your stuff

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 12:04

Ah, England. Land of green hills, picturesque village pubs, and absolutely daft law enforcement priorities:

A spate of thefts in several towns and villages in Kent and Surrey over the past few months led to many householders taking action to protect their property.

Some have been warned by police that using wire mesh to reinforce shed windows was ”dangerous’’ and could lead to criminals claiming compensation if they ”hurt themselves’’.

Thieves target sheds to steal lawnmowers, power drills, bicycles and a variety of DIY tools.

Thomas Cooper, of Tatsfield, Surrey, used wire mesh to protect three of his garden sheds after two break-ins over the past four years. He decided to take action after reports of a rise in garden raids in the area.

Mr Cooper said: “I reinforced my shed windows with wire mesh, but was told by the police I had to be very careful because thieves can actually sue you if they get hurt.

”It is ridiculous that the law protects them even though they are breaking it.”

It’s getting to the stage that I’m expecting to hear the police in some English town declare that locking your doors and windows will no longer be allowed because of the risks to burglars. That’s only a tiny bit more ridiculous than what they’re already saying.

H/T to Damian Penny for the link.

Update, 2 March: Eugene Volokh does a bit more digging on the original story:

Some readers expressed doubt about the accuracy of the news stories on which I relied, so I e-mailed the Surrey Police Department for more information. Here’s what I learned.

February 12, 2011

Just an ordinary traffic accident, until the sword fight breaks out

Filed under: Law, Randomness — Tags: , , — Nicholas @ 00:08

By way of David Stamper’s Facebook update, a sad story of how ordinary attempted vehicular homicide turned into . . . a sword fight:

A hit-and-run collision Wednesday followed by a brief sword fight led police to arrest a 25-year-old man for assault.

About 4 p.m., the Sunnyside man spotted a 27-year-old rival and intentionally rammed his 1981 Ford F-150 pickup into the man’s vehicle as he backed out of his driveway in the 100 block of South 11th Street, said Charlotte Hinderlider, Sunnyside police spokeswoman.

The alleged assailant brandished a sword, swinging it at his enemy, who had climbed out of his own vehicle, Hinderlider said.

The suspect fell, giving the victim time to pick up a machete that happened to be laying in his yard and defend himself from his alleged attacker, Hinderlider said. Meanwhile, the victim’s mother, still in the vehicle, dialed 9-1-1 from her cellular phone.

You can’t really call yourself a swordsman if your intended victim can pick up a machete that “happened to be laying in his yard” and successfully defend himself. The report doesn’t spell out the actual weapon used, but it doesn’t seem to show that the attacker actually knew what the hell to do with whatever kind of sword he was using.

For those of you following along at home: you wound with the edge, but you kill with the point. The wounds may be painful, nasty, and gruesome, but if you’re trying to kill someone, the sword is a thrusting weapon, not a slashing weapon.

February 11, 2011

Human hacking: the overconfident CEO

Filed under: Law, Media, Technology — Tags: , , , — Nicholas @ 07:19

An interesting story at PC World talks about the methods used to get inside information on individuals and companies:

“He was the guy who was never going to fall for this,” said Hadnagy. “He was thinking someone would probably call and ask for his password and he was ready for an approach like that.”

After some information gathering, Hadnagy found the locations of servers, IP addresses, email addresses, phone numbers, physical addresses, mail servers, employee names and titles, and much more. But the real prize of knowledge came when Hadnagy managed to learn the CEO had a family member that had battled cancer, and lived. As a result, he was interested and involved in cancer fundraising and research. Through Facebook, he was also able to get other personal details about the CEO, such as his favorite restaurant and sports team.

Armed with the information, he was ready to strike. He called the CEO and posed as a fundraiser from a cancer charity the CEO had dealt with in the past. He informed him they were offering a prize drawing in exchange for donations — and the prizes included tickets to a game played by his favorite sports team, as well as gift certificates to several restaurants, including his favorite spot.

The CEO bit, and agreed to let Hadnagy send him a PDF with more information on the fund drive. He even managed to get the CEO to tell him which version of Adobe reader he was running because, he told the CEO “I want to make sure I’m sending you a PDF you can read.” Soon after he sent the PDF, the CEO opened it, installing a shell that allowed Hadnagy to access his machine.

When Hadnagy and his partner reported back to the company about their success with breaching the CEO’s computer, the CEO was understandably angry, said Hadnagy.

“He felt it was unfair we used something like that, but this is how the world works,” said Hadnagy. “A malicious hacker would not think twice about using that information against him.”

Takeaway 1: No information, regardless of its personal or emotional nature, is off limits for a social engineer seeking to do harm

Takeaway 2: It is often the person who thinks he is most secure who poses the biggest vulnerability. One security consultant recently told CSO that executives are the easiest social engineering targets.

