Quotulatiousness

September 4, 2009

“They shot him. Right there in court.”

Filed under: Law — Tags: , — Nicholas @ 12:54

Radley Balko links to the weirdest “cops gone wild” story I’ve encountered in quite a while:

It was just too much, having to return to court twice on the same day to contest yet another traffic ticket, and Fire Chief Don Payne didn’t hesitate to tell the judge what he thought of the police and their speed traps.

The response from cops? They shot him. Right there in court.

Note also the fascinating fact that there are 7 police officers watching over a population of 174 people. That’s an amazing level of “protection” those folks are getting.

Original story here.

Update: Bonus story from Radley’s site, Feds bust doctor for . . . meeting women on the internet. Amazing. Just freakin’ amazing.

September 2, 2009

More on the Michael Bryant incident

Filed under: Cancon, Law — Tags: , , — Nicholas @ 12:50

CTV News has additional information on the victim in Monday’s traffic incident involving former Ontario cabinet minister Michael Bryant:

A cyclist who was killed in a collision in downtown Toronto earlier this week was involved in a confrontation with his ex-girlfriend that brought police to her home less than an hour before he was fatally injured.

Police arrived at a home where the former girlfriend of Darcy Allan Sheppard lived on George Street, just after 9 p.m. on Monday. Officers were reportedly there to deal with a disturbance of some type.

Toronto police Const. Tony Vella said officers escorted Sheppard away from the scene and there were no allegations of criminal activity.

[. . .]

The Globe and Mail reports Sheppard had 61 outstanding warrants for his arrest in the province of Alberta at the time of his death.

The warrants were related to allegations of fraud, the newspaper reported.

Well, this story certainly gets more involved at time goes on.

More on the travesty that is “Cellared in Canada” wine

Filed under: Cancon, Law, Wine — Tags: , , — Nicholas @ 12:06

Konrad Ejbich has an article in the most recent issue of Wine Spectator discussing the business and legal side of allowing large Canadian wineries to import grape juice and sell the result as “Canadian” wine:

It’s a longstanding quirk of Canadian wine law: “Cellared in Canada.” Several Canadian provinces allow wineries to import bulk wine (the popular choices today are Argentina and Chile), bottle it and call it Canadian, as long as the back label contains those three magic words. In the country’s two biggest wine regions, Ontario law requires such wines to contain 30 percent local grapes while British Columbia law requires no Canadian grapes.

But Ontario’s growing boutique wine industry is now calling for an end to “cellared” wines, arguing that the time has come for Canadian to mean Canadian. They claim the practice is tarnishing the reputation of local wine and jeopardizing the livelihood of grapegrowers. They charge that big wine companies are importing bulk wine and marketing it as “Canadian,” while domestic grapegrowers leave thousands of tons of fruit to rot on the vine.

“When we have wineries literally driving past vineyards full of Ontario grapes to pick up imported grape juice to make a blend, it is clear there is an issue,” said Jim Warren, president of the Ontario Viniculture Association. Growers and small wineries are organizing protests outside wine stores and have called for a boycott. They’ve asked the Ontario government to enact clearer labeling of “Cellared in Canada” products, increase the percentage of Ontario grapes used in blended wines and significantly increase the availability of VQA wines in Liquor Control Board of Ontario (LCBO) stores. (VQA, or Vintners’ Quality Alliance, is the appellation and quality organization that guarantees the authenticity of domestically-grown wines in Canada.)

Historical note from the old site: in a 2006 post, the name “Conrad Edgebeck” appeared in the comments. That was someone’s attempt to render Konrad Ejbich’s name from hearing it spoken on the radio. That particular post drew slow but steady Google hits showing that there were lots of others who clearly knew who Konrad was, but had no idea how to spell his name. Having now re-referenced the approximate pronunciation, I expect this post will serve the same function for this site.

Update, 9 February, 2012: Just as I suspected, this post is still showing up frequently in the search logs (161 times in the last week). To save you a bit of further work, here’s the top Google entry on Konrad — http://winewriterscircle.ca/members/ejbich-konrad and here is his Twitter feed — https://twitter.com/#!/winezone. Just trying to help.

