Quotulatiousness

December 11, 2010

“They came close to drawing their guns on protesters, who were heard to chant ‘off with their heads'”

Filed under: Britain, Law, Politics — Tags: , , , , — Nicholas @ 00:39

The close call reported earlier now seems to have been even closer:

Officers guarding the royal couple were using radios on a different channel from those patrolling Thursday’s student riots, meaning they received no warning that protesters were blocking their route.

As a result, dozens of thugs subjected the convoy to an attack in which the Duchess was jabbed in the ribs with a stick through an open car window as the couple were being driven to the Royal Variety Performance.

Sir Paul Stephenson, the Metropolitan Police Commissioner, praised armed protection officers for showing “very real restraint”, suggesting that they came close to drawing their guns on protesters, who were heard to chant “off with their heads”.

I’m pretty far from being a staunch royalist, but this incident was an “own goal” on the part of the protesters. There are many ways to express your concern and anger, but attacking innocent bystanders will usually lose you the public support you might otherwise be able to depend on. Attacking members of the royal family — who don’t have a constitutional role in setting government policy — is just plain stupid.

H/T to Chris Greaves for the link.

Update: Chris followed up with this observation.

[. . .] just between you and me I was struck by the parallels between the accounts of Charles & Camel, and the minute-by-minute goof-ups of Archduke Wossit and his morgantic wife; the chauffeur taking a wrong turn on the way back from the town hall, the poor security in place, etc.

Any would-be republicans should be blessing their luck that this turned out to be less harmful than the Sarajevo incident in 1914. Had any harm come to the Prince of Wales, British public opinion would (based on past events) have swung heavily in favour of the royal family. Prince Charles is perhaps the least well-liked royal at the moment, but if he’d been “martyred” by the mob, do you think there’d be any hope for getting rid of the monarchy for at least another generation?

December 10, 2010

The Economist: “America … should learn from its mistakes in the past decade and stick to its own rules”

Filed under: Bureaucracy, Law, USA — Tags: , , , , , — Nicholas @ 08:23

A very good column in The Economist seems to cover the issues quite well:

BIG crimes deserve tough responses. In any country the theft and publication of 250,000 secret government documents would deserve punishment. If the leak costs lives, let alone the careers and trust that have already perished amid the WikiLeaks disclosures, the case for action is even stronger.

[. . .]

For the American government, prosecution, not persecution, offers the best chance of limiting the damage and deterring future thefts. The blustering calls for the assassination of Julian Assange, the WikiLeaks founder now in custody in London awaiting extradition to Sweden on faintly mysterious charges of sexual assault, look both weak and repellent. If Mr Assange has broken American law, it is there that he should stand trial, just like Bradley Manning, the alleged source of the stolen documents. If not, it may be some consolation that the cables so far reveal a largely flattering picture of America’s diplomats: conscientious, cool-headed, well-informed, perceptive and on occasion eloquent.

[. . .]

If America sticks to those standards now it will display a strength and sanity that contrasts with the shrill absolutism and cyber-vandalism of the WikiLeaks partisans. Calling Mr Assange a terrorist, for example, is deeply counterproductive. His cyber-troops do not fly planes into buildings, throw acid at schoolgirls or murder apostates. Indeed, the few genuine similarities between WikiLeaks and the Taliban — its elusiveness and its wide base of support — argue against ill-judged attacks that merely broaden that support. After a week of clumsy American-inspired attempts to shut WikiLeaks down, it is now hosted on more than 700 servers around the world.

The big danger is that America is provoked into bending or breaking its own rules, straining alliances, eroding credibility and — because it will not be able to muzzle WikiLeaks — ultimately seeming impotent. In recent years America has promoted the internet as a menace to foreign censorship. That sounds tinny now. So did its joy of hosting next year’s World Press Freedom Day this week. Chinese and Russian glee at American discomfort are a sure sign of such missteps.

H/T to John Perry Barlow for the link.

