Quotulatiousness

March 25, 2010

The Belgian version of “asking for it”

Filed under: Europe, Law — Tags: , , — Nicholas @ 00:34

A recent Belgian court decision is remarkable:

The crime victim, a businessman named only as Laurent, had been living in a suburb of Charleroi, in Belgium’s depressed French-speaking southern region of Wallonia.

He moved north after a series of violent attacks and robberies on his family but was taken to a local court because he had not paid back a grant to renovate his house in 1998.

It sounds fair that you’d be expected to repay a grant for renovations if you leave the area without good reason. I’d have said that these incidents would qualify for the “good reason” criterion:

In 2001, the victim was attacked and his BMW car was stolen. Shortly after it was recovered, armed men stormed his home and stole it a second time.

In 2006, his wife and children were threatened by armed raiders, who stormed his home at night and dragged him away in his pyjamas while his horrified family looked on.

He was later freed and dumped on a industrial estate as the thieves made off with another one of his cars, a Jaguar.

It might be questioned how someone who was able to own multiple expensive cars would be able to qualify for this kind of grant, but that’s a separate issue. But maybe not, as the presiding judge implied:

“It is perhaps not sensible to draw attention to oneself by driving a Jaguar and living in a big house, making an ostentatious display of one’s wealth in a poor and damaged region like Charleroi,” said the judge.

The businessman’s lawyer accused the civil court of supporting “hooligans”.

“In Charleroi, you must drive in a Trabant, wear a tracksuit and live in a slum to be safe from criminals and above reproach from judges,” said Clément de Clety

In other words, the judge really does think he was “asking for it”.

March 24, 2010

Using carbon dating to detect fake vintage wines

Filed under: Economics, Law, Technology, Wine — Tags: — Nicholas @ 13:22

Jon, my former virtual landlord, sent me this link on a subject I’ve blogged about before: detecting fakery and fraud in the fine and vintage wine market:

Up to 5% of fine wines are not from the year the label indicates, according to Australian researchers who have carbon dated some top dollar wines.

The team of researchers think “vintage fraud” is widespread, and have come up with a test that uses radioactive carbon isotopes left in the atmosphere by atomic bomb tests last century and a method used to date prehistoric objects to determine what year a wine comes from — its vintage.

[. . .]

“The problem goes beyond ordinary consumers being overcharged for a bottle of expensive wine from a famous winery with a great year listed on the label, that isn’t the right vintage year,” Jones said.

“Connoisseurs collect vintage wines and prices have soared with ‘investment wines’ selling for hundreds of thousands of dollars a case at auction,” he said.

I read Benjamin Wallace’s The Billionaire’s Vinegar which was rather an eye-opener about both the rare wine trade and the potential for fraud in that market (posts here and here). It’s nice to see that technology is coming to the rescue in cases where this kind of fraud is suspected.

March 22, 2010

QotD: American drug warriors will fight to the last Mexican civilian

Filed under: Americas, Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 18:08

The astonishing argument from U.S. drug warriors to the violence in Juárez to this point has been: the bloodshed means we’re winning. Or put another way, “If thousands of Mexican need to die to keep Americans from getting high, by golly I, American drug war official, am willing to step up and make that sacrifice.” Now that a few Americans have been killed too, that argument will get more difficult to make.

But as O’Grady writes, don’t expect that to lead to any common sense changes in policy. To this point, the Obama administration and the leadership in Congress have made it clear that the only acceptable drug policy in Mexico is more militarization, more force, and more American funding and weapons with which to do it. If thousands more Mexicans have to die on the front lines so America’s politicians can make it marginally more difficult for Americans to ingest mind-altering substances, so be it.

Radley Balko, “Mary O’Grady on Mexico’s Drug War”, The Agitator, 2010-03-22

Doubting the story about the runaway Prius

Filed under: Law, Media, Technology — Tags: , , , , — Nicholas @ 07:55

Michael Fumento looks at the public details about the “runaway” Prius:

Now let’s recap just one of my findings in the Forbes.com piece that the CHP report doesn’t deal with because it concerns later events.

The 911 dispatcher, as you can hear on the Web, repeatedly begs Sikes to either stop the engine with the ignition button or put the gear into neutral. Sikes refused to do either, later giving various bizarre reasons. “I was afraid to try to [reach] over there and put it in neutral, he told CNN. “I was holding onto the steering wheel with both hands — 94 miles an hour in a Toyota Prius is fast.”

