Quotulatiousness

June 27, 2018

Calico prohibition

Filed under: Business, France, History, India, Law — Tags: , — Nicholas @ 06:00

In the current issue of Reason, Virginia Postrel outlines an eighteenth-century French government attempt to prohibit calico cloth:

Calico printing, an image from Wellcome Images, via Wikimedia Commons

On a shopping trip to the butcher’s, young Miss la Genne wore her new, form-fitting jacket, a stylish cotton print with large brown flowers and red stripes on a white background. It got her arrested.

Another young woman stood in the door of her boss’ wine shop sporting a similar jacket with red flowers. She too was arrested. So were Madame de Ville, the lady Coulange, and Madame Boite. Through the windows of their homes, law enforcement authorities spotted these unlucky women in clothing with red flowers printed on white. They were busted for possession.

It was Paris in 1730, and the printed cotton fabrics known as toiles peintes or indiennes — in English, calicoes, chintzes, or muslins — had been illegal since 1686. It was an extreme version of trade protectionism, designed to shelter French textile producers from Indian cottons. Every few years the authorities would tweak the law, but the fashion refused to die.

Frustrated by rampant smuggling and ubiquitous scofflaws, in 1726 the government increased penalties for traffickers and anyone helping them. Offenders could be sentenced to years in galleys, with violent smugglers put to death. Local authorities were given the power to detain without trial anyone who merely wore the forbidden fabrics or upholstered furniture with them.

“The exasperation of the lawmakers, after forty years of successive edicts and ordinances which had been largely ignored, flouted or circumvented on a wholesale basis, can be sensed in this law,” writes the fashion historian Gillian Crosby in a 2015 dissertation on the ban. Her archival research shows a spike in arrests for simple possession. “Impotent at stopping the cross-border trade, printing or the peddling of goods,” she writes, “government officials concentrated on making an example of individual wearers, in an attempt to halt the fashion.”

They failed.

In the annals of prohibition, the French war on printed fabrics is one of the strangest, most futile, and most extreme chapters. It’s also one of the most intellectually consequential, producing many of the earliest arguments for economic liberalism. “Long before the more famous debates about the liberalisation of the grain trade, about taxation, or even about the monopoly of the French Indies Company, philosophes and Enlightenment political economists saw the calico debate as their first important battleground,” writes the historian Felicia Gottmann in Global Trade, Smuggling, and the Making of Economic Liberalism (Palgrave Macmillan).

Remy: Violent Video Games

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

ReasonTV
Published on 26 Jun 2018

In prison for life, Remy looks back on his violent past and contemplates where it all went wrong and who’s to blame.

Written and Performed by Remy
Shot and Edited by Austin Bragg and Meredith Bragg
Mastering by Ben Karlstrom
Music tracks by Grind Time Production Squad

Reason is the planet’s leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won’t get from legacy media and old left-right opinion magazines.

—————-

LYRICS:

In the clink
In the slammer
Yeah I’m doing hard time
For a crime that I committed
Back in 2009

See violent games lead to crimes
Wish I knew from the start
Before I ever got involved
In playing Mario Kart

I was hugging the turns
Heaving items for thrills
Ain’t seen a toad so damaged by shell
Since that last oil spill

But something happens to your brain
Doing virtual wrongs
Woke up the next morning
And it wasn’t too long before I was

Dropping bananas Upon every street
Hurling turtles
Hurting every single person I see

Then I was road-raging at plumbers
Nobody could stop me
I’d run princesses off the road so much
I joined the paparazzi

Now I’m in prison doing 20 to life
How could such a game be legal man
The danger is rife

Well my fate is sealed
Won’t be doing right
Because I’m playing violent video games tonight
And the things I do I then do in life
It’s a tragedy
I’m gonna be in jail for life

Reminds me of another time
My life went astray
Playing a World War 2 game
Back in 2008

I was only playing a minute
Then I felt an unease
Next thing I did right after playing
I interred the Japanese

Years later I would pay the judges
To win every race
It’s just what happens when you play
Too many games by EA

Now I’m doing life
With no chance of parole
Why didn’t anybody ban these games
How was I to know

CHORUS

Expert here
And forgive me for stalling
But violent video games
The stats are appalling

Just look at this graph
And as you can tell
As gameplay’s increased
Youth crime has as well

Uh – It’s gone down
Well who needs a chart?
I took 400 grand in loans
So you know that I’m smart