Update: This certainly matches what I expected Julian Assange’s personality to be like:

Defectors include Daniel Domscheit-Berg, otherwise known as Daniel Schmitt, who made a high-profile exit from WikiLeaks in September, and Herbert Snorrason, an Icelandic student. Both resigned in September. Snorrason is quoted as telling Assange, in an online chat log acquired by WiReD:

And you’re not even fulfilling your role as a leader right now. A leader communicates and cultivates trust in himself. You are doing the exact opposite. You behave like some kind of emperor or slave trader.

Snorrason’s departure was fomented by this declaration from Assange:

I am the heart and soul of this organization, its founder, philosopher, spokesperson, original coder, organizer, financier and all the rest. If you have a problem with me, piss off.

And he did.

December 9, 2010

QotD: Ontario’s “restrictive, puritanical, liquor laws”

Filed under: Bureaucracy, Cancon, Law, Liberty, Quotations, Wine — Tags: , , , , , — Nicholas @ 00:20

Later in the trip we were at a Napa Valley winery. During our winery tour, the guide mentioned that if we filled out an order form we could have a case of wine delivered to home or office. Then she stopped, looked at my friend and me, and said, “Oh wait, not to Ontario. You guys are worse than Utah.” She proceeded to list all the countries they ship to, two of which have majority Muslim populations. But Ontario was too much trouble, so they gave up trying. We could buy the wine and bring it over the border ourselves, but if it were to be shipped across the border it would clearly be illegal.

Our restrictive, puritanical, liquor laws are not just limited to restricting products or preventing private stores from selling alcohol. On our trip it became a running joke to point out things that were banned in Ontario. Happy hour is illegal in Ontario. I pointed to a seasonal winter beer in at a convenience store with a cartoon picture of Santa Claus on the label and noted it would be banned in Ontario. There is cheap beer across the U.S. because of intense competition, but Ontario has a price floor of $1.07 per bottle.

So I pose the question that I was asked in the bar in San Francisco. Why are we so puritanical when it comes to alcohol?

Hugh MacIntyre, “Ontario’s liberalism dies at the brewery door”, National Post, 2010-12-08

December 8, 2010

Has anyone seen this Taser?

Filed under: Britain, Humour, Law — Tags: , , , — Nicholas @ 08:32

John Oates has a bit of fun at the expense of the Metropolitan Police:

Police appeal for missing Taser
Shocking loss, but stunning Christmas present

The Metropolitan Police ia appealing for the return of a Taser and four cartridges that were left on the roof of a police car, which was then driven away…

A Met firearms officer attended an early morning briefing at Norfolk Row, Lambeth. After the briefing, possibly focussed on coffee and a bacon sandwich, the copper put the Taser on the roof of the marked police car and drove off.

An hour and a half later it dawned on the unfortunate officer what had happened, by which time the Taser was no longer on the roof.

December 7, 2010

Cool idea . . . don’t expect it to be allowed

Filed under: Bureaucracy, Law, Liberty, Technology — Tags: , , — Nicholas @ 07:24

This is a cool idea:

I am building a radar detector that plugs into your iPhone. When RadarLoc detects radar, it notifies other drivers in the area, making radar effectively visible for miles. I think of it as transparency in government. To the extent that visible traffic enforcement slows traffic, RadarLoc encourages law-abiding behavior.

RadarLoc is open source, open hardware and open data. My plan is to make the radar data available on RadarLoc.org, so anyone can build on it. If you don’t like my app, you can build your own–I tell you how to talk to the hardware and how to use the data service. Information wants to be free.

Unfortunately, radar traps are not actually there to encourage safer driving: they’re there as revenue sources. This is why (at least in some jurisdictions) you’re not supposed to warn other drivers of radar traps, even though by doing so you’re encouraging other drivers to drive more slowly (therefore making the road safer). Radar detectors of any kind are illegal in Ontario, for example.

H/T to Chris Anderson for the link.

Never mind the scientists

Filed under: Britain, Bureaucracy, Government, Law, Science — Tags: , , , — Nicholas @ 07:19

The British government is finding that scientific evidence is getting in the way of what they want to do, so they’re scrapping the requirement to have scientists provide input:

Ministers will not be required to seek the advice of scientists when making drug classification policy in future, under new government proposals.

