Quotulatiousness

July 9, 2014

Britain’s latest moral panic enters the “proposing bad law” stage

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 08:40

Iain Martin says it’s now gotten to the point “where it is permissible to mention George Orwell and his novel Nineteen Eighty-Four“:

Peter Wanless, the chief executive of the NSPCC, said earlier: “If someone consciously knows that there is a crime committed against a child, and does nothing about it because they put the reputation of the organisation above the safety of that child, that should be a criminal offence.”

“Consciously knows.” There’s an interesting phrase. It seems that the NSPCC sees this sanction applying only to people in positions of responsibility. But how can that be defined fairly in law? Will the new law only apply to the chief executive of a health trust, but not to the finance director or to the head of communications? It would be impossible to define such a law so narrowly. In time it would have to apply to anyone working in any organisation. And, surely it must also apply to anyone who comes into contact with said organisation and who might have heard that a crime has been committed? People often think they “consciously know” something when they have actually only heard it third-hand. If the idea is established that failure to pass on a wild rumour to the police is somehow illegal, it is not difficult to imagine what could go wrong.

[…]

If it is to become a crime to fail to report suspicions that child abuse is taking place, why should the new law not to be extended in time to all other areas of criminal activity? It could become illegal to fail to report to the police if you suspected that a fellow citizen had committed a crime, or might be about to. As someone wise on Twitter put it earlier: the historical precedents of states making it compulsory for citizens to report on their fellow citizens are not encouraging.

July 8, 2014

The wine trade, legal “adjuncts”, and honest labelling

Filed under: Law, Technology, USA, Wine — Tags: , — Nicholas @ 14:47

In Wired, Christopher Null talks to Californian winemaker Paul Draper about what’s actually in the wine that you buy:

Unlike most food and drink, wine and other alcoholic beverages are governed not by the Food and Drug Administration (part of Health and Human Services) but by the Alcohol and Tobacco Tax and Trade Bureau (part of the U.S. Treasury). As the name suggests, the TTB’s primary goal is to collect taxes on booze and cigarettes, a longstanding vestige of Prohibition. Consumers have largely been left in the dark about what’s really inside the bottle.

Not everyone is thrilled about this, and as with many secrecy-laden industries, transparency is a buzzword that has a few wine industry leaders twittering. Their savior is Paul Draper, who has been lambasting adjuncts for years and who eschews their use at Ridge, where he’s been the chief winemaker since 1969. A legend in the business, his Cabernet placed fifth in the famous Judgment of Paris in 1976. His newest, somewhat Quixotic quest: to introduce full and truthful labeling to wine bottles. Ridge has published real ingredients labels on its bottles since 2012.

While Draper dislikes adjuncts, the enemy, he says, isn’t just cheap wine: It’s also winemakers’ increasing thirst for wines that are ready to drink without significant aging. This not only drives consumer sales, it also helps to drive higher scores from wine critics, as even professionals can struggle to rate a wine based on its future potential.

That in turn has led to a more nefarious way in which adjuncts are being deployed. While they are often used as an easy way to make cheap wine more palatable, adjuncts are increasingly being applied to high-end wines to eke another couple of points out of the critics. “You have that machine. It costs a half a million or a million dollars and it’s sitting in your winery,” Draper says. “The temptation to use it in years when you don’t need to use it is immense.” But ultimately, he complains, “If you use these techniques, you aren’t making fine wine.”

You’d think the various adjuncts wouldn’t make it past the sommeliers, high-end buyers, and big-name critics of the wine world, that such chemical or mechanical shortcuts would be picked up by their well-trained palates. But the truth is that these things can’t be sniffed, tasted, or spotted unless they are overused.

Understatement of the day – “Britain in the Seventies was a very weird place”

Filed under: Britain, Law, Media — Tags: , , , , , , — Nicholas @ 08:42

In the Telegraph, Iain Martin tries to put this summer’s British media hysteria/witch hunt into a bit of perspective:

Anyone who expresses astonishment about the wave of recent revelations and allegations centred on the conduct of assorted entertainers and celebrities from the Seventies must have been lacking access to a television set, if they are genuinely shocked. In that decade, and on into the Eighties, even the most successful and least funny comedy programme rested mainly on one joke, which involved a man in a raincoat chasing around bikini-clad young women. Back then the work of Benny Hill was regarded as family entertainment, and groping, sexual incontinence and jokes about the corruption of innocence were the staples of countless other comedians. It would be surprising – really, wouldn’t it? – if a minority of twisted, power-crazed people working in “entertainment” intent on sexual abuse hadn’t exploited the opportunity to do terrible harm.