Yet:

# We know Sikes spent most of the ride with a cell phone in one hand.

# Sikes claimed at a press conference that he reached under the dash and yanked on the floored accelerator. I’m thin with arms the average American length, but fell three inches short. Sikes almost certainly can’t do what he claims, but nobody’s asked him to repeat the motion. In any event, it can hardly be done with both hands on the wheel.

# Finally in the 2008 Prius the shift knob is mounted on the dash expressly to allow shifting by merely reaching out with a finger.

Just what exactly does it take to convince the press?

Personally, I found the timing of the event to be a little too perfect for a certain narrative: exactly as the Toyota CEO was being subjected to the Star Chamber treatment by US lawmakers. A few days before or after that, I might have been willing to believe it was a genuine event, rather than (as it certainly appears now) a staged hoax.

Full disclosure: I’ve owned several Toyota vehicles, currently including my own Tacoma pickup truck and (as of last Wednesday) Elizabeth’s Matrix sedan.

March 19, 2010

QotD: The term “pirate” is too sexy

Filed under: Law, Media, Quotations — Tags: , , — Nicholas @ 23:56

After years of trying to cloud the public mind by calling it “piracy” instead of “unauthorised downloading,” key copyright industry reps are starting to realize that “piracy” actually sounds kind of cool. So now they’re lobbying for the even less intellectually rigorous term “theft,” which describes an entirely different offence, enumerated in an altogether different section of the lawbooks.

This has all the dishonesty of calling everything you don’t like “terrorism” (or as my friend Ian Brown says, it’s like rebranding jaywalking as “road rape”).

Cory Doctorow, “Entertainment industry sours on term ‘pirate’ — too sexy”, BoingBoing, 2010-03-18

March 18, 2010

Adding “ordinary” criminals to the sex offender registry

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

The sex offender registry in most jurisdictions doesn’t work — at least, it doesn’t work to deter re-offence and it almost certainly doesn’t work to protect the public. What these registries do quite successfully, however, is to continue punishing the criminals long after they have served their sentences.

People who appear in these registries have a long list of prohibited activities, most frequently requiring them to stay a certain distance from schools (which often means there is little or no choice for where they can live, work, or travel, as the legallly mandated distance exceeds the average distance between schools). Ordinary ex-cons have great difficulty getting employment even in a growing economy, and the situation for identified “sex offenders” is close to impossible.

As a general rule, having your name added to the sex offender registry is as close to a life sentence as possible, but with no hope of parole and no hope of even a semblance of living a normal life.

Georgia apparently thinks this situation is not only fine, but they’d like to add non-sexual offenders to the registry too:

Georgia’s Supreme Court is upholding the government’s right to put non-sex offenders on the state’s sex-offender registry, highlighting a little-noticed (but growing) nationwide practice.

Atlanta criminal defense attorney Ann Marie Fitz estimated that perhaps thousands of convicts convicted of non-sexual crimes have been placed in sex-offender databases. Fitz represents a convict who was charged with false imprisonment when he was 18 for briefly detaining a 17-year-old girl during a soured drug deal. He unsuccessfully challenged his mandatory, lifelong sex-offender listing to the Georgia Supreme Court, which ruled against him Monday.

Under the Adam Walsh Child Protection and Safety Act of 2007, the states are required to have statutes demanding sex-offender registration for those convicted of kidnapping or falsely imprisoning minors. The Georgia court ruled that the plain meaning of “sex offender” was overridden by the state’s law.

If it’s your world view that criminals should never be forgiven for their transgressions, then this sort of deliberate act is understandable. It’s morally indefensible, but it’s understandable.

March 15, 2010

QotD: Process matters

Filed under: Government, Law, Liberty, Politics, Quotations — Tags: , — Nicholas @ 12:50

Libertarians are process people, something that our political opponents find impossible to believe can be real, rather than disingenuous. So when I say that I think Lawrence v. Texas might be the right result morally but the wrong result legally, it must be that I secretly want sodomy to be illegal, or at the very least don’t care. Or when I am troubled by government intervening in the Chrysler bankruptcy process, it’s because I hate unions. And of course, when I am against post-hoc legal judgments against bankers or their bonuses, it’s just because I’m an apologist for rich people.

But to a libertarian, process matters. Having a good process is better than getting a good outcome, because a good process is one that maximizes your chances of getting good outcomes over time.

Megan McArdle, “The Process of Passing Health Care”, The Atlantic, 2009-12-22

March 11, 2010

Food follies: the pinNaCle of idiocy?

