Quotulatiousness

November 18, 2020

The Consumer Privacy Protection Act

Filed under: Business, Cancon, Government, Law, Technology — Tags: , , , — Nicholas @ 05:00

Michael Geist looks at Bill C-11, which was introduced by Navdeep Bains on Tuesday:

Parliament Hill in Ottawa.
Photo by S Nameirakpam via Wikimedia Commons.

Canada’s privacy sector privacy law was born in the late 1990s at a time when e-commerce was largely a curiosity and companies such as Facebook did not exist. For years, the privacy community has argued that Canada’s law was no longer fit for purpose and that a major overhaul was needed. The pace of reform has been frustrating slow, but today Innovation, Science and Industry Minister Navdeep Bains introduced the Consumer Privacy Protection Act (technically Bill C-11, the Digital Charter Implementation Act), which represents a dramatic change in how Canada will enforce privacy law. The bill repeals the privacy provisions of the current Personal Information Protection and Electronic Documents Act (PIPEDA) and will require considerable study to fully understand the implications of the new rules.

This post covers six of the biggest issues in the bill: the new privacy law structure, stronger enforcement, new privacy rights on data portability, de-identification, and algorithmic transparency, standards of consent, bringing back PIPEDA privacy requirements, and codes of practice. These represent significant reforms that attempt to modernize Canadian law, though some issues addressed elsewhere such as the right to be forgotten are left for another day. Given the changes – particularly on new enforcement and rights – there will undoubtedly be considerable lobbying on the bill with efforts to water down some of the provisions. Moreover, some of the new rules require accompanying regulations, which, if the battle over anti-spam laws are a model, could take years to finalize after lengthy consultations and (more) lobbying.

November 17, 2020

Cancel culture comes for Donald Trump’s lawyers

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 05:00

Mark Steyn reported yesterday that the Lincoln Project’s latest doxxing has been successful and that a law firm representing President Trump in one of his Pennsylvania suits has been intimidated into withdrawing from the case:

Donald Trump addresses a rally in Nashville, TN in March 2017.
Photo released by the Office of the President of the United States via Wikimedia Commons.

Back in the summer I mentioned on The Mark Steyn Show that “cancel culture” was increasingly literal: It used to mean you got kicked off Twitter or Facebook; then it progressed to losing your job or television show or book contract. By 2020 it had advanced to being denied domain registration on the Internet, credit-card services, bank accounts and other basic necessities of modern life. Now, in a country with more lawyers than the rest of the planet combined, the supposedly “most powerful man on earth” wakes up and finds his counsel just canceled:

    Lawyers with Porter Wright Morris & Arthur LLP submitted a filing late Thursday stating they were withdrawing as counsel in a federal suit seeking to block Pennsylvania from certifying its vote. No reason was given. In a statement issued Friday, the firm confirmed the filing but did not say why it was exiting the case.

Powerline‘s John Hinderaker reckons the reason is pretty obvious:

    Porter Wright is a mid-sized law firm with offices in eight cities across the country. But apparently it lacked the courage to stand up against the Twitter mob. The “Lincoln Project” doxxed the two Porter Wright lawyers who signed the Pennsylvania complaint, tweeting their pictures, addresses and telephone numbers, and encouraging leftists to harass them. Reportedly there also were employees at the law firm who objected to representing President Trump. Porter Wright’s abandonment of its client is shameful conduct for which I suspect it will receive little but praise.

[UPDATE: A Powerline reader with knowledge of the situation says that Porter Wright has withdrawn from only one of five suits.]

As John points out, in America everybody from 9/11 plotters to celebrity pedophiles, Boston bombers to Oscar-winning serial rapists gets hotshot law firms and nobody bats an eyelid. But not Donald J Trump, who is apparently unfit for legal representation.

If you like the sound of all that “unity” and “healing”, this is what it boils down to — unity in the sense the Soviets meant it: the absence of opposition. And, when they’re done with Trump, they’re serious about that “Truth & Reconciliation” enemies list. To reiterate a point I’ve made for months: on free speech and related issues, things are going to head south very fast. I carelessly assumed they’d wait till the inauguration, but it seems “the Office of the President-Elect” is already on the case.