Like a guy leaving the mohel
You’re missing the point
Freedom’s when you only get to play
The games we anoint

June 25, 2018

Differences between the United States and the “idealized” United States of Europe

Filed under: Bureaucracy, Europe, Law, Liberty, USA — Tags: , , , — Nicholas @ 03:00

Tim Worstall, in the Continental Telegraph:

There are those who think – urge, wish for perhaps – the European Union is or should become the United States of Europe. Lots of central bureaucratic control, the nation states left as just the remnants of once independent countries like the US states are these days. In some ways the two systems are very much the same already. No US state has any control at all over trade across its own border. Nor does any EU one. Trade is an issue solely the competence of the central organisations, respectively Washington DC and Brussels. Equally, both systems use this central control of trade and trade only to expand that central control.

In the US there was a case that Federal control of trade meant that the Feds got to decide who could grow wheat where and when. The usual sort of planning idiocy led to the Feds telling farmers who could grow how much and when. One farmer claimed he was only growing for his own consumption and this shouldn’t be limited. The centre (the Supreme Court) disagreed, the crux being that if he didn’t grow for his own consumption he would buy, this affected inter-state commerce, he had to obey the Feds. The EU takes this a step further. The Single Market rules are nominally about trade. Anything legal to be buying and selling in one place is such in all is a reasonable explanation of the nub of the matter. Sure, exceptions and all that. But this then smuggles into all law that continental (Roman Law really) idea that what is legal to do is something that the legislation defines. Instead of that Common Law idea that legislation, the law even, defines what it is illegal to do all other things being legal.

Once this is accepted then of course the next step is that there must be regulation of all things so as to tell people what it is legal to do. In this manner all sorts of things get smuggled in. Vacuum cleaner motors must be limited to a certain size or power. Because those whose lives are unfortunate enough that they’ve time to spare to be concerned about legislation on such matters note that they can be and thus incorporate their trivialities into legislation. The extent of this reach is larger than you think. The underlying legal, not political, justification for recycling targets is that some countries – Holland, where digging a hole gains nothing but wet boots – don’t have space for landfill. This would put them at a disadvantage if other countries do have the space, therefore all must recycle.

Giving the centre power always, but always, means an extension of the centre’s power. The two systems aren’t so different then.

June 24, 2018

Europe and the refugees

Filed under: Africa, Europe, Government, Italy, Law, Middle East, Politics — Tags: , , , , — Nicholas @ 05:00

Theodore Dalrymple on the various European governments’ attitudes and actions on the refugee problem:

Europe, despite its Union, is as divided as ever. Recently, when Italy’s new right-wing government — anxious to prove its credentials — refused to allow a boat carrying 629 African migrants to dock in Italy, Spain’s new left-wing government — equally anxious to do the same — accepted the boat. When the French president, Emmanuel Macron, criticized the Italians for their decision, the Italian government accused the French of hypocrisy, inasmuch as they had refused to take more than 9,000 migrants from Italy that they had previously agreed to accept.

This story is revealing in several aspects. The first is that, whatever attitude governments take to the migrants, no one truly believes that they are more of an asset than a liability. Madrid’s action, for example, was taken on “humanitarian” grounds, rather than because it believed that Spain would benefit from the migrants’ presence. When European leaders discuss the migrant question, it is always in terms of sharing the burden, not the assets, equitably. No one speaks of foreign investment in this way, which suggests that European politicians believe, whether rightly or wrongly, that the free movement of people and capital are different in an important way.

The leaders speak of sharing the burden, then, and are incensed when countries such as Hungary and Poland refuse point-blank to take any migrants from Africa or the Middle East. But I have never seen mentioned in this context the question of where the migrants themselves want to go. They might as well be inanimate toxic waste as far as the discussion is concerned, rather than human beings with wishes, desires, ambitions, and so forth. They are but pawns in a political game. Hungary, for example, is deemed duty-bound to take x number of migrants: no one asks whether x number of migrants can be found who want to go to Hungary. Nor is the question ever discussed in public whether Hungary, having open borders, would be held responsible for making the migrants stay there once they had arrived. Short of penning them in, how exactly would you keep them in Hungary, or in Poland?

Berlin protest planned against EU’s proposed copyright changes

Filed under: Europe, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 03:00

If you’re a regular internet user and you’re anywhere near Berlin, you might want to consider supporting this protest:

On Wednesday, the Legislative Committee of the European Union narrowly voted to keep the two most controversial internet censorship and surveillance proposals in European history in the upcoming revision to the Copyright Directive — as soon as July Fourth, the whole European Parliament could vote to make this the law of 28 EU member-states.

