Quotulatiousness

December 14, 2009

This is interesting . . .

Filed under: Economics, Law — Tags: , , — Nicholas @ 09:24

Charles Stross links to this story:

Drug money saved banks in global crisis, claims UN advisor
Drugs and crime chief says $352bn in criminal proceeds was effectively laundered by financial institutions

Antonio Maria Costa, head of the UN Office on Drugs and Crime, said he has seen evidence that the proceeds of organised crime were “the only liquid investment capital” available to some banks on the brink of collapse last year. He said that a majority of the $352bn (£216bn) of drugs profits was absorbed into the economic system as a result.

This will raise questions about crime’s influence on the economic system at times of crisis. It will also prompt further examination of the banking sector as world leaders, including Barack Obama and Gordon Brown, call for new International Monetary Fund regulations. Speaking from his office in Vienna, Costa said evidence that illegal money was being absorbed into the financial system was first drawn to his attention by intelligence agencies and prosecutors around 18 months ago. “In many instances, the money from drugs was the only liquid investment capital. In the second half of 2008, liquidity was the banking system’s main problem and hence liquid capital became an important factor,” he said.

December 11, 2009

Changes coming to England’s over-generous libel laws?

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 09:19

For the aggrieved, suing in London has been the way to go, due to English laws which strongly favour the plaintiff. This may change, as the laws are being reviewed:

England has long been a mecca for aggrieved people from around the world who want to sue for libel. Russian oligarchs, Saudi businessmen, multinational corporations, American celebrities — all have made their way to London’s courts, where jurisdiction is easy to obtain and libel laws are heavily weighted in favor of complainants.

Embarrassed by London’s reputation as “a town called sue” and by unusually stinging criticisms in American courts and legislatures, British lawmakers are seriously considering rewriting England’s 19th-century libel laws.

A member of the House of Lords is preparing a bill that would, among other things, require foreigners to demonstrate that they have suffered actual harm in England before they can sue here.

December 5, 2009

Speaking of disproportional punishment

Filed under: Law, Media, USA — Tags: , , , — Nicholas @ 12:45

BoingBoing reports on yet another vastly disproportional punishment for a victimless crime:

The movie industry has turned into an alcoholic dad who beats up his family at the slightest transgression while ignoring his own gross failures — blaming everything on external forces and refusing to confront its own problems.

Meanwhile, 22-year-old Samantha Tumpach spent two nights in jail for recording her friends singing “Happy Birthday” at a movie theater, for capturing less than four minutes of a feature film. She is charged with a felony and if convicted, could lose the right to vote, to work with children, to hold office, and to partake in full civil life.

And the movie industry’s pitch to us remains, “Please stop pirating our discs, because if you don’t stop, we may be driven out of business and then society would suffer from our absence.”

Despite (legal) danger, teens still hot for sexting

Filed under: Law, USA — Tags: , , , , , — Nicholas @ 12:20

In another example of the state’s threat of legal punishment being hugely disproportional to the perceived or actual damage of the ‘crime’, so-called sexting can carry a life-long legal penalty for an act with little or no actual danger to the parties involved. In a case of “well, duh”, kids are still eager to send one another pictures of themselves nude or partially clothed, in spite of (or in ignorance of) the legal threats:

The latest figures come from a poll organised by the Associated Press and MTV, which questioned around 1200 youths and semi-youths aged from 14 to 24. What they discovered, among other things, is that boys think naked pictures are “hot” while girls consider them “slutty”.

We’ll go out on a limb here and say that boys and girls feel much the same ways about thigh-high boots and micro-skirts — one boy’s hot is another girl’s slutty, but that’s another issue. Young people do seem peculiarly blind to the long-term risks of naked photographs, though perhaps they should be admired for having such confidence in their own bodies.

About half of those surveyed thought the risks were overplayed — the rest were suitably wary, but did it anyway. Greater education about the risks doesn’t seem to be the answer: it’s almost as though young people aren’t listening to the advice provided by their elders and betters.

