Quotulatiousness

July 19, 2014

The moment the Chris Kluwe saga went surreal

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 08:43

For the few of you who care, the Minnesota Vikings released a summary of the full report on Mike Priefer’s homophobic comments yesterday (you can read the PDF here). The conclusion is pretty anodyne:

In sum, our review of RKMC’s investigative materials you provided fails to establish that Kluwe’s activism in support of marriage equality and other equal rights motivated his release from the team in May of 2013. We also did not find sufficient evidence to establish that members of the Vikings organization attempted to discourage Kluwe from engaging in marriage equality or equal rights activism or that the Vikings harbored a homophobic hostile work environment. The record does, however, support the conclusion that the distractions caused by the level, but not the nature, of Kluwe’s activism did create some discomfort in the organization during the 2012 season in which Kluwe’s punting performance was unsatisfactory to the team. The investigation materials support that the Vikings released Kluwe for football performance reasons and not his views on marriage equality.

The report includes comments that are not complimentary to Kluwe himself:

The record does not support the claim that the Vikings released Kluwe because of his activism on behalf of marriage equality, but instead because of his declining punting performance in 2012 and potentially because of the distraction caused by Kluwe’s activism, as opposed to the substance of such.

Throughout the independent investigation, interviewees characterized Kluwe in similar ways: someone who is highly intelligent, reads a lot, a prankster or jokester, comfortable with the media and seems to enjoy attention. Walsh stated that Kluwe spent much of his free time in the locker room doing interviews. Walsh also said that Kluwe “loves the attention,” “was focused on everything but football,” and wanted to be in the spotlight.

Kluwe’s locker room behavior stood out to some interviewees and included stories about Kluwe dropping his pants in front of 20-25 business people as they were being escorted through the locker room on a tour. Interviewees also recalled Kluwe making fun of the coaches’ speeches on the white board in the locker room and leaving it there even when the press came in. Kluwe also made fun of the Vikings’ then Head Strength and Conditioning Coach Tom Kanavy, an alumnus of ‒ and former coach at ‒ Penn State University, concerning the Jerry Sandusky/Penn State situation. In his interview, Kanavy explained that Kluwe cut the seat out of his pants and then put them on to imitate a victim of the Penn State child-abuse scandal. According to Kanavy, Kluwe said that he was a “Penn State victim” and to “stay away” from him while his buttocks were exposed.

There is consistent and weighty evidence from the record, mostly from Kluwe himself, that he viewed his performance as a member of the Vikings in an inflated manner. For instance, Kluwe, in at least one article, described himself as a very good punter. In another he stated that his performance in 2012 was consistent with his previous years’ performance with the Vikings. He also stated that he believed he had a good year in 2012.

It should be no surprise to anyone that Kluwe was not satisfied with the results, and set off to rally the troops on Twitter:

And that’s the point where I stopped thinking Chris Kluwe was just trying to ensure that justice was done. If he himself knew of a sex crime and didn’t report it, it rather pales in importance to the situation he found himself in, yet he doesn’t seem to recognize it. Perhaps it really all is about him after all.

The team has suspended special teams coach Mike Priefer for three games and is requiring that he take additional sensitivity training. Priefer has apologized for his remarks, while Kluwe said he will be filing his suit as soon as possible. Priefer’s statement:

“I owe an apology to many people — the Wilf family, the Minnesota Vikings organization and fans, my family, the LGBT community, Chris Kluwe and anyone else that I offended with my insensitive remark,” he said. “I regret what has occurred and what I said. I am extremely sorry but I will learn from this situation and will work on educating others to create more tolerance and respect.”

July 16, 2014

New Zealand is considering breaking new legal ground in rape cases

Filed under: Law, Liberty — Tags: , , — Nicholas @ 08:36

And by “breaking new legal ground” I mean “beginning with a presumption of guilt” in all rape cases:

Fundamental pillars of the criminal justice system may be eroded whichever party wins the election this year, as both National’s and Labour’s proposals would look into changing the right to silence or the presumption of innocence in rape cases.

Both major parties claim the current system is not upholding justice for victims, and are looking at changes that would effectively make it easier for prosecutors to obtain convictions.

National wants to explore allowing a judge or jury to see an accused’s refusal to give evidence in a negative light, while Labour wants to shift the burden of proof of consent from the alleged victim to the accused.

Auckland University law professor Warren Brookbanks said both policies challenged two fundamental principles: the right to silence, and the presumption of innocence, which are both protected in the Bill of Rights Act.

New Zealand needs a third political alternative, as both of these parties are proposing to take away fundamental rights in pursuit of a higher conviction rate. Taking away the right to silence is bad, but getting rid of the presumption of innocence is equally bad:

Labour’s justice spokesman Andrew Little did not think the party’s proposal would lead to more innocent people being convicted.

“I don’t see why. You’re assuming that there is a propensity to lay false complaints. There is no evidence pointing to that.”

He said eroding the right to silence went too far, but Justice Minister Judith Collins said the same of Labour’s proposal.

“The presumption of innocence is fundamental to our justice system and our society. Requiring an accused person to prove their innocence would undoubtedly result in many injustices and wrongful convictions.”

