Quotulatiousness

July 29, 2025

Crimes less serious than “Mischief” according to Canadian courts

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

In the National Post, Tristin Hopper notes that the sentences being sought for Freedom Convoy 2022 organizers Tamara Lich and Chris Barber are more severe than prosecutors have asked for what appear to be far more serious crimes:

Chris Barber and Tamara Lich

Last week, Crown prosecutors announced they were seeking jail sentences of up to eight years for Tamara Lich and Chris Barber, two organizers of the Freedom Convoy protest.

Both were convicted of mischief, but the Crown is seeking a minimum sentence of seven years in jail for Lich, and eight for Barber, who was also found guilty of counselling others to disobey a court order.

The Crown has argued that the disruptiveness of the Freedom Convoy blockades warrants the harsh sentence, but in a statement this week, Conservative Leader Pierre Poilievre said courts are throwing the book at Barber and Lich while simultaneously giving free reign to “rampant violent offenders” and “antisemitic rioters”.

It’s certainly the case that you can do an awful lot of heinous things in Canada before a prosecutor would ever think of asking for seven years. Below, a not-at-all comprehensive list of things you can do in Canada, and have the Crown seek a lighter sentence than the one they’re seeking for the organizers of the Freedom Convoy.

  • Sexually assaulting a baby [5 to 6 years]
  • Using a car filled with guns to ram into Justin Trudeau’s house [6 years]
  • Killing multiple innocent people via drunk driving [5 years]
  • Stabbing a man to death because he told you to stop abusing your girlfriend [5 years]
  • Being a police officer who stalks and sexually harasses crime victims [6 months]
  • Amassing enough child pornography to fill a video store [3 and a half years]
  • Torturing a toddler to death [7 to 8 years]
  • Intentionally ramming a car loaded with children and pregnant women [8 years]
  • Beating a fellow homeless shelter resident to death [5 and a half years]
  • Raping a minor and bragging about it online [4 to 5 years]

July 22, 2025

Age verification schemes are just another attempt to control everyone’s internet usage

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

Marian Halcombe is specifically discussing the British age verification provisions of their Online Safety Act, but similar schemes are popping up all over the west, and they’re only pretending to be about protecting young people from online content:

“Privacy” by g4ll4is is licensed under CC BY 2.0 .

The British State, in its infinite filth and hypocrisy, would like you to believe that it is deeply concerned about what you do with your penis. Or more precisely, what you look at while your hand is on it. The latest wheeze — part of the Online Safety Act — is mandatory age verification for all pornographic websites. We’re told it’s to stop children from seeing naughty videos. In reality, it’s a spyware regime disguised as child protection, devised by a ruling class that snorts coke with one hand while signing surveillance warrants with the other.

Let’s start with the pretence. No one in Westminster cares what children watch online. These are the same people who presided over the industrial-scale rape of working-class girls in Rotherham, Telford, Rochdale, and elsewhere — refusing to intervene for fear of “racism”. The idea that they now lie awake worrying about a Year Eight boy glimpsing a MILF thumbnail on Pornhub is an insult to the intelligence. They don’t care about children. They care about you.

The age-verification scheme isn’t just about proving you’re eighteen. It’s about linking your name and your age, and your IP address to your viewing habits. Whether it’s ID upload or facial recognition or some third-party database, the outcome is the same: a digital file that knows what you watch and when you watch it.

In a normal country, this would be recognised as deeply perverse. In ours, it’s dressed up as safety. The State that can’t fix the trains, that can’t keep the hospitals clean, now wants the power to log whether you’re big-enders or little-enders. And all under the banner of protecting the kiddies.

Yes, of course it’s technically possible to anonymise verification. But only if you believe that governments, regulators, and their corporate collaborators are incapable of abuse. That’s a belief I do not share. This is the same British government that let GCHQ harvest your webcam feeds and your phone calls under the TEMPORA programme. You didn’t vote for that. You weren’t told about it. You found out because Edward Snowden blew the whistle.

Do you really think the same regime won’t take an interest in which adult videos you watch? Anyone with an ounce of memory knows how this goes. Every intrusive policy begins with “think of the children”. The Video Recordings Act. The Dangerous Dogs Act. The Terrorism Act. And now the Online Safety Act. Once the infrastructure is in place, it never stays limited to its original purpose.

The definition of “harmful content” is vague for a reason. It can grow. It can stretch. Today it’s Pornhub. Tomorrow it’s Twitter. Then it’s dissident blogs, pro-life websites, or even a dodgy meme about immigration statistics. In the end, the target isn’t porn — it’s dissent.

July 17, 2025

A renewed push to ban AfD from contesting elections in Germany

Filed under: Germany, Government, Law, Liberty, Media, Politics — Tags: , , , , , , — Nicholas @ 03:00

eugyppius updates us on the state of play as the various smaller parties in Germany try to ban Alternative für Deutschland (AfD) which had risen from fringe status to being the most popular political party after the last federal election:

I’m far from a sensationalist, and I’ve repeatedly discounted the likelihood of an AfD ban – not least because the German establishment and the left in particular have good reasons to keep the AfD around. Lately, however, I’ve begun to appreciate that there are deeper, systemic forces working against the AfD in this case. These forces are beyond anybody’s control and if nobody does anything, they may well end in political catastrophe that is much bigger than any single party.