Britain in the Seventies was a very weird place. The sexual revolution (largely an elite project of the Sixties, which did not go mainstream until later) had produced a bizarre popular culture hybrid. In the Seventies, the British saucy postcard tradition, always darker than it looked, featuring cheeky innuendo, collided with a crazed mood of supposed sexual liberation. The message pushed out in some sitcoms and other forms of popular entertainment was that everyone was permanently at “it” and that any woman resisting “it” was a prude or a relic of a bygone era. Questions of license, consent and desirability became hopelessly confused. This was the dark flip side of the numerous benefits which came with the abandonment of the old, stifling constraints imposed on both sexes.

To make matters even more hazardous, Britain in the Seventies was a country wobbling on the verge of a transition. The population’s over-reliance on deference and a blind faith in the virtues of authority had already been tested in the Suez disaster and in the Profumo scandal of 1963, although it had not collapsed entirely. Parents still operated on the assumption that fellow adults in positions of power were likely to be trustworthy, and the majority were. But thanks to scandals revealed since involving schools, churches, children’s homes, the BBC, the Scouts and so on, we know that some individuals and networks of paedophiles exploited that trust, again to do terrible harm.

The hound pack of the media is in full cry, and that urge to convict before trial is overwhelming common sense and propriety.

But increasingly we seem less interested in due process – as a protection against miscarriage of justice or to prevent a bad precedent being established – than we do in the excitement of the moment and urgent demands for a government “inquiry” which must usually be “over-arching”. These inquiries are now an industry in themselves, although curiously the one area that probably deserved it (the banking collapse presided over by the political class which triggered the worst downturn in 80 years) was not given a proper inquiry. Funny that.

On Westminster child abuse, the risk was identified by Claire Fox speaking on BBC Radio 4’s Today Programme earlier. She said that rumour is already becoming confused with evidence. All manner of claims are now being aired and reported as though they are fact. “Twenty members of the Establishment,” “ministers” and unnamed “leading figures” are accused of dark and sinister deeds. Alongside those making genuine allegations, anyone with a claim will get on air at the moment, any crank or fantasist who wants to attract attention or settle scores will cry that they are being ignored or suppressed if the broadcasters will not give them a platform immediately. It would be a brave BBC producer who would decline right now.

July 5, 2014

So how would they react to a strong pro-liberty Supreme Court decision?

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:43

Shikha Dalmia says that the relatively mild pro-liberty decisions from the US Supreme Court in this session have driven progressives wild. It’s hard to justify going to DEFCON-5 over Hobby Lobby or Harris … isn’t it?

This week, the United States Supreme Court handed down two rulings that are a victory for the liberties of religion, speech, and association enshrined in the First Amendment. That ought to be cause for a double celebration on July 4. But instead, the rulings, issued on the narrowest possible grounds, constitute a victory so modest — and have elicited a response from the left so hysterical — that anyone serious about liberty can’t help but be a little depressed right now.

The case that has attracted disproportionate attention is informally known as Hobby Lobby, and it challenged ObamaCare’s contraceptive mandate. This mandate requires all for-profit companies to provide all 20 forms of birth control approved by the FDA, including pills and “abortifacients,” even though they violate the Christian (Assembly of God, to be precise) convictions of the owners of Hobby Lobby, an arts and crafts chain in Texas, who were willing to cover “only” 16.

[…]

None of this, however, prevented the left from throwing a collective hissy-fit. Social media erupted into tiresome taunts of fascism. Ann Friedman called the ruling a “blow to reproductive rights” that made her want to issue “an outraged scream, sort of a combination groan-wail…while beating my fists against the desk on either side of my laptop.” (Hey Ann, be careful: A new laptop will cost you several years’ of contraceptive pills. Generic versions sell at Costco for $25 a month.)

Such moral huffing and puffing was also on display in response to the Supreme Court’s ruling in Harris vs. Quinn. That case involved the right of family members of disabled loved ones to offer care without having their state aid garnished by public unions. Harris, a mom who was providing home care to her 25-year-old disabled son, had sued the state of Illinois for forcing her to pay dues to a government union.

But what in the name of Jimmy Hoffa does looking after her son have to do with the union?

Apparently, because she receives state subsidies for caring for her son, Illinois, along with a dozen other states, considers her a “home health care worker.” This means she must submit to the exclusive representation of a government union in collective bargaining negotiations — even though she supports neither the union nor its goals.