The risks they run include both sender and receiver being charged with various sex crimes, resulting in potentially being added to the sex offender registry for their state(s) of residence, which pretty much ends any possibility of them being able to go to university, hold a job, or lead a normal life.

December 4, 2009

More good news on reining in the out-of-control HRC bureaucracy

Filed under: Bureaucracy, Cancon, Law, Liberty — Tags: , , , — Nicholas @ 12:16

Colby Cosh summarizes the results of the Alberta Queen’s Bench decision on the Boisson case:

So how stands freedom of the press in Alberta after Thursday’s Queen’s Bench decision tossing out the Boissoin human-rights panel ruling? Justice E.C. Wilson’s reasons establish two big things, pending some higher-level judicial review of Alberta’s human-rights regime:

1. The Charter of Rights can’t be used willy-nilly by content creators in magazines and newspapers as a shield against tribunal oversight, but

2. The tribunals have to confine themselves strictly to the powers granted them by statute, defer to Charter values, respect the presumption of innocence, and in general act a lot less like a cross between a military junta and a three-ring circus.

In 2002 Red Deer preacher Stephen Boisson had written a sweaty, sulfurous letter about the Great Gay Conspiracy to the local daily paper (pause for ironic smirk: it’s called the Advocate). Among other things, Boisson denounced the spectacle of “men kissing men”, which suggests he may not know his way around the synoptic Gospels too well. In any event, a panel of the Alberta Human Rights and Citizenship Commission found him guilty of discrimination-by-the-word, and he was subjected to a fine, prior restraint on his future speech, and a demand for a written apology.

December 2, 2009

Scotland may eliminate “double jeopardy”

Filed under: Britain, Law, Liberty — Tags: — Nicholas @ 08:19

As England and Wales have already gotten rid of this ancient relic of former times, which prevented multiple prosecutions of a suspect for the same crime, Scotland is also considering getting rid of this encumbrance on state prosecution:

The centuries-old law preventing someone acquitted of a crime from being tried again in a Scottish court could be abolished.

But a review of the rule by the Scottish Law Commission also said any change in the law should not be imposed on cases retrospectively.

Of course, our noble prosecutors would never take advantage of this change to harass or punish anyone:

Patrick Layden, QC, lead commissioner on the review, said he believed the basic principles behind double jeopardy should remain.

He said it was up to parliament to decide whether or not retrials could be held in serious cases where strong new evidence became available after the accused was acquitted.

I understand the urge to change the law — it is frustrating to see a criminal get away with a crime due to insufficient evidence being available when the case goes to court. The BBC article specifically mentions a case where this seems to have happened, and quotes family members of the victims about their disappointment and anger over the acquittal.

That being said, I still think it’s a bad idea to allow the state to serially prosecute someone until they get a favourable result. The power and resource imbalance between a government and an individual provides far too much opportunity for the stronger party to eventually succeed — and there’s no guarantee that they’ll be correct about the actual guilt of the person being prosecuted (and we’ve certainly seen more faulty prosecutions lately as DNA evidence becomes easier and cheaper to evaluate).

November 30, 2009

2012 Olympic logo not just ugly, but also cartoon porn

Filed under: Britain, Law, Sports — Tags: , , , — Nicholas @ 12:41

One of the least aesthetic Olympic logos ever devised may also be deemed pornographic:

Government zeal in pursuing anyone suspected of harbouring paedophilic tendencies may shortly rebound — with unintended consequences for the 2012 Olympic logo.

Earlier this month, the Coroners & Justice Bill 2009 received the Royal Assent. This Act was another of those portmanteau pieces of legislation for which the current government is famous, mixing up new regulations on the holding of inquests, driving offences, provocation in murder cases and, crucially, a new law making it a criminal offence to be found in possession of an indecent cartoon image of a child.

The horror facing the unpopular Olympics logo is that this is a strict liability offence. If an image is indecent, or held to be so by a jury, it is no good the Olympic Committee claiming that it was not intended as such.

Regular readers will be aware of the controversy that surrounded the current logo since the day it was launched. Critics were not impressed by the £400,000 that had allegedly been shelled out to creative consultancy Wolff Olins to come up with the design. However, it was the logo’s perceived suggestiveness — with many sniggering that it appeared to show Lisa Simpson performing an act of fellatio — that excited internet controversy.

