Quotulatiousness

March 6, 2015

Djinn accused of murder … by victim’s boyfriend

Filed under: Law, Middle East, Religion — Tags: , , , — Nicholas @ 05:00

While we’re on the topic of odd beliefs in the middle east, here’s a fascinating court case:

If the East ever perfects its own version of the courtroom drama — Piri Mason, say — it will surely consist of dramatic moments like this: Koksal Sahin, a Turkish man accused of murdering his girlfriend, stealing her valuables, and fleeing from Istanbul to Izmir, pleaded not guilty this week and offered the court revelatory testimony of what actually happened. “As far as I understood,” Mr. Sahin told the court, “a genie attacked her.”

According to the defendant, when this genie saw an Islamic amulet that was hanging from Mr. Sahin’s neck, the malevolent entity went berserk. Mr. Sahin realized what was happening because his late girlfriend was “saying something in Arabic” while attacking herself. The genie not only caused Mr. Sahin’s girlfriend to stab herself in the stomach and cut her own throat, he testified, but it also grabbed Mr. Sahin himself and flew him off to Izmir, where he found himself registered as a guest in a hostel, apparently in possession of the girlfriend’s valuables.

But Mr. Sahin’s story is not as ironclad as it may seem. While several aspects of the story are consistent with the behavior of genies — or djinn — according to traditional lore and even some judicial precedent, others are previously unrecorded. Djinn are certainly believed to be able to possess human beings and to influence their behavior, and they have a long mischievous history of flying people about and depositing them in distant places, especially when the humans are asleep. And while cases of djinn killing people may exist in the lore, instances of djinn murdering their own human hosts unprovoked are highly unusual.

March 5, 2015

Reason.tv – Montana’s Yoga Pants Ban is a Joke (or is it?) Nanny of the Month (Feb ‘15)

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

Published on 4 Mar 2015

They’re busting backyard archery in Minnesota, and massage shops in California, but you’ll find the Nanny of the Month in the Big Sky state where one lawmaker got his undies in a bunch over the Bare as You Dare bike ride and decided to crack down on indecent exposure, including yoga pants! (Especially the extra-naughty beige colored ones.)

But wait, is the whole ban one big joke or is the state representative who proposed it backpedaling in the face of ridicule?

Tax Free Savings Accounts

Filed under: Cancon, Economics, Law — Tags: , , , — Nicholas @ 02:00

At Worthwhile Canadian Initiative, Livio Di Matteo talks about tax free savings accounts (TFSAs), registered retirement savings plans (RRSPs), and why some people are getting upset that some Canadians benefit more from these financial tools than others do:

A major theme running under most of these arguments goes something like this — Registered Retirement Savings Plans (RRSPs) at least leave “a legacy of tax revenue to future governments” whereas TFSAs may generate “supernormal” returns that will escape taxation and on top of it will accrue primarily to the well-off.

However, when I think of RRSPs and TFSAs, I see them both as essentially the same. They are both “tax expenditures” that are designed to encourage saving by promising some type of tax incentive. The broader debate should really be about how we want to encourage more saving and then about “tax expenditures” in general rather than how much we should allow as limits to either RRSP or TFSA contributions.

However, if we are going to argue about RRSPs and TFSAs, to my mind what differs is the timing of the break. For an RRSP, you are getting the tax incentive upfront and deferring the taxes until you withdraw the money. For a TFSA, you are making the contribution with after tax dollars and allowing the contribution to accumulate tax free — the tax benefit comes down the road as the money grows.

[…]

Young households with children who face more cash constraints might find the RRSP more attractive while older households would probably find the TFSA more attractive. All other things given, both vehicles are of greater advantage to higher rather than low income earners because higher incomes are more likely to be able to save — period. If you are going to make the argument that TFSAs are somehow favouring the wealthy or higher income earners, you need to acknowledge that the same argument applies to RRSPs.

Update, 7 March: It kinda helps when I remember to include the correct link to an article…

March 3, 2015

Sure, Molon Labe, whatever … but talk is cheap

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

At Ace of Spades H.Q., WeirdDave explains why it’s easy to talk about resisting illegal actions by the government, but few would really be willing to bear the cost:

In 480BC, Xerxes of Persia demanded that the Greeks under King Leonidas of Sparta surrender their weapons. King Leonidas responded with a laconic Molon labe, which translates as “Come and take them” and a legend was born. Even though the Greeks lost the Battle of Thermopylae that followed, King Leonidas’ stirring phrase has echoed with defiance down through history. The phrase has a rich history in America, too. From Fort Morris, Georgia, to Gonzales, Texas to Second Amendment defenders today, “Come and Take It” resonates in American hearts.