The police reform and social responsibility bill, published last week, contains an amendment to the constitution of the Advisory Council on the Misuse of Drugs (ACMD) that would remove the requirement on the home secretary to appoint at least six scientists to the committee.

A further amendment to the Misuse of Drugs Act 1971 would allow the home secretary to place temporary controls on substances for a year by statutory instrument.

The proposals will be of concern to the many doctors and scientists who have criticised the government’s treatment of scientific evidence in the wake of the sacking, last year, of ACMD chairman David Nutt. The then home secretary, Alan Johnson, removed Nutt from the post after the scientist criticised politicians for distorting research evidence and claiming alcohol and tobacco were more harmful than some illegal drugs, including LSD, ecstasy and cannabis.

Why waste a great opportunity to get up in front of the media and sound all “tough on crime” just because the scientists say it’s a load of bollocks?

December 6, 2010

QotD: Ignorance of the law is overwhelmingly common, and getting worse

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , , — Nicholas @ 13:07

The maxim “Ignorance of the law is no excuse” made sense back in the days when the only kind of acts that were illegal were genuine crimes that caused palpable harm to innocent victims: murder, rape, theft, etc.

But with the growth of the regulatory state, every individual is now subject to thousands of pages of densely written federal, provincial and municipal statutes and regulations. The law is also embodied in innumerable judicial decisions. And it’s all in continual flux: Regulations are passed without parliamentary debate, and courts release new judgments daily.

There is probably not a single law professor, judge or legislator in Canada who has even a passing familiarity with, let alone full comprehension of, all the laws we are required to obey. The average joe doesn’t stand a chance. We are all potential offenders every day, no matter how law-abiding we might wish to be.

Given this welter of law, how should those responsible for enforcing it conduct themselves?

Karen Selick, “Drop that pig and put your hands in the air”, National Post, 2010-12-06

What happens when a “hoarder” is also an explosives buff

Filed under: Law, Randomness, USA — Tags: , , — Nicholas @ 13:01

Julie Watson reports on the “largest amount of homemade explosives ever found in one location in the U.S.”

Now authorities face the risky task of getting rid of the explosives. The property is so dangerous and volatile that that they have no choice but to burn the home to the ground this week in a highly controlled operation involving dozens of firefighters, scientists and hazardous material and pollution experts.

[. . .]

Bomb experts pulled out about nine pounds of explosive material and detonated it, but they soon realized it was too dangerous to continue given the quantity of hazardous substances. A bomb-disposing robot was ruled out because of the obstacle of all the junk Jakubec hoarded.

[. . .]

“This is a truly unknown situation,” said Neal Langerman, the top scientist at the safety consulting firm, Advanced Chemical Safety in San Diego. “They’ve got a very good inventory of what’s in there. Do I anticipate something going wrong? No. But even in a controlled burn, things occasionally go wrong.”

He said the burning of the house would provide “an amazing textbook study” for bomb technicians in the future.

San Diego County authorities plan to burn the home Wednesday but need near perfect weather, with no rain, no fog, and only light winds blowing toward the east, away from the city. They have warned residents in the danger zone that they will be given less than 24 hours notice to evacuate their homes for a day, and that nearby Interstate 15, connecting the area to San Diego, will be closed.

Update, 8 December: Controlled burn has been delayed until better weather conditions prevail.

December 5, 2010

“People talk about how knives are dangerous, and then they go in the kitchen and they have 50 of them”

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:54

Marc Lacey looks at the non-firearm right-to-carry movement:

Arizona used to be a knife carrier’s nightmare, with a patchwork of local laws that forced those inclined to strap Buck knives or other sharp objects to their belts to tread carefully as they moved from Phoenix (no knives except pocketknives) to Tempe (no knives at all) to Tucson (no knives on library grounds).

But that changed earlier this year when Arizona made its Legislature the sole arbiter of knife regulations. And because of loose restrictions on weapons here, Arizona is now considered a knife carrier’s dream, a place where everything from a samurai sword to a switchblade can be carried without a quibble.

