Quotulatiousness

April 4, 2014

Welcome to the church of SSM militant

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 07:20

A National Review editorial on the Mozilla CEO’s short tenure after being outed as a supporter of a Californian anti-SSM ballot initiative:

In 2008, Barack Obama and Brendan Eich both were against gay marriage. Senator Obama averred his support for the one-man/one-woman view of marriage, while Mr. Eich, a cofounder of the Mozilla web-browser company, donated $1,000 to support Proposition 8 — a California ballot initiative that had the effect of making Senator Obama’s avowed marriage policy the law in California, at least until a federal court overturned it on the theory that California’s constitution is unconstitutional. Barack Obama inexplicably remains, as of this writing, president of the United States of America, but Mr. Eich has just been forced out as CEO of Mozilla because of his political views.

The various tendencies that operate under the general heading of “gay rights” have had an extraordinary run of it in the past several years, in both the political and the cultural theaters. We now have a constitutional right to commit homosexual acts (Lawrence v. Texas), while Facebook offers at last count 56 different gender options to its users (trans with or without asterisk, genderqueer, neutrois, and two-spirit among them). Having won the battle in California, the sore winners are roaming the battlefield with bayonets and taking no prisoners. Mr. Eich’s donation had been a matter of public record for some years, but Eros is a jealous god, and he will have blood from time to time. Mr. Eich’s elevation to the chief executive’s position provided occasion for critics within his firm and without to make an example of him.

[…]

Again, it is in this case a matter of culture. The nation’s full-time gay-rights professionals simply will not rest until a homogeneous and stultifying monoculture is settled upon the land, and if that means deploying a ridiculous lynch mob to pronounce anathema upon a California technology executive for private views acted on in his private life, then so be it. The gay agenda of the moment is, ironically enough, to force nonconformists into the metaphorical closet. If through the miracle of modern medicine you end up with five sets of mixed genitals, you’ll get your own section in the California civil-rights statutes; cling to nearly universal views about marriage for a few months after it’s become unfashionable, and you’re an untouchable.

Unless, that is, you’re the anti-gay-marriage candidate that all the pro-gay-marriage people voted for in 2008, in which case you get a pass, apparently on the theory that everybody assumed you were being willfully dishonest for political reasons. (That assumption provides a relatively rare point of agreement between homosexual activists and the editors of this magazine.) There simply is to be no disagreement, no dissent, and no tolerance for other points of view.

Update: In Time, Nick Gillespie says there’s both good and bad aspects of this event.

Welcome to the brave new world of socially conscious… web-browsing. In the past, consumers might patronize certain businesses (Whole Foods, say, or Ben & Jerry’s) whose stated missions extended beyond increasing shareholder value and avoided others that might have politically objectionable CEOs or reputations for being anti-abortion (Domino’s Pizza, say) or public positions opposed to certain forms of birth control (Hobby Lobby, for instance). Now we’re boycotting free products such as Firefox and demanding companies dance to the tune called by customers. I think that’s a good thing overall — but it may end up being just as difficult for consumers to live with as it will be for corporations.

Whether you care about gay marriage or politically correct web experiences, Eich’s resignation shows how businesses respond to market signals. “Mozilla believes both in equality and freedom of speech. Equality is necessary for meaningful speech,” writes Mitchell Baker, the organization’s executive chairwoman, in announcing Eich’s stepping down. “And you need free speech to fight for equality. Figuring out how to stand for both at the same time can be hard.”

Just as the Internet has empowered consumers to find cheaper prices, more-extensive reviews, and a wider variety of goods than ever before, it’s also made it easier for them to call out companies for all sorts of dastardly actions, screw-ups, and problems. I like that OKCupid’s intervention wasn’t a call for government action to limit people’s choices or ban something. Indeed, OKCupid didn’t even block Firefox users from its site — rather, it politely asked them to consider getting to the site via a different browser.

March 30, 2014

In which Tim Worstall admits that Karl Marx was right

Filed under: Business, Economics, Law — Tags: , , , , , — Nicholas @ 10:37

Well, right in this particular analysis, anyway:

Which is where we can bring Karl Marx into the discussion. Wrong as he was on many points he was at times a perceptive analyst. And he noted that what determined the wages of the workers wasn’t some calculation of a “fair wage”, nor some true value of their production (although he had much to say on both points), but in a market economy the wages that were paid were a reflection of what other people were willing to pay for access to that labour.