With the disturbing news this week about BATF’s attempt to ban M855 NATO Ball ammunition, the internet has been alive with people swearing fealty to the idea of molon labe. I approve. However, talk is cheap they say, and internet talk is cheaper than most. Anyone who considers themselves a patriot needs to take a good long moment of quiet reflection and ask themselves, honestly, what does molon labe mean? More specifically, they need to ask themselves what are the ramifications of defiantly proclaiming “Come and take them” if the authorities say “OK”.

The ramifications are simple: YOU ARE GOING TO DIE.

This isn’t universally true, of course, but in order for molon labe to mean anything, in order for it to be effective, you have to accept that it IS true. If we ever get to the point where the authorities are attempting to forcibly disarm the population at large, the only way to prevent it from happening is to meet force with force. If it comes to this, you will lose. Every time. Even if you are armed, ready, and respond instantly to aggression by the authorities, there are a whole lot more of them than there are of you. You might kill one, or even several, but they will keep coming and they will bring resources to bear that you can not hope to match. Officers. SWAT teams. Snipers. Air cover. Drones. They WILL take you down, and that’s not all. No, you have to accept something else too:

YOUR FAMILY IS GOING TO DIE TOO.

Think I’m talking crazy talk? Ask Vicki Weaver. Ask Sammy Weaver. I’ll wait.

“Residual” racism and the breakdown of the African-American family

Filed under: Business, Law, USA — Tags: , , , , , — Nicholas @ 02:00

In Reason, Steve Chapman looks at the tangle of issues still causing problems for African-Americans in the United States:

The breakdown of the black family is a sensitive topic, though it’s not new and it’s not in dispute. President Barack Obama, who grew up with an absent father, often urges black men to be responsible parents.

Nor is there any doubt that African-American children would be better off living with their married parents. Kids who grow up in households headed by a single mother are far more likely than others to be poor, quit school, get pregnant as teens and end up in jail.

[…]

It’s true that whites don’t force blacks to have children out of wedlock. But it’s wrong to suggest that whites bear no responsibility. Poverty is often the result of lack of access to good jobs or any jobs, and discrimination by employers didn’t stop in 1965 — and hasn’t stopped yet.

The impact of drug laws, and the harsher treatment black men get from the criminal justice system, means that many have records that scare employers away. But research indicates that white applicants with criminal records are more likely to get interviews than blacks without criminal records.

A lot of the well-paid blue-collar jobs once abundant in cities have vanished. Moynihan lamented that unemployment had long been much higher for black men than for whites, and the gap is bigger today.

Without decent jobs, these men are not likely to be able to find wives or support families. They are not likely to get married or stay married. If family breakdown causes poverty, poverty also causes family breakdown.

African-Americans often find it hard to leave blighted neighborhoods. They can find themselves steered away from white communities by real estate agents or rejected by landlords. The Urban Institute reports a fact that ought to shock: “The average high-income black person lives in a neighborhood with a higher poverty rate than the average low-income white person” (my emphasis).

March 1, 2015

What colour is your barn?

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

In Mother Jones, Kevin Drum looks at an interesting bit of data from the 1800s:

Here’s the background. Homicides increased dramatically between 1900-11, but most of that appears to be the result of increased rural homicides, not urban homicides. If lead exposure is part of the reason, it would mean that rural areas were exposed to increasing levels of lead about 20 years earlier, around 1880 or so. But why? Nevin suggests that the answer to this question starts with another question: Why are barns red?

    The national roadProfessional painters in the 1800s prepared house paint by mixing linseed oil with white lead paste. About 90% of Americans lived in rural areas in the mid-1800s, and subsistence farmers could make linseed (flaxseed) oil, but few had access to white lead, so they mixed linseed oil with red rust to kill fungi that trapped moisture and increased wood decay. Red barns are still a tradition in most USA farming regions but white barns are the norm along the path of the old National Road. Why?

    ….The reason the red barn tradition never took root along that path is likely because the National Road made freight, including white lead, accessible to nearby farmers. USA lead output was a relatively stable 1000 to 2000 tons per year from 1801-1825, but lead output was 15,000 to 30,000 tons per year from the mid-1830s through the mid-1860s after the completion of the National Road.