You’ll not that I was careful not to show the offending logo, both for fear of prosecution and because it’s hideous:

[Perry de Havilland]: What does it look like to you? To me it is obvious: a collapsing structure of some sort, perhaps a building at the moment of demolition. The sense of downwards motion towards the bottom of the page is palpable.

Breathtaking. I mean what truly magnificent symbolism. The entire Olympic endeavour has been a massive looting spree with already grotesque cost over-runs (and it is only 2007), so surely something that conjures up images of collapse and disaster is really on the money . . . and speaking of money, at £400,000 (just under $800,000 USD) for the logo, it perfectly sums up the whole ‘Olympic Experience’ for London taxpayers. [. . .]

[James Lileks]: Seriously, what is the matter with people who come up with this? And what is the matter with the people who approved it? Ads that showed the logos have reportedly caused seizures among British epileptics, but I think this thing would make a fossilized femur bone suffer convulsive muscle spasms. If you can’t tell, it’s the year of the London games — 2012. I think it’s also meant to imply a human form — say, a discus thrower, or a runner bursting from the blocks. Whatever it is, it’s an aesthetic catastrophe, and would seem to indicate there’s no one around in the London Games who had the nerve to bark “rubbish, that; try again, and give me a proper logo with some bloody numbers.” I think there’s a point at which people lose the ability to pretend they have any sort of aesthetic criteria, and embrace whatever’s loud and ugly simply because loud and ugly is the style of the times. There’s always a fair amount of coin to be had for dissing the traditionalists, of course; I imagine that if someone submitted a logo with a flag or a bulldog they would have suffered a gentle sneer: still pining for the empire, eh, Smithson. Well, Kipling’s dead. Yes he is. Dig him up, you’ll find Posh Spice’s heel stuck in his heart, the coffin stuffed with I Heart Diana memorial teddy bears.

November 26, 2009

WoW considered harmful, sued for damages

Filed under: Gaming, Law — Tags: , , — Nicholas @ 08:41

It must be a slow news week: a gamer in California claims that World of Warcraft is harmful, seeks damages in a law suit:

Depeche Mode’s Martin Gore subpoenaed in World of Warcraft lawsuit
What do you do when a videogame makes you miserable? You take its makers to court and get the Depeche Mode guitarist to testify on the nature of melancholy, of course

In one of this year’s loonier lawsuits, Depeche Mode’s Martin Gore has been subpoenaed by an American videogamer and asked to testify on the subject of “alienation”. Erik Estavillo is suing the makers of World of Warcraft, alleging that the game has alienated him from the real, orc-less world.

According to the San Jose, California resident, World of Warcraft is a “harmful virtual environment” and its developers follow “sneaky and deceitful practices”. Despite this, Estavillo admits he “relies on videogames heavily for the little ongoing happiness he can achieve in this life”. He just wants World of Warcraft to cost less money. And to stop making him so sad.

Which brings us to Depeche Mode, those purveyors of angst and sorrow. Estavillo’s court filings put forward multi-instrumentalist songwriter Martin Gore as an expert witness on melancholy. Gore should be called to Santa Clara county superior court, Estavillio suggests, “since he himself has been known to be sad, lonely, and alienated, as can be seen in the songs he writes”.

November 25, 2009

I thought Obama was going to be better than Bush on privacy issues

Filed under: Government, Law, Technology, USA — Tags: , , , — Nicholas @ 13:04

Perhaps I was misinformed:

The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government’s search-and-seizure powers in the digital age.

Solicitor General Elena Kagan and Justice Department officials are asking the 9th U.S. Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10.

The 9th U.S. Circuit Court of Appeals’ 9-2 decision offered Miranda-style guidelines to prosecutors and judges on how to protect Fourth Amendment privacy rights while conducting computer searches.