November 10, 2020

The amazing mental gymnastics that lead to the US Supreme Court’s unanimous decision in Wickard v. Filburn in 1942

Filed under: Economics, Government, History, Law, USA — Tags: , , , — Nicholas @ 03:00

Antony Davies and James R. Harrigan explain how a farmer growing wheat on his own land to feed his own cattle somehow transmogrified into an interstate commerce activity that could be regulated by the federal government:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

… who ended up being tasked with deciding what Article One, Section Eight actually meant? Herein lies the wrinkle that enables all manner of constitutional mischief in the United States. The institution that ended up deciding what the federal government is empowered to do is itself a branch of the federal government. And it should come as no surprise that when push comes to shove, the Supreme Court routinely finds in favor of empowering the federal government.

This sort of mischief flowered fully in the decade following ratification of the 21st Amendment. In 1942, the Supreme Court decided a case, Wickard v. Filburn, in which farmer Roscoe Filburn ran afoul of a federal law that limited how much wheat he was allowed to grow.

A careful reader might, and should, ask where the federal government’s right to legislate the wheat market is to be found — because the word “wheat” is nowhere to be found in the Constitution. Be that as it may, the federal government’s aim was clear enough. It was to keep the price of wheat high enough for farmers to remain profitable. The Agricultural Adjustment Act of 1938 put an upper limit on how much wheat farmers were allowed to grow, which would serve to keep prices high by limiting supply.

Roscoe Filburn had grown 12 more acres of wheat than the law allowed. But not only did he not sell the excess wheat outside of his home state, but he also didn’t sell it at all. He used the wheat from those 12 acres to feed his cattle. Filburn was very clearly not engaging in commerce, let alone interstate commerce, yet the Supreme Court found (unanimously) that because Congress had the authority to regulate interstate commerce, Congress also had the authority to prohibit Filburn from growing those 12 acres of wheat for his own use. The Supreme Court’s “reasoning”?

Had Filburn not fed his cattle that excess wheat, he would have been forced to purchase wheat on the open market. And even if he purchased wheat that was grown within his home state, doing so would have made less wheat available within his home state for other wheat buyers. Consequently, some wheat buyers within his home state would then have had to buy wheat from outside the state. Therefore, Filburn’s non-commercial activity was, according to the Supreme Court, interstate commerce.

The mental gymnastics that went into this ruling made just about any activity interstate commerce by definition. Since Wickard, any time Congress has wanted to exercise power not authorized by the Constitution, lawmakers have simply had to make an argument that links whatever they want to accomplish to interstate commerce. Why? Because they know they can get away with it.

November 7, 2020

QotD: “Hate speech”

Filed under: Humour, Law, Liberty, Quotations — Tags: , , — Nicholas @ 01:00

In an attempt to put down “racism”, the concept of “hate terms” was introduced into English law for the first time. This makes many words and expressions unlawful, and punishable by fines and imprisonment. It is the most comprehensive system of censorship since the days of Hitler’s Germany and Stalin’s Russia, and means there are more restrictions on freedom of expression in England than at any other time since Hogarth’s days.

It is, of course, fatal to humour, if enforced and persisted in. For one vital quality of humour is inequality, and striking visual, aural, and physical differences. Differences in sex, age, colour, race, religion, physical ability, and strength lie at the source of the majority of jokes since the beginning of human self-consciousness. And all jokes are likely to provoke discomfort if not positive misery among those laughed at. Hence any joke is liable to fall foul of those laws. The future for humourists thus looks bleak, at the time I write this. The ordinary people like jokes, often crude ones, as George Orwell pointed out in his perceptive essay on rude seaside picture postcards. But are ordinary people, as opposed to minor officials, in charge any more? Democracy doesn’t really seem to work, and people are insufficiently dismayed at its impotence.

Paul Johnson, Humourists: From Hogarth to Noël Coward, 2010.

November 2, 2020

Hammurabi & the First Babylonian Empire

Filed under: History, Law, Middle East — Tags: , , , — Nicholas @ 02:00

History Time
Published 19 Feb 2018

A brief look at Hammurabi, the most famous king of the Old Babylonian Empire (1830 – 1531 BC)

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Music:-
Derek & Brandon Fiechter – “Byzantium”
Derek & Brandon Fiechter – “Assyrian Fortress”
Derek & Brandon Fiechter – “Hittite Chariots”

Recommended reading:-
Babylon, Paul Kriwaczek
The History of the Ancient World, Susan Bauer

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October 15, 2020

DicKtionary – L is for Lawman – Tom Horn

Filed under: History, Law, USA — Tags: , , , , — Nicholas @ 04:00

TimeGhost History
Published 14 Oct 2020

Morally ambiguous guns for hire are a fantasy of old Western films, right? Well not in the case of Tom Horn! A lawman, a cowboy, a soldier, and ultimately: a dick.