Since the end of the Merkel era, the German left has become thematically scattered, and so they have retreated to the only coordinating issue the German left has ever had, which is hating the right. As climatism started to fade, the social welfare state exceeded its limits and mass migration went sour, AfD bashing became the sole unifying principle for much of the SPD, Die Linke and the Greens. Hating the right is particularly important because it keeps leftist politicians and their activist class on the same page. Without a crusade against the right, a great chasm opens between the antifa thugs who want to smash the state and destroy capitalism on the one hand and the schoolmarm leftoid establishment functionaries in the Bundestag who want to mandate gender-neutral language for the civil service on the other hand. What is more, the firewall against the AfD splits the right and keeps the shrinking left in government. It is a win-win for leftoids everywhere.

Recent events, however, show why things cannot continue as they are now indefinitely. Over time, our Constitutional Court will begin to fill with leftist justices supported by the left parties, who like the rest of the left will also want to ban the AfD. Brosius-Gersdorf and Kaufhold are omens here. Right now the system is held in perfect balance; the left talks a big game about wanting to stamp out the AfD, but they can always justify their hesitation by saying the outcome of ban proceedings is too uncertain. When the necessary judicial majority for an AfD ban is finally secured in Karlsruhe, everything changes. At that point, there will be no excuse for not proceeding with a ban. The activists and the NGOs will take to the streets if their political masters in Berlin don’t begin the process. The CDU will be brought around by media smear campaigns and antifa intimidation.

Keep in mind that this is not about the AfD, but about imperatives within the left itself. No amount of moderation, polite messaging or triangulation on the part of the AfD can get the left to stop or pursue other goals. Unless some exogenous force introduces a new unifying obsession for the left parties and their activists, they will never stop gnawing on this particular chew toy.

Practically, this probably means that the AfD has an expiration date. If they can’t get into government at the federal level and if nothing else changes, they will find themselves facing ban proceedings before a court stacked with leftists who hate them in the next 10 or 15 years. The federal elections in 2029 seem like the last opportunity to normalise the AfD before this final escalation.

People in the CDU need to realise how serious this is, because their fate hangs in the balance as much as the fate of the populist opposition to the right of them. It is absolutely necessary that they break the firewall and enter some kind of arrangement with the AfD before it is too late. It doesn’t matter how much the press freaks out. It doesn’t matter how many violent antifa thugs take to the streets. It doesn’t matter how many party headquarters the leftists invade and vandalise. The firewall will fail in one direction or the other, and if it fails with an AfD ban, we are all in very deep shit.

July 10, 2025

Mandatory online age verification

Michael Geist discusses the rush of the Canadian and other governments in the west to try to impose one-size-fits-all age verification schemes on the internet:

The Day I Knew I Was Old 😉 by artistmac CC BY-SA 2.0

When the intersection of law and technology presents seemingly intractable new challenges, policy makers often bet on technology itself to solve the problem. Whether countering copyright infringement with digital locks, limiting access to unregulated services with website blocking, or deploying artificial intelligence to facilitate content moderation, there is a recurring hope the answer to the policy dilemma lies in better technology. While technology frequently does play a role, experience suggests that the reality is far more complicated as new technologies also create new risks and bring unforeseen consequences. So too with the emphasis on age verification technologies as a magical solution to limiting under-age access to adult content online. These technologies offer some promise, but the significant privacy and accuracy risks that could inhibit freedom of expression are too great to ignore.

The Hub runs a debate today on the mandated use of age verification technologies. I argue against it in a slightly shorter version of this post. Daniel Zekveld of the Association for Reformed Political Action (ARPA) Canada makes the case for it in this post.

The Canadian debate over age verification technologies – which has now expanded to include both age verification and age estimation systems – requires an assessment of both the proposed legislative frameworks and the technologies themselves. The last Parliament featured debate over several contentious Internet-related bills, notably streaming and news laws (Bills C-11 and C-18), online harms (Bill C-63) and Internet age verification and website blocking (Bill S-210). Bill S-210 fell below the radar screen for many months as it started in the Senate and received only cursory review in the House of Commons. The bill faced only a final vote in the House but it died with the election call. Once Parliament resumed, the bill’s sponsor, Senator Julie Miville-Dechêne, wasted no time in bringing it back as Bill S-209.

The bill would create an offence for any organization making available pornographic material to anyone under the age of 18 for commercial purposes. The penalty for doing so is $250,000 for the first offence and up to $500,000 for any subsequent offences. Organizations can rely on three potential defences:

  1. The organization instituted a government-approved “prescribed age-verification or age estimation method” to limit access. There is a major global business of vendors that sell these technologies and who are vocal proponents of this kind of legislation.
  2. The organization can make the case that there is “legitimate purpose related to science, medicine, education or the arts”.
  3. The organization took steps required to limit access after having received a notification from the enforcement agency (likely the CRTC).

Note that Bill S-209 has expanded the scope of available technologies for implementation: while S-210 only included age verification, S-209 adds age estimation technologies. Age estimation may benefit from limiting the amount of data that needs to be collected from an individual, but it also suffers from inaccuracies. For example, using estimation to distinguish between a 17 and 18 year old is difficult for both humans and computers, yet the law depends upon it. Given the standard for highly effective technologies, age estimation technologies may not receive government approvals, leaving only age verification in place.

July 8, 2025

The dangers of whiplash when “the narrative” suddenly changes

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

I’ve never been to Los Angeles, although I did spend a couple of weeks working in the San Francisco area a few decades back, so I’m inclined to think Chris Bray is reporting closer to the objective reality than most of the mainstream media are doing:

Federal agents raided MacArthur Park in Los Angeles today, and that’s shocking! It’s HORRIBLE! Why on earth would they do that?!?!?!? (MY GOD, THEY WERE EVEN ARMED!)