February 10, 2011

Reason.tv responds to Hillary Clinton

Filed under: Economics, Law, Liberty, Politics, Wine — Tags: , , , — Nicholas @ 12:55

February 7, 2011

Licensing as a tool for restricting competition

Filed under: Bureaucracy, Economics, Government, Law — Tags: , , , — Nicholas @ 12:21

Stephanie Simon addresses the pro and con positions on licensing for various jobs:

[E]conomists — and workers shut out of fields by educational requirements or difficult exams — say licensing mostly serves as a form of protectionism, allowing veterans of the trade to box out competitors who might undercut them on price or offer new services.

“Occupations prefer to be licensed because they can restrict competition and obtain higher wages,” said Morris Kleiner, a labor professor at the University of Minnesota. “If you go to any statehouse, you’ll see a line of occupations out the door wanting to be licensed.”

[. . .]

At a time of widespread anxiety about the growth of government, the licensing push is meeting pockets of resistance, including a move by some legislators to require a more rigorous cost-benefit analysis before any new licensing laws are approved. Critics say such regulation spawns huge bureaucracies including rosters of inspectors. They also say licensing requirements — which often include pricey educations — can prohibit low-income workers from breaking in to entry-level trades.

Texas, for instance, requires hair-salon “shampoo specialists” to take 150 hours of classes, 100 of them on the “theory and practice” of shampooing, before they can sit for a licensing exam. That consists of a written test and a 45-minute demonstration of skills such as draping the client with a clean cape and evenly distributing conditioner. Glass installers, or glaziers, in Connecticut — the only state that requires such workers to be licensed — take two exams, at $52 apiece, pay $300 in initial fees and $150 annually thereafter.

California requires barbers to study full-time for nearly a year, a curriculum that costs $12,000 at Arthur Borner’s Barber College in Los Angeles. Mr. Borner says his graduates earn more than enough to recoup their tuition, though he questions the need for such a lengthy program. “Barbering is not rocket science,” he said. “I don’t think it takes 1,500 hours to learn. But that’s what the state says.”

In harder economic climates, expect to see a push towards trying to get some form of certification or licensing imposed in new fields. For example, I’ve seen several attempts to introduce mandatory certification for technical writers, usually with the intent of limiting access to the (reduced) pool of writing jobs in the field. Usually the biggest fans of certification are those who think they’re in a good position to dictate the requirements for certification (and often run courses/seminars which, I assume, would automatically appear in the final list of requirements).

February 3, 2011

Tools for protest marchers: anti-kettling app

Filed under: Law, Liberty, Media, Middle East, Technology — Tags: , , , , , , — Nicholas @ 07:20

Patrick Kingsley talks to the developers of “Sukey”, a new mobile phone app intended to help protesters avoid being kettled by police:

Cairo, it wasn’t. But at about a quarter to four last Saturday afternoon, on a crowded backstreet in central London, something happened outside the Egyptian embassy that deserves at least a footnote in the annals of protest history. A crowd of students weren’t kettled.

In the context of recent British protests, this was a near-miracle. At each of the previous four major student protests in London since the Millbank riot on 10 November, police have kettled — or, in their terminology, “contained” — thousands of protesters, preventing them from leaving an area for several hours, and often from accessing basic amenities such as food, water and toilets.

Police kettle protesters supposedly to quell violence, but protesters arguably only turn to violence out of frustration at being kettled. Most notoriously, police trapped hundreds of teenage schoolchildren inside a tight grid on Whitehall on 24 November — and only subsequently did a few of them smash up a police van abandoned in their midst.

Saturday’s non-kettle, then, was a victory in itself. But the real excitement wasn’t that it didn’t happen — but how it didn’t happen. It is difficult to pinpoint exactly why police and protesters behave in a certain way at a certain time, but one explanation for the kettle’s failure to form lies with a new communications network, which launched that afternoon: Sukey.

February 1, 2011

Football players behaving badly (again)

Filed under: Football, Law — Tags: , , , — Nicholas @ 07:34

A report on another NFL player’s run-in with the law:

Los Angeles police used a Taser to subdue former USC football standout Everson Griffen after he allegedly assaulted an officer during a traffic stop near campus, department officials said Monday night.

Griffen, now a member of the Minnesota Vikings, was booked on suspicion of felony battery after the incident, which was reported about 4 p.m. Monday at 30th and Hoover streets, said LAPD spokeswoman Karen Rayner.

The incident took place during a routine traffic stop, Rayner said. Officers asked Griffen for his license, which turned out not to be valid, according to sources familiar with the investigation. Griffen then told them “he did not want to go back to jail” and sprinted away from the officers, who caught up with him after a short distance.

Well, it’s not the “Love Boat” all over again, but it’s still sad to watch yet another NFL player endangering his career through brushes with law enforcement.

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