Join us on Patreon: https://www.patreon.com/TimeGhostHistory

Written and Hosted by Indy Neidell
Director: Astrid Deinhard
Producers: Astrid Deinhard and Spartacus Olsson
Executive Producers: Astrid Deinhard, Indy Neidell, Spartacus Olsson, Bodo Rittenauer
Creative Producer: Joram Appel
Post-Production Director: Wieke Kapteijns
Research by: Indy Neidell
Image Research by: Karolina Dołęga
Edited by: Karolina Dołęga
Sound design: Marek Kamiński

Sources:
– Pictures of Tom Horn courtesy of Wyoming State Archives Photo Collection
– Library of Congress
– National Archives NARA
– Picture of Valley RoadArizona courtesy ofThe Old Pueblo from Wikimedia
– Icons from The Noun Project: Child by Gan Khoon Lay, Cow by Alena Artemova, Cowboys by Simon Child, cowboy avatar by Silviu Ojog, Cowboy by Gan Khoon Lay, cowboy man Adrien Coquet, cowboy by Luis Prado, Cowboy Shoot by Gan Khoon Lay, Cowboy Shooting by Gan Khoon Lay, duel by Gan Khoon Lay, Dead Soldier by Gan Khoon Lay & Joab Penalva, Shootout by Gan Khoon Lay, Sheep by Pariphat Sinma.

Music:
– “Ghosts of the Rail” – Gabriel Lewis
– “Miss Dynamite” – Walt Adams
– “Gone Surfing (Sting)” – Stefan Netsman
– “Run Dry River” – River Run Dry

Archive by Screenocean/Reuters https://www.screenocean.com.

A TimeGhost chronological documentary produced by OnLion Entertainment GmbH.

This is what happens when politicians delegate too much of their powers to the courts

Filed under: History, Law, Politics, Russia, USA — Tags: , , , , — Nicholas @ 03:00

At the Foundation for Economic Education, Lawrence W. Reed recounts the stunning injustice of Soviet “justice”, in the person of Nikolai Krylenko:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

As I watched the first day of hearings on Judge Barrett’s nomination, I was reminded of a largely forgotten Soviet legal theoretician from decades ago. His name was Nikolai Krylenko. Judge Barrett is being given the Krylenko treatment by Democrat senators like Cory Booker and Kamala Harris, meaning this: The only thing that matters is whether she will vote their party line in future cases.

Under the communist dictatorship of Lenin and then Stalin, Krylenko (1885-1938) rose through the Soviet Union’s legal system to become People’s Commissar for Justice and a Prosecutor General. He was a leading practitioner of the theory of “socialist legality,” which held that an accused person’s innocence or guilt depended on that person’s politics (real or imagined). It sounds nuts and indeed, it was. It was the stuff of Orwell’s nightmare, and one of the reasons the Soviet Union thankfully perished of its own poison.

In The Gulag Archipelago, the famous Soviet dissident and Nobel laureate Aleksandr Solzhenitsyn recounted an episode involving Krylenko. Shortly after Lenin’s Bolsheviks assumed power in 1917, an admiral named Shchastny was sentenced by one of the regime’s judges “to be shot within 24 hours.” When some in the courtroom expressed shock, it was Krylenko who responded thusly: “What are you worrying about? Executions have been abolished. But Shchastny is not being executed; he is being shot.”

To Krylenko, the only morality was what served the Party and the State, which of course in the Soviet Union were one and the same. If your politics were not correct, you would be “corrected,” one way or the other. In Richard Pipes’ authoritative book, The Russian Revolution, Krylenko is quoted as exclaiming, “We must execute not only the guilty. Execution of the innocent will impress the masses even more.”

At the Senate hearings for the Barrett nomination, it was apparent the first day that the Judge was being Krylenkoed. Hostile senators pronounced their verdicts before she had uttered a word, and those verdicts had nothing to do with Barrett’s stellar qualifications or keen legal mind. Legal analyst and George Washington University Law School professor Jonathan Turley commented,

    What they were suggesting is that they will be voting against her because of what they expected her vote would be in a pending case, and that is a conditional confirmation … Here, the senators seem to be saying, “I’m not even going to listen; I’m going to vote against you because I don’t think you’re going to vote the right way …”

Judge Barrett clearly articulated her judicial philosophy, borne out by the way she has ruled at the US Court of Appeals for the Seventh Circuit: She believes the role of a judge or justice is to follow the Constitution and the law as written, not make stuff up in the service of a political agenda. How ironic that this is a point of fiery contention. Senators who swore an oath to uphold the Constitution and the law hate the guts of a judge who does just that!