QotD: Section 13 violates the Charter of Rights and Freedoms

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , — Nicholas @ 10:54

I have determined that Mr. Lemire contravened s. 13 of the Act in only one of the instances alleged by Mr. Warman, namely the AIDS Secrets article. However, I have also concluded that s. 13(1) in conjunction with ss. 54(1) and (1.1) are inconsistent with s. 2(b) of the Charter, which guarantees the freedom of thought, belief, opinion and expression. The restriction imposed by these provisions is not a reasonable limit within the meaning of s. 1 of the Charter. Since a formal declaration of invalidity is not a remedy available to the Tribunal (see Cuddy Chicks Ltd. V. Ontario (Labour Relations Board), [1991] 2 S.C.R. 5), I will simply refuse to apply these provisions for the purposes of the complaint against Mr. Lemire and I will not issue any remedial order against him (see Nova Scotia (Workers’ Compensation Board) v. Martin, 2003 SCC 54 at paras. 26-7).

Athanasios D. Hadjis, Canadian Human Rights Tribunal decision in Warman vs. Lemire, 2009-09-02

August 31, 2009

More police hijinks in the UK

Filed under: Britain, Law — Tags: , — Nicholas @ 13:16

Natalie Solent looks at two particularly intrusive expansions of British policing. One I’ve already discussed: Police nicking goods from unlocked vehicles, but the other one is new to me:

On the same theme, Longrider has a story about the police in Northamptonshire impounding cars if the same car with foreign plates is seen twice more than six months apart. A Mr West writes:

I live in Spain for about seven months of the year and France for the other five. My Spanish-registered car was impounded in March after two short visits to the UK within nine months of each other.

At the start of 2009, a pilot scheme called Operation Andover started in Northamptonshire, with any foreign vehicle seen just twice, more than six months apart, being impounded without warning.

Once again, Mr West got his car back, eventually. But he had to fight not to pay a fee of several hundred pounds. As he points out, an enormously common reason for a foreign registered car being seen twice in the same place a year apart might be, not the effort to evade paying UK road tax that the police seem (pretend?) to suspect, but regular visitors coming to Britain at about the same time every year.

So the police can not only nick stuff out of your car, if it’s got a non-UK license plate, they can take the whole thing. Fascinating.

Tase fast . . .

Filed under: Law, Media — Tags: — Nicholas @ 12:46

Radley Balko looks at the latest television travesty in the “reality” genre:

“There’s always a good time to use a Taser.”

So says Andrea, attractive single mom and one of the four stars of the new TLC reality show, The Police Women of Broward County. The trailer with the Taser quip then cuts to the show’s stars tackling suspects, putting knees into various backs, and pointing guns. Browse other clips on the TLC website, and it seems the network can’t make up its mind whether these women are sexpots with handcuffs or girls who want to be taken seriously for kicking just as much ass as the boys. A smug poster ad campaign for the show takes the the show’s identity problem to yet crasser heights. One ad reads, “Taser Time.” Another, “Cavity Search, Anyone?”

Of course, there isn’t “always a good time to use a Taser,” as the multitude of viral web videos depicting taserings of grandmothers, pregnant women, and children will attest. TLC’s ad campaign is offensive, though merely the latest iteration of a genre of television that trivializes the state’s use of force and makes a mockery of the criminal justice system.

I’ll take Radley’s word for it that the original Cops show was not as sensationalist and exploitative as the many successors that have aired since then. Even saying that, I had my doubts that “reality” TV was an improvement over the more traditional “cop” or “investigator” shows on regular network TV.

Fox then plumbed new depths of depravity last year with Smile . . . You’re Under Arrest!, featuring Maricopa County, Arizona’s self-proclaimed “toughest sheriff in America,” Joe Arpaio. In a premise that evokes the old Arnold Schwarzenegger movie Running Man or Mike Judge’s dystopian parody Idiocracy, Sheriff Joe teams up with a crew of comedy writers and improv actors to create elaborate scenarios where “unaware criminal suspects with outstanding warrants are lured out of hiding in this high-energy prank show.”

Showing my cultural ignorance, I’d never heard of this show, but just on the basis of this description, I can imagine lots of ways it might go horribly wrong. If it hasn’t yet, I’m sure it’s got all the potential to do so in the future (assuming that it’s still on the air).

As for the SWAT programs, America has unfortunately grown comfortable with, or at least accustomed to, the idea of using SWAT teams to kick down doors and conduct volatile, confrontational raids for consensual, nonviolent crimes. We’ve seen a massive increase in these raids, from about 3,000 per year in the early 1980s to some 50,000 per year by the early 2000s. The popularity of SWAT shows didn’t cause the problem, but their popularity is sympomatic of it, and they can only further ingrain the troubling notion that there’s nothing wrong with sending a unit of cops dressed like soldiers into private homes to arrest nonviolent drug offenders. And of course, we’re never going to see the wrong-door raids, or police mistakes that result in fatalities.

