Quotulatiousness

November 16, 2010

Helpless

Filed under: Books, Bureaucracy, Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 13:17

The National Post is publishing some exerpts from Christie Blatchford’s latest book, Helpless:

But now, occupiers were showing up in force, at least a dozen of them converging on the lone OPP officer, who had already determined that the driver had no licence, no permit and no insurance — oh, and that the car had no plates. He called for backup, a plea that, in the normal course of events in the policing world, usually brings an enormous, instantaneous, gut-level response: Every cop who can get there does.

No one arrived.

In what was probably the single most important early indicator of how the OPP was disintegrating from within, its officers were no longer answering a call for help from one of their own. The constable had been left to fend for himself.

Furious, heartsick, he did what he could — cautioned the driver — and left before things got ugly. Back at the station, he filed a formal complaint. Within a matter of weeks, he was verbally disciplined for having created a possible “flashpoint.”

It was a sign of things to come. The occupation was just a month old, and whenever OPP officers dared speak up about the way things were going, they were slapped down.

It was such an urgent threat that only a week later, the authorities reacted

Filed under: Britain, Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 08:29

A good round-up of the “Twitter bomber” case:

It all started with a moment of grumpy sarcasm on Twitter. Frustrated that his planned trip to Northern Ireland was put in jeopardy by heavy snow at Robin Hood Airport in Doncaster, Mr Chambers whipped out his iPhone and posted the following message on the social networking site: ‘C***! Robin Hood Airport closed. You have got a week to get your s*** together, otherwise I’m blowing the airport sky high!’

A week later, he was in a police ­station being quizzed as a potential terrorist. He was eventually prosecuted under a law aimed at nuisance calls rather than under legislation for bomb hoaxes, which requires stronger evidence of intent.

After all, it was plain as a pikestaff that Mr Chambers didn’t have any intent to bomb anything at all. Even so, he was hauled before magistrates, found guilty of sending a menacing electronic communication and fined £385. A few days ago, Mr Chambers lost his appeal against his conviction and sentence.

He will now have to pay £2,600 legal costs as well. Judge Jacqueline ­Davies, who was sitting with two magistrates, ruled the tweet was ‘menacing in its content and obviously so’, claiming ‘any ordinary person’ would ‘be alarmed’ by it.

A child protection service with too many failures

Filed under: Britain, Bureaucracy, Law — Tags: , , , — Nicholas @ 08:18

Christopher Booker says that Britain’s bureaucracy to look out for the interests of children is badly off-mission:

For parents who fall foul of this system, often on no more evidence than malicious hearsay, the first shock is to find themselves treated like dangerous criminals. To seize children, social workers seem able to enlist the unquestioning support of the police, who arrive mob-handed, six or eight at a time, beating down doors, tearing babies from their mothers’ arms, holding parents in custody for up to 36 hours while their children are removed into foster care.

The parents must then wrestle with a Kafka-esque system rigged against them in every way. They find themselves in courts where every normal principle of British justice has been stood on its head. Social workers may give written evidence to a judge which the parents aren’t allowed to see. The most outrageous hearsay evidence may be accepted by the court without the parents even being allowed to cross-examine on it.

A key part is played by evidence from supposed “experts”, psychiatrists or paediatricians who may be paid up to £35,000 for their reports, and who receive regular work from the social workers involved. Parents are forbidden to call their own independent experts to challenge a case made against them. They are, all too often, pressured into being represented by lawyers who, again, work regularly for the council, who fail to put their case and who turn out to be just part of the same system.

Parents may be forbidden to testify on their own behalf, but must listen for hours, even days, to everyone else involved — including their own lawyers — putting what amounts to a case for the prosecution. The guardian appointed to represent the interests of the child may never have met the child and merely endorses whatever the social workers say.

Not surprisingly, these bizarre practices are so geared to the interests of a corrupted system that, in the latest year for which we have figures (2008), of 7,340 applications for care orders made by social workers, only 20 were refused.