Filed under: Bureaucracy, Food, Health, Law — Tags: , , — Nicholas @ 13:15

The food police are after your salt:

Some New York City chefs and restaurant owners are taking aim at a bill introduced in the New York Legislature that, if passed, would ban the use of salt in restaurant cooking.

“No owner or operator of a restaurant in this state shall use salt in any form in the preparation of any food for consumption by customers of such restaurant, including food prepared to be consumed on the premises of such restaurant or off of such premises,” the bill, A. 10129, states in part.

The legislation, which Assemblyman Felix Ortiz, D-Brooklyn, introduced on March 5, would fine restaurants $1,000 for each violation.

I can only assume that Rep. Ortiz has no tastebuds, as the diet he’s prescribing would be bland, bland, bland. There’s also little chance that it’ll be passed into law, but you can consider it a shot across the bows of the restaurant trade . . . or a ranging round for the next salvo.

March 10, 2010

Some things never change

Filed under: Humour, Law, Politics, Technology — Tags: , , , , — Nicholas @ 12:39

I was looking though some old postings and found this little gem, which is as true as ever:

It is a sad real-world fact that most legislators, when presented with something they do not understand, almost always attempt to ban it. This probably started with the first neolithic fire-tamer . . . who was probably beaten to death with sticks when the tribal shaman saw it. Senator Hatch is showing all the finely nuanced reactions of Ug the caveman here.

This was in reaction to Senator Orrin Hatch introducing a bill to make peer-to-peer file sharing illegal back in 2004.

March 9, 2010

Opening the door to arbitrary punishment

Filed under: Britain, Economics, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 07:33

Cory Doctorow talks about why the proposed “three strikes” internet ban is such a stupid idea:

If persuasion doesn’t work, raise the taxes

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

New York City is moving ahead in their war on junk food, with a new proposal to add a significant tax to the sales of carbonated pop:

[Mayor Michael Bloomberg] described the soda tax — equivalent to an extra eight pence on a can — as “a fix that just makes sense”, saving lives and cutting rising health care costs.

“An extra 12 cents on a can of soda would raise nearly $1 billion (£663 million), allowing us to keep community health services open and teachers in the classroom,” he said on his weekly radio programme on Sunday.

“And, at the same time, it would help us fight a major problem plaguing our children: obesity.”

David Paterson, the mayor of New York state, has already proposed a soda tax but it was dropped last year following a public outcry.

H/T to Chris Greaves for the link, who said “Let’s see now, prohibition didn’t work, so let’s try something different!”

Of course, the proposed tax would be very popular in some areas: all the retailers outside NYC who would be able to reap significant additional sales to New Yorkers who didn’t want to pay the sin tax.

March 4, 2010

The jokes just write themselves

Filed under: Law, Politics, USA — Tags: , , — Nicholas @ 08:59

By way of Kathy Shaidle’s blog, a court case that was custom-designed for certain political campaigns:

A 45-year-old woman, charged with ending a domestic dispute by killing her 26-year-old husband of five days, is a registered lobbyist for a group fighting domestic violence.

Arelisha Bridges was ordered held without bond in the Fulton County Jail. She is scheduled for a preliminary hearing later this month on charges of felony murder, murder, aggravated assault and possession of a firearm during the commission of a felony.

Officials said Bridges claimed she was unemployed. But records show she is a lobbyist for an organization called the National Declaration for Domestic Violence Order; its Web site says the group is pushing legislation to create a database of those convicted of sex crimes or domestic abuse.

And remember, guns don’t kill people: lobbyists for anti-domestic violence groups do.

March 2, 2010

SWAT forces now spend more time doing non-SWAT policing

Filed under: Bureaucracy, Law, USA — Tags: , , , , , — Nicholas @ 12:48

Or, more accurately, militarizing the sort of police activity that ordinary police officers would once have done:

. . . last year Maryland became the first state in the country to make every one of its police departments issue a report on how often and for what purpose they use their SWAT teams. The first reports from the legislation are in, and the results are disturbing.

Over the last six months of 2009, SWAT teams were deployed 804 times in the state of Maryland, or about 4.5 times per day. In Prince George’s County alone, with its 850,000 residents, a SWAT team was deployed about once per day. According to a Baltimore Sun analysis, 94 percent of the state’s SWAT deployments were used to serve search or arrest warrants, leaving just 6 percent in response to the kinds of barricades, bank robberies, hostage takings, and emergency situations for which SWAT teams were originally intended.