Arizona’s transformation, and the recent lifting of a ban on switchblades, stilettos, dirks and daggers in New Hampshire, has given new life to the knife rights lobby, the little-known cousin of the more politically potent gun rights movement. Its vision is a knife-friendly America, where blades are viewed not as ominous but as tools — the equivalent of sharp-edged screw drivers or hammers — that serve useful purposes and can save lives as well as take them.

[. . .]

“People talk about how knives are dangerous, and then they go in the kitchen and they have 50 of them,” said D’Alton Holder, a veteran knife maker who lives in Wickenberg, Ariz. “It’s ridiculous to talk about the size of the knife as if that makes a difference. If you carry a machete that’s three feet long, it’s no more dangerous than any knife. You can do just as much damage with an inch-long blade, even a box cutter.”

[. . .]

“We had certain knives that were illegal, but I could walk down the street with a kitchen knife that I used to carve a turkey and that would be legal,” Ms. Coffey said. “I’d be more scared of a kitchen knife than a switchblade.”

She said switchblade bans were passed in the 1950s because of the menacing use of the knives in movies like “West Side Story” and “Rebel Without a Cause.”

Police complaint filed after Tom Flanagan’s “fatwa”

Filed under: Cancon, Government, Law, Liberty, Politics — Tags: , , , , — Nicholas @ 10:41

Consistency, people! If we condemn Islamic leaders who call for the death of people who “offend” Islam, we should also condemn Canadian political operatives who call for the assassination of Julian Assange:

Vancouver lawyer Gail Davidson filed a written complaint today (December 4) with Vancouver police and the RCMP against Prime Minister Stephen Harper’s former campaign manager, Tom Flanagan.

Davidson alleged that on a November 30 CBC television broadcast, Flanagan “counselled and/or incited the assassination of Julian Assange contrary to the Criminal Code of Canada”.

Assange is the founder of Wikileaks, which is releasing 250,000 U.S. diplomatic cables.

On the Power and Politics program hosted by Evan Solomon, Flanagan said: “Well, I think [Julian] Assange should be assassinated, actually. I think Obama should put out a contract and maybe use a drone or something.”

I doubt that the case will go very far, and it may not be meant to: it’s communicating a message.

December 2, 2010

It’s apparently not “wrong touching” when the TSA does it

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:21

Daniel Tencer says that the TSA’s guidelines for calming children are the same things sexual predators use:

An expert in the fight against child sexual abuse is raising the alarm about a technique the TSA is reportedly using to get children to co-operate with airport pat-downs: calling it a “game”.

Ken Wooden, founder of Child Lures Prevention, says the TSA’s recommendation that children be told the pat-down is a “game” is potentially putting children in danger.

Telling a child that they are engaging in a game is “one of the most common ways” that sexual predators use to convince children to engage in inappropriate contact, Wooden told Raw Story.

Children “don’t have the sophistication” to distinguish between a pat-down carried out by an airport security officer and an assault by a sexual predator, he said.

The TSA policy could “desensitize children to inappropriate touch and ultimately make it easier for sexual offenders to prey on our children,” Wooden added.

H/T to Cory Doctorow for the link.

November 27, 2010

Anyone remember when Homeland Security got the right to shut down websites?

Filed under: Bureaucracy, Government, Law, USA — Tags: , , , — Nicholas @ 12:24

In addition to their role in defending the homeland, apparently they’re also now copyright enforcers:

The investigative arm of the Homeland Security Department appears to be shutting down websites that facilitate copyright infringement.

Immigration and Customs Enforcement (ICE) has seized dozens of domain names over the past few days, according to TorrentFreak.

ICE appears to be targeting sites that help Internet users download copyrighted music, as well as sites that sell bootleg goods, such as fake designer handbags.

The sites are replaced with a note from the government: “This domain named has been seized by ICE, Homeland Security Investigations.”

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

It would be nice to know what part of the act of Congress that set up the Department of Homeland Security permits this kind of action. So that I can know whether to thank George Bush or Barack Obama.