Kagan, appointed solicitor general by President Barack Obama, joined several U.S. attorneys in telling the San Francisco-based court Monday that the guidelines are complicating federal prosecutions in the West. The circuit, the nation’s largest, covers nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

November 24, 2009

Friendly reminder to UK readers: you do not have a right to remain silent

Filed under: Britain, Law, Technology — Tags: , , , , , — Nicholas @ 07:28

A fascinating story about a case in Britain where the government’s shiny new powers under Regulation of Investigatory Powers Act (RIPA) have been used to jail a schizophrenic man for refusing to divulge the passwords to access his files:

The first person jailed under draconian UK police powers that Ministers said were vital to battle terrorism and serious crime has been identified by The Register as a schizophrenic science hobbyist with no previous criminal record.

His crime was a persistent refusal to give counter-terrorism police the keys to decrypt his computer files.

The 33-year-old man, originally from London, is currently held at a secure mental health unit after being sectioned while serving his sentence at Winchester Prison.

In June the man, JFL, who spoke on condition we do not publish his full name, was sentenced to nine months imprisonment under Part III of the Regulation of Investigatory Powers Act (RIPA). The powers came into force at the beginning of October 2007.

[. . .]

Throughout several hours of questioning, JFL maintained silence. With a deep-seated wariness of authorities, he did not trust his interviewers. He also claims a belief in the right to silence — a belief which would later allow him to be prosecuted under RIPA Part III.

November 23, 2009

Digital Economy Bill should be called Digital Disenfranchisement Bill

Filed under: Britain, Bureaucracy, Law, Technology — Tags: , , , , — Nicholas @ 08:16

The proposed British legislation called the “Digital Economy Bill” is going to be very bad news, says Charles Stross:

I’m a self-employed media professional working in the entertainment industry, who earns his living by creating intellectual property and licensing it to publishers. You might think I’d be one of the beneficiaries of this proposed law: but you’d be dead wrong. This is going to cripple the long tail of the creative sector — it plays entirely to the interests of large corporate media organizations and shits on the plate of us ordinary working artists.

Want to write a casual game for the iPhone and sell it for 99 pence? Good luck with that — first you’ll have to cough up £50,000 to get it certified as child-friendly by the BBFC. (It’s not clear whether this applies to Open Source games projects, but I’m not optimistic that it doesn’t.)

Want to publish a piece of shareware over BitTorrent? You’re fucked, mate: all it takes is a malicious accusation and your ISP (who are required to snitch on p2p users on pain of heavy fines) will be ordered to cut off the internet connection to you and everyone else in your household. (A really draconian punishment in an age where it’s increasingly normal to conduct business correspondence via email and to manage bank accounts and gas or electricity bills or tax returns via the web.) Oh, you don’t get the right to confront your accuser in court, either: this is merely an administrative process, no lawyers involved. It’s unlikely that p2p access will survive this bill in any form — even for innocent purposes (distributing Linux .iso images, for example).

As I’ve said before, we’re rapidly moving to a world where it will be difficult to have a normal life without network access . . . this bill will create a new underclass of non-persons, all to benefit the dinosaurs of the media conglomerates. And introduced by a _Labour_ government, no less.

We are already at the point where it is a reasonable and sensible thing to say that access to the internet is a human right (at least in the west). Mandelson’s three strikes provision will deny innocent people access to the internet (for all it will take is accusations that do not need to have proof), which for more and more people will be the practical equivalent of being exiled from the country. No internet access would mean children can’t get access to school work, parents can’t get access to their bank accounts, and everyone will be cut off from large parts of their social circle (more and more people depend on email, Twitter, Facebook, and other social media to stay in touch).

Due process? That seems to have been lost in the rush. Proportionality? That’s been gone for years.

November 13, 2009

Red light cameras are great . . . for increasing traffic fine revenues

Filed under: Government, Law, Liberty, Technology — Tags: , — Nicholas @ 01:09

For driver safety, not so much:

In Los Angeles the LAPD claims accidents are down after they installed cameras, but are they telling the whole truth or just trying to make money off motorists?

We crunched the numbers and the results may surprise you.

“Your data is shocking to me,” Sherman Ellison said.

Ellison is a ticket attorney and part time judge, who believes the cameras are there for one reason.