October 2, 2020

The “Catch-22” in RBG’s majority opinion in City of Sherrill V. Oneida Indian Nation of N.Y.

Filed under: Government, History, Law, USA — Tags: , , , — Nicholas @ 03:00

In The Line, Meaghie Champion outlines the awkward position the Oneida First Nation found itself in after their case made it to the US Supreme Court:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

In 2005, in the case of the City of Sherrill V. Oneida Indian Nation of N.Y., the U.S. Supreme Court ruled against the Oneidas, after the nation had attempted to assert sovereignty in traditional land they had to re-purchase after it had been illegally acquired.

Writing the majority position was the late liberal figurehead now being lionized in U.S. media — Ruth Bader Ginsburg.

Granted, she fought for women’s rights and accomplished a lot. She was a law school professor and a judge. She was one of the leaders of the American Civil Liberties Union. She was the second woman to ever serve on the United States Supreme Court. She was influential in a lot of cases on the Supreme Court, including a labour law case that inspired a law to be passed, and an environmental case that set new standards for who could be heard in court on environmental issues. Since her recent death, the news coverage has been singing her praises like hagiography.

But study history and you will find lots of villains, and no saints. Many First Nations people in North America look on Ginsburg’s reification with a much more skeptical eye.

Meanwhile, the sovereignty of many Indigenous nations in B.C. has never been extinguished. Many First Nations here are being corralled into signing treaties that give up lands, rights and sovereignty. They may look to the Oneida as a cautionary tale. When it comes to sovereignty, you must use it or lose it. Don’t look to courts to give it back later. Not even when you have a social justice saint for a judge.

Ginsburg ruled that Indian land in central New York acquired in violation of U.S. federal law, a treaty, and the U.S. Constitution, could not be reintegrated into the ancestral lands of the Oneida Indian Nation — that the Oneidas would be required to pay property taxes to the local government of the City of Sherill. That is, unless the Oneidas sacrificed that land and allowed the federal government to administer it as a trust.

Justice Ginsburg wrote that 200 years had passed since the initial illegal acquisition, the land had passed hands between jurisdictions multiple times over the period, and that the Oneida had just waited too long. (Even though the U.S. Supreme Court acknowledged in 2005 that there was no specific time limit on this kind of case.) She claimed in her opinion that it would just be “unfair” to the non-natives in this case. If the Oneida had sued in court sooner, then it would have been different.

In the long and fraught web of relationships between First Nations and the United States government, it’s hard to pick a time before the late 20th century or early 21st where a First Nations case might be given full and fair hearing by any federal court, which shows Ginsburg’s opinion to be … lacking in historical sensitivity.

October 1, 2020

Supreme Court Shenanigans!

Filed under: Government, Law, Politics, USA — Tags: , , , — Nicholas @ 06:00

CGP Grey
Published 30 Sep 2020

September 30, 2020

The feds go trampling all over provincial responsibilities again

Filed under: Cancon, Government, Health, Law — Tags: , , , — Nicholas @ 03:00

Ted Campbell suggests that even a cursory reading of the constitution does not give the federal government the power to trespass (again) in what is clearly, legally, a provincial government area of responsibility:

“The Fathers of Confederation”
The original painting by Robert Harris (1884) was destroyed in the 1916 Parliament Building fire, and this image for the “Gallery of Canadian History” series of lithographs by Confederation Life Insurance Company is based on a photograph by James Ashfield (1885).
Libraries and Archives Canada item ID number 3013194. http://central.bac-lac.gc.ca/.redirect?app=fonandcol&id=3013194&lang=eng