    ….The first American patent for “ready-mixed” paint was filed in 1867; railroads built almost 120,000 track miles from 1850 to 1900; and Sears Roebuck and other mail-order catalogs combined volume buying, railroad transport, and rural free parcel post delivery to provide economical rural access to a wide variety of products in the 1890s.

    The murder arrest rate in large cities was more than seven times the national homicide rate from 1900-1904 because lead paint in the 1870s was available in large cities but unavailable in most rural areas. The early-1900s convergence in rural and urban murder rates was presaged by a late-1800s convergence in rural and urban lead paint exposure.

February 27, 2015

Virginia’s asset forfeiture rules about to change for the better

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

Techdirt‘s Tim Cushing reports on a hopeful sign from Virginia:

The Institute for Justice’s 2010 report “Policing for Profit” [PDF] listed Virginia as one of the worst five states in the nation in terms of forfeiture abuse. Pushing the state towards its Bottom Five finish was this perverted incentive: 100% of the proceeds from civil asset forfeiture were retained by the law enforcement agency performing the seizure. And, like a majority of states, Virginia also perverted the justice system, deeming the property “guilty” and transferring the burden of proof to those whose assets were seized.

Now that civil asset forfeiture has gone mainstream, receiving coverage from major press outlets, legislators are having a harder time ignoring opponents of these “legalized theft” programs. In response, Virginia’s lawmakers are trying to drag the state out of its forfeiture morass.

    Last week the Virginia House of Delegates overwhelmingly approved a bill that would effectively raise the burden of proof for civil forfeitures by forcing the government to return seized property unless it can obtain a criminal conviction. The bill, introduced by Del. Mark Cole (R-Spotsylvania) and Del. Scott Surovell (D-Mount Vernon), passed by a vote of 92 to 6 and is now being considered by the state Senate.

This fixes one major issue with many civil asset forfeiture programs. Virginia’s laws only demanded a “preponderance of the evidence,” something that sounds like a lot but in reality is far lower than establishing guilt “beyond a reasonable doubt.” If the latter edges towards a theoretical 75% assurance of guilt, the percentage for asset forfeiture approaches a coin flip: 51%. Now, there needs to be a conviction before the agency can keep the seized property.

February 25, 2015

Net Neutrality, Title II Proponents “Assume Nothing Has Changed” Since 1995: Daniel Berninger

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

Published on 23 Feb 2015

“All the logic that we are seeing in the Net Neutrality debate is assuming that nothing has changed; it’s assuming that it’s 1995. What’s actually happened is that people get more and more service, year in and year out,” says Daniel Berninger, a telecom activist who was involved in the early days of internet-phone service of Vonage.

Net Neutrality proponents, including President Obama, argue that internet-service providers (ISPs) need to be regulated by the Federal Communications Commission (FCC) in order to keep the internet “free and open.”

Berninger heads up VCXC, a nonprofit that is pushing for regulatory and policy changes to speed up the transition to IP-based networks for voice and data sharing. He’s an unsparing critic of FCC Chairman Tom Wheeler’s plan to implement Net Neutrality by regulating broadband network operators under Title II or “common carrier” provisions of federal law.

Title II has historically applied to telephone companies, which were regulated as public utilities and subject to government scrutiny regarding every aspect of service, including pricing and universal service obligations. Since the mid-1990s, the internet has been classified as an “information service,” which is subject to much less regulation under Title I of the relevant federal law.

“Title II regulation has been around for 80 years,” says Berninger, “and we know exactly what it can accomplish and what it can’t accomplish … in all the things that it touched, it essentially destroyed innovation.” In 1956, he explains, as part of a consent decree involving ATT, phone service was regulated by the FCC under Title II while “information services” were essentially unregulated. “We split communications and computing and treated them entirely different — essentially as a twin experiment. Well, one twin prospered and one twin did not do very well.” Berninger argues that virtually all the problems that proponents of Title II regulation and Net Neutrality worry over — such as the blocking of specific websites and the deliberate slowing of traffic — haven’t occurred precisely because ISPs are subject to market competition and must constantly innovate to keep customers happy. FCC regulation would hamper that.

The FCC will vote on Wheeler’s proposal later this week and is widely expected to endorse it. The FCC has lost two previous attempts to assert regulatory control over the internet.