The two proposals were Article 11 (the link tax), which bans linking to news articles without paying for a license from each news-site you want to link to; and Article 13 (the copyright filters), requiring that everything that Europeans post be checked first for potential copyright infringements and censored if an algorithm decides that your expression might breach someone’s copyright.

These proposals were voted through even though experts agree that they will be catastrophic for free speech and competition, raising the table-stakes for new internet companies by hundreds of millions of euros, meaning that the US-based Big Tech giants will enjoy permanent rule over the European internet. Not only did the UN’s special rapporteur on freedom of expression publicly condemn the proposal; so did more than 70 of the internet’s leading luminaries, including the co-creators of the World Wide Web, Wikipedia, and TCP.

We have mere days to head this off: the German Pirate Party has called for protests in Berlin this Sunday, June 24 at 11:45h outside European House Unter den Linden 78, 10117 Berlin. They’ll march on the headquarters of Axel-Springer, a publisher that lobbied relentlessly for these proposals.

If you use the Internet to communicate, organize, and educate it’s time to speak out. Show up, stand up, because the Internet needs you!

Original post, with embedded links, at BoingBoing.

June 20, 2018

Do You Have a Right To Repair Your Phone? The Fight Between Big Tech and Consumers

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

ReasonTV
Published on 18 Jun 2018

Eric Lundgren got 15 months in prison for selling pirated Microsoft software that the tech giant gives away for free. His case cuts to the heart of a major battle going on in the tech industry today: Companies are trying to preserve aspects of U.S. copyright law that give them enormous power over the products we own.

Reason is the planet’s leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won’t get from legacy media and old left-right opinion magazines.

June 9, 2018

The (formerly) friendly Bobby – “The police have been alienating their erstwhile natural friends for some time”

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

Patrick West on the long decline in public trust for British police:

Metropolitan Police at G20 protests in London, 2009-04-01
Photo via Wikimedia Commons

In Britain, there have traditionally been two sections of society who dislike the police. One type are radicals – or pseudo-radicals, as epitomised by the capitalist-run store Lush and Rik from The Young Ones – who object to the forces of law’n’order on anarcho-libertarian grounds. The police for them are ‘pigs’. The other type are the working class, or sections of it, who object to the police on account of them poking their nose into private matters that don’t concern them. The police for them have historically been ‘the filth’.

Yet the police are now widely disliked beyond those two demographics. These days, even conservatives and the respectable middle class don’t like the rozzers. A story beyond the hoo-ha over Lush and its anti-police ads might help to explain why.

This year there has been a litany of reports about rape cases collapsing owing to police failing to investigate evidence that would have exonerated the defendants. And this week it was revealed that 47 rape and sexual-assault cases in England and Wales were halted between January and mid-February because evidence was withheld from defence lawyers.

This is not entirely the police’s fault. They have been under political pressure from lobby groups obsessed with attaining rape conviction quotas – as if justice was about achieving statistical targets, rather than punishing guilty individuals and letting innocent individuals go free. As the Daily Telegraph, a newspaper that should be a natural friend of the police, put it: ‘It is hard not to conclude that under pressure to increase conviction rates, the police and prosecutors simply withheld evidence that would help the defence, in order to make a successful prosecution more likely.’

The police have been alienating their erstwhile natural friends for some time. This first became evident at the end of the last century, with the jailing of the Norfolk farmer Tony Martin for shooting dead a burglar who had broken into his home. The consequent outrage in the conservative press stemmed from a belief that the police were now more concerned with the human rights of criminals than with crimes against private property, in this case.

June 2, 2018

YouTube Won’t Host Our Homemade Gun Video. So We Posted It on PornHub Instead.

Filed under: Business, Government, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 04:00

ReasonTV
Published on 31 May 2018

Reason has a new video out today explaining how to put together a homemade handgun using some very simple tools and parts you can buy online. But you won’t find it on our YouTube channel.
_____

After the March for Our Lives rally, YouTube announced that it would no longer allow users to post videos that contain “instructions on manufacturing a firearm.”

Our video and its accompanying article are part of a package of stories in Reason‘s “Burn After Reading” issue. It includes a bunch of how-to’s, including how to bake pot brownies, how to use bitcoin anonymously, how to pick the lock on handcuffs, and how to hire an escort.