Cop reality shows glamorize all the wrong aspects of police work. Their trailers depict lots of gun pointing, door-busting, perp-chasing, and handcuffing. Forget the baton-twirling Officer Friendly. To the extent that the shows aid in the recruiting of new police officers, they’re almost certainly pulling people attracted to the wrong parts of the job./p>

That last part is probably true. There are no other jobs open to the general public that provide so many opportunities to “go wrong” yet not face the realistic risk of punishment (the blue wall of silence will protect a fellow officer until — and sometimes well beyond — that officer being proven guilty of serious criminal activity). Any criticism of the police seems to be taken as a criticism of all police, and the “civilian” is always assumed to be wrong.

August 28, 2009

Chilling the news, Toronto style

Filed under: Bureaucracy, Government, Law — Tags: , , — Nicholas @ 07:45

Matt Gurney risks being sued by taking a stand against Toronto city government’s latest brain fart:

Setting aside the oddity of Toronto’s politicians suing their cheerleaders at the Star, there are serious issues at play here. Despite having recently voted down a proposal that would have let city councillors sue citizens on the taxpayers’ dime, it is still permissible for the city to fund lawsuits approved by various officials at city hall. What could be more chilling to free speech than a thin-skinned politician or bureaucrat with a taxpayer-financed legal team? Remember, folks — even asking reasonable, fair, and completely valid questions might bankrupt you, if you can’t afford to pay for your defence.

Beyond that issue is a more philosophical one. When does criticism of a government program become an attack on those running it? Depending on how broad an interpretation the courts choose to settle upon, opinion journalism and political reporting in this country could grind to a halt. Is a criticism of Ottawa’s handling of the isotope shortage an attack on the bureaucrats involved? Imagine a reporter discovering that a department was blowing millions or billions of dollars on a program with almost no practical benefit (Think long-gun registry). Would that reporter dare report it, and risk a ruinous lawsuit filed by the people running the program? Where does political commentary end and defamation begin? I don’t know, but the Toronto city government seems determined to find out.

These worrisome legal and philosophical issues might pale in comparison to the sheer logistics of such a regime. If the Toronto government, or any other, can go after anyone who criticizes it, how long until there is an entire cadre of bureaucrats whose job it is to seek out and bankrupt critics? It might sound paranoid, but remember this is government we’re talking about.

H/T to Elizabeth for the link.

August 24, 2009

The odd economics of post-Prohibition Pennsylvania liquor laws

Filed under: Economics, Law — Tags: , , , — Nicholas @ 19:44

I’d just finished dinner at a restaurant within a short walk of my hotel, and I thought it’d be nice to have another beer when I got back to the hotel (in Pennsylvania, you buy less-than-case amounts of beer from licensed bars). I went up to the bar, and ordered six Sam Adams. The server looked at me a bit oddly, then went back to pick up my order.

When she came back, she said, “You know this is going to be very expensive, don’t you?”
“Uh, just how expensive are we talking here?
“Well, six bottles at $4 per bottle expensive. You could probably buy a case for that at [name of nearby beer warehouse].”

Two gents at the bar chime in that I’m crazy to pay that kind of money for just six beers, but they’d happily take any extras from the case I should buy at [nearby beer warehouse].

The three of them then gave me carefully simple instructions on how to find my way to [nearby beer warehouse], where I picked up this:

HopDevil

One of the most hoppy IPA brews I’ve ever tasted . . . for slightly more than what I would have had to pay for six at the bar.

August 21, 2009

Am I a sexist for saying I favour this?

Filed under: Law — Tags: , , — Nicholas @ 12:03

By way of The Register. At risk of being labelled as a sexist, I think GoTopless (probably NSFW in most workplaces) is a worthy effort:

Welcome to GoTopless.org! – We are a US organization, claiming that women have the same constitutional right to be bare chested in public places as men.

[. . .]

Why a National GoTopless Protest day? Gotopless.org claims constitutional equality between men and women on being topless in public. Currently, women who dare to be topless in public in the US are repeatedly being arrested, fined, humiliated, criminalized. On SUNDAY AUGUST 23RD, 2009, topless women will rally in great numbers across the USA to protest this gross inequality in the law and will demand that they be granted the fundamental right to be topless where men already enjoy that right according to the 14th amendment of the Constitution (please see our exact legal argument on the right to be topfree for women under “14th amendment” in news section)

It’s legal here in Ontario, although I don’t think I’ve seen anyone taking advantage of the newly established right since the day after it became legal . . .