February 23, 2015

Do these count as “known unknowns”? Searching for copies of the Magna Carta

Filed under: Britain, History, Law, Liberty — Tags: , , , , — Nicholas @ 02:00

At the Magna Carta Project, Professor Nicholas Vincent recounts how he tracked down a previously unknown copy in Sandwich:

Now, I have often found that the most interesting original records of Magna Carta, as of much else, have gone unnoticed precisely because they are assumed either to be copies rather than originals or because they travel with other less famous documents. Cataloguers, assuming that Magna Carta is much too important to have been overlooked, have very frequently assumed that originals are copies, not from any physical evidence of the fact, but simply because the idea of possessing an unknown Magna Carta has appeared to the cataloguer to be as absurd as suddenly stumbling upon an unknown play by Shakespeare or a unknown canvas by Vermeer. The most famous documents are often the documents that, in their natural habitat, have been least studied. Edgar Allan Poe sums up this situation perfectly in his story “The Purloined Letter”. Poe’s plot here turns on the fact that, if you wish to hide something that everybody else assumes hidden, the best place to hide it is in plain view.

The Hereford Magna Carta of 1217

The Hereford Magna Carta of 1217

I can claim, long before last December, to have found at least three Magna Cartas. All were in plain view. None of them was ‘unknown’, in the sense that they had all previously been listed, albeit in obscure places, either as Magna Cartas or as ‘copies’ of Magna Carta. They were nonetheless ‘unknown’ in the sense that they were either assumed to be ‘copies’ or ‘duplicates’ rather than originals (one of the three 1217 Magna Cartas, and the 1225 Magna Carta in the Bodleian Library in Oxford), or were known locally but without any appreciation that local knowledge had not come to national or international attention (the 1300 Magna Carta preserved in the archives of the borough of Faversham). In one instance (the 1217 Magna Carta now in Hereford Cathedral), it had been catalogued as a royal charter of liberties, but without realizing that these liberties were those otherwise known as ‘Magna Carta’. I vividly remember phoning Hereford Cathedral, in 1989, and asking if I could go down there the following day to see their Magna Carta (for there could be little doubt from the catalogue entry that Hereford’s ‘Charter of liberties 1217’ was a 1217 Magna Carta). I received a very dusty answer. ‘We have no Magna Carta’, I was told, ‘You must be thinking of Mappa Mundi!’. Ignoring this, and ordering up the document by call number, I found myself, the following morning, greeted on Hereford railway station by the canon librarian and the delightful cathedral archivist, Meryl Jancey. Archivists and canon librarians do not generally go to the railway to greet visiting postgraduate students. Short of playing me up Hereford High Street with a brass band, they could not have expressed more joy. And inevitably, their first question was ‘How much is it worth?’.

[…]

The Forest Charter of 1225, British Library Add. Ch. 24712

The Forest Charter of 1225, British Library
Add. Ch. 24712

One other detail before we pass on. Magna Carta as issued in 1215 promised reform not only of the realm as a whole but of the King’s administration of those parts of England placed under ‘forest law’ (i.e. set aside for the King’s hunting, with severe consequences for land use and the preservation of game). In 1217, to answer this demand for reform, King Henry III not only issued a new version of Magna Carta but, as a companion piece, an entirely distinct and smaller charter known as the ‘Forest Charter’. From 1217 onwards, the Forest Charter travelled in the company of Magna Carta, rather as a pilot fish accompanies a shark. It was in order to distinguish between these two documents, bigger and smaller, that as early as 1217 Magna Carta was first named ‘Magna’ (‘the great’). Thereafter, on each successive reissue of Magna Carta, the Forest Charter was also reissued, in 1225, 1265, 1297 and 1300. The Record Commissioners, in their search for original documents, were much less thorough in their treatment of the Forest Charter than they were in their search for its more famous sibling. Blackstone had found only two original Forest Charters, both of them very late. The Record Commissioners knew of only three. By contrast, we now know that at least twelve survive. Some of these turned up fortuitously at the time of my own search for new manuscripts in 2007. Others had resurfaced even more recently.

So it was, that around 4.30am in the morning of 9 December 2014, I decided that a catalogue entry describing a Forest Charter of 1300, might well merit further investigation. Even in the seven years between 2007 (when I compiled my lists for Sotheby’s) and 2014, when I stumbled on the reference to the borough of Sandwich’s Forest Charter, I had found at least three further original Forest Charters previously misidentified or ignored. The earliest of these, of 1225, came to light amongst the muniments of Ely Cathedral, the most recent, of 1300, in the British Library. An original of 1300 at Oriel College seen by Blackstone, reported missing in 2007, had re-emerged safe and sound.