The Tsilhqot’in Nation and British Columbia, now with legal standing and everything

Filed under: Britain, Cancon, History, Law — Tags: , , — Nicholas @ 10:32

When I saw the initial reports on the Supreme Court’s decision in Tsilhqot’in Nation versus British Columbia it sounded like the Supremes were ordering the province to pack up and move out … that most (all?) of the land previously known as British Columbia was now to be handed back to the First Nations bands. I guess it’s not quite so apocalyptic, although it will complicate things. Colby Cosh talks about the historical record that informed the decision:

Like everyone else who has studied the Supreme Court’s dramatic decision in the case of Tsilhqot’in Nation v. British Columbia, my response largely amounts to “Well, sure.” “Tsilhqot’in” is the new accepted name of the small confederacy of B.C. Indian bands long called the Chilcotin in English. They live in a scarcely accessible part of the province, and one reason it is scarcely accessible is that the Chilcotin prefer it that way. In 1864, they fought a brief  “war” against white road builders, killing a dozen or so. The leaders of the uprising were inveigled into surrendering and appearing before the “Hanging Judge,” Matthew Begbie. True to his nickname, he executed five of the rebels. But that road never got finished.

In most of Canada, occupancy by “settlers” whose ancestors arrived after Columbus has been formally arranged under explicit treaties. There is a lot of arguing going on about the interpretation of these treaties. But, broadly speaking, most of us white folks outside B.C. have permission to be here. Our arrival, our multiplication and the supremacy of our legal system were all explicitly foreseen and consented to by representatives of the land’s Aboriginal occupants. The European signatories of those treaties recognized that First Nations had some sort of property right whose extinction needed to be negotiated.

Oddly, this concept was clearer to imperial authorities in the 18th and early 19th centuries than to those who came later. The Royal Proclamation of 1763, for instance, recognized the right of Indians to dispose of their own lands only when they saw fit. By the time mass colonization was under way in British Columbia, the men in charge on the scene had absorbed different ideas. Concepts of racial struggle were in vogue, and so were straitlaced, monolithic models of human progress.

And the problems going forward?

The biggest problem for large infrastructure projects in the B.C. Interior may not be the collective nature of “Aboriginal title” alone, but the fact that it is restricted in a way ordinary property ownership isn’t. “It is collective title,” writes the chief justice, “held not only for the present generation but for all succeeding generations. This means it cannot be alienated except to the Crown, or encumbered in ways that would prevent future generations of the group from using and enjoying it.” The special category of legal title devised for First Nations turns out to have a downside: Even completely unanimous approval of some land use by a band or nation may not suffice if people who do not yet exist are imagined disagreeing with it. Would you care to own a car or a house on such terms?

Update, 11 July: Perhaps I spoke too soon that this ruling didn’t mean the non-First Nation inhabitants need to move out of the province.

British Columbia First Nations are wasting no time in enforcing their claim on traditional lands in light of a landmark Supreme Court of Canada decision recognizing aboriginal land title.

The hereditary chiefs of the Gitxsan First Nations served notice Thursday to CN Rail, logging companies and sport fishermen to leave their territory along the Skeena River in a dispute with the federal and provincial governments over treaty talks.

And the Gitxaala First Nation, with territory on islands off the North Coast, announced plan to file a lawsuit in the Federal Court of Appeal on Friday challenging Ottawa’s recent approval of the Northern Gateway pipeline from Alberta.

The Kwikwetlem First Nation also added its voice to the growing list, claiming title to all lands associated with now-closed Riverview Hospital in Metro Vancouver along with other areas of its traditional territory.

They cite the recent high court ruling in Tsilhqot’in v. British Columbia.

[…]

In the short term, the ruling will impact treaty negotiations and development in the westernmost province, where there are few historic or modern treaties and where 200 plus aboriginal bands have overlapping claims accounting for every square metre of land and then some.

“Over the longer term, it will result in an environment of uncertainty for all current and future economic development projects that may end up being recognized as on aboriginal title lands,” wrote analyst Ravina Bains.

Did Rolf Harris face a kangaroo court?

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 09:59

I didn’t follow this particular case (or any of the recent British witch-hunting expeditions against former celebrities), but this post makes it seem as if at least some of the charges Harris was convicted of were remarkably flimsy:

Rolf Harris has been convicted and for many that is conclusive proof of his guilt. However, we should not forget that the British justice system is not perfect, it can make errors, as these high profile miscarriages of justice show.

I do not know if Rolf Harris committed the crimes he was accused of. However, I find the fact that he was convicted, based on the evidence reported by the BBC, alarming.