[T]he Parliament of Canada should look to §91. Here is what the Constitution says are the areas of national government’s concern: The Public Debt and Property; The Regulation of Trade and Commerce; Unemployment insurance; The raising of Money by any Mode or System of Taxation; The borrowing of Money on the Public Credit; Postal Service; The Census and Statistics; Militia, Military and Naval Service, and Defence; The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada; Beacons, Buoys, Lighthouses, and Sable Island; Navigation and Shipping; Quarantine and the Establishment and Maintenance of Marine Hospitals; Sea Coast and Inland Fisheries; Ferries between a Province and any British or Foreign Country or between Two Provinces; Currency and Coinage; Banking, Incorporation of Banks, and the Issue of Paper Money; Savings Banks; Weights and Measures; Bills of Exchange and Promissory Notes; Interest; Legal Tender; Bankruptcy and Insolvency; Patents of Invention and Discovery; Copyrights; Indians, and Lands reserved for the Indians; Naturalization and Aliens; Marriage and Divorce; The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters; The Establishment, Maintenance, and Management of Penitentiaries; and Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

In that looooong list I can find more than adequate justifications for ministers and government departments that are responsible for: finance and revenue; industry, trade, and commerce; defence; foreign affairs; transport; fisheries and oceans; citizenship and immigration; health; and for independent agencies like the Bank of Canada, Canada Post and Statistics Canada. I cannot find anything that says we need a Minister for Women and Gender Equality, nor one for Diversity, Inclusion and Youth nor, especially, Ministers for Canadian Heritage and Middle Class Prosperity.

A lot of things have changed since 1867; the telegraph was still fairly new and innovative, a practical telephone wouldn’t be invented until ten years after confederation and the first useful long-haul radio transmission and reception, from Britain to Signal Hill in St John’s didn’t come until the dawn of the 20th century, thus ideas like the CBC, the Internet, Netflix, air traffic control and the North Warning System were far beyond the imagination of the men ~ they were pretty much all men, working in government, back in the 1860s, weren’t they? ~ who drafted the Canadian Constitution.

What was clear to them, based on the United States experiences, was that §90 to §95 which spell out “who does what to whom” were important to the functioning of a federal state, especially to one in which traditional provincial rights and diverse cultures were well established. Now, it is important to remember that in Canada’s long and rich history there were instances, especially during great wars, when the provinces agreed to federal intrusions into their areas of responsibility; this is not one long story of federal bullying. But what seems perfectly clear to me ~ and I suspect to e.g. John Horgan, Jason Kenney, Doug Ford, François Legault and the other premiers is that last week’s Throne Speech marks another major and quite unjustified federal assault on their jurisdictions. What’s happened, according to Manitoba Premier Brian Pallister, is that the provinces have all the health care delivery problems but, thanks, in some part, to tax decisions made in 1942, the feds have all the money. The solution is blindingly obvious: transfer tax “points” as some experts call them, to the provinces so that they, not Justin Trudeau, who have the problems of too few physicians, too few nurses and too few hospital beds also have the money to solve them.

September 21, 2020

Ruth Bader Ginsburg, RIP

Filed under: Law, Politics, USA — Tags: , — Nicholas @ 03:00

David Warren notes the passing of US Supreme Court Justice Ruth Bader Ginsburg at a particularly fraught moment in US political history:

US Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia.
Screencap from a report by CBS News.

The death of the prominent American jurisprude, Ruth Bader Ginsburg, will be this morning’s example. I noticed that a favoured rightwing blog said, “Breaking news. Try to show some respect for the dead.” This comes more easily to a human being, if he is at least superficially decent. Self-discipline may make it possible for others.

Mrs Ginsburg was toward the left side of the Supreme Court in Washington, in her rulings and often articulate dissents, but I loved her anyway. So did the late Antonin Scalia, who when he died inspired real grief to exponents of the other side. They were notorious buddies, Ginsburg and Scalia. They were more than willing to hear each other out; neither was a hothead. Both were deeply informed about Yankee law, and human law generally, unlike most judges. They could discuss its principles at a high level; and at a low, with a sense of humour. Their mutual respect set an example in their vicinity, claquers who included other Court members. They were both utterly worth having at their stations.

One wonders if those days are gone, for the foreseeable future, when some degree of civilization was possible in legal and political debate. When I look instead at electoral campaigns, in which knowing, malicious lies are repeated by both sides, and both are trying to raise the temperature (I won’t say “equally”), I see something larger than the current political issues. We cannot have public order if this continues; only tyranny can be imposed by one side. Mistakes are being made by “my side,” when we forget that daily life requires negotiation. Or rather it doesn’t, if one prefers civil war.

September 3, 2020

“[L]ooting is a powerful tool to bring about real, lasting change in society.”