Also, here’s local NPR station KCRW, a very few months ago:

Opening paragraphs:

    For more than a century, MacArthur Park, just west of Downtown Los Angeles, has been an urban oasis for residents of the surrounding Westlake District and the wider city. But in recent years, MacArthur Park has also become synonymous with fentanyl, the synthetic opioid that can be 50 times more powerful than heroin. Open fentanyl abuse is now so common, the drug might as well be an unofficial symbol of the park.

    Scenes of fentanyl abuse, and what it does to the body and mind, are everywhere, with people passed out or staring dead-eyed as they clutch drug pipes and small containers of fentanyl residue.

More recently, the Los Angeles County DA’s office announced a bunch of felony indictments for an aggressive retail theft ring that used MacArthur Park to recruit and organize its army of professional thieves:

    LOS ANGELES — Los Angeles County District Attorney Nathan J. Hochman announced today that Blanca Escobar has been charged with receiving over $350,000 in stolen merchandise from retailers including Target, Macy’s, TJ Maxx, CVS, and Walgreens at her business near MacArthur Park.

    “This case is an important step toward cleaning up MacArthur Park, a community that has long struggled with crime and safety concerns,” District Attorney Hochman said. “Combating organized retail theft in close partnership with LAPD and other law enforcement is a priority for my administration. My office will vigorously prosecute this case and send an unmistakable message to criminals: Retail theft will not be tolerated under my watch.”

Note that the DA called the indictments “an important step toward cleaning up MacArthur Park”. Why? Why did prosecutors think MacArthur Park needs cleaning up?

June 24, 2025

Fandom Has Always Been UNHINGED

Jill Bearup
Published 23 Jun 2025

Listen, nobody asked for a history of fanfiction but here we are regardless. From Helen of Troy fix-it fic to Holmes fans unsubscribing en masse when the detective was killed in The Final Problem, fandom has always been this chaotic, and fanfiction has always been with us. In one form or another.

00:00 Did you ask for this? Nah.
01:20 Ancient authors ripping off other ancient authors
03:06 Virgil was a Homer fanboy
04:10 Dante was a Virgil fanboy
05:18 Don Quixote and the Case of the Unauthorised Sequel
08:01 The Statute of Anne
12:35 Gulliver’s Travels NSFW fanart
14:40 Geniuses and Originality
16:51 The Berne Convention
17:20 Character Vibes are not Copyrightable
20:46 The First Modern Fandoms (were Genuinely Unhinged)

Link to Der Spiegel article on copyright and innovation: https://www.spiegel.de/international/…

June 5, 2025

German judges seem to be dedicated to ensuring that the government never changes policy, regardless of voter preference

Filed under: Germany, Government, Law, Media, Politics — Tags: , , , , , , — Nicholas @ 05:00

The times I despair of the pathetic Canadian government, I look to Germany where eugyppius helpfully explains that German judges are even more dedicated to thwarting the will of the voters than Canadian judges are (and that’s a major achievement):

“German flag” by fdecomite is licensed under CC BY 2.0 .

At the start of May, CSU Interior Minister Alexander Dobrindt effectively abolished asylum as a path into Germany, empowering federal police to push back all illegal migrants at our national borders.

There ensued a period of messaging chaos, in which Chancellor Friedrich Merz assured our neighbours and the EU that nothing much was happening, while Dobrindt quietly insisted that yes, indeed, he was serious. He gave police orders to step up border checks and to send back all illegal migrants regardless of asylum claims – save for pregnant women, the underage and the sick.

These new borders policies have yet to exercise any significant influence on asylum statistics. It is relatively easy to cross into Germany despite the police spot checks, and we don’t yet know how many asylees are managing to evade them.

The deeper legal issues are much more significant right now. We want to know whether Dobrindt’s intervention is workable in theory, and whether our judges will swallow it. Unfortunately, he is already under siege from asylum advocates on the left and the broader migration industry, who have set and sprung a very telling trap, with the aim of getting courts to overturn even these preliminary and quite meagre interventions.

To understand the issues here, we need a brief legal primer: According to German law (the so-called Asylgesetz), foreigners who enter Germany from “secure” states do not get to claim asylum. They are to be sent straight back to wherever it is they came from. Because Germany is surrounded entirely by secure states, that should really be the end of this insane problem. Alas, this sensible law has been superseded since 1997 first by the Dublin Convention, and later by the Dublin II and now the Dublin III Regulation. The latter forbids the Federal Republic from using her own laws, holding that foreigners entering Germany from secure third states must be welcomed pending a procedure to establish which EU member state is actually responsible for them. Effectively, this means that almost all of these aspiring asylees remain in Germany indefinitely, because deporting people who do not belong here is beyond the meagre capacities of our enormous bureaucracy.

Dobrindt sought to get around Dublin by appealing to Article 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to set aside EU regulations when this is necessary to maintain order and security.

Many have eyed this Article 72 strategy for a long time, but nothing is easy, particularly not in countries unduly enamoured of “the rule of law”, which is a lofty euphemism for “the rule of obscure crazy people in robes for whom nobody ever voted and who enjoy lifetime appointments”. These days the government cannot do anything at all except what it was already doing (and sometimes not even that), or unless it is obviously stupid, expensive and inadvisable, because lurking around every corner is a clinically insane judge eager to explain why sensible things are not allowed. In recent years, our extremely learned and far-sighed judiciary has explained why combating climate change is anchored in the German constitution and why basically everybody is entitled to exorbitant social welfare. All that remains for them is to explain why everybody on earth is also entitled to live in Germany and draw benefits from the state, and they will have completed their suicidal triad.