A quick Google search for “false accusations in rape cases” turned up 4.3 million hits. Even the Wikipedia page on the subject (and Wikipedia editors tend to be pro-victim rather than pro-police) say that between 2% and 8% of all rape accusations are false. New Zealand’s “initiatives” in this area seem bound to create more injustice for the accused than improved justice for victims.

July 15, 2014

Reason.tv – Maggie McNeill on Why We Should Decriminalize Prostitution

Filed under: Law, Liberty — Tags: , , , , — Nicholas @ 08:43

Published on 14 Jul 2014

“There is a very common form of rhetoric that’s used against us … that sex work isn’t work. That it’s a dodge. That it’s a scam. That it’s a form of exploitation,” says Maggie McNeill, a former sex worker turned activist who blogs at The Honest Courtesan.

“We still pretend that there’s a magical mumbo jumbo taboo energy about sex that makes it different from all other human activities.”

McNeill sat down with Reason TV‘s Thaddeus Russell for a wide-ranging interview where she responds to the feminist critique of sex work, explains why research on trafficking may not be reliable, and says why prostitution should be decriminalized.

“The problem is that there are already laws for these things,” states McNeill. “We have a name for sex being inflicted on a woman against her will. We call it rape. We have a name for taking someone and holding them prisoner somewhere. We call that abduction. … Why do we need [prostitution] to be laid on top of all these other things that already are crimes?”

The sheer difficulty of obtaining a warrant

Filed under: Government, Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 08:21

Tim Cushing wonders why we don’t seem to sympathize with the plight of poor, overworked law enforcement officials who find the crushing burden of getting a warrant for accessing your cell phone data to be too hard:

You’d think approved warrants must be like albino unicorns for all the arguing the government does to avoid having to run one by a judge. It continually acts as though there aren’t statistics out there that show obtaining a warrant is about as difficult as obeying the laws of thermodynamics. Wiretap warrants have been approved 99.969% of the time over the last decade. And that’s for something far more intrusive than cell site location data.

But still, the government continues to argue that location data, while possibly intrusive, is simply Just Another Business Record — records it is entitled to have thanks to the Third Party Doctrine. Any legal decision that suggests even the slightest expectation of privacy might have arisen over the past several years as the public’s relationship with cell phones has shifted from “luxury item/business tool” to “even grandma has a smartphone” is greeted with reams of paper from the government, all of it metaphorically pounding on the table and shouting “BUSINESS RECORDS!”

When that fails, it pushes for the lower bar of the Stored Communications Act [PDF] to be applied to its request, dropping it from “probable cause” to “specific and articulable facts.” The Stored Communications Act is the lowest bar, seeing as it allows government agencies and law enforcement to access electronic communications older than 180 days without a warrant. It’s interesting that the government would invoke this to defend the warrantless access to location metadata, seeing as the term “communications” is part of the law’s title. This would seem to imply what’s being sought is actual content — something that normally requires a higher bar to obtain.

Update: Ken White at Popehat says warrants are not particularly strong devices to protect your liberty and lists a few distressing cases where warrants have been issued recently.

We’re faced all the time with the ridiculous warrants judges will sign if they’re asked. Judges will sign a warrant to give a teenager an injection to induce an erection so that the police can photograph it to fight sexting. Judges will, based on flimsy evidence, sign a warrant allowing doctors to medicate and anally penetrate a man because he might have a small amount of drugs concealed in his rectum. Judges will sign a warrant to dig up a yard based on a tip from a psychic. Judges will kowtow to an oversensitive politician by signing a warrant to search the home of the author of a patently satirical Twitter account. Judges will give police a warrant to search your home based on a criminal libel statute if your satirical newspaper offended a delicate professor. And you’d better believe judges will oblige cops by giving them a search warrant when someone makes satirical cartoons about them.

I’m not saying that warrants are completely useless. Warrants create a written record of the government’s asserted basis for an action, limiting cops’ ability to make up post-hoc justifications. Occasionally some prosecutors turn down weak warrant applications. The mere process of seeking a warrant may regulate law enforcement behavior soomewhat.

Rather, I’m saying that requiring the government to get a warrant isn’t the victory you might hope. The numbers — and the experience of criminal justice practitioners — suggests that judges in the United States provide only marginal oversight over what is requested of them. Calling it a rubber stamp is unfair; sometimes actual rubber stamps run out of ink. The problem is deeper than court decisions that excuse the government from seeking warrants because of the War on Drugs or OMG 9/11 or the like. The problem is one of the culture of the criminal justice system and the judiciary, a culture steeped in the notion that “law and order” and “tough on crime” are principled legal positions rather than political ones. The problem is that even if we’d like to see the warrant requirement as interposing neutral judges between our rights and law enforcement, there’s no indication that the judges see it that way.