Let me explain why:

    COUNT ONE – VERDICT: GUILTY

    “The woman said she was aged seven or eight when she queued to get an autograph from Harris at a community centre in Hampshire in 1968 or 1969. When she reached the front of the queue, Harris had touched her inappropriately with his “big hairy hands”, she told the jury.

    The court heard that no evidence could be found that Mr Harris had been at the community centre. He also showed his hands to the jury and denied they were hairy.”

When they say that no evidence could be found that Mr Harris had been at the community centre, they don’t mean a cursory glance turned nothing up. They searched local newspaper archives between January 1967 and May 1974, council records and even conducted letter drops appealing for witnesses. Nothing, not a single piece of independent evidence that he was ever there!

It is hard to see how the uncorroborated recollection of an event alleged to have happened 45 years ago, when the witness was eight, can constitute proof beyond reasonable doubt.

On another count of which Harris has been found guilty by the court:

So the accuser couldn’t remember when it happened (or how old she was), she couldn’t remember where it happened and yet the jury found her 36 year old memory of the indecent assault to be evidence beyond a reasonable doubt!

When we talk about the indecent assault we are not talking about something so traumatic, like rape, that it would understandably be burned into her memory. We are talking about a 17 year old having her bottom touched in the 1970′s, a time where bottom pinching was considered mainstream enough for popular TV shows such as Are You Being Served and on billboards for respectable brands such as Fiat.

Again, nobody who wasn’t there can be sure what Rolf Harris did or didn’t do in this case, but I know that there is an £11m incentive for people to make up accusations and without any corroborating evidence there has to be a reasonable doubt in favour of the accused.

I have no idea whether Harris is actually guilty of the accusations, but I’m astonished a court could convict based on such flimsy evidence. Clearly, at least in high profile media-related cases, the presumption of innocence has been replaced by a presumption of guilt.

July 2, 2014

EU publishers want a totally different online model for content – where they can monetize everything

Filed under: Business, Europe, Law, Media — Tags: , , — Nicholas @ 10:19

Glyn Moody reports on the passionate desire of EU publishing organizations to get rid of as much free content as possible and replace it with an explicit licensing regime (with them holding all the rights, of course):

For too many years, the copyright industries fought hard against the changes being wrought by the rise of the Internet and the epochal shift from analog to digital. Somewhat belatedly, most of those working in these sectors have finally accepted that this is not a passing phase, but a new world that requires new thinking in their businesses, as in many other spheres. A recent attempt to codify that thinking can be found in a publication from the European Publishers Council (EPC). “Copyright Enabled on the Network” (pdf) — subtitled “From vision to reality: Copyright, technology and practical solutions enabling the media & publishing ecosystem” — that is refreshingly honest about the group’s aims:

    Since 1991, Members [of the EPC] have worked to review the impact of proposed European legislation on the press, and then express an opinion to legislators, politicians and opinion-formers with a view to influencing the content of final regulations. The objective has always been to encourage good law-making for the media industry.

The new report is part of that, and is equally frank about what lies at the heart of the EPC’s vision — licensing:

    A thread which runs through this paper is the proliferation of ‘direct to user’ licensing by publishers and other rights owners. Powered by ubiquitous data standards, to identify works and those who have rights in those works, licensing will continue to innovate exponentially so that eventually the cost of serving a licence is close to zero. The role of technology is to make this process seamless and effective from the user’s perspective, whether that user is the end consumer or another party in the digital content supply chain.

[…] the EPS vision includes being able to pin down every single “granular” part of a mash-up, so that the rights can be checked and — of course — licensed. Call it the NSA approach to copyright: total control through total surveillance.

Last year, when the National Post started demanding a paid license to quote any part of their articles (including stories they picked up from other sources), I stopped linking to their site. I suspect most Canadian bloggers did the same, as I see very few links to the newspaper now compared to before the change in their policy. It worked from their point of view: I’m certainly not sending any traffic to their site now, and there was never a chance of me being able to afford their $150 per 100 word licensing rate. Win-win, I guess. The EPS is hoping to avoid that scenario playing out in Europe by mandating that all content use the same kind of licensing, backed up by the power of the courts (and the kind of pervasive surveillance tactics the NSA and its Anglosphere partners have honed to a very fine edge).