If, for example, there were a large number of unemployed (that “reserve army of the unemployed”) then a capitalist didn’t have to raise the wages of his workers however far productivity grew. If anyone tried to capture a bit more of the value being created, say through a strike or other activity, then the capitalist could simply fire them and bring in some of those unemployed. No profits needed to be shared with the workers. However, when we get to a situation of full employment then the dynamic changes. It’s not possible to simply hire and fire to keep wages low. For the other capitalists are competing for access to that labour that makes those profits. The higher profits go the higher all capitalists will be willing to bid up wages to continue making some profit at all.

The obverse of this is if the employers collude in order to artificially suppress the wages of the workers which is why that case involving Apple, Google and so on is going to trial. That’s monopoly capitalism that is and we really don’t like it at all.

But in this case with Yahoo trying to challenge Google’s YouTube, it will be the workers who benefit. For the two companies are vying with each other for access to the content being made and thus the profits that can be made. Of whatever revenue can be made a larger portion will go to the producers of the content and a smaller one to the owners of the platforms. Which is excellent, this is exactly what we want to happen.

March 29, 2014

Surveillance of Canadian telecommunications channels

Filed under: Cancon, Government, Law, Media — Tags: , , , , , — Nicholas @ 00:01

The University of Toronto’s Munk School of Global Affairs looks at how the Canadian security establishment operates:

The issue of lawful access has repeatedly arisen on the Canadian federal agenda. Every time that the legislation has been introduced Canadians have opposed the notion of authorities gaining warrantless access to subscriber data, to the point where the most recent version of the lawful access legislation dropped this provision. It would seem, however, that the real motivation for dropping the provision may follow from the facts on the ground: Canadian authorities already routinely and massively collect subscriber data without significant pushback by Canada’s service providers. And whereas the prior iteration of the lawful access legislation (i.e. C–30) would have required authorities to report on their access to this data the current iteration of the legislation (i.e. C–13) lacks this accountability safeguard.

In March 2014, MP Charmaine Borg received responses from federal agencies (.pdf) concerning the agencies’ requests for subscriber-related information from telecommunications service providers (TSPs). Those responses demonstrate extensive and unaccountable federal government surveillance of Canadians. I begin this post by discussing the political significance of MP Borg’s questions and then proceed to granularly identify major findings from the federal agencies’ respective responses. After providing these empirical details and discussing their significance, I conclude by arguing that the ‘subscriber information loophole’ urgently needs to be closed and that federal agencies must be made accountable to their masters, the Canadian public.

[…]

The government’s responses to MP Borg’s questions were returned on March 24, 2014. In what follows I identify the major findings from these responses. I first discuss the Communications Security Establishment Canada (CSEC), Canadian Security Intelligence Service (CSIS), Royal Canadian Mounted Police (RCMP), and Canadian Border Service Agency (CBSA). These agencies provided particularly valuable information in response to MP Borg’s questions. I then move to discuss some of the ‘minor findings’ related to the Canadian Revenue Agency (CRA), Competition Bureau, Statistics Canada, and the Transportation Safety Board (TSB).

March 28, 2014

Opinions, statistics, and sex work

Filed under: Law, Liberty, Media — Tags: , , , — Nicholas @ 09:04

Maggie McNeill explains why the “sex trafficking” meme has been so relentlessly pushed in the media for the last few years:

Imagine a study of the alcohol industry which interviewed not a single brewer, wine expert, liquor store owner or drinker, but instead relied solely on the statements of ATF agents, dry-county politicians and members of Alcoholics Anonymous and Mothers Against Drunk Driving. Or how about a report on restaurants which treated the opinions of failed hot dog stand operators as the basis for broad statements about every kind of food business from convenience stores to food trucks to McDonald’s to five-star restaurants?