However, my support for this particular effort in no way means I’m in favour of the Raelian agenda . . . which is, um, spacey in the extreme.

More on DNA as a crime-fighting tool

Filed under: Law, Liberty, Technology — Tags: , , — Nicholas @ 10:10

Charles Stross looks at the situation in Britain:

NDNAD, the UK’s National DNA Database, run by the Forensic Science Service under contract to the Home Office contains DNA “fingerprints” for lots of folk — 5.2% of the population as of 2005, or 3.1 million people. Some of them are criminals; some of them are clearly innocent, but were either charged with a crime and subsequently found not guilty, or had the misfortune to be detained but not subsequently charged (that is: they’re not even suspects). The Home Office takes a rather draconian view of the database’s utility, and objects strenuously to attempts to remove the records of innocent people from it — it took threats of legal action before they agreed to remove the parliamentary Conservative Party’s Immigration spokesman from the database (which he’d been added to in the course of a fruitless investigation into leaked documents that had embarrased the government) — so if senior opposition politicians have problems with it, consider the prospects for the rest of us.

In use …

Whenever a new profile is submitted, the NDNAD’s records are automatically searched for matches (hits) between individuals and unsolved crime-stain records and unsolved crime-stain to unsolved crime-stain records — linking both individuals to crimes and crimes to crimes. Matches between individuals only are reported separately for investigation as to whether one is an alias of the other. Any NDNAD hits obtained are reported directly to the police force which submitted the sample for analysis.

Now, this in itself is merely a steaming turd in the punchbowl of the right to privacy: but its use as a policing intelligence tool is indisputable. While there are some very good reasons for condemning the way it’s currently used (for example, its use in the UK has sparked accusations of racism), I can’t really see any future government forgoing such a tool completely; a DNA database of some kind is too useful. So what interests me here is the potential for future catastrophic failure modes.

Now that we’re pretty certain that DNA evidence can be easily faked, the focus of how it can be used in investigations must shift from “presence proving guilt” to “absence implying innocence”.

August 20, 2009

The Billionaire’s Vinegar-scented lawsuit

Filed under: Law, Wine — Tags: , — Nicholas @ 18:14

Mike Steinberger discusses the recent lawsuit launched by Michael Broadbent against the publishers of Benjamin Wallace’s The Billionaire’s Vinegar:

Broadbent, the legendary former head of Christie’s wine department, alleges that Wallace defamed him in his gripping whodunit about the so-called Thomas Jefferson bottles — a trove of wines initially said to have belonged to the oenophilic Virginian but now almost universally believed to have been fakes. Three of the bottles, all Bordeaux, were auctioned off by Broadbent in the 1980s, and of the many wine luminaries caught up in this saga, his reputation has suffered the most damage. Broadbent contends that he was falsely depicted in the book as being complicit in a crime. But his suit makes no claims one way or another regarding the authenticity of the wines that he sold, which can be taken as an acknowledgment that the evidence is not in his favor. Broadbent can’t undo the fact that he was at the center of what now appears to have been the greatest wine hoax ever perpetrated. By pursuing legal redress, he is simply making it harder for a more considered judgment of his actions to emerge.

[. . .]

As Wallace meticulously documents, Broadbent repeatedly and insistently vouched for Rodenstock and the Jefferson bottles. He was dismissive of the researcher at Monticello who cast doubt on the authenticity of the wines and of questions raised in the press. In addition to doing business with Rodenstock, Broadbent benefited from his largesse. Rodenstock was famous in wine circles for the marathon tastings that he held, multi-day extravaganzas that typically featured wines back to the 18th century. Broadbent attended these bacchanals, served as the authority-in-residence during them, and came away with tasting notes for many old and exceedingly rare wines. If, as now seems undeniable, Rodenstock was a con artist who trafficked in counterfeit wines, those tasting notes are worthless.

But contrary to what Broadbent is claiming in his lawsuit, The Billionaire’s Vinegar does not suggest that he was a witting accomplice to Rodenstock. Rather, the portrait that emerges is of a man who let his hopes and competitive zeal cloud his judgment.

I’ve read Wallace’s book — which I heartily recommend — and I think, based on the information presented, that Broadbent was not complicit in the apparent fraud itself, although he certainly took full advantage of the opportunity (and thereby reap the fame to go along with being associated with the “discoveries”).