Meanwhile, the children themselves are handed over to foster homes, which receive £400 a week or £20,000 a year for each child, and where many are intensely unhappy and not infrequently abused. Foster carers and social workers routinely conspire to tell bewildered children that their parents neither love them nor want them back. Children and parents meet at rigorously supervised “contact sessions”, where any expression of affection or attempt to discuss why the children have been taken from home may be punished by termination of the session or denial of further contact.

November 12, 2010

Another G20 meeting, another blow against free speech

Filed under: Cancon, Law, Liberty — Tags: , , , — Nicholas @ 09:45

If you followed the progress of the last G20 meeting in Toronto, you’ll recall the street theatre it gave rise to. The politicians meeting behind barricades, barbed wire, and thousands of police and soldiers weren’t the story — the story was the protest. In turns, it was peaceful, randomly vandalistic, and then violently suppressed. I was generally against the whole thing, both the G20 itself and the protests that were generated by its presence.

Christopher Hume has been attending the Canadian Civil Liberties Association public meetings about the events of that weekend:

In anticipation of the violence that has become de rigueur at such gatherings, South Korea has mobilized 50,000 police officers and put its armed forces on the highest security alert.

Sound familiar? It should. We did exactly the same thing — and in the process revealed ourselves to be oafs. And not just oafs, but nasty oafs.

Just how nasty is being documented by the Canadian Civil Liberties Association. It’s holding public meetings this week in Toronto and Montreal to hear from victims of police violence at the G20. Their stories were at once riveting and tedious. Riveting because the pain is so obviously real; tedious because they’re all the same.

The fact is that G20 summits have no place in the city. The gatherings, which come with full imperial trappings, are a contemporary version of the Field of the Cloth of Gold. That was the legendary meeting in 1520 between King Henry VIII of England and King Francis I of France. As the name implies, it was a diplomatic extravaganza where fountains flowed with wine, where palaces were constructed — and where nothing was accomplished.

[. . .]

A city is its infrastructure. That infrastructure is what we inhabit, and what enables us to inhabit the city. But because of security concerns, G20 organizers and their uniformed henchmen feel they must shut down that infrastructure, and with it, the city.

The tales of police callousness and brutality being heard at the CCLA are a disturbing reminder of the lengths to which the state will go to ensure its safety even at the cost of ours. It’s like the old line from the Vietnam War about having to destroy a village in order to save it. In this case, Torontonians, and by extension all Canadians, had their right to security suspended so as not to compromise the participants’ security — or, more to the point perhaps, not to inconvenience these terribly important people.

Earlier posts on the G20 idiocy here.

November 11, 2010

Chinese wine buyers get all-VQA store that Ontario wine buyers can’t have

Filed under: Bureaucracy, Cancon, China, Law, Wine — Tags: , , , — Nicholas @ 12:56

I’m all in favour of improving the visibility and availability of Ontario’s VQA wines in other markets, so this news is both good and infuriating simultaneously:

A couple of weeks ago the Government of Ontario announced the opening of an all-VQA wine store in China (in the city of Zhengzhou, the capital of Henan Province). Oh happy day — now the Chinese can drink (and copy) all the Ontario icewine they want . . . but this begs the question: why should the Chinese have an advantage that we Ontarians do not? Do the Chinese drink more Ontario wine? Why is it so important that China get the opportunity to drink Ontario wines that folks in Thunder Bay, Sault Ste. Marie and Sudbury can not?

I have nothing against the Chinese getting their hands on our wine; I’m glad to see a country embrace our wines as so many of us have embraced their food. But seriously, why should folks living in China have more and better access to Ontario wines then those of us living in the actual province. When I first heard the news, all I could say was an incredulous, “Seriously?” Has Ontario really become, as wine writer Dean Tudor puts it, every time he mentions Ontario, “a have not province”? When it comes to our own wine industry it keeps getting more and more “have not” and won’t get.

See what I mean? Great that they’re opening outlets in a new foreign market, but we still can’t get that kind of opportunity to buy here at home? All-VQA stores have been discussed (and rejected) before, but they’re apparently a great idea for foreign markets.

Update: Fixed the broken link.