Filed under: Books, Law, Politics, USA — Tags: , , , — Nicholas @ 03:00

Not everyone on the progressive team is all-in on the “Loot your way to utopia”, as Graeme Wood (risking cancellation by his co-religionists) criticizes Vicky Osterweil’s paean to looters and looting:

Last week, NPR’s Code Switch published an interview with Vicky Osterweil, the author of In Defense of Looting: A Riotous History of Uncivil Action. NPR summarizes the book as an argument that “looting is a powerful tool to bring about real, lasting change in society.” If the real, lasting change you wish to effect is burning society to cinders and crippling for a generation its ability to serve its poorest citizens, then I suppose I am forced to agree. Osterweil sees an upside. Looting is good, she says, because it exposes a deep truth about the great American confidence game, which is that “without police and without state oppression, we can have things for free.” She came to this conclusion six years ago, and in her book, which is written “in love and solidarity with looters the world over,” she defends this view as ably as anyone could.

Osterweil’s argument is simple. The “so-called” United States was founded in “cisheteropatriarchal racial capitalist” violence. That violence produced our current system, particularly its property relations, and looting is a remedy for that sickness. “Looting rejects the legitimacy of ownership rights and property, the moral injunction to work for a living, and the ‘justice’ of law and order,” she writes. Ownership of things — not just people — is “innately, structurally white supremacist.”

The rest of the remedy is more violence, which she celebrates as an underrated engine for social justice. The destruction of businesses is an “experience of pleasure, joy, and freedom,” Osterweil writes. It is also a form of “queer birth.” “Riots are violent, extreme, and femme as fuck,” according to Osterweil. “They rip, tear, burn, and destroy to give birth to a new world.” She reserves her most pungent criticism for advocates of nonviolence, a “bankrupt concept” primarily valuable for enlisting “northern liberals.” Liberal is pejorative in this book. Martin Luther King Jr. is grudgingly acknowledged as a positive figure, but not as positive a figure as he would have been if he had kicked some white-capitalist ass and put a few pigs in the ICU. The “I Have a Dream” speech was, Osterweil writes, “the product of a series of sellouts and silencings, of nonviolent leaders dampening the militancy of the grass roots” and “sapping the movement’s energy.” More to her taste is Robert F. Williams, who practiced armed resistance, and Assata Shakur, who murdered a New Jersey police officer and remains a fugitive in Cuba. The violence needn’t be in self-defense — Shakur’s certainly was not. Osterweil quotes the “wisdom” of Stokely Carmichael: “Responsibility for the use of violence by black men, whether in self-defense or initiated by them [emphasis mine], lies with the white community.”

By now you have guessed that I am not the audience for this book. I have a job, and am therefore invested in building a system where you get paid for your work and pay others for theirs, and then everyone pays taxes to make sure that if these arrangements don’t work out, you can still have a dignified life. (Easily my favorite line in the book was written not by the author but by her publisher, right under the copyright notice: “The scanning, uploading, and distribution of this book without permission is a theft of the author’s intellectual property,” it says. “Thank you for your support of the author’s rights.”) My job sometimes entails traveling to countries recently or currently destroyed by civil unrest, and that experience has made me appreciate the fragility of peace, and has not made me eager to conduct a similar experiment in my own city.

September 2, 2020

QotD: Prohibition

Filed under: History, Law, Liberty, Quotations, USA — Tags: , , — Nicholas @ 01:00

Prohibition only makes things worse, like when alcohol Prohibition turned us from a peaceful nation of wine and beer drinkers into a crazed culture going blind on bathtub gin while the distributors shot each other down with Tommy-guns in the streets.

Vin Suprynowicz, “On Reporters Who Ask No (Unapproved) Questions”, Libertarian Enterprise, 2018-06-03.

August 30, 2020

“When I use the word looting, I mean the mass expropriation of property, mass shoplifting during a moment of upheaval or riot. That’s the thing I’m defending.”

Filed under: Books, Law, Politics, USA — Tags: , , , — Nicholas @ 05:00

An NPR interview with author Vicky Osterweil about her new book In Defense of Looting, published last week:

During the uprisings of this past summer, rioting and looting have often gone hand in hand. Can you talk about the distinction you see between the two?

“Rioting” generally refers to any moment of mass unrest or upheaval. Riots are a space in which a mass of people has produced a situation in which the general laws that govern society no longer function, and people can act in different ways in the street and in public. I’d say that rioting is a broader category, in which looting appears as a tactic.

Often, looting is more common among movements that are coming from below. It tends to be an attack on a business, a commercial space, maybe a government building — taking those things that would otherwise be commodified and controlled and sharing them for free.