August 18, 2009

This is very much an unwelcome technical discovery

Filed under: Law, Liberty, Technology — Tags: , , , — Nicholas @ 00:04

DNA evidence can be created to match a known profile:

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.

The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.

“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”

H/T to Radley Balko.

August 14, 2009

EFF slaps Burning Man around over “creative lawyering”

Filed under: Law, Liberty, Media — Tags: , — Nicholas @ 13:01

The annual Burning Man event has a reputation for quiet (and sometimes not-so-quiet) anarchy, but this year the event organizers are attempting a quick legal coup:

In a few weeks, tens of thousands of creative people will make their yearly pilgrimage to Nevada’s Black Rock desert for Burning Man, an annual art event and temporary community celebrating radical self expression, self-reliance, creativity and freedom. Most have the entirely reasonable expectation that they will own and control what is likely the largest number of creative works generated on the Playa: the photos they take to document their creations and experiences.

That’s because they haven’t read the Burning Man Terms and Conditions.

Those Terms and Conditions include a remarkable bit of legal sleight-of-hand: as soon as “any third party displays or disseminates” your photos or videos in a manner that the Burning Man Organization (BMO) doesn’t like, those photos or videos become the property of the BMO. This “we automatically own all your stuff” magic appears to be creative lawyering intended to allow the BMO to use the streamlined “notice and takedown” process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet.

It’s not particularly anarchic to use one of the most restrictive pieces of post-modern fascism legislation to attempt to control the way event attendees use their photographs and video footage.

August 11, 2009

So much for the right to not self-incriminate

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

The headline really does tell the story: Two convicted for refusal to decrypt data: Up to five years in jail after landmark prosecutions. You will provide the key, citizen . . . or you’ll do hard time:

Two people have been successfully prosecuted for refusing to provide authorities with their encryption keys, resulting in landmark convictions that may have carried jail sentences of up to five years.

The government said today it does not know their fate.

The power to force people to unscramble their data was granted to authorities in October 2007. Between 1 April, 2008 and 31 March this year the first two convictions were obtained.

The disclosure was made by Sir Christopher Rose, the government’s Chief Surveillance Commissioner, in his recent annual report.

The former High Court judge did not provide details of the crimes being investigated in the case of the individuals &mash; who were not necessarily suspects — nor of the sentences they received.

Legal FAIL

Filed under: Law, Media, Technology — Tags: , , — Nicholas @ 12:13

Andrew Orlowski shows why Charlie Nesson might as well have been custom-created by the RIAA:

Nesson has achieved something I thought was completely impossible in 2009, and that’s to allow the US recording industry’s lobby group to paint itself in a sympathetic light. No longer must the RIAA explain why their biggest members are not using technology to make money for the people they represent. The Boston case allowed the four major labels to justify an enforcement policy against opponents who appeared compulsively dishonest, irrational, paranoid, and with an abnormal sense of entitlement.

Nice work, Charlie.

Nesson failed in his avowed mission “to put the record industry on trial”. He failed to show why disproportionate statutory damages are harmful, which could have had a lasting constitutional effect. He failed to paint the defendent as sympathetic, or “one of us”. He failed to demonstrate why copyright holders make lousy cops. He even had a Judge noted for her antipathy to the big record labels. In short, he ceded the moral high ground completely and utterly to the plaintiffs, the four major record labels. The labels’ five year campaign against end users is finally at a close, but Nesson’s performance leaves it looking (undeservedly) quite fragrant.

It’s hard to imagine a worse result for anyone except the RIAA . . . they won big, and it’s hard to fault the jury for deciding the way they did . . . Nesson pretty much handed the case to the RIAA on platter:

Nesson could have pointed to the billions of royalties that haven’t been collected by the major labels failure to monetize P2P file sharing. He could have added that the Big Four don’t speak for other parts of the music business in putting Enforcement first. He missed the opportunity to gain the moral and intellectual high ground. Now I’ve no doubt Nesson is sincere in his beliefs that he’s doing everyone a favour, but then again, there’s a bloke on my bus who thinks he’s Napoleon.

Nesson’s case was a misanthropic bundle of intellectual prejudices, a worker’s paradise in which everyone has rights, except creative people. In his Kumbaya world, we’d all be better off, except the people who actually do the art. But once the jury had heard from Tenenbaum — a deeply unpleasant defendant — the die was cast.

The final word, of course, should go to “Weird Al” Yankovic, with his heart-felt, moving “Don’t Download This Song”.

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