The whole issue is a celebration of free speech and our way of documenting how utterly futile of all kinds of prohibitions can be.

We made a video showing how easy it is to DIY a Glock because we wanted to show how the First Amendment reinforces the Second Amendment. If a bunch of journalists can build a handgun in their kitchen, we can assume it’ll be pretty hard to keep guns out of the hands of motivated criminals.

If YouTube prevents us from uploading the video, have they violated our First Amendment rights?

“YouTube of old days was this amazing thing that has become the digital library of Alexandria on the Internet,” says Karl Kasarda, the co-host of InRangeTV, a weekly YouTube show about guns. The show used to survive on ad revenue, until YouTube started de-monetizing certain forms of content. Once YouTube made it impossible for Kasarda to make money on its platform, he started posting his content to other places, including PornHub.

Last October Prager University, a conservative video production shop, sued YouTube, saying it had restricted the audience for content and alleging that the company was “unlawfully censoring its educational videos and discriminating against its right to freedom of speech.”

But here’s the thing: YouTube is a private platform. There is nothing in the First Amendment (or the Second) that requires them to host our gun video. Reason can turn down articles for any cause that we choose. We can do it because we don’t like the color of the author’s hair, or because we don’t like the font she used in her pitch email. We wouldn’t be violating a single constitutional right by doing so.

We wish YouTube would run our video. It’s awesome. But equally awesome is YouTube’s right — our right — not to run content we don’t like.

Karl Kasarda is correct that YouTube is the closest thing we have to the Library of Alexandria. It still doesn’t mean they have to carry our video.

YouTube is hardly the first to test this principle. In 1972, a teachers union president who was running for state legislature sued The Miami Herald, insisting it run an editorial he had written after he was attacked in its pages. The Supreme Court correctly ruled that ordering a newspaper to print an editorial violates the First Amendment. After all, a newspaper is “more than a passive receptacle.”

Prager University argued that YouTube isn’t entitled to the same editorial discretion as The Miami Herald because it advertises itself as a “platform for free expression” that’s “committed to fostering a community where everyone’s voice can be heard.” A federal judge, thankfully, dismissed the Prager lawsuit, rejecting the company’s argument that YouTube is comparable to a “government entity” and thus must be open-access. A slew of other judges have arrived at the same conclusion.

YouTube deserves the same editorial latitude those judges gave to The Miami Herald in the 1970s and that Reason enjoys today.

And that’s one of the things our new gun video is celebrating. If YouTube doesn’t want to post it to their site, its loss. We’ll just post it to another platform. That’s what the free and open internet is all about. So if you want to see our video, you can watch it here at Reason.com — or head over to PornHub and see how to make your very own unregistered firearm.

Links:
https://reason.com/archives/2018/05/31/how-to-legally-make-your-own-o
https://www.pornhub.com/view_video.php?viewkey=ph5b0460dc60380

Edited by Todd Krainin. Narrated by Katherine Mangu-Ward. Written by Jim Epstein and Katherine Mangu-Ward. Cameras by Meredith Bragg.

The Robinson Affair (that the British establishment would like to “disappear”)

Filed under: Britain, Law, Media, Religion — Tags: , , , , , — Nicholas @ 03:00

If you haven’t been paying attention to the British media, you might not have heard about Tommy Robinson and his crusade to expose the “Asian grooming gangs” that have been left almost undisturbed by the British police, prosecutors and (until very recently indeed) the media:

The controversy around him continued. In March, Robinson was suspended from Twitter, where he had almost half a million followers. The social-media site (which merrily allows terrorist groups like Lashkar e-Taiba to keep accounts) decided that Robinson should be suspended for tweeting out a statistic about Muslim rape gangs that itself originated from the Muslim-run Quilliam foundation. And it is on this matter that the latest episode in the Robinson drama started — and has now drawn worldwide attention.

Ten years ago, when the EDL was founded, the U.K. was even less willing than it is now to confront the issue of what are euphemistically described as “Asian grooming gangs” (euphemistic because no Chinese or Koreans are involved and what is happening is not grooming but mass rape). At the time, only a couple of such cases had been recognized. Ten years on, every month brings news of another town in which gangs of men (almost always of Pakistani origin) have been found to have raped young, often underage, white girls. The facts of this reality — which, it cannot be denied, sounds like something from the fantasies of the most lurid racist — have now been confirmed multiple times by judges during sentencing and also by the most mainstream investigative journalists in the country.