On Monday, 2 June, the Berlin Administrative Court struck the first blow in this direction. Effectively, they called the whole basis for Dobrindt’s new border policy into question, issuing what amounts to a preliminary injunction in the case of three Somalis (two men and one woman) who had crossed from Poland into Germany on 9 May. Federal police intercepted the trio at the train station in Frankfurt an der Oder; they claimed asylum and the police, in line with Dobrindt’s order, sent them back to Poland anyway. Lawyers from the advocacy organisation Pro Asyl then helped them bring suit in Berlin, and the court intervened in their favour. They get to be professional asylees in Germany now.

May 31, 2025

“U.S. libertarians [are] the best friends Canada doesn’t know it has”

In the National Post, Colby Cosh sings the praises of American libertarians for their work in trying to dismantle some of Donald Trump’s dubiously Constitutional extensions of presidential power:

The James L. Watson Court of International Trade Building at 1 Federal Plaza in Lower Manhattan, New York City.
Photo by Americasroof via Wikimedia Commons.

The U.S. Court of International Trade (CIT) issued a decision Wednesday that annuls various salvos of surprise economic tariffs, including ones on Canada, that have been enacted by President Donald Trump since his inauguration in January. I won’t lie to you: I had the same initial reaction to this consequential news that you probably did, which was “Hooray!” and then “Huh, there’s a U.S. Court of International Trade?”

This court is surely unfamiliar even to most Americans, no doubt because much of its work involves settling issues like “Do hockey pants count as ‘garments’ or ‘sports equipment’ under customs law?” Nevertheless, the CIT does have exclusive jurisdiction over civil actions involving U.S. trade law. It’s just that no president has ever before rewritten the tariff schedule of the republic in the half-mad fashion of a child taking crayons to a fresh-painted wall.

The American Constitution, from day one, has unambiguously assigned the right to set international tariffs to Congress. Congress is allowed to delegate its powers to the president and his agents for limited or temporary purposes, but it can’t abandon those powers to him altogether. Defining this legal frontier is what the CIT was asked to do, and their demarcation of it will now swim upward through higher appellate courts (its decision has been put on hold in the meantime).

The lawsuit was actually two parallel suits raising overlapping objections to the tariffs. One was brought forward by 12 U.S. states, and the other was filed by a group of tariff-exposed American businesses, including manufacturers of bikes, electronics kits and fishing equipment. The latter set of plaintiffs was roped together by the usual posse of heroic libertarians and legal originalists, including George Mason University law prof Ilya Somin.

About 24 hours after Trump originally announced the “Liberation Day” worldwide tariffs, Somin quickly blogged about how insanely unconstitutional the whole idea was, and concluded his article essentially by saying “I’m darn well gonna do something about this nonsense”. I don’t mean to suggest he deserves primary credit; I only intend to call attention, once again, to U.S. libertarians being the best friends Canada doesn’t know it has.

May 22, 2025

Lucy Connolly, political prisoner

I’m no firebrand on social media — I’d probably have a lot more followers if I were — but I can easily imagine a situation like the one that got Lucy Connolly sent off to the British gulags for an ill-judged social media post:

In what has become an emblematic case of the UK’s betrayal of free speech, Lucy Connolly has now lost her appeal for early release. This mother and childminder had posted an offensive tweet in the direct aftermath of the Southport murders, in which a psychopath brutally attacked children with a knife at a yoga class. She had believed the false claim that the perpetrator was an asylum seeker, and written online that she had no objection to people burning down hotels where immigrants were residing.

The tweet was taken as evidence that Connolly had intended to “stir up racial hatred” and incite violence during the febrile climate of the summer riots. It had been deleted within hours, no violence occurred as a result, and yet she was sentenced to 31 months in prison. Given that the severity of Connolly’s sentence was doubtless related to unofficial government pressure on the judiciary, many have made the case that Connolly is a political prisoner.

For all our shared revulsion at the tweet, we must remember that we are still talking here about words, not actions. It was completely right that Philip Prescott, a man who attacked a mosque as part of a mob during the riots, was sentenced to 28 months in jail. But Connolly has received an even longer sentence having committed no acts of violence at all. Many rapists and paedophiles have been treated far more leniently. I know of no sound argument that could possibility justify this state of affairs. It is the very definition of two-tier justice.

Let’s get the caveats out of the way. Nobody is defending what Connolly wrote. It was unpleasant, rash, misjudged, and much else besides. Here is the post in full.

Grim stuff. But it by no means fulfils any serious definition of incitement to violence. For one thing, she is not calling on hotels to be torched, but is rather making clear that she would not care if that occurred. This distinction is key, but has been overlooked. Moreover, Connolly has zero influence or clout. It is not as though anyone reading this could have taken it as an instruction or order and acted accordingly. Those wishing to appreciate the full context of why Connolly behaved as rashly as she did should read this excellent piece by Allison Pearson for The Telegraph.

It should go without saying that in a free society some people are going to say ghastly things. That’s the price we pay for liberty. The judge in this case made a statement in his ruling that has been widely interpreted as political: “It is a strength of our society that it is both diverse and inclusive. There is always a very small minority of people who will seek an excuse to use violence and disorder causing injury, damage, loss and fear to wholly innocent members of the public and sentences for those who incite racial hatred and disharmony in our society are intended to both punish and deter.”