You’d probably surmise that this sort of research would be biased and one-sided to the point of unreliable. And you’d be correct. But change the topic to sex work, and such methods are not only the norm, they’re accepted uncritically by the media and the majority of those who the resulting studies. In fact, many of those who represent themselves as sex work researchers don’t even try to get good data. They simply present their opinions as fact, occasionally bolstered by pseudo-studies designed to produce pre-determined results. Well-known and easily-contacted sex workers are rarely consulted. There’s no peer review. And when sex workers are consulted at all, they’re recruited from jails and substance abuse programs, resulting in a sample skewed heavily toward the desperate, the disadvantaged and the marginalized.

This sort of statistical malpractice has always been typical of prostitution research. But the incentive to produce it has dramatically increased in the past decade, thanks to a media-fueled moral panic over sex trafficking. Sex-work prohibitionists have long seen trafficking and sex slavery as a useful Trojan horse. In its 2010 “national action plan,” for example, the activist group Demand Abolition writes,“Framing the Campaign’s key target as sexual slavery might garner more support and less resistance, while framing the Campaign as combating prostitution may be less likely to mobilize similar levels of support and to stimulate stronger opposition.”

China’s “fake news” problem

Filed under: Business, China, Law, Media — Tags: , , , — Nicholas @ 07:36

The WSJ‘s China Real Time section discusses a recent announcement that the government will be cracking down on “fake news”:

According to the People’s Daily, the official mouthpiece of the Communist Party, such a phenomenon “seriously damages the image of news workers, corrodes the credibility and authoritative nature of the news media, is strongly opposed by all sectors of society, and bitterly detested by the people.” Nine government departments will be involved in the crackdown on such activity, the newspaper said.

By extortion, the government was referring to the practice in which people presenting themselves as journalists — real or not — threaten to report negative information on sources unless they pay them. While it didn’t explicitly spell out what it meant by “fake news,” the government has in recent years been cracking down on the dissemination of rumors or thinly sourced reports that it says contribute to social instability.

[…]

Late last year, in one particularly high-profile case, a Chinese newspaper journalist confessed to accepting hundreds of thousands of yuan in exchange for producing stories defaming a large construction-equipment maker. (Chinese reporters routinely accept hongbao, or small packets of money, when attending press events.) Meanwhile, deal-cutting among IPO candidates faced with media extortionists — in which many companies pay for advertisement space to avoid negative coverage — is common, according Caixin Magazine.

March 25, 2014

Understatement of the day: “dumb things happen when you’ve been drinking”

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 10:10

It’s hard to guess just which parts of his little violent criminal spree might be downgraded to mere “dumb things”:

Cpl. Jonathan Laporte shot up his own home and two of his neighbours’ cars before arming himself with a shotgun and handgun and blasting his way through the showroom of a high-end car dealership on Feb. 9, 2011.

The rampage came less than an hour after he was charged and released by police for physically assaulting three men at a Hunt Club Road hotel.

The 25-year-old soldier had met a man at the Days Inn after replying to an online ad for consensual, “no strings attached” gay sex. But the encounter turned violent after Laporte became heavily intoxicated and grabbed his partner by the neck and started squeezing after warning the man not to tell anyone about their hook-up.

The man eventually escaped wearing nothing more than his underwear and a T-shirt, but returned to the room to recover his wallet and cellphone. Once inside, Laporte closed the door and resumed the attack, punching the man repeatedly in the face as he screamed for help.

BBC to be (effectively) privatized in proposed new legislation

Filed under: Britain, Law, Media — Tags: , , , — Nicholas @ 07:09

British TV viewers are required to pay a regular license fee (which funds the BBC) or they can be prosecuted. The British government may be on the verge of changing this:

Budgets come and go, but something more far-reaching will take place in the House of Commons today; something that might change our political discourse significantly, benignly and permanently.

The Government has indicated that it will back a Bill, brought in by the backbench MP, Andrew Bridgen, to decriminalise non-payment of the Television Licence Fee. Instead of being dragged through the courts, defaulters will simply have their access to the BBC switched off — in the same way that Sky withdraws its services from those who don’t pay their subscriptions.

The practical case for the measure is unarguable. The BBC’s privileged legal position is silting up our criminal justice system. A ridiculous 180,000 people face prosecution every year over non-payment. Under the new regime, they will instead be in the position people who don’t cough up for their gas or electricity bills. A great deal of time and money will be saved.

