Quotulatiousness

December 18, 2009

The lesson is . . . next time, don’t turn it in

Filed under: Britain, Bureaucracy, Law — Tags: , , , — Nicholas @ 13:06

Remember the report of a man who’d found a shotgun on his lawn, turned it in to the police, and was promptly charged with posession of an illegal weapon? Well, he’s been convicted and will face up toa minimum of five years in prison for his “crime”:

A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for “doing his duty”.

Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday — after finding the gun and handing it personally to police officers on March 20 this year.

The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year’s imprisonment for handing in the weapon.

In a statement read out in court, Mr Clarke said: “I didn’t think for one moment I would be arrested.

“I thought it was my duty to hand it in and get it off the streets.”

The way the law is written, the jury would have had no choice but to find him guilty. If only there were some way for a jury to find that the law was at fault. (Or, among their other limits to civil liberties, has the British government made jury nullification illegal?)

Update: Fixed the mis-statement about the length of sentence Mr. Clarke may face.

December 17, 2009

Judiciary to “fight back” against draconian Tory laws

Filed under: Cancon, Law, Politics — Tags: , , — Nicholas @ 09:03

It’s always nice when your secret opponents actually come out and say that they’re against you. Bob Tarantino shows how the Tories’ “draconian” penalties against criminals are opposed by the judiciary:

In the middle of an otherwise rote piece in a Toronto-area newspaper about how Stephen Harper is just too gosh-darn mean to criminals, there appeared this remarkable passage: “Judges are skilled at devising creative ways to fight back against laws they believe may skew the system. For example, Judge Cole said the elimination of two-for-one pre-trial credit has prompted judges to begin talking openly about forcing trials to be held more quickly. He said Canadian judges may also start compensating by intentionally lowering sentences: ‘That appears to have been the experience in other jurisdictions where Draconian sentencing policies have been forced upon the judiciary.’ ”

The passage is noteworthy for a number of reasons. Neither Justice Cole nor the newspaper’s justice reporter, both of whom can be assumed to have at least a glancing familiarity with the role of judges in our constitutional democracy, saw anything striking in characterizing the proper task of the judiciary as “fighting back” against laws they don’t like.

Nor do they find anything striking about a judge viewing duly enacted legislation as something being “forced upon” the judiciary — as if it were the judges who were being sent to jail.

And judges won’t just be “fighting back” against Parliament — in order to make good on the threat of handing down “intentionally” lower sentences, they will need to ignore case-law precedent. Evidently, neither Parliament nor the previous decisions of judges themselves will be allowed to stand in the way of the determination of certain members of the judiciary to treat convicted criminals lightly.

It’s no surprise that certain members of the judiciary think of themselves as being better able to determine what “appropriate” punishment might be . . . after all, within the statute and case law, that’s what they’re supposed to do. It’s the expansion of that notion that they know better and don’t feel they should be bound by the letter of the law. That’s several steps too far.

December 16, 2009

Hiding . . . everything

Filed under: Bureaucracy, Environment, Law — Tags: , , — Nicholas @ 09:14

David Harsanyi explains why federally funded researchers don’t have the same expectation of privacy that privately funded workers do:

In this country, even a global warming denialist with a carbon fetish and bad intentions has the right to see the inner workings of government.

Or at least he should.

When leaked e-mails recently exposed talk of manipulating scientific evidence on global warming, Kevin Trenberth, head of the climate analysis section at the National Center for Atmospheric Research, argued that skeptics, and other evil-doers, had cherry-picked and presented his comments out of context.

To rectify this injustice, I sent Trenberth (and NCAR) a Freedom of Information request asking for his e-mail correspondences with other renowned climate scientists in an effort to help contextualize what they’ve been talking about.

Surely the tragically uninformed among us could use some perspective on innocuous Trenberth comments like “we can’t account for the lack of warming at the moment and it is a travesty that we can’t” or “we are [nowhere] close to knowing where energy is going or whether clouds are changing to make the planet brighter.”

So, of course, the federally funded organization snapped right to getting the information they were legally required to provide, right? Perhaps in some other parallel universe, but not in this one:

Well, soon after the request was fired off, I was informed by NCAR’s counsel that the organization was, in fact, not a federal agency — since its budget is laundered through the National Science Foundation — thus it is under no obligation to provide information to the public.

“Why don’t you put all your emails online for everyone to see,” Trenberth helpfully suggested to me. “My email is none of your business.”

December 15, 2009

Heart-warming story of the day

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 12:52

Jon sent me this heart-warming story, and I thought it best to share:

A millionaire businessman who fought back against a knife-wielding burglar was jailed for two-and-a-half years yesterday. But his attacker has been spared prison.

Munir Hussain, 53, and his family were tied up and told to lie on the floor by career criminal Waled Salem, who burst into his home with two other masked men.

Mr Hussain escaped and attacked Salem with a metal pole and a cricket bat. But yesterday it was the businessman who was starting a prison sentence for his ‘very violent revenge’.

Jailing him, Judge John Reddihough said some members of the public would think that 56-year-old Salem ‘deserved what happened to him’ and that Mr Hussain ‘should not have been prosecuted’.

But had he spared Mr Hussain jail, the judge said, the ‘rule of law’ would collapse.

He said: ‘If persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting the criminal justice system take its course, then the rule of law and our system of criminal justice, which are hallmarks of a civilised society, would collapse.’

Salem, who has previous convictions, has already been given a non-custodial sentence despite carrying out what the judge called a ‘serious and wicked’ attack.

Well, it’s nice to know that some judges carry the best interests of “society” close to their hearts. And he’s right, you know: society would indeed collapse if the courts were forced to spend their time trying and sentencing career criminals like Salem. They’re career criminals. Custodial sentences would interfere with their careers, which would be a serious infringement of their human rights. Can’t have that.

The courts, however, are well situated to send serious messages to wanton millionaires like Hussain, who need to be regularly reminded that their wealth and privilege does not give them rights over and above those enjoyed by normal non-millionaires. I have no need to remind you that non-millionaires are not allowed to defend themselves against criminals either.

So, clearly, justice is served.

In some parallel universe, anyway.

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.

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