“Fixing” soccer games for fun and profit

Filed under: Business, Law, Soccer — Tags: , , , , , — Nicholas @ 08:49

Bill Barnwell discusses what we know (or what we’ve been told) about corruption in soccer matches all the way from Finland to Cameroon to the current World Cup fixtures in Brazil:

Late Monday night, FIFA’s worst nightmare began to break. The Cameroon Football Federation sent out an urgent press release announcing that they were investigating claims that several of Cameroon’s recent matches were fixed, most notably the country’s 4-0 loss to Croatia during the group stage of the World Cup. The allegations come from a story in German newspaper Der Spiegel, which reported that notable alleged Singaporean match fixer Wilson Raj Perumal told the paper in a pre-match Facebook chat that the African side would have a player sent off in the first half before losing 4-0. Both would later occur in the match. Perumal further alleged that the Cameroon team had “seven bad apples” and has been involved, to some extent, with fixing all three of its group stage matches before exiting the tournament.

Perumal has since issued a statement, via the co-authors of his biography, denying that he predicted the result.

Of course, allegations of fixed soccer matches aren’t anything new. What makes this so shocking and so meaningful is the idea that a World Cup match was fixed. It’s one thing for some third-division match under a rock in front of 40 people to be rigged. If a World Cup match can be manipulated with the globe watching, though, is there any match that can’t be fixed?

[…]

Perumal and an associate eventually found their way to Scandinavia, where they would fix matches at a number of clubs in Finland. Most notably, Perumal offered to invest more than a million Euros in struggling Finnish side Tampere United if they allowed him to invite several awful players from outside the country on the take to come play for the club. They took about half of the money and didn’t bother to play the players Perumal brought on; they’re also now banned from Finnish soccer. For some of his fixes, Perumal was actually able to issue instructions during matches to players on the pitch from the team bench.

Perumal suggests that he didn’t need influence over much of a team to fix a match, preferring to focus on the defense. “I prefer back-line players: the two central defenders, the last man stopper and the goalkeeper. If you can get three back-line players on your payroll then you can execute a fix because, when you want to lose, the attackers can’t help you,” he wrote.

[…]

As for Cameroon, well, it’s hard to say what will become of them. If there are seven players on the team who are proven to have fixed matches at the World Cup, their punishment will be severe, with permanent banishment from the sport a likely option. I’ll be intrigued to see what the investigation reveals, even if I’m very skeptical that an investigation conducted by the Cameroon FA and FIFA will be very thorough. They have little to gain from revealing their own corruption. I don’t know that Cameroon necessarily manipulated results during this World Cup, but I would be surprised if the entire tournament actually went untouched by match fixers. There’s simply too much to be gained and too little to stop it from occurring.

June 29, 2014

Gay journalist decries same-sex marriage

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 11:19

Okay, I over-state in the headline (does that make it “clickbait”?). But in the Guardian, Hugh Ryan recognizes that the fight for same sex marriage has not gone quite the way many activists thought it would:

We didn’t queer the institution of marriage. It straightened us

Wisconsin. Indiana. Utah. Hardly a week goes by that the courts don’t rule same-sex marriage street legal in another state in America (the last twenty-two consecutive cases have all come down on the side of marriage equality), making what once seemed impossible now seems unstoppable. Wedding white is the new black — and all the gays are wearing it.

So on this anniversary weekend of the Stonewall Riots, let me be the shrill voice in the back of the church, speaking now instead of forever holding my peace. I think we’re losing something. I have no desire to turn back the clock on marriage equality: it provides both real and symbolic benefits to queer communities, families and our country as a whole. But I cannot ignore the coercive (and corrosive) power that marriage holds. In this country, it is not just an option: it is the option. It is the relationship against which all others are defined, both an institution and an expectation — and you cannot have one without the other.

Before marriage was an option of first resort, queer people had been making our own ceremonies and families for (at least) a century. This will never stop, but the new expectations of marriage will curtail this kind of life-building (just ask any single straight woman over thirty how people treat her relationship choices). We will have to justify our reasons for not marrying, and any relationship that survives past a certain sell-by date will be looked at as pre-marriage.

[…]

Somewhere along the line, the gay rights movement — and maybe the gay community writ large — separated its short-term goals and some people’s immediate needs from the larger ideals of justice and societal change that initially stirred our community to action. This diminution happened by degrees, making it almost impossible to locate the moment when we could have turned around. But I suspect we will one day look back on the contentious 1999 Millennium March on Washington as the point of no return.

Maybe the same-sex marriage wave will begin a broader reconsideration of why our government is in the business of giving benefits to sexual relationships at all — gay or straight. Perhaps we will some day expand these privileges, for which we have fought so hard, to any group of people in a long-lasting relationship of care that keeps them safe, happy, and less dependent on government services — the way France tried (and largely failed) to do with their pacte civil de solidarité. Maybe we can queer the institution.