But the real significance of the proposal is that it will, in practice, remove the BBC’s monopoly. If the penalty for non-payment of the licence fee is withdrawal of the service, rather than prosecution, then that fee ceases to be a tax and becomes a subscription. Refusal to pay is no longer a criminal act, but an exercise of consumer choice. The BBC will become, in practice, a pay-on-demand service like its rivals.

March 12, 2014

The “affirmative consent” meme meets the “purity test” form

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 11:15

As we’re regularly informed by media outlets and websites, we are in the middle of a rape epidemic, with skyrocketing rates of rape (especially on the campus). Wendy McElroy discusses the new White House initiative for “affirmative consent” and the actual statistics on sexual crimes:

It is called “affirmative consent.” It is a new front in the growing regulatory oversight of the most intimate aspect of personal life: making love or having sex. If the White House Council on Women and Girls gets its way, then the doctrine of affirmative consent will regulate sex on a campus near you. It may already be happening.

Affirmative consent is sometimes called “enthusiastic consent” or “yes means yes.” It is intended to replace the current standard of “no means no.” By that standard, the noninitiating sexual partner — almost always assumed to be the woman — needs to decline sex in some manner for the act to be legally viewed as rape. She can verbally decline, try to leave, or push the man away; her “no” can be expressed in many ways.

[…]

The legal standard of affirmative consent is said to solve these perceived problems. The person initiating sex must receive explicit consent before and throughout the sex act in order to escape the specter of rape. In practical terms, this means the man must receive explicit consent from the woman prior to and during a sex act, or he becomes vulnerable to being criminally charged.

When I read this, I instantly imagined a re-worked “sexual purity test” questionnaire for the new affirmative consent requirement. If it hasn’t already been done, I’m sure it’ll be posted somewhere within the week.

On the rather more dubious claim that rape is increasing, the stats don’t back that up at all:

There is a proximate cause for the growing campaign to assert affirmative consent on campuses and in legislatures. On January 22, 2014, the White House Council on Women and Girls issued a paper entitled “Rape and Sexual Assault: A Renewed Call to Action” (PDF). It stated, “1 in 5 women has been sexually assaulted while in college.” That’s a stunning statistic. Or, it would be, if it were true. It is not. And the New York Times headline, “Obama Seeks to Raise Awareness of Rape on Campus,” printed on the same day as the council’s report was released, can’t turn falsehood into truth. Nevertheless, the task force established in the wake of the report will almost certainly validate its findings and act on them.

The truth: the rate of rape has fallen sharply since 1979.

In March 2013, the U.S. Department of Justice reported,

    From 1995 to 2005, the total rate of sexual violence committed against U.S. female residents age 12 or older declined 64% from a peak of 5.0 per 1,000 females in 1995 to 1.8 per 1,000 females in 2005 (figure 1, appendix table 1). It then remained unchanged from 2005 to 2010. Sexual violence against females includes completed, attempted, or threatened rape or sexual assault. In 2010, females nationwide experienced about 270,000 rape or sexual assault victimizations compared to about 556,000 in 1995. [PDF.]

The White House Council’s report is also biased in its presumption that the majority of sexual assaults are committed by men against women. The council states that “1 in 71” men is raped in his lifetime, as opposed to “1 in 5” women during her college years. But this figure appears to conflict with the landmark 2007 “Sexual Victimization in State and Federal Prisons Reported by Inmates” conducted by the Bureau of Justice Statistics (BJS) within the Department of Justice (DOJ). The BJS report indicated that around 60,500 prisoners were sexually abused in one year alone. Since the prison population is overwhelmingly male, it is reasonable to assume most of the victims were male as well. (Indeed, of the ten prison facilities found to have the highest incidence of “nonconsensual sexual acts,” eight had only male prisoners [PDF].)