Can you talk about rioting as a tactic? What are the reasons people deploy it as a strategy?

It does a number of important things. It gets people what they need for free immediately, which means that they are capable of living and reproducing their lives without having to rely on jobs or a wage — which, during COVID times, is widely unreliable or, particularly in these communities is often not available, or it comes at great risk. That’s looting’s most basic tactical power as a political mode of action.

It also attacks the very way in which food and things are distributed. It attacks the idea of property, and it attacks the idea that in order for someone to have a roof over their head or have a meal ticket, they have to work for a boss, in order to buy things that people just like them somewhere else in the world had to make under the same conditions. It points to the way in which that’s unjust. And the reason that the world is organized that way, obviously, is for the profit of the people who own the stores and the factories. So you get to the heart of that property relation, and demonstrate that without police and without state oppression, we can have things for free.

Importantly, I think especially when it’s in the context of a Black uprising like the one we’re living through now, it also attacks the history of whiteness and white supremacy. The very basis of property in the U.S. is derived through whiteness and through Black oppression, through the history of slavery and settler domination of the country. Looting strikes at the heart of property, of whiteness and of the police. It gets to the very root of the way those three things are interconnected. And also it provides people with an imaginative sense of freedom and pleasure and helps them imagine a world that could be. And I think that’s a part of it that doesn’t really get talked about — that riots and looting are experienced as sort of joyous and liberatory.

[…]

What would you say to people who are concerned about essential places like grocery stores or pharmacies being attacked in those communities?

When it comes to small business, family owned business or locally owned business, they are no more likely to provide worker protections. They are no more likely to have to provide good stuff for the community than big businesses. It’s actually a Republican myth that has, over the last 20 years, really crawled into even leftist discourse: that the small business owner must be respected, that the small business owner creates jobs and is part of the community. But that’s actually a right-wing myth.

A business being attacked in the community is ultimately about attacking like modes of oppression that exist in the community. It is true and possible that there are instances historically when businesses have refused to reopen or to come back. But that is a part of the inequity of the society, that people live in places where there is only one place where they can get access to something [like food or medicine]. That question assumes well, what if you’re in a food desert? But the food desert is already an incredibly unjust situation. There’s this real tendency to try and blame people for fighting back, for revealing the inequity of the injustice that’s already been formed by the time that they’re fighting.

H/T to Amy Alkon for the link.

Update: Ann Althouse also commented on the NPR interview:

I don’t know if other people in “the movement” are happy to see that idea spoken aloud [that looters and rioters have “always been a part of our movement”]. I’ve been hearing that there are 2 groups of people — the peaceful protesters and these mysterious other people, who, I’ve noted, the journalists don’t seem to care to identify and investigate. Osterweil is saying these are not 2 different groups. It’s one movement, and it’s been going on for a long time.

[…]

That seems to present looting as street theater with a message. It makes an argument. A terrible argument. We’ve heard that argument in words many times over the years, and most Americans reject it. We want to work and build wealth and enjoy our lives and we want the great mutual benefits of hard work and wealth. Osterweil’s looting is a switch from making the argument against property in words and to speak with actions — the destruction of property. But that doesn’t make the argument more convincing! It’s a nasty tantrum thrown because you can’t convince people with your ideas. Ironically, fortunately, it makes the argument for the other side.

August 25, 2020

QotD: Collective punishment

We used to take calls for collective punishment much more seriously. In the 1949 Geneva Convention it was determined that: “No protected person may be punished for an offense he or she has not personally committed.” Collective punishment was seen as a tactic designed to intimidate and subdue an entire population. The drafters of the Geneva Convention clearly had in mind the atrocities committed in WWI and WWII where entire villages and communities suffered mass retribution for the resistance activities of a few. In their commentary on the outlawing of collective punishment the International Red Cross stated: “A great step forward has been taken. Responsibility is personal and it will no longer be possible to inflict penalties on persons who have themselves not committed the acts complained of.”

In times of peace, collective punishment may come in the form of social media dust-ups over sombrero hats or Chinese dresses. Gradual softening on the taboo of collective punishment does not bode well for the health of liberal democracies. Which is also why it is important for us all to remember that social-justice activists who complain about cultural appropriation only represent themselves, and not the minority groups to which they belong.

Claire Lehmann, “The Evils of Cultural Appropriation”, Tablet, 2018-06-11.

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