May 12, 2025

QotD: The Gracchi

Filed under: Europe, Government, History, Law, Quotations — Tags: , , , — Nicholas @ 01:00

Tiberius and Gaius Gracchus’ tribunates – both of which ended with them being killed (I think it is perfectly fair to say “murdered”) – typically occupy a position in survey coverage of the Roman Republic as the inciting incident that begins (if not quite causes) the collapse of the Republic itself, the first outbreak of violence in Roman politics, the first escalation in a spiral that would lead to the repeated outbreak of civil war in the first century. And that is certainly how they were understood in antiquity; both Plutarch and Appian make this claim (App. BCiv. 1.17; Plut. Ti. Gracch. 20.1). And in part because the sources (again, Plutarch and Appian) frame the Gracchi quite positively and in part, to be frank, because their reforms are generally “left-coded” in a university environment that is inherently sympathetic to left-coded things, the Gracchi tend to come across to students as righteous reformers killed by foolish, hidebound and greedy reactionary Roman senators. And that is, to be fair, a potentially valid reading (if employed with some caveats).

But it is also generally the only reading students get and it is not the only valid reading of the evidence we have. So for this week, I want to complicate the Gracchi, presenting some of the details that often get left out of introductory surveys. In particular, we’re going to discuss the problems that Tiberius Gracchus’ key law, the Lex Sempronia Agraria was designed to solve and I am going to argue that Tiberius was attempting to solve a problem that didn’t exist (though he couldn’t have known it), a view which is now quite common in the scholarship but almost entirely absent in how we tend to teach the Gracchi.

But more to the point, I am going to argue that Tiberius and Gaius Gracchus’ behavior did, in fact, violate the norms of the Republic and that it was not entirely unreasonable for the senatorial elite to conclude these men, in their unrestrained and nakedly ambitious approach to politics, represented a real threat to the Roman political order and that they might be aiming for something approaching a “soft coup” in the context of a political order whose features – including the democratic ones – worked through an unwritten constitution of norms (what the Romans called the mos maiorum, “the customs of the ancestors”), which both brothers actively undermined. The claim that the Gracchi threatened to make themselves tyrants was not an empty claim and that is the dark reflection of their role as well intentioned reformers.

In short, then, if the only version of the Gracchi you have encountered is that of the near-saintly, then martyred proto-progressive reformers, that’s not quite the complete picture (and the left-coding of their ideas is decidedly anachronistic). Naturally, in trying to complicate this picture, I am essentially taking the position of prosecutor, so this “take” is going to be far more negative on the Gracchi than how I would, say, teach them in class or, indeed, how I regard them myself.

So the way we’re going to approach this problem is first to discuss the problem that Tiberius Gracchus thought he was addressing (and some of the issues there), before walking through the means he used to push forward the Lex Sempronia Agraria. Then I want to look at some of the wide-ranging laws proposed by Gaius Gracchus to assess the degree to which those laws cohere and ways we might understand his program and actions, potentially rather more negatively.

Bret Devereaux, “Collections: On the Gracchi, Part I: Tiberius Gracchus”, A Collection of Unmitigated Pedantry, 2025-01-17.

May 7, 2025

Ontario versus the courts

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

In general terms, you would expect the government — in this case the Ontario provincial government — to pass the laws and the courts — when called upon — to rule on their legality. We don’t expect courts to act as if they can overrule legislation passed by the government unless it clearly contravenes the Charter or goes beyond the powers assigned to that level of government. But Canadian courts seem to be choosing to expand their powers to curtail the actions of elected government more and more these days:

Bike lanes on Yonge Street north of Bloor Street in downtown Toronto.
Image from Google Street View

In the weeks of the election period, Canadian courts were busy preventing any legislation of controversy from taking effect — and they went relatively unnoticed. On March 28, the Ontario Superior Court of Justice blocked the Ontario government from banning supervised consumption sites near schools and daycares. It struck again on April 22, halting the Ontario government from removing Toronto’s bike lanes.

Days later, on April 24, the Quebec Superior Court cancelled the province’s planned mega-tuition hike for out-of-province students.

In the case of Toronto’s major bike lanes — on Bloor Street, Yonge Street and University Avenue — Ontario Premier Doug Ford had, in theory, all the power he needed to remove them. Municipalities are creatures of the province, and traffic regulation is also a provincial domain; thus, provincial legislatures can override just about anything that a city council does, especially if related to roads. So, in November, Ford legislated the removal of the lanes, which were previously constructed by city authorities (he was later re-elected premier, so clearly bike lane preservation wasn’t a priority for voters).

In December, cycling advocates launched a court challenge that, really, should have been laughed out of the room. They argued that the removal of bike lanes amounted to a violation of their Charter rights, specifically the Section 7 catch-all right to life, liberty and security.

It remains to be seen whether there is a Charter right that guarantees two per cent of the population the right to have specialty lanes built for their commuting pleasure — the trial process is still underway. In the meantime, Ontario’s Judge Paul Schabas, a Liberal appointee, has granted the cycling advocates an injunction to keep the lanes in place, because allowing their dismantling to go forward would impose an injunction-worthy risk of “irreparable harm” to Toronto’s cyclists.

“There is no evidence that the government has engaged in any planning as to how the bike lanes will be removed or what will replace them,” Schabas wrote in the decision. “The demolition and reconstruction will create its own impacts on traffic — both for cyclists and motor vehicles — and will likely result in considerable disturbance and congestion while that is taking place. Cyclists who continue to use these routes will be at risk of irreparable physical harm for which … the government will not provide any compensation in damages.”