“No question. Purely a revenue generating device,” Ellison said.

Is it money or safety? We wanted to know actual numbers of accidents at red light camera intersections to see if they really went down.

When we asked, the LAPD became very defensive. The sergeant in charge told me in an e-mail, “The city would hope that it is the goal of KCBS/KCAL to discuss the positive aspects of the photo red light program.”

So we filed a public records request. The department charged us more than $500 for a computer run. When we got the numbers back, they told a different story.

We looked at every accident at every red light camera intersection for six months of data before the cameras were installed and six months after.

The final figures? Twenty of the 32 intersections show accidents up after the cameras were installed! Three remained the same and only nine intersections showed accidents decreasing.

If the reason for installing red light cameras was to increase public safety, they’re a failure. If, however, the real reason for installing them is to increase municipal revenue streams, they’re a slam-dunk success.

Virginia to privatize their state-run liquor stores?

Filed under: Bureaucracy, Economics, Law, Wine — Tags: , , , , — Nicholas @ 00:35

Katherine Mangu-Ward on the prospect of Virginia selling off their state-owned liquor stores:

Virginia is one of 18 states where the government is the monopoly rumrunner. Supermarkets, gourmet shops, and corner stores are all forbidden to sell liquor. But Bob McDonnell, the newly-elected Republican governor, has promised to end the monopoly on liquor sales in the Old Dominion.

This bold gesture isn’t because McDonnell is an especially thoroughgoing libertarian; there are plenty of other areas where he’d like to see more state involvement in the private lives of citizens, not less. This isn’t a 12-step program to help the commonwealth go cold turkey on alcohol money either. McDonnell has no intention of letting Virginia’s bottle-based income fall below its current levels of more than $100 million a year. In fact, part of the reason McDonnell is considering privatization at all is that he is looking for cash to spend on transportation infrastructure. He predicts that selling off the state’s 334 liquor stores to private players and gathering licensing fees from more private sellers will bring in $500 million in the short run, while leaving long-run income intact. (The Washington Post remains unconvinced, noting that McDonnell’s figures may be too optimistic.)

But no matter what the political and budgetary machinations, Virginians are unlikely to wind up paying more for their rotgut, and they are very likely to wind up with a better selection and a relatively skeeze-free shopping experience. Commonwealth officials can focus on governing a large landmass without having to fuss with the details of running a liquor empire. And the move may even represent a net gain for the state budget in the future when the state sheds responsibility for ABC employee benefits and pensions, and starts bringing in real estate and other tax revenue from the privatized stores.

I’ve written about Ontario’s LCBO and the (dim) hopes of privatization at the old blog. In 2004, there was a brief flurry of discussion on privatizing the LCBO:

For those of you who don’t live in Ontario, the LCBO is the government-run monopoly provider of almost all alcoholic beverages except beer and wine, which are sold through the Brewers Retail, now operating under the name “The Beer Store” and through individual winery-owned wine stores, respectively. Both the LCBO and the Brewers Retail were set up after the repeal of prohibition in Ontario to control the sale and distribution of alcohol in the province. The LCBO is government-owned, while the Brewers Retail is owned by the major breweries (Labatt, Molson, & Sleeman).

A few elections ago, the Ontario government under Premier Mike Harris started talking about getting the government out of the liquor business. The LCBO, which up until that point had operated like a sluggish version of the Post Office, suddenly had plenty of incentive to try appealing to their customers. Until the threat of privatization, the LCBO was notorious for poor service, lousy retail practices, and surly staff. Until the 1980’s, many LCBO outlets were run exactly like a warehouse: you didn’t actually get to see what was for sale, you only had a grubby list of current stock from which to write down your selections on pick tickets, which were then (eventually) filled by the staff.

If the intent was to make buying a bottle of wine feel grubby, seamy, and uncomfortable, they were masters of the craft. No shopper freshly arrived from behind the Iron Curtain would fail to recognize the atmosphere in an old LCBO outlet.