NFL Films may have key evidence in the concussion dispute

Filed under: Football, Health, Law — Tags: , — Nicholas @ 11:02

At Viking Update, John Holler says an old NFL Films product may become very important in the ongoing dispute between the league and former players over concussions:

The ongoing concussion lawsuit that appears to be close to being settled out of court is making progress to be finalized. The bottom line is that players needing help will get significantly more assistance than they have in the past because the spotlight is on and both sides are compelled to try to reach a mutually-agreed upon decision.

But, if the case remains unsettled, the NFL equivalent to the Zapruder film may well already be in possession of the NFL.

Many of the former players who are seeking reparations for the injuries they sustained during their playing days played the sport at a much different time. They weren’t just Old School. They played in the school that was replaced by the school now referred to as Old School.

Over the weekend, thanks to the good people at Netflix, I watched a three-disc NFL Films series called “Inside the Vault.” The series highlighted the NFL of the 1960s and early 1970s and, while used as a promotional tool, gave unprecedented access to what actually happened on the sidelines of games when injured players were being treated and, at times, sent back into action.

The footage contained on the DVDs was both fascinating and troubling. At the time the “vault” was opened in 2003, NFL Films was getting involved in the new medium of marketing and selling itself. The DVD market of the time created “The Vault.”

What the NFL Films set portrayed was a testament to the bravado of the NFL and the players, coaches and sideline personnel involved. Ed Sabol founded NFL Films and, in the “Vault” collection, he was interviewed and quoted as saying that he instructed his camera crews not to unnecessarily throw away any film that wasn’t spoiled in developing.

Freedom of (certain kinds of) political speech

Filed under: Law, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 10:04

Mark Steyn explains why it’s not a trivial thing to allow the Internal Revenue Service to operate as the financial wing of a political party:

… we’ve had a steady stream of emails from readers explaining that this is all well and good but it’s taxable income and what I really need to do is set up a 501(c)3 or 501(c)4 or 501(c)87 or some such as a vehicle for this campaign.

To which the answer is: well, we certainly considered the possibility, and a few years ago I might have entertained the notion. But not anymore. The National Organization for Marriage, which was founded to protect the pre-revisionist definition of marriage, is, in its various arms, both a 501(c)3 and a 501(c)4. As such, its tax returns are publicly available, but not its donor lists. Nevertheless, it is obliged to report its donors on Schedule B to the Internal Revenue Service. Someone at the IRS leaked the donor lists to a man called Matthew Meisel, a gay activist in Boston. Meisel in turn passed it on to the gay group Human Rights Campaign (whose president was a national co-chair of the Obama re-election campaign), and HRC in turn published the list of donors, which was subsequently re-published by The Huffington Post.

There’s no secret about why they’d do such a thing. As we know, if you disagree with progressive orthodoxy, you have no right to host a cable-TV home-decor show or give a commencement address at an American university or be a beauty-queen contestant. But that’s not enough for these groups. If you’re not a public figure, if you’re just a Californian who puts up a yard sign or a bumper sticker on Proposition Eight, your car will be keyed and your house defaced. And likewise, if you slip a check in the mail for a modest sum, it is necessary that you also be made an example of. Brandon Eich, Richard Raddon and Scott Eckern all lost prominent positions as chief executives because of their donations. But Marjorie Christoffersen, a 67-year-old Mormon who works in the El Coyote restaurant in Los Angeles, was forced to quit because she wrote a $100 check in support of Proposition Eight.

So, when it comes to the leaking of donor lists, we’re not dealing with anything “theoretically” or “potentially” “troubling”. These guys act on this information, and act hard, and they are willing to destroy your life for a hundred bucks.

This is nothing to do with whether you support or oppose same-sex marriage. This is about whether you support free speech, public advocacy, private advocacy and ultimately — one day soon — the sanctity of the ballot box, and whether you oppose a culture of partisan thuggery.

So how did leaking the National Organization for Marriage donor lists work out for the IRS? Well, after a two-year legal battle, the Government of the United States admitted wrongdoing and agreed to settle. For $50,000.

After two years in the toilet of American “justice”, I can tell you that 50 grand barely covers your tips to the courthouse washroom attendant. It’s nothing. The IRS budget is over $11 billion, so you figure out how many organizations’ donor lists they can leak for 50K a pop while still keeping it under “Miscellaneous” in the annual breakdown. $50,000 isn’t even a slap on the wrist — and this notwithstanding that the IRS, as it has in the Lois Lerner case, obstructed and lied, almost laughably: For example, they claimed that the leak was an inadvertent error by a low-level clerk called Wendy Peters in March 2011. But in February 2011 Mr Meisel, the gay activist, was already letting it be known that he had a source who could get him the info.