Even more reason to believe that ACTA is a bad deal

Filed under: Bureaucracy, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 08:45

From the folks at BoingBoing:

New revelations on ACTA, the Anti-Counterfeiting Trade Agreement (ACTA), a secretive global copyright being privately negotiated by rich countries away from the UN: ACTA will require ISPs to police trademarks the way they currently police copyright. That means that if someone accuses you of violating a trademark with a web-page, blog-post, video, tweet, etc, your ISP will be required to nuke your material without any further proof, or be found to be responsible for any trademark violations along with you. And of course, trademark violations are much harder to verify than copyright violations, since they often hinge on complex, fact-intensive components like tarnishment, dilution and genericization. Meaning that ISPs are that much more likely to simply take all complaints at face-value, leading to even more easy censorship of the Internet with nothing more than a trumped-up trademark claim.

November 10, 2010

“Don’t you know who I am?” UK style

Filed under: Britain, Bureaucracy, Law, Liberty — Tags: , , — Nicholas @ 14:34

It’s all very well to pass restrictions on the peons, but when those restrictions are applied to your aristocratic self, you’re apparently entitled to rant:

Britain’s anti-terror chief launched an astonishing attack on airport security staff after they stopped her taking a banned amount of liquid onto a plane.

Home Office minister Baroness Neville-Jones, in charge of national security, was en route to a Washington summit when she was found to have an over-sized aerosol can in her bag.

[. . .]

The Baroness was ticked off by border staff, who did not recognise her. But she took offence when they told her how important security is.

The 71-year-old Baroness, known for being haughty, ranted: “Of course I know how important it is, I’m the Security Minister.”

It’s so tedious to have to put up with back-chat from the peasantry, isn’t it?

Pat Condell: Free speech in Europe

Filed under: Europe, Law, Liberty, Religion — Tags: , , , — Nicholas @ 12:24

November 9, 2010

How to create false sympathy for “victims”

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 13:16

Adrian MacNair gives a couple of examples of how to manipulate your reader into a sympathetic view of someone who isn’t actually a victim:

In the first instance we have a story about a court pondering whether a person can agree in advance to unconscious sex. It’s not a particularly edifying piece of news as it discusses an Ottawa court case involving a kinky couple who were involved in sex involving asphyxiation.

Although the article focuses on the court’s upcoming ruling of “sexual autonomy”, a quote from a woman’s legal advocacy group, and the background details of the alleged assault, we only learn in paragraph nine about an extremely important detail:

“The woman took her complaint to Ottawa police two months after the alleged assault, when she was seeking custody of the couple’s toddler.”

Two months after the fact, while embroiled in a custody battle. Sounds like something that could have been delivered a little higher in the story. Indeed, one could rewrite it in such a way that implies this parent is using the legal system in a manipulative way that challenges sexual autonomy just to win her kid.

The second case involves the new parents who “lost their seats” on a flight:

And then we get to salient information in paragraph 11. The couple arrived through security 20 minutes before takeoff, and then decided to run their baby [to] the bathroom because he soiled his diaper. This diaper changing took so long that apparently the airline gave away their seats to standby. Sorry, so sad. Too bad.

Journalism students are taught to find a hook or an angle to make the story of interest to the largest possible audience, but these two cases sound like the story is actually being distorted to fit a pre-decided agenda.

November 8, 2010

We’d love to talk about this First Amendment case, but we’re not allowed to

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 13:08

I sometimes wonder if there was ever any point in the US founding fathers putting that pesky Bill of Rights in place, when it’s so easy for those rights to be circumvented:

Liptak, who has seen part of the secret 10th Circuit order that keeps the amicus brief sealed, says one reason the appeals court gave for its decision is that allowing distribution of the brief would help I.J. and Reason publicly make their case that Reynolds is being persecuted for exercising her First Amendment rights. One of their goals, the Court said, “is clearly to discuss in public amici’s agenda.” Obviously, we can’t have that.