During the 1980’s, most LCBO stores finally became self-service, which required some attempt by the staff to stock shelves, mop the floors, and generally behave a bit more like a normal retail operation. It took quite some time for the atmosphere to become any more congenial or welcoming, as the staff were all unionized and most had worked there for years under the old regime — you might almost say that they had to die off and be replaced by younger employees who didn’t remember the “good old days”.

To return to the early 1990’s, the LCBO had gone through massive changes (from their own point of view), but were still far behind the times. The threat of being sold to the private sector seems to have operated as a massive injection of adrenalin to the corporate heart: the LCBO suddenly became serious about serving the customer, expanding their services, making themselves more customer-friendly and providing their staff with proper training.

In the end, the Tory government decided that they preferred the direct stream of profits from the LCBO monopoly and backed away from their privatization plans. To my amazement (and probably that of most impartial observers), the LCBO did not immediately fall back into their bad old habits: they continued the modernization that had already taken them so far from their roots.

Today, the LCBO is almost unrecognizable as the Stalinist bureaucracy of the 1960s and 70s. Their staff are generally friendly, helpful, and (mirabile dictu) know far more about their products than ever before.

All that being said, I still am happy to hear that the current government is talking about privatization again. The LCBO is better than it used to be, and continues to improve, but they are still a monopoly provider with little real competition. I don’t pretend that a badly run sale might well end up (in the short-to-medium term) reducing the variety of alcoholic products for sale in Ontario, but having competing retailing channels would (in the long term) produce a healthier market with the competitors striving to attract more customers by better service, wider selection or even (dare we say it) lower prices.

Of course, 2005 came and went, with no movement in the direction of privatization, and it won’t happen under the current provincial government. The revenue stream is still too good for the province to give up.

Fedex vs. UPS

Filed under: Bureaucracy, Economics, Government, Law, USA — Tags: — Nicholas @ 00:15

November 12, 2009

Hoping for a rational decision from the Wine Council of Ontario

Filed under: Cancon, Law, Wine — Tags: , , , — Nicholas @ 08:46

Michael Pinkus thinks there’s going to be a good chance that the bait-and-switch mechanism known as “Cellared in Canada” wine will be forced to adopt accurate labelling:

There’s a new chair over at the Wine Council, and while I don’t want to pat him on the back quite yet, or give him all the credit, he is making some sense. Why should the Wine Council of ONTARIO be lobbying for wines that aren’t 100% Ontario product? The answer is as plain and simple as you believe it is: they shouldn’t; and that’s why it’s nice to see the Wine Council finally putting 2 and 2 together and coming up with the right number (for those on the wine council reading this, and still not getting it, the right number is 4; as in the Wine Council should stand 4 Ontario wines only). Now this is only a “proposal” and one that will be voted on November 17 (which, if approved, does not take effect until April 1, 2010). I strongly urge the Wine Council of Ontario to adopt this proposal, and let the makers of Cellared product fight their own battles, instead of lumping their interests in with the other 70+ wineries you represent who can’t make ANY Cellared product. For the record, the only 7 wineries (by my count) making CiC wines are Jackson-Triggs, Peller, Pillitteri, Colio, Pelee Island, Kittling Ridge and Magnotta, and if they were smart they’d take a page out of the Gabe Magnotta book of labeling. You might have noticed that Magnotta has faired pretty well through this whole Cellared in Canada issue, in fact they’ve come out unscathed in this whole mess. That’s because they have their labeling done right. Need a refresher on their labels? Visit a Magnotta retail outlet near you. Those big bold letters that spell out other countries tells the consumer exactly where the grapes/wines comes from — so simple it’s ingenious, and honest.

Might I also offer the Wine Council another little piece of advice: the idea floated recently about including fruit wineries and those that make 100% Ontario wine, but not necessarily VQA wines, is also a good one. You are the Wine Council of ONTARIO, you should speak for all the wineries of Ontario. Speaking as one voice is much better and more productive than the cacophony of many and maybe, just maybe, more can be accomplished and achieved as an all encompassing unit. The right track for Ontario’s wineries starts on November 17 . . . will the Wine Council finally take on the role of an Ontario wine group — we’ll have to wait and see, I for one remain hopeful.

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