Worse even than those dreary numbers is the fact that more than half of the county’s SWAT deployments were for misdemeanors and nonserious felonies. That means more than 100 times last year Prince George’s County brought state-sanctioned violence to confront people suspected of nonviolent crimes. And that’s just one county in Maryland. These outrageous numbers should provide a long-overdue wake-up call to public officials about how far the pendulum has swung toward institutionalized police brutality against its citizenry, usually in the name of the drug war.

It’s easy to see how this happened, all over North America, not just in Maryland. Increasing perception of the dangers of the drug war fed the demand for more SWAT-type forces in more and more police departments. Once in place, extensively equipped and expensively trained, the police authorities needed to justify keeping these teams active and involved . . . that is, they couldn’t pay them to sit around waiting for a hostage-taking or a major drug bust. They needed those officers to be out doing things — preferably media-friendly “big” things.

Even in the most dangerous areas, there are only so many situations that rationally require the heavy hand of the fully-armed SWAT team, so the incentives were already in place to expand the role from the original (and relatively rare) combat-style deployment to other, less dangerous (but often more mediagenic) crime fighting.

Anyone in the army can tell you that even in wartime, the majority of soldiers don’t get shot at: they patrol, they train, they do various military and non-military activites. For policemen-as-combat-troops, there are even fewer chances to use all their expensive equipment and training. The temptation to use the SWAT team for less and less dangerous activities is overwhelming, which is why you get the lads and lasses in bullet-proof vests and army helmets appearing even for non-violent misdemeanor offenses.

The choices for law enforcement are not good: disband your SWAT team and run the risk of not having the resources on hand when you actually do need that kind of force, or stay the course, keep the SWAT team(s), and keep them busy so it doesn’t look like you’re wasting a big chunk of your annual budget on inessential services. The bureaucratic instinct is to avoid courses which carry a potential result that could reflect negatively on the organization — which is why you rarely hear about police departments giving up their SWAT teams.

March 1, 2010

UK Photographers . . . act now, or lose your rights

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 15:52

Philip Dunn has all the bad news, photography-wise:

Photographers to lose copyright protection of their work

This startling and outrageous proposal will become UK law if The Digital Economy Bill currently being pushed through Parliament is passed. This Bill is sponsored by the unelected Government Minister, Lord Mandelson.

Let’s look at the way this law will affect your copyright:

The idea that the author of a photograph has total rights over his or her own work — as laid out in International Law and The Copyright Act of 1988 — will be utterly ignored. If future, if you wish to retain any control over your work, you will have to register that work (and each version of it) with a new agency yet to be set up.

I had wondered where Lord Mandelson had picked up his “of Mordor” sobriquet. Now I know. Oh, and it gets even worse:

Photographers are to lose all effective rights to take photographs in public places.

Not content with taking away photographer’s copyright, another section of this Government is proposing sweeping changes to your freedom to take pictures in public places.

The Information Commissioner’s Office (ICO) has deemed that a photograph taken in a public place may now be considered to contain ‘private data’.

This means that if you take a picture in the street and there is a member of the public in the shot, that person has the right to demand either payment — if you wish to publish the image — or that you do not publish it. In fact, according to the ICO. There does not actually have to be an objection, it is up to the photographer to ‘judge’ whether the subject might object. Now work that one out if you can.

You may think this won’t affect you . . . but if you’ve got a camera in your cell phone or MP3 player, it’s going to have an impact. Contact your MP now and explain that you don’t approve of this drastic change in the law and try to get it tossed out before it becomes law.

February 25, 2010

EMI launches appeal over “Down Under”

Filed under: Australia, Law, Media — Tags: , — Nicholas @ 08:12

Following up from earlier this month, EMI is appealing against the decision that Men at Work plagiarized a popular folk song in their 80’s hit “Down Under”:

Papers filed with the Federal Court in Sydney listed 14 grounds for appeal and stated songwriters Colin Hay and Ron Strykert did not breach copyright.

It said similarities may be noted only by a “highly educated musical ear”.

[. . .]

EMI Music said the inclusion of the melody was, at most, a form of tribute to the tune.

In its appeal, EMI also argued that the Girl Guides Association of Victoria state actually owned the copyright, as they sponsored the 1934 Girl Guides song competition for which the song was written.

The decision seemed odd in another way: lack of proportionality. The “offending” part is a very small section of the song, which would not seem to justify awarding 40-60% of the profits from the work to the plaintiff. Perhaps Australian law allows it, but it seems to be an attempt to “right a wrong” by inflicting a disproportional penalty, rather than an equitable one (that’s not to say I think the decision was correct, just a comment on the initial finding).

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