It bears emphasizing that the I.J./Reason brief is based entirely on publicly available information. It does not divulge any confidential grand jury information, protection of which is the rationale for sealing the documents related to Reynolds’ case. The only purpose served by sealing it is to make talking about the case harder.

Discouraging public dissent, of course, is how this case got started. Tanya Treadway, the assistant U.S. attorney who prosecuted Stephen and Linda Schneider, was so irked by Reynolds’ public defenses of the couple that she unsuccessfully sought a gag order telling Reynolds to shut up. Later Treadway initiated a grand jury investigation that resulted in subpoenas demanding documents related to Reynolds’ activism as head if the Pain Relief Network (PRN), including a Wichita billboard defending the Schneiders and a PRN documentary about the conflict between drug control and pain control. Those subpoenas, supposedly aimed at finding evidence of obstruction of justice, are the subject of Reynolds’ First Amendment challenge.

First there were those secret laws in the wake of 9/11, now you’ve got courts ordering information on First Amendment cases to be kept from the public. One fears to ask “what’s next” for fear that they’ll already have an authoritarian answer teed up and ready to go.

November 7, 2010

See? Anti-drug education is finally working

Filed under: Education, Law, Liberty — Tags: , , , , , — Nicholas @ 13:37

Now that we can get kids to turn in their parents for pot possession:

Two parents are facing drug charges after their child took their drugs to school and told a school officer his parents were breaking the law.

WBTV is not releasing the names of the parents or the name of the school to protect the child’s identity.

The 11-year-old student is in 5th grade at a an elementary school in Matthews. Police say he brought his parents’ marijuana cigarettes to school when he reported them.

Matthews Police say he reported his parents after a lesson about marijuana was delivered by a police officer who is part of the D.A.R.E. program, which teaches kids about the dangers of drugs, alcohol, and tobacco.

Well, thank goodness that this kid’s parents have been saved! I’m sure they’ll just get a stern talking-to from Officer Friendly, they’ll see the error of their ways, and everyone will go out for ice cream sundaes afterwards!

Poor kid. A brief moment of “doing the right thing” may well have ruined three lives. Nice work, Officer Friendly!

Police say both the 11-year old and a sibling have been removed from the parents’ house by social services. Police say they are staying with relatives.

If there were no relatives handy, the two children would probably become wards of the state. And that is something to wish on nobody.

November 5, 2010

His lawyer said “Vakhtang has been under a great deal of stress”

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 12:14

One sometimes has sympathy for police officers who may harbour suspicions, but are unable to pursue them for a lack of evidence. When the disappearance of Mariam Makhniashvili came to public attention, I wondered if her father might have been the perpetrator (I’m sure the police had similar thoughts), but there was no reported evidence to support that notion.

Since then, Vakhtang Makhniashvili has been involved in a series of incidents that can only reinforce any suspicions:

Trouble seems to be following Vakhtang: his daughter disappeared in September 2009, he was arrested in May after allegedly stabbing his neighbour and in December 2008, was charged with lewd conduct in Los Angeles related to an alleged obscene incident in front of a daycare centre, but was was later acquitted.

That’s why yesterday’s incident seems, in retrospect, almost inevitable:

[Vakhtang Makhniashvili] has also been charged with aggravated assault and fail to comply with recognizance following a double stabbing in the city’s east end on Thursday.

A man and a woman were stabbed inside a home at 10 Greenwood Ave., near Queen Street East.

On Thursday, blood stains could be seen on the front porch and a trail of blood was splattered on the sidewalk.

Police told 680News Vakhtang was in the couple’s home where a verbal argument took place, and that ended with the pair being stabbed multiple times.

Yes, yes, presumption of innocence, etc. But it’s even harder to believe after all of this that he didn’t have something to do with the Mariam Makhniashvili case, isn’t it?