Thanks to modern technology, from Belfast to Maidstone is a mere click of the mouse. At 4.39 Greenwich meantime on the morning of 9 December last year, I sent an email (I have it in front of me) to Dr Mark Bateson. I have known Mark for nearly twenty years, first as an archivist at Canterbury Cathedral (where he was one of those who devised the magnificent catalogue of Canterbury’s medieval charters), and more recently following his transfer to Maidstone. I told him that I had found the reference to a Forest Charter , and as I noted in my email: ‘If this really is the 1300 Sandwich copy of the forest charter, issued under the seal of Edward I, then it is a major find. There are only a handful of such exemplifications still surviving as originals. It would also fundamentally alter our understanding of the way in which the charters of liberties were distributed for the later reissues of Magna Carta. Is there any chance of your taking a sneak preview?’

February 19, 2015

QotD: The prohibitionists

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

This notion, I believe, is at the bottom of much of the current pathetic faith in Prohibition. The thing itself is obviously a colossal failure — that is, when viewed calmly and realistically. It has not only not cured the rum evil in the United States; it has plainly made that evil five times as bad as it ever was before. But to confess that bald fact would be to break the forward-looking heart: it simply refuses to harbor the concept of the incurable. And so, being debarred by the legal machinery that supports Prohibition from going back to any more feasible scheme of relief, it cherishes the sorry faith that somehow, in some vague and incomprehensible way, Prohibition will yet work. When the truth becomes so horribly evident that even forward-lookers are daunted, then some new quack will arise to fool them again, with some new and worse scheme of super-Prohibition. It is their destiny to wobble thus endlessly between quack and quack. One pulls them by the right arm and one by the left arm. A third is at their coat-tail pockets, and a fourth beckons them over the hill.

The rest of us are less tender-minded, and, in consequence, much happier. We observe quite clearly that the world, as it stands, is anything but perfect — that injustice exists, and turmoil, and tragedy, and bitter suffering of ten thousand kinds — that human life at its best, is anything but a grand, sweet song. But instead of ranting absurdly against the fact, or weeping over it maudlinly, or trying to remedy it with inadequate means, we simply put the thought of it out of our minds, just as a wise man puts away the thought that alcohol is probably bad for his liver, or that his wife is a shade too fat. Instead of mulling over it and suffering from it, we seek contentment by pursuing the delights that are so strangely mixed with the horrors — by seeking out the soft spots and endeavoring to avoid the hard spots. Such is the intelligent habit of practical and sinful men, and under it lies a sound philosophy. After all, the world is not our handiwork, and we are not responsible for what goes on in it, save within very narrow limits. Going outside them with our protests and advice tends to become contumacy to the celestial hierarchy. Do the poor suffer in the midst of plenty? Then let us thank God politely that we are not that poor. Are rogues in offices? Well, go call a policeman, thus setting rogue upon rogue. Are taxes onerous, wasteful, unjust? Then let us dodge as large a part of them as we can. Are whole regiments and army corps of our fellow creatures doomed to hell? Then let them complain to the archangels, and, if the archangels are too busy to hear them, to the nearest archbishop.

H.L. Mencken, “The Forward-Looker”, Prejudices, Third Series, 1922.

February 18, 2015

Listen to the lawyer, gentlemen, and don’t get involved in a BDSM relationship

Filed under: Books, Law, Liberty, Media, USA — Tags: , , — Nicholas @ 02:00

At The Federalist, Leslie Loftis provides a bit of friendly (lawyerly) advice to men in the wake of the Fifty Shades of Grey bandwagon:

The Fifty Shades of Grey hype has started its saturation run-up to the movie release this week. I expected the music video releases, the Super Bowl commercials. I did not expect the branding promotions.

I am a lawyer. Ever since their first year of law school, lawyers see liability. And in this bondage-for-amateurs fandom that is 50SOG (hat tip to Tracinski for the abbreviation) liability lurks everywhere.

We live in an era of “yes means yes” and “always believe the woman.” Fun or not, consent or not, signed document or not — no man should ever engage in bondage sex behavior. The best of the law doesn’t allow contracts for bodily harm, no matter the parties’ intent. Some of the worst law throws out the constitutional standard of innocent until proven guilty. If a woman regrets and later reports consensual acts as rape and it comes down to her word against his, then he will lose.