July 11, 2014

The lawless hellhole that is post-legalization Colorado

Filed under: Business, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:24

Just as sensible people were predicting, the once peaceful and scenic state of Colorado is now a smoking hole in the ground, infested with twitchy-eyed, machete-wielding savages. (Oh, wait, no … that’s Edmonton):

[Colorado Governor John] Hickenlooper sounds cautiously optimistic, and there are good reasons for that. Possession and consumption of cannabis have been legal in Colorado and Washington since the end of 2012. In Colorado, so has home cultivation of up to six plants and noncommercial transfers of up to an ounce at a time. Since the beginning of this year, anyone 21 or older has been able to walk into a store in Colorado and walk out with a bag of buds, a vape pen loaded with cannabis oil, or a marijuana-infused snack. And for years in Washington as well as Colorado, such products have been readily available to anyone with a doctor’s recommendation, which critics say is so easy to get that the system amounts to legalization in disguise. Despite all this pot tolerance, the sky has not fallen.

A study released yesterday by Colorado’s Marijuana Enforcement Division supports Hickenlooper’s impression that legalization has not had much of an effect on the prevalence of cannabis consumption. The authors, Miles Light and three other analysts at the Marijuana Policy Group, note that the percentages of Coloradans reporting past-month and past-year consumption of marijuana in the National Survey on Drug Use and Health (NSDUH) rose between 2002 and 2010, mirroring a national trend. But consumption fell a bit in Colorado after 2010 while continuing to rise in the rest of the country. That is striking because Colorado’s medical marijuana industry began to take off in the second half of 2009 after the legal standing of dispensaries became more secure.

Another surprising finding is that marijuana use during this period was less common in Colorado than in the country as a whole. Based on NSDUH data from 2010 and 2011, 12 percent of Coloradans 21 or older were past-year users, compared to a national figure of 16 percent. But among those past-year users, daily use was more common in Colorado: 23 percent of them reported consuming marijuana 26 to 31 times a month, compared to a national rate of 17 percent. It’s not clear to what extent Colorado’s medical marijuana system is responsible for this difference in patterns of use.

[…]

Hickenlooper did not mention crime rates, but some opponents of legalization warned that cash-heavy cannabusinesses would invite robberies, leading to an increase in violence. Instead the frequency of burglaries and robberies at dispensaries has declined since they began serving recreational consumers in January. FBI data indicate that the overall crime rate in Denver, the center of Colorado’s marijuana industry, was 10 percent lower in the first five months of this year than in the same period of 2013.

Although the prospect of more money for the government to spend has always struck me as a pretty weak argument for legalization, Hickenlooper is happy to have tax revenue from the newly legal marijuana industry. So far there has not been much: just $15.3 million from the recreational sector in the first five months of 2014 ($23.6 million if you include medical sales), although monthly revenue rose steadily during that period. The economic activity associated with the new industry, including not just marijuana sales but various ancillary goods and services, is bound to be much more significant than the tax revenue. And although Hickenlooper says he does not want Colorado to be known for its cannabis, legalization (along with abundant snow) may have something to do with the record numbers of tourists the state is seeing. It seems clear, in any case, that legalization has not hurt Colorado’s economy, which Hickenlooper accurately describes as “thriving.”

Another benefit of legalization that can be measured in money is law enforcement savings, which various sources put somewhere between $12 million and $60 million a year in Colorado. Those estimates do not include the human costs associated with treating people like criminals for growing, selling, and consuming an arbitrarily proscribed plant. Prior to legalization police in Colorado were arresting 10,000 pot smokers a year. Today those criminals are customers of legitimate businesses, which are replacing the “corrupt system of gangsters” decried by Hickenlooper.

July 10, 2014

If this lawsuit succeeds, they’re going after the Black Watch next

Filed under: Business, Law, USA — Tags: , , — Nicholas @ 13:12

The Tilted Kilt restaurant chain is suing a golf course for some kind of trademark infringement. Timothy Geigner tries to make sense of the “claims”:

The club in question is the Kilted Caddy Club, a golf course that provides female caddies in kilts for some of their golf tournaments, because nothing helps a man concentrate on sinking that twenty-foot sloped birdie putt like a nice pair of legs. The Tilted Kilt franchise, in case you aren’t aware, provides bar/restaurants in which scantily-clad women in kilts and low-cut button-down shirts serve you sub-par food while the worst music you can imagine plays around you and your fellow degenerate friends. In other words, we’re dealing with two quality organizations here. Well, apparently one side of this equation got their kilts in a bunch to the point of filing a very silly trademark claim.

    The Tempe, Ariz.-based Tilted Kilt, which has nearly 100 locations nationwide including one at Broadway at the Beach, says in court documents that the caddy club is copying its distinctive and trademarked “uniforms,” thereby, confusing consumers into thinking the two businesses are related. The Tilted Kilt has asked a judge for a permanent injunction against the Kilted Caddy Club’s use of its name and tantalizing tartan uniforms, as well as unspecified monetary damages.

Now, let’s start off with the obvious problem: the two companies aren’t in the same line of business. One is a golf course (that of course has a clubhouse bar and food, but meh), the other is a bar/restaurant. They aren’t competing against one another. That should probably be enough to toss this thing out already. Add to that the fact that the two uniforms aren’t really all that similar beyond incorporating a bastardization of a traditional Scottish kilt, and it’s all the more difficult to see this going anywhere.

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.

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