But the whole subject is so ugly and uncomfortable that very few people care to linger over it. Robinson is an exception. For him — as he said in a 2011 interview with the BBC’s Jeremy Paxman — the “grooming gangs” issue isn’t something that afflicts some far-off towns but people in the working-class communities that he knows. And while there are journalists (notably the Times’ Andrew Norfolk) who have spent considerable time and energy bringing this appalling phenomenon to light, most of British society has turned away in a combination of embarrassment, disgust, and uncertainty about how to even talk about this. Anyone who thinks Britain is much further along with dealing with the taboo of “grooming gangs” should remember that only last year the Labour MP for Rotherham, Sarah Champion, had to leave the shadow cabinet because she accurately identified the phenomenon.

Which brings me to last Friday. That was when Robinson was filming outside Leeds Crown Court, where the latest grooming-gang case was going on. I have to be slightly careful here, because although National Review is based in the U.S., I am not, and there are reporting restrictions on the ongoing case. Anyhow, Robinson was outside the court and appeared (from the full livestream) to be filming the accused and accosting them with questions on their way in. He also appeared to exercise some caution, trying to ensure he was not on court property.

But clearly he did not exercise enough caution, a strange fact given that last year Robinson had been found guilty of “contempt of court” for filming outside another rape-gang trial, one involving four Muslim men at Canterbury Crown Court. On that occasion Robinson was given a three-month prison sentence [PDF], which was suspended for a period of 18 months. Which meant he would be free so long as he did not repeat the offense.

Although Robinson appeared to be careful at Leeds Crown Court last Friday, to dance along the line of exactly what he could or could not livestream outside an ongoing trial with a suspended sentence hanging over his head was extraordinarily unwise. What happened next went around the world: The police turned up in a van and swiftly arrested Robinson for “breach of the peace.” Within hours Robinson had been put before one Judge Geoffrey Marson, who in under five minutes tried, convicted, and sentenced Robinson to 13 months. He was immediately taken to prison.

From that moment it was not just Robinson but the U.K. that entered a minefield of legal problems. In addition to the usual reporting restrictions on the ongoing trial, a reporting ban was put on any mention of Robinson’s arrest, swift trial, and conviction, meaning that for days people in the blogosphere and the international media got free rein to claim that Tommy Robinson had been arrested for no reason, that his arrest was a demonstration of a totalitarian state cracking down on free speech, and even (and this one is remarkably clueless as well as careless) that the recent appointment to the position of home secretary of Sajid Javid — who was born to Muslim parents — is the direct cause of Robinson’s recent arrest.

May 29, 2018

“[T]here’s just no way that we’re going to get to fentanyl harm reduction without [legalization]”

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

Tim Worstall reports on a recent Nebraska drug bust involving enough fentanyl “to kill 26 million people” (that is, about 120 lbs of the stuff) and explains why the current enforcement regime is going to have to change:

Now, I’m in favour of all of these drugs being legalised anyway. It’s the idiot’s body, up to them what they ingest in whatever manner. If it kills them, well, their choice. The argument that they shouldn’t therefore we must prevent them doesn’t cut much ice with me.

But put that aside and think in a utilitarian manner. If we can prevent overdoses and wasted lives then we should. But only if how we’re going to do it is better than the results of either not doing so or even using some other manner of dealing with the problem.

It’s arguable that clamping down on certain illegal drugs does at least limit their penetration of the market. I don’t think this is true of heroin but perhaps it is potentially true. It’s absolutely not true of fentanyl. For that’s a synthetic opioid. A decent chemist can synthesise it – a good one can make the precursors as well. There is no need to get opium, morphine or any other poppy related product that we already control.

It’s also, as we can see, alarmingly cheap already. Easy to smuggle in vast quantities of doses.

There’s another problem with it. The difference between a dose that gives a high and one that kills is pretty narrow. And it’s an extremely potent drug as well. Quantities for either are small – smaller than can generally be measured by users with candles and teaspoons.

It’s cheap, easy enough to make, has no precursors we can control, kills easily enough and dosage is alarmingly difficult to get right. So, what do we do?

We’re not going to get rid of it for all of the above reasons. So, we need to do damage limitation. Stopping people from dying from it sounds like a pretty good idea actually. And that means that we need it to be pure and in known dosages. That is, we need it to be legal.