[. . .]

First they were grabbing crotches in airports…

This overrreach by the DHS is breathtaking and clearly violates the spirit of the act of Congress that created it and the public’s understanding of the rationale for the creation of DHS. I’m not saying the domains were not involved in copyright infringement. I’m saying the DHS involvement is odd and the method — seizure of the domains — lacks a certain due process.

It’s ugly and ham-fisted. And it is difficult to see how it could be aimed at drawing the public’s attention away from the travails of the TSA. Rather, it looks like another run-of-the-mill stupid move on the part of Obama and Napolitano. It will be interesting next week to see the reaction of Representatives and Senators.

November 26, 2010

Marni Soupcoff says get the government out of the marriage business

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 12:18

Although the column was prompted by the attention-whoring actions of a British couple, the basic principle still applies in Canada:

It really doesn’t make sense for the government to be divvying up rights and benefits based on the sexual orientation of its citizens. Yes, marriage has an undeniably rich history in our cultural and serves very useful societal purposes — I don’t buy into the arguments that marriage is dead. But it’s ultimately a moral and, in some cases, religious matter that should be sanctioned (or not) by a couple’s peer group, religious group and family. It’s not rightfully a spot for government to be sticking its nose, and the fact that it does so puts it in charge of decisions it has no business making — like who is fit to be called a married couple and who should get special tax treatment based on the status relationship.

The preferable scenario, and the one which would forestall lawsuits like the Goggin/Skarsholt one, would be for the government to remove itself from the marriage business altogether.

That would mean no more government-sanctioned civil unions or marriages or references thereto in the law. Yes, that would also mean massive revisions to the tax code, family law, criminal law — really reams and reams of laws from which the government would have to extricate its judgments about couples’ legal standing.

It would also nicely short-circuit the ongoing debate on polygamy (currently active in BC, but due in your local courtroom very soon too).

November 24, 2010

Sexting . . . or was it attempted extortion?

Filed under: Football, Law, Media — Tags: , , — Nicholas @ 15:02

A report at Viking Update may explain why the NFL’s investigation into the Favre-Sterger “sexting” situation has taken so long:

Reese told The Associated Press that he called Bus Cook, Favre’s agent, to let him know about an Internet story — first thrown out by Deadspin.com — that was going to purport that lewd photos had been sent by Favre to Sterger. Apparently, Reese was doing a pre-emptive professional courtesy.

However, Reese said that Cook’s response was to ask “if there was a specific figure that could make this go away.”

Asked about that, Cook responded with a statement claiming that Sterger’s manager and lawyer have made “numerous overtures to me” — claiming six such calls between the two of them. Cook said there was never any intention of paying them because there is no reason to pay them, adding that “their attempts to negotiate privately and through the media have failed.”

If it can be proved that Sterger’s people were seeking out some form of cash settlement, extortion is a crime that is investigated and prosecuted. It would seem the truth lies somewhere in between the polar opposite stories being told by the agents. But, if there is a case of hush money being thrown around or blackmail being requested, this story may have more legs than anyone could have imagined.

I had wondered why the NFL’s investigation — which should have occupied a few days at most — still hasn’t come to any conclusions.

November 23, 2010

QotD: “Shut up and be scanned”

Filed under: Bureaucracy, Law, Liberty, Media, Quotations, USA — Tags: , , , — Nicholas @ 08:59

More on your authoritarian media . . .

Earlier today, my colleague Matt Welch ran off a list of newspaper editorial boards who are lining up behind TSA. The headline to this post is the actual headline from the L. A. Times’ editorial. Given such cowardice about defending civil liberties in the face of hysterical hand-wringing about national security, I was going to post a snarky comment about how the L.A. Times would probably have told Japanese-Americans to “shut up and report to your internment camp” back in 1942, too.

Then I did some Googling, and discovered that the paper pretty much did exactly that. As did a number of other papers.

Radley Balko, “Shut Up and Be Scanned”, The Agitator, 2010-11-22

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