And, just like that, a judge overruled a decision of the elected legislature, opting instead to take, temporarily, the zero-risk-tolerance advice of unelected government consultants. It’s at least good that Ford is appealing Schabas’ decision.

April 29, 2025

QotD: The confidence game

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

… the basics of the confidence game have not changed all that much with the new technology. The confidence man gets his name because he is adept at winning the confidence of the mark. The mark then lowers his defenses and foolishly trusts the con man, rather than his own natural skepticism. The mark is manipulated into thinking the con man is a friend or at least someone who can be trusted. The con man then uses that trust to exploit the mark.

The way in which the con men does this is by flattery. The mark trusts the con man, because the con man finds small ways to confirm the beliefs of the mark. The adept grifter will be a good listener and pick up the little things that the mark thinks are important, like religious beliefs or opinions about personal matters. Seemingly out of the blue, the con man will express those same opinions, which flatters the mark. After all, everyone likes being told that their private opinions are smart.

That’s something you see with the internet grifters. They often have worn a lot of masks as they seek out on-line audiences. […]

Another aspect of the con that remains constant is how the con man uses his alleged status as a victim to work the mark. Con men will use their mark’s natural empathy to win their confidence. Today that often means claiming the big bad tech companies are censoring them. Alternatively, they will claim evil trolls are haunting their internet activity, causing them harm. The term troll has been changed from meaning someone seeking attention to something almost supernatural.

The Z Man, “Carny Town”, The Z Blog, 2019-12-29.

April 28, 2025

A potential positive to the explosion of AI-generated fake porn

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

The one thing we have always been able to predict with 100% confidence is that every new media will be used for pornography and crime, often in the same product. However, No Pasaran makes a case for there being a socially useful side to the ever-increasing realism of fake porn from popular LLM generators:

Seriously?! Am I the only person that sees the benefits of this “troubling trend” of online bullying?!

Think about it.

Blackmail is now a thing of the past.

That’s it.

It’s over.

Whether you are a teen or an adult, whether the photos are real or not, you can simply pass all of them off — indeed, you can do so nonchalantly — as fakes or deepfakes. To your classmates, to your spouse, to your constituents. Who will know whether you are fibbing or telling the truth? (Maybe you hardly know yourself …)

(In a totally different context, of course, that is exactly what Joe Biden’s White House did …)

As it happens, a considerable size of the audience for these sex photos/videos — maybe far more than half — will already be assuming that they’re fakes … (Thanks for the Instalink, Sarah.)

Depression at 16? Suicide at 17? Why fear sextortion at this point? Compliment instead the (anonymous) photo/video creators for doing a good job — for doing an outstanding job.

On my phone I keep receiving photos of Donald Trump tenderly cuddling with Joe Biden or Vladimir Putin or Stormy Daniels. Lots of apps now make you “repair” snapshots that are decades or (over) a century old, colorize them, and make them into mini-movies (the latest one I saw delighted me as it involved Civil War daguerreotypes from the 1860s).

I also keep receiving AI ads where, by combining a couple of photos of myself and of any girl (someone I know and am perhaps infatuated with or some rock or movie star or someone — Marilyn Monroe? Rudolph Valentino? Che Guevara? Queen Victoria? — who has been dead for decades) I can make myself hug or kiss that person — hungrily — on the mouth.

Years ago (long before AI), I was writing a TV script imagining a politician who was on national television and who was all of a sudden ambushed with private photos of him in a compromising position (with a woman other than his wife, with a man, with many women, with many men, at an orgy, in a BDSM cave, with a money shot, whatever …). Talk of falling victim; talk of bullying; talk of harassment (justified or otherwise)!

How should he react?

Ignore the content. And, with an admiring voice, let out a whistle and praise the work: “Wow, that’s well done!”

“What do you mean?!” interrupts the TV presenter, visibly frustrated. “No no no! Don’t tell me you are claiming they’re fake?! We have proof that you were seen at—”

Again, this was before AI, needless to say, which only made the politician’s next words even more startling: “It is so how admirable the degree to which studios have made progress with special effects!”

April 18, 2025

QotD: Literature in (and after) the late Western Roman Empire

… But surely the barbarians burned all of the libraries, right? Or the church, bent on creating a “Christian dark age” tore up all of the books?

Well, no.

Here I think the problem is the baseline we assess this period against. Most people are generally aware that the Greeks and Romans wrote a lot of things and that we have relatively few of them. Even if we confine ourselves only to very successful, famous Greek and Roman literature, we still only have perhaps a low single-digit percentage of it, possibly only a fraction of a percent of it. In our post-printing-press and now post-internet world, famous works of literature do not simply vanish, generally and it is intuitive to assume that all of these lost works must have been the result of some catastrophe or intentional sabotage.

I am regularly, for instance, asked how I feel about the burning of the Library of Alexandria. The answer is … not very much. The library burned more than once and by the time it did it was no longer the epicenter of learning in the Mediterranean world. Instead, the library slowly declined as it became less unique because other libraries amassed considerable collections. There was no great, tragic moment where countless works were all lost in an instant. That’s not how the chain of transmission breaks. Because a break in the chain of transmission requires no catastrophe – it merely requires neglect.