I think all drugs should be legal, hey, your body and all that. But even if you think that harm reduction is a more important goal there’s just no way that we’re going to get to fentanyl harm reduction without legality of it. For that’s the only way we will get it in known doses which don’t kill people. And we’re most assuredly going to keep getting it even if we don’t legalise it. Our choices are people tooting on illegal fentanyl and dying or people tooting on legal fentayl and not dying. Not such a toughie that question, is it?

May 27, 2018

The Decreasing Viability of YouTube as a Platform for Independent Creators

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

Computing Forever
Published on 25 May 2018

May 16, 2018

QotD: The presidency and the Supreme Court

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

… I also like Jerry Jeff Walker, the Scofflaw King of New Orleans and a lot of other people I don’t necessarily believe should be president of the United States. The immense concentration of power in that office is just too goddamn heavy for anybody with good sense to turn his back on. Or her back. Or its back…. At least not as long as whatever lives in the White House has the power to fill vacancies on the U.S. Supreme Court; because anybody with that kind of power can use it – like Nixon did – to pack-crowd the Court of Final Appeal in this country with the same kind of lame, vindictive yo-yos who recently voted to sustain the commonwealth of Virginia’s antisodomy statutes……. And anybody who thinks that 6-3 vote against “sodomy” is some kind of abstract legal gibberish that doesn’t really affect them had better hope they never get busted for anything the Bible or any local vice-squad cop calls an “unnatural sex act.” Because “unnatural” is defined by the laws of almost every state in the Union as anything but a quick and dutiful hump in the classic missionary position, for purposes of procreation only. Anything else is a felony crime, and people who commit felony crimes go to prison.

Hunter S. Thompson, “Fear and Loathing on the Campaign Trail ’76: Third-rate romance, low-rent rendezvous — hanging with Ted Kennedy, Jimmy Carter, and a bottle of Wild Turkey”, Rolling Stone, 1976-06-03.

May 13, 2018

Title IX complaints as a form of Prisoner’s Dilemma

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

The more I read about Title IX, the more I wonder why university students dare risk mingling with the opposite sex under any circumstances outside class:

The University of Cincinnati suspended a female student for allegedly engaging in nonconsensual sex with a male student who claimed he was too drunk at the time to approve the encounter.

The fact that this case involves a male accuser (“John Doe”) and a female aggressor (“Jane Roe”) makes it unusual among Title IX complaints. (Title IX is the federal statute that forbids sex discrimination in schools.) But the female student’s lawsuit against Cincinnati — which accuses the university of violating her due process rights — reveals something even odder: Roe had previously filed a sexual misconduct complaint against one of Doe’s friends.

Roe’s lawsuit, then, suggests that Doe filed the complaint against Roe as a kind of revenge for getting his friend in trouble. (I have an alternative theory, but I’ll save that for the end.)

“On information and belief, John Doe was motivated to file a Title IX Complaint in retaliation for a prior Title X Complaint Jane Roe had filed against his friend,” according to the suit.

Roe also contends that it was ridiculous to find her guilty of nonconsensual sex because of Doe’s drunkenness, but not find Doe guilty too: Roe was also drunk at the time, so under the rules she was just as unable to consent to sex as he was. While this might seem like a paradox — how can two young people rape each other? — it would actually be a straightforward application of affirmative consent, which requires all participants in a sexual encounter to proactively obtain freely given and unambiguous consent before proceeding.

[…]

According to The Cincinnati Enquirer, Roe said that she was being punished for “engaging in the same sexual freedoms that men on the campus enjoy.” It might be more accurate to say she is being held to the same standard — a standard that is, for many reasons, horrible.

Roe’s theory that Doe’s complaint was a form of revenge is interesting, and it could be true. Perhaps the whole thing was a setup — he lured her to his bedroom, feigned drunkenness, and initiated sexual contact, fully intending to race to the Title IX office the next day, no-one-wounds-me-with-impunity style.

Here’s an alternative theory: Doe woke up, realized they had engaged in sexual activity while they were both drunk, and feared that she would file a complaint against him, as she had done to his friend. Panic-stricken, he felt he had no choice but to beat her to the punch.

Indeed, if you suspect you are going to become the subject of a Title IX investigation, the optimal strategy may very well be to file the first complaint. For reasons not completely clear to me, Title IX administrators often appear biased in favor of the initial complainant, and presume the other party is the wrongdoer.