As in the Lerner case, the inconsistencies and obfuscations were irrelevant. Like Ms Lerner, Mr Meisel took the Fifth. The NOM asked the Department of Justice to grant Meisel immunity so that he could be persuaded to disclose what really happened. But Eric Holder’s corrupt Justice Department had already decided it wasn’t going to investigate the matter so it had no reason to grant Meisel immunity. The Fifth Amendment, a constitutional safeguard to protect the citizen against the state in potentially criminal matters, is being creatively transformed to protect the state against the citizens in matters for which a corrupt and selective Justice Department will never bring criminal prosecution.

So, when it comes to leaking confidential taxpayer information for partisan advantage, the IRS got away with it.

June 27, 2014

FATCA puts “private-sector assets on a bonfire so that government can collect the ashes”

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

In The Economist, a look at the looming deadline for non-US financial institutions to start turning over all their data on their US clients to the IRS:

FATCA stands for Foreign Account Tax Compliance Act, an American law passed in 2010 to crack down on the use of offshore banks, particularly in Zurich and Geneva, to hide taxable assets. The law, part of which takes effect on July 1st, is the most important and controversial development in decades in the international fight against tax evasion. It is feared and loathed by moneymen because of its complexity, its global reach and the high cost of compliance. One senior banker denounces it as “breathtakingly extraterritorial”.

The US government is so worried that US citizens are stiffing them for “their share” that they’re willing to risk blowing up the financial lives of millions of Americans living and working in other countries just to get those theoretical “missing” taxes. I started to type “ironically”, but I really mean “typically” the measure will cause great hardship for law-abiding Americans and do little to inconvenience the scofflaws.

The financial industry is struggling to work out which funds, trusts and other non-bank entities count as “financial institutions” under the law. There is also confusion over who is a “US person”. The definition is broad and includes not only citizens but current and former green-card holders and non-Americans with various personal and economic ties to the United States. Some Canadian “snowbirds” who travel to America for part of each year could be caught in the net, says Allison Christians, a tax professor at McGill University. As the complexities of implementation have grown apparent, the American authorities have had to extend several deadlines. Banks, for instance, will get a two-year moratorium on enforcement as long as they are striving to comply.

FATCA has already sent a chill through the 7m Americans who live abroad. Thousands have been told by their local banks and investment advisers that they no longer want their custom because it is too much hassle. Many others will now have to spend thousands of dollars to straighten out their paperwork with the IRS, even if they owe no tax (and most do not, since they will have paid a greater amount abroad, which counts as a credit against tax owed in America).

[…]

FATCA is about “putting private-sector assets on a bonfire so that government can collect the ashes,” complains Richard Hay of Stikeman Elliot, a law firm. Mark Matthews, a former deputy commissioner of the IRS now with Caplin & Drysdale, another law firm, argues that the effort put into hunting offshore tax evaders is disproportionate: the sums they rob from the public purse “look like a pinprick” compared with other types of tax dodging, such as the under-declaration of income by small businesses.

June 26, 2014

Domestic violence – it’s not as simple as you think

Filed under: Law, Media, Soccer, USA — Tags: , — Nicholas @ 08:42

In Time, Cathy Young discusses Hope Solo’s alleged domestic violence this week:

The arrest of an Olympic gold medalist on charges of domestic violence would normally be an occasion for a soul-searching conversation about machismo in sports, toxic masculinity and violence against women. But not when the alleged offender is a woman: 32-year-old Hope Solo, goalkeeper of the U.S. women’s soccer team, who is facing charges of assaulting her sister and 17-year-old nephew in a drunken, violent outburst. While the outcome of the case is far from clear, this is an occasion for conversation about a rarely acknowledged fact: family violence is not necessarily a gender issue, and women — like singer Beyoncé Knowles’ sister Solange, who attacked her brother-in-law, the rapper Jay Z, in a notorious recent incident caught on video — are not always its innocent victims.

[…]

Research showing that women are often aggressors in domestic violence has been causing controversy for almost 40 years, ever since the 1975 National Family Violence Survey by sociologists Murray Straus and Richard Gelles of the Family Research Laboratory at the University of New Hampshire found that women were just as likely as men to report hitting a spouse and men were just as likely as women to report getting hit. The researchers initially assumed that, at least in cases of mutual violence, the women were defending themselves or retaliating. But when subsequent surveys asked who struck first, it turned out that women were as likely as men to initiate violence — a finding confirmed by more than 200 studies of intimate violence. In a 2010 review essay in the journal Partner Abuse, Straus concludes that women’s motives for domestic violence are often similar to men’s, ranging from anger to coercive control.