The literature of the Greeks and Romans (and the rest of the ancient iron age Mediterranean) were largely written on papyrus paper, arranged into scrolls. The problem here is that papyrus is quite vulnerable to moisture and decay; in the prevailing conditions in much of Europe papyrus might only last a few decades. Ancient papyri really only survive to the present in areas of hard desert (like Egypt, conveniently), but even in antiquity, books written on papyrus would have been constantly wearing out and needing to be replaced.

Consequently, it didn’t require anyone going out and destroying books to cause a break in the chain of transmission: all that needed to happen was for the copying to stop, even fairly briefly. Fortunately for everyone, Late Antiquity was bringing with it a new writing material, parchment, and a new way of putting it together, the codex or book. The transition from papyrus to parchment begins in the fourth century, but some books are still being produced in papyrus in the 7th century, particularly in the Eastern Mediterranean. Whereas papyrus is a paper made of papyrus stalks pressed together, parchment is essentially a form of leather, cleaned, soaked in calcium lye and scraped very thin. The good news is that as a result, parchment lasts – I have read without difficulty from 1200 year old books written on parchment (via microfilm) and paged through 600 year old books with my own hands. Because making it requires animal hide, parchment was extremely expensive (and still is) but its durability is a huge boon to us because it means that works that got copied onto parchment during the early middle ages often survive on that parchment down to the present.

But of course that means that the moment of technological transition from short-lived papyrus to long-lasting parchment was always going to be the moment of loss in transition: works that made it to parchment would largely survive to the present, while works that were not copied in that fairly narrow window (occupying Late Antiquity and the Early Middle Ages) would be permanently lost. And that copying was no simple thing: it was expensive and slow. The materials were expensive, but producing a book also required highly trained scribes (often these were monks) who would hand copy, letter by letter, the text for hundreds of pages. And, for reasons we’ll talk about later in this series, the resources available for this kind of copying would hit an all-time-low during the period from the fifth to the seventh centuries – this was expensive work for poor societies to engage in.

And here it is worth thus stopping to note how exceptional a moment of preservation this period is. The literary tradition of Mediterranean antiquity represents the oldest literary tradition to survive in an unbroken line of transmission to the present (alongside Chinese literature). The literary traditions of the Bronze Age (c. 3000-1200 BC and the period directly before antiquity broadly construed) were all lost and had to be rediscovered, with stone and clay tablets recovered archaeologically and written languages reconstructed. The Greeks and Romans certainly made little effort to preserve the literature of those who went before them!

In that context, what is actually historically remarkable here is not that the people of Late Antiquity and the Early Middle Ages lost some books – books had always been being lost, since writing began – but that they saved some books. Never before had a literary tradition been saved in this way. Of course these early copyists didn’t always copy what we might like. Unsurprisingly, Christian monks copying books tended to copy a lot more religious texts (both scriptures but also patristic texts). Moreover, works that were seen as important for teaching good Latin (Cicero, Vergil, etc.) tended to get copied more as well, though this is nothing new; the role of the Iliad and the Odyssey in teaching Greek is probably why their manuscript traditions are so incredibly robust. In any event, far from destroying the literature of classical antiquity, it was the medieval Church itself that was the single institution most engaged in the preservation of it.

At the same time, writers in the fifth, sixth and seventh centuries did not stop writing (or stop reading). Much of the literature of this period was religious in nature, but that is no reason to dismiss it (far more of the literature of the Classical world was religious in nature than you likely think, by the by). St. Augustine of Hippo was writing during the fifth century; indeed his The City of God, one of the foundational works of Christian literature, was written in response to the news of the sack of Rome in 410. Isidore of Seville (560-636) was famous for his Etymologies, an encyclopedia of sorts which would form the foundation for much of medieval learning and which in its summaries preserves for us quite a lot of classical bits and bobs which would have otherwise been lost; he also invented the period, comma and colon. Pope Gregory I (540-604) was also a prolific writer, writing hundreds of letters, a collection of four books of dialogues, a life of St. Benedict, a book on the role of bishops, a commentary on the Book of Job and so on. The Rule of St. Benedict, since we’ve brought the fellow up, written in 516 established the foundation for western monasticism.

And while we’ve mostly left the East off for this post, we should also note that writing hardly stopped there. Near to my heart, the emperor Maurice (r. 582-602) wrote the Strategikon, an important and quite informative manual of war which presents, among other things, a fairly sophisticated vision of combined arms warfare. Roman law also survived in tremendous quantities; the emperor Theodosius II (r. 402-450) commissioned the creation of a streamlined law code compiling all of the disparate Roman laws into the Codex Theodosianus, issued in 439. Interestingly, Alaric II (r. 457-507), king of the Visigoths in much of post-Roman Spain would reissue the code as past of the law for his own kingdom in 506 as part of the Breviary of Alaric. Meanwhile, back at Constantinople, Justinian I (r. 527-565) commissioned an even more massive collection of laws, the Corpus Iuris Civilis, issued from 529 to 534 in four parts; a colossal achievement in legal scholarship, it is almost impossible to overstate how important the Corpus Iuris Civilis is for our knowledge of Roman law.

And it is not hard again to see how these sorts of literary projects represented a continuing legacy of Roman culture too (particularly the Roman culture of the third and fourth century), concerned with Roman law, Roman learning and the Roman religion, Christianity. And so when it comes to culture and literature, it seems that the change-and-continuity knight holds the field – there is quite a lot of evidence for the survival of elements of Roman culture in post-Roman western Europe, from language, to religion, to artwork and literature. Now we haven’t talked about social and economic structures (that’s part III), so one might argue we haven’t quite covered all of “culture” just yet, and it is necessary to note that this continuity was sometimes uneven. Nevertheless, the fall of Rome can hardly be said to have been the end of Roman culture.