May 12, 2018

Cryptocurrency scammers

Filed under: Business, Economics, Law, Technology — Tags: , , , — Nicholas @ 03:00

A high proportion of initial coin offerings are nothing but scammers doing what scammers do best, says Nouriel Roubini:

Initial coin offerings have become the most common way to finance cryptocurrency ventures, of which there are now nearly 1,600 and rising. In exchange for your dollars, pounds, euros, or other currency, an ICO issues digital “tokens,” or “coins,” that may or may not be used to purchase some specified good or service in the future.

Thus it is little wonder that, according to the ICO advisory firm Satis Group, 81% of ICOs are scams created by con artists, charlatans, and swindlers looking to take your money and run. It is also little wonder that only 8% of cryptocurrencies end up being traded on an exchange, meaning that 92% of them fail. It would appear that ICOs serve little purpose other than to skirt securities laws that exist to protect investors from being cheated.

If you invest in a conventional (non-crypto) business, you are afforded a variety of legal rights – to dividends if you are a shareholder, to interest if you are a lender, and to a share of the enterprise’s assets should it default or become insolvent. Such rights are enforceable because securities and their issuers must be registered with the state.

Moreover, in legitimate investment transactions, issuers are required to disclose accurate financial information, business plans, and potential risks. There are restrictions limiting the sale of certain kinds of high-risk securities to qualified investors only. And there are anti-money-laundering (AML) and know-your-customer (KYC) regulations to prevent tax evasion, concealment of ill-gotten gains, and other criminal activities such as the financing of terrorism.

In the Wild West of ICOs, most cryptocurrencies are issued in breach of these laws and regulations, under the pretense that they are not securities at all. Hence, most ICOs deny investors any legal rights whatsoever. They are generally accompanied by vaporous “white papers” instead of concrete business plans. Their issuers are often anonymous and untraceable. And they skirt all AML and KYC regulations, leaving the door open to any criminal investor.

Of course, for a significant number of people, not having the state involved in their investment is an attraction rather than a drawback. And not just criminals, but people who live in jurisdictions with uncertain reliance on the rule of law (not to mention Russia by name), where property rights are not so much “rights” as “privileges to the right sort of people”.

May 9, 2018

Freedom of the Press … except where prohibited by (British) law

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Wednesday is a critical day in the history of Britain, in the sense that a long-established freedom is at risk of being curtailed:

Press freedom is hanging by a thread in Britain. Tomorrow, the House of Commons will vote on the Data Protection Bill, and Labour MPs have added amendments to it that would effectively end 300 years of press freedom in this country.

That this profound affront to liberty had almost passed under the radar, until spiked and others began making noise about it over the weekend, shouldn’t surprise us. This vote is the culmination of a slow and covert war on the press that has been waged for the best part of a decade.

This story begins with the Leveson Inquiry, an effective showtrial of the press that sparked dozens of spurious trials of journalists and barely any convictions. Since then, press-regulation campaigners have had to find new and underhand ways to push their agenda on an industry and a public who clearly see right through it.

In the wake of Leveson, a new regulator, Impress, was established and given official recognition. It was an historic moment, in the worst possible sense: this was Britain’s first state-backed regulator since the days of Crown licensing. But it was also a stunningly bad bit of PR for the press-regulation lobby, in that Impress was staffed by tabloid-loathing hackademics and funded by tabloid-loathing millionaire Max Mosley.

No national newspaper signed up to it. And so the Hacked Off brigade has been pushing over the past few years for Section 40, a law that would force publications to sign up to a state-approved regulator, which at the moment means signing up to Impress. Those publications, like spiked, who would refuse on principle, would be required to pay the legal costs of any case brought against them, even if they win.

As such, Section 40 would be a gift to the powerful and the begrudged. It would enable anyone to launch lawsuits aimed at shutting down publications they dislike. This is an opportunity that people who have been exposed by the press would take in a heartbeat. It would undermine not only press freedom, but also natural justice.

And it isn’t just the press who are concerned about this. In 2016, the government opened a public consultation into press freedom, asking members of the public if it should implement Section 40 and commence the second part of the Leveson Inquiry. Out of a huge 174,730 responses, 79 per cent said No to Section 40 and 66 per cent said No to Leveson 2.

Update, 10 May: The vote was too damned close, but it was defeated by a nine-vote margin. Guido has the list of MPs voting in favour of muzzling the press here.

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