In this legal environment, this sort of sex play is high-risk. So I was shocked to learn that mainstream chain Target was selling 50SOG-branded toys. I saw the 50SOG display and my mind immediately went to the McDonalds’ coffee-burn case. They are selling candles … for bedrooms … next to blindfolds. No potential problems here.

February 16, 2015

Even if you do nothing, you can still be arrested for “resisting arrest”

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

We’ve seen examples of this before, but if the NYPD gets its way, the all-purpose charge of “resisting arrest” will become a felony offense:

The most half-baked “weapon” in any policeman’s arsenal should never be raised to the level of a felony. “Resisting arrest” is the charge brought when bad cops run out of better ideas. This truism runs through nearly every law enforcement agency in the country. When you take a look at videographers and photographers who have been arrested for exercising their First Amendment rights (and backed by a DOJ statement), you’ll see plenty of “resisting arrest” charges.

When a San Francisco public defender tried to head off a detective who wanted to question and photograph her client without her permission, she was arrested for “resisting arrest.”

When someone has been brutalized by the police, the words “resisting arrest” are repeated nearly as frequently as the mantra that accompanies every taser deployment and baton swing (“stop resisting”). Resisting arrest is a dodge that makes bad cops worse and marginal cops bad.

Turning resisting arrest into a felony shouldn’t happen anywhere. But perhaps especially not in New York City.

[…]

To turn this into a felony is to grant bad cops a longer leash — and allows them to do much more damage. Not only will the victims of excessive force have to deal with injuries and psychological trauma, they may also find their futures severely disrupted by a felony charge that will follow them around for years.

The protests following the clearing of the officer involved in Eric Garner’s death, followed shortly thereafter by the murder of two NYPD officers by a civilian, have turned the NYPD against the public. Bratton’s support of this abhorrent idea makes it clear he’s willing to put more power in the hands of his worst officers. However bad he feels the situation is now, this action will only make things worse. The answer lies in greater accountability from the NYPD, not additional punishments for members of the public.

February 15, 2015

The term “carjacking” may take on a new meaning

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

Earlier this month, The Register‘s Iain Thomson summarized the rather disturbing report released by Senator Ed Markey (D-MA) on the self-reported security (or lack thereof) in modern automobile internal networks:

In short, as we’ve long suspected, the computers in today’s cars can be hijacked wirelessly by feeding specially crafted packets of data into their networks. There’s often no need for physical contact; no leaving of evidence lying around after getting your hands dirty.

This means, depending on the circumstances, the software running in your dashboard can be forced to unlock doors, or become infected with malware, and records on where you’ve have been and how fast you were going may be obtained. The lack of encryption in various models means sniffed packets may be readable.

Key systems to start up engines, the electronics connecting up vital things like the steering wheel and brakes, and stuff on the CAN bus, tend to be isolated and secure, we’re told.

The ability for miscreants to access internal systems wirelessly, cause mischief to infotainment and navigation gear, and invade one’s privacy, is irritating, though.

“Drivers have come to rely on these new technologies, but unfortunately the automakers haven’t done their part to protect us from cyber-attacks or privacy invasions,” said Markey, a member of the Senate’s Commerce, Science and Transportation Committee.

“Even as we are more connected than ever in our cars and trucks, our technology systems and data security remain largely unprotected. We need to work with the industry and cyber-security experts to establish clear rules of the road to ensure the safety and privacy of 21st-century American drivers.”

Of the 17 car makers who replied [PDF] to Markey’s letters (Tesla, Aston Martin, and Lamborghini didn’t) all made extensive use of computing in their 2014 models, with some carrying 50 electronic control units (ECUs) running on a series of internal networks.

BMW, Chrysler, Ford, General Motors, Honda, Hyundai, Jaguar Land Rover, Mazda, Mercedes-Benz, Mitsubishi, Nissan, Porsche, Subaru, Toyota, Volkswagen (with Audi), and Volvo responded to the study. According to the senator’s six-page dossier:

  • Over 90 per cent of vehicles manufactured in 2014 had a wireless network of some kind — such as Bluetooth to link smartphones to the dashboard or a proprietary standard for technicians to pull out diagnostics.
  • Only six automakers have any kind of security software running in their cars — such as firewalls for blocking connections from untrusted devices, or encryption for protecting data in transit around the vehicle.
  • Just five secured wireless access points with passwords, encryption or proximity sensors that (in theory) only allow hardware detected within the car to join a given network.
  • And only models made by two companies can alert the manufacturers in real time if a malicious software attack is attempted — the others wait until a technician checks at the next servicing.