Now the sale of bogus explosive detectors makes more sense

Filed under: Britain, Law, Middle East, Technology — Tags: , , , — Nicholas @ 08:58

Remember a couple of items from earlier this year about a British manufacturer being arrested for selling fake bomb detection devices called the ADE-651? These devices were claimed to be so sensitive that they could even “detect elephants, humans and 100 dollar bills”. I figured that it was all just a kickback scam, but Strategy Page explains how the scam was not only possible but easy:

But it wasn’t just bribes that made the ADE 651 survive over a year of use in Iraq. Arabs, more than many other cultures, believe in magic and conspiracies. After the September 11, 2001 attacks in the United States, many Moslems again blamed Israel. A favorite variation of this is that, before the attacks on the World Trade Center, a secret message went out to all Jews in the area to stay away. Another variation has it that the 19 attackers (all of them Arab, 15 from Saudi Arabia) were really not Arabs, but falsely identified as part of the Israeli deception.

[. . .]

American troops arriving in Iraq go through a real culture shock as they encounter these cultural difference. They also discovered that the cause of this, and many other Arab problems, is the concept of “inshallah” (“If God wills it.”) This is a basic tenet of Islam, although some scholars believe the attitude preceded that religion. In any event, “inshallah” is deadly when combined with modern technology. For this reason, Arab countries either have poorly maintained infrastructure and equipment (including military stuff), or import a lot of foreigners, possessing the right attitudes, to maintain everything. That minority of Arabs who do have the right attitude towards maintenance and personal responsibility are considered odd, but useful.

The “inshallah” thing is made worse by a stronger belief in the supernatural, and magic in general. This often extends to technology. Thus many Iraqis believe that American troops wear sunglasses that see through clothing, and armor vests that are actually air conditioned. When they first encounter these beliefs, U.S. troops think the Arabs are putting them on. Then it sinks in that Arabs really believe this stuff. It’s a scary moment.

However, many troops learn to live with, and even exploit, these odd beliefs. Troops at one base discovered that they weren’t being attacked much, because many of the locals believed that the base was surrounded by a force field, so the troops would casually make reference to their force field, when they were outside the wire and among the locals. This reinforced the force field myth, and made the base safer. Other troops would invent new fantasies, like a pretending that a handheld bit of military electronics was actually a mind reading device. That often made interrogations go a lot quicker. Not all Arabs believe in this stuff, and those that didn’t and worked for the Americans, often as an interpreter, could only shrug their shoulders when asked about it.

November 4, 2010

Chutzpah, or the new Cook’s Source plagiarism service now open

Filed under: Food, Law, Media — Tags: , — Nicholas @ 12:19

Did you know that the internet is not public domain? The editors at Cook’s Source apparently thought it was, because they printed an article without the permission of the original author, and then told her that she should be happy they didn’t bill her for editing it. (It’s an article on medieval cooking, with original spelling preserved from the source texts: of course it would look weird to a modern eye.)

The exchanges between the original author and the editor make for amusing reading:

After the first couple of emails, the editor of Cooks Source asked me what I wanted — I responded that I wanted an apology on Facebook, a printed apology in the magazine and $130 donation (which turns out to be about $0.10 per word of the original article) to be given to the Columbia School of Journalism.

What I got instead was this (I am just quoting a piece of it here:)

“Yes Monica, I have been doing this for 3 decades, having been an editor at The Voice, Housitonic Home and Connecticut Woman Magazine. I do know about copyright laws. It was “my bad” indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things.

But honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offence and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally. Now it will work well for your portfolio. For that reason, I have a bit of a difficult time with your requests for monetary gain, albeit for such a fine (and very wealthy!) institution. We put some time into rewrites, you should compensate me! I never charge young writers for advice or rewriting poorly written pieces, and have many who write for me… ALWAYS for free!”

H/T to John Scalzi for the link.

November 2, 2010

This is either App-alling or App-ealing, depending on your party affiliation

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

There’s now an iPhone app for reporting suspicious election activity:

Just in time for Election Day, American Majority Action has created the nation’s first mobile application to help identify, report and track suspected incidents of voter fraud and intimidation. This free, cutting edge system will enable voters to take action to help defend their right to vote. Whether you’re a campaign junkie, or just want a better America, Voter Fraud will help you report violations at the election booth and serve to uphold the democratic process.

H/T to Ace of Spades HQ for the link.

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