Bret Devereaux, “Collections: Rome: Decline and Fall? Part I: Words”, A Collection of Unmitigated Pedantry, 2022-01-14.

April 13, 2025

They really are trying to shut down “wrong” speech on the internet

I’ve always been a huge fan of free speech, which has been under continuous and escalating threat by many governments both in person and online. A side-note in the ongoing Canadian federal election has been Liberal leader Mark Carney’s commitment to addressing “online harm” as he defines it:

At a campaign rally in Hamilton, Ontario, Liberal leader Mark Carney unveiled what can only be described as a coordinated assault on digital freedom in Canada. Behind the slogans, applause lines, and empty rhetoric about unity, one portion of Carney’s remarks stood out for its implications: a bold, unapologetic commitment to controlling online speech under the guise of “safety” and “misinformation”.

    We announced a series of measures with respect to online harm … a sea of misogyny, anti-Semitism, hatred, conspiracy theories — the sort of pollution that’s online that washes over our virtual borders from the United States.

He then made clear his intention to act:

    My government, if we are elected, will be taking action on those American giants who come across [our] border.

The former central banker, who now postures as a man of the people, made it clear that if the Liberals are re-elected, the federal government will intensify efforts to regulate what Canadians are allowed to see, say, and share online. His language was deliberate. Carney condemned what he called a “sea of misogyny, anti-Semitism, hatred, conspiracy theories” polluting Canada’s internet space — language borrowed directly from the Trudeau-era playbook. But this wasn’t just a moral denunciation. It was a legislative preview.

Carney spoke of a future Liberal government taking “action on those American giants who come across our borders”. Translation: he wants to bring Big Tech platforms under federal control, or at least force them to play the role of speech enforcers for the Canadian state. He blamed the United States for exporting “hate” into Canada, reinforcing the bizarre Liberal narrative that the greatest threat to national unity isn’t foreign actors like the CCP or radical Islamists — it’s Facebook memes and American podcasts.

But the most revealing moment came when Carney linked online speech directly to violence. He asserted that digital “pollution” affects how Canadians behave in real life, specifically pointing to conjugal violence, antisemitism, and drug abuse. This is how the ground is prepared for censorship: first by tying speech to harm, then by criminalizing what the state deems harmful.

What Carney didn’t say is just as important. He made no distinction between actual criminal incitement and political dissent. He offered no assurance that free expression — a right enshrined in Canada’s Charter of Rights and Freedoms — would be respected. He provided no definition of what constitutes a “conspiracy theory” or who gets to make that determination. Under this framework, any criticism of government policy, of global institutions, or of the new technocratic order could be flagged, throttled, and punished.

And that’s the point.

Mark Carney isn’t interested in dialogue. He wants obedience. He doesn’t trust Canadians to discern truth from fiction. He believes it’s the job of government — his government — to curate the national conversation, to protect citizens from wrongthink, to act as referee over what is and isn’t acceptable discourse. In short, he wants Ottawa to become the Ministry of Truth.

In Britain, their equivalent to Canada’s “online harms” legislation has induced Bitchute to discontinue service to users in the UK:

A READER alerted us to this statement posted on the Bitchute homepage, visible to geolocated UK users:

    After careful review and ongoing evaluation of the regulatory landscape in the United Kingdom, we regret to inform you that BitChute will be discontinuing its video sharing service for UK residents.

    The introduction of the UK Online Safety Act of 2023 has brought about significant changes in the regulatory framework governing online content and community interactions. Notably, the Act contains sweeping provisions and onerous corrective measures with respect to content moderation and enforcement. In particular, the broad enforcement powers granted to the regulator of communication services, Ofcom, have raised concerns regarding the open-ended and unpredictable nature of regulatory compliance for our platform.

    The BitChute platform has always operated on principles of freedom of speech, expression and association, and strived to foster an open and inclusive environment for content creators and audiences alike. However, the evolving regulatory pressures — including strict enforcement mechanisms and potential liabilities — have created an operational landscape in which continuing to serve the UK market exposes our company to unacceptable legal and compliance risks. Despite our best efforts to navigate these challenges, the uncertainty surrounding the OSA’s enforcement by Ofcom and its far-reaching implications leaves us no viable alternative but to cease normal operations in the UK.

    Therefore, effective immediately, BitChute platform users in the UK will no longer be available to view content produced by any other BitChute user. Because the OSA’s primary concern is that members of the public will view content deemed unsafe, however, we will permit UK BitChute users to continue to post content. The significant change will be that this UK user-posted content will not be viewable by any other UK user, but will be visible to other users outside of the UK. Users outside the UK may comment on that content, which the creator will continue to be able to read, delete, block, reply and flag. Users outside the UK may share UK-user produced content to other users outside of the UK as normal. In other words, for users in the UK, including content creators, the BitChute platform is no longer a user-to-UK user video sharing service.

This is the exactly the kind of consequence we at TCW feared a result of the overly restrictive and poorly written Online Safety Act 2023, which has now come into force.

The way the technology works is that websites can use a geolocation service to analyse the IP address your internet service provider has given your service, and use this to determine where you are. Google does this to tailor ads to you, Amazon does this to get you the most convenient version of their website.

Now Bitchute are using this service to protect themselves from the UK Government’s overreach.

The good news: there is a way round this.

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