[…]

But this woman-as-victim bias is at odds with the feminist emphasis on equality of the sexes. If we want our culture to recognize women’s capacity for leadership and competition, it is hypocritical to deny or downplay women’s capacity for aggression and even evil. We cannot argue that biology should not keep women from being soldiers while treating women as fragile and harmless in domestic battles. Traditional stereotypes both of female weakness and female innocence have led to double standards that often cause women’s violence — especially against men — to be trivialized, excused, or even (like Solange’s assault on Jay Z) treated as humorous. Today, simplistic feminist assumptions about male power and female oppression effectively perpetuate those stereotypes. It is time to see women as fully human — which includes the dark side of humanity.

June 22, 2014

George W. Bush’s former Drug Czar does his very best Baghdad Bob imitation

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 11:46

Image courtesy of Meme Generator

Image courtesy of Meme Generator

Nick Gillespie reports on the one war we should be happy to lose once and for all:

It turns out that Dick Cheney isn’t the only Bush administration muckety-muck still fighting the last war.

Even as the former vice-president took to the pages of The Wall Street Journal to blame Barack Obama for the deteriorating situation in Iraq, George W. Bush’s drug czar, John P. Walters, is arguing in Politico that no, really, victory in the war on drugs is just around the corner. We’ve just got to hold the line, don’t you see, especially against Barack Obama, “whose administration has facilitated marijuana legalization” despite also setting a record for federal raids against medical pot dispensaries in California.

More important, insists Walters, is that you understand “Why Libertarians Are Wrong About Drugs.” Well, OK. I know I’ve been wrong about drugs at times. For instance, I seriously worried that Colorado might have taxed its fully legal pot out of reach of most buyers, thus allowing a black market to thrive. But it turns out that the biggest problem in the Centennial State is how to spend extra tax revenues generated by pot sales, which are coming in 40 percent higher than expected. Oh yeah, and crime is down in Denver.

Recognizing that public opinion increasingly backs treating pot similar to beer, wine, and alcohol, Walters explains that the “the libertarian commitment to freedom should absolutely be acknowledged and, in a time of growing state control, defended. But, when it comes to drugs, libertarians have yet to grasp just how much drug abuse undermines individual freedom and erodes the very core of the libertarian ideal.”

This is simply the old, unconvincing argument that currently (read: arbitrarily) illegal drugs rob individuals of the ability to act rationally or purposefully and thus present a special case in which freedom must be disallowed. This canard is as worn as out as a meth addict’s gums. The same thing was said about booze in the run-up to Prohibition, of course: The man takes a drink and then the drink takes the man and all that.

June 19, 2014

The Washington R*dsk*ns

Filed under: Bureaucracy, Football, Law — Tags: , , , , , — Nicholas @ 08:39

Robert Tracinski on the real story behind the Washington Redskins trademark dispute:

… I think everyone should be terrified by the new ruling by the US Patent Office cancelling the team’s trademark.

The ruling was based on a dubious argument that “redskins” is a slur against Native Americans. Well, then maybe we’d better rename the state of Oklahoma, which drew its name from Choctaw words that mean “red people.” Or maybe we should petition the US Army to decommission the attack helicopter it named after a people it defeated in 1886. Then again, forget I mentioned it. I don’t want to give anyone ideas.

This name-bullying has become a kind of sport for self-aggrandizing political activists, because if you can force everyone to change the name of something — a sports team, a city, an entire race of people — it demonstrates your power. This is true even if it makes no sense and especially if it makes no sense. How much more powerful are you if you can force people to change a name for no reason other than because they’re afraid you will vilify them?

Given the equivocal history of the term “redskins” and the differing opinions — among Native Americans as well as everyone else — over whether it is offensive, this was a subjective judgment. […] When an issue is subjective, it would be wise for the government not to take a stand and let private persuasion and market pressure sort it out.

Ah, but there’s the rub, isn’t it? This ruling happened precisely because the campaign against the Redskins has failed in the court of public opinion. The issue has become the hobby horse of a small group of lefty commentators and politicians in DC, while regular Washingtonians, the people who make up the team’s base of fans and customers, are largely indifferent. So the left resorted to one of its favorite fallbacks. If the people can’t be persuaded, use the bureaucracy — in this case, two political appointees on the Trademark Trial and Appeal Board.

Update: Helpfully, journalists are already compiling lists of offensive team names that justice demands be changed, including the Minnesota Vikings and the Fighting Irish.

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