There wasn’t much detail on the security of over-the-air updates for firmware, nor the use of crypto to protect personal data being phoned home from vehicles to an automaker’s HQ.

“Smart” TV? Oh, no thanks. I prefer mine not to spy on my every word…

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

At Techdirt, Karl Bode sings the praises of dumb TVs that don’t share your every word with unspecified “third parties” who may or may not have any compunction about further sharing of what happens in your home (within audio range of your TV, anyway):

Samsung has been doing a great job this week illustrating why consumers should want their televisions to be as dumb as technologically possible. The company took heat for much of the week after its privacy policy revealed Samsung smart TVs have been collecting and analyzing user living room conversations in order to improve voice recognition technology. While that’s fairly common for voice recognition tech, the idea of living room gear that spies on you has been something cable operators have been patenting for years. And while Samsung has changed its privacy policy language to more clearly illustrate what it’s doing, the fact that smart TV security is relatively awful has many people quite justly concerned about smart TVs becoming another poorly-guarded repository for consumer data.

But it’s something else stupid that Samsung did this week that got less press attention, but that I actually find far more troubling. Numerous Samsung smart TV users around the world this week stated that the company has started injecting ads into content being watched on third-party devices and services. For example, some users found that when streaming video content from PC to the living room using Plex, they suddenly were faced with a large ad for Pepsi that actually originated from their Samsung TV:

    “Reports for the unwelcome ad interruption first surfaced on a Subreddit dedicated to Plex, the media center app that is available on a variety of connected devices, including Samsung smart TVs. Plex users typically use the app to stream local content from their computer or a network-attached storage drive to their TV, which is why many were very surprised to see an online video ad being inserted into their videos. A Plex spokesperson assured me that the company has nothing to do with the ad in question.”

Now Samsung hasn’t responded yet to this particular issue, and you’d have to think that the company accidentally enabled some kind of trial ad injection technology, since anything else would be idiotic brand seppuku (in fact it does appear like it has been working with Yahoo on just this kind of technology). Still, users say the ads have them rushing to disable the smart portion of Samsung TVs, whether that’s by using a third party solution or digging into the bowels of the TV’s settings to refuse Samsung’s end user agreement. And that raises an important point: many consumers (myself included) want their TV to be as slack-jawed, glassy-eyed, dumb and dim-witted as possible.

February 14, 2015

Fan fiction’s greatest breakout hit (so far)

Filed under: Books, Business, Law, Media — Tags: , , , — Nicholas @ 03:00

Jonathan Band talks about “fifty shades of fair use” and how E.L. James found wealth and fame after filing off the serial numbers and rebranding her fan fiction:

Fifty Shades of Grey, which is being released this Friday just in time for Valentine’s Day, is sure to be one of the top grossing films of the year. Depending on your point of view, fair use is to blame — or thank — for the existence of the Fifty Shades franchise.

The movie is based on the three erotic Fifty Shades novels, which have dominated (pun intended) book sales for the past three years. Over 100 million copies of the novels have been sold, the first novel of the series has been on the New York Times bestseller list for 140 weeks, and the novels have been translated into 51 languages. And to make sure that no dollar is left behind, Target just began distributing a line of Fifty Shades sex toys to coincide with the film’s release. Similarly, Vermont Teddy Bear is offering a Fifty Shades of Grey Teddy Bear, featuring smoldering eyes, a suit and satin tie, a mask, and mini handcuffs.

The British author of the series, E.L. James (a pseudonym for television executive Erika Mitchell), originally wrote the trilogy as fan fiction of Stephanie Meyer’s popular Twilight series, and posted it in installments on the fan fiction site FanFiction.net under the title Master of the Universe. Some of the readers complained that it was too racy for the site, which tries not to host adult content, so James moved it to a website she created, FiftyShades.com. At some point the popularity of the story must have convinced James of its potential commercial value, so she eliminated the potentially infringing references to Twilight characters and plotlines while retaining her original bondage/discipline, dominance/submission, and sadism/masochism themes. She divided this revised version into three novels that were published as e-books by an Australian virtual publisher.

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