Senator Dianne Feinstein versus the CIA

Filed under: Government, Law, USA — Tags: , , , , , — Nicholas @ 10:52

In Mother Jones, David Corn shows the state of play between the Central Intelligence Agency and the senate committee that is responsible for oversight of the CIA:

Sen. Dianne Feinstein (D-Calif.), the chair of the Senate intelligence committee, took to the Senate floor and accused the CIA of spying on committee investigators tasked with probing the agency’s past use of harsh interrogation techniques (a.k.a. torture) and detention. Feinstein was responding to recent media stories reporting that the CIA had accessed computers used by intelligence committee staffers working on the committee’s investigation. The computers were set up by the CIA in a locked room in a secure facility separate from its headquarters, and CIA documents relevant to the inquiry were placed on these computers for the Senate investigators. But, it turns out, the Senate sleuths had also uncovered an internal CIA memo reviewing the interrogation program that had not been turned over by the agency. This document was far more critical of the interrogation program than the CIA’s official rebuttal to a still-classified, 6,300-page Senate intelligence committee report that slams it, and the CIA wanted to find out how the Senate investigators had gotten their mitts on this damaging memo.

The CIA’s infiltration of the Senate’s torture probe was a possible constitutional violation and perhaps a criminal one, too. The agency’s inspector general and the Justice Department have begun inquiries. And as the story recently broke, CIA sources — no names, please — told reporters that the real issue was whether the Senate investigators had hacked the CIA to obtain the internal review. Readers of the few newspaper stories on all this did not have to peer too far between the lines to discern a classic Washington battle was under way between Langley and Capitol Hill.

[…]

So here we have the person assigned the duty of guaranteeing that the intelligence establishment functions effectively and appropriately, and she cannot get information about how the CIA meddled in one of her own investigations. This is a serious breakdown. And by the way, Feinstein has still not succeeded in forcing the CIA to declassify her committee’s massive report on the interrogation and detention program.

Here is how she summed up the current state of play:

    If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted. But, Mr. President, the recent actions that I have just laid out make this a defining moment for the oversight of our intelligence committee. How Congress and how this will be resolved will show whether the intelligence committee can be effective in monitoring and investigating our nation’s intelligence activities or whether our work can be thwarted by those we oversee.

What Feinstein didn’t say — but it’s surely implied — is that without effective monitoring, secret government cannot be justified in a democracy. This is indeed a defining moment. It’s a big deal for President Barack Obama, who, as is often noted in these situations, once upon a time taught constitutional law. Feinstein has ripped open a scab to reveal a deep wound that has been festering for decades. The president needs to respond in a way that demonstrates he is serious about making the system work and restoring faith in the oversight of the intelligence establishment. This is more than a spies-versus-pols DC turf battle. It is a constitutional crisis.

March 8, 2014

“If you would like a refund, please contact a fan of my work directly for your money”

Filed under: Business, Law, USA — Tags: , , — Nicholas @ 12:55

Reason‘s Brian Doherty reports on a fascinating Kickstarter campaign by comic artist John Campbell:

For those who think Ayn Rand was just crazily overwrought in the “unrealistic” characters she created to dramatize the anti-capitalist mentality, you might want to see this addendum to the Kickstarter page of comic artist John Campbell, who raised over $50,000 on Kickstarter to publish a book of his comics Sad Pictures for Children.

He got tired of having to mail the books he promised, apparently (believe me, I know that’s a drag) and so decided to burn a copy for every person who asked about where the book they’d been promised was.

The page has a video of him doing the burning.

He has elevated the annoyance of mailing 127 packages to an anti-market rant of marvelous proportion. Excerpts, though whole thing is worth reading, after he talks about how rich people he knew as a kid mistreated a pet rat:

    I got a lot of requests from backers to get books sent before Christmas, which I was able to do for some people. I could not do this for other people before leaving for the holidays, and many of them asked for refunds.

    I refunded them with money I got from selling the original art I made for my webcomic from 2009-2012. This was money I planned to ship orders with. After this happened, I could have made another update explaining I had issued refunds and then tried to sell more things or asked for more shipping money. Instead I thought for a long time about what has been happening…

    If you would like a refund, please contact a fan of my work directly for your money. This is where the money would come from anyway. I am cutting out the middle man.

March 5, 2014

QotD: “Truthiness” and the First Amendment

Filed under: Humour, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 10:22

In modern times, “truthiness” — a “truth” asserted “from the gut” or because “it feels right,” without regard to evidence or logic5 — is also a key part of political discourse. It is difficult to imagine life without it, and our political discourse is weakened by Orwellian laws that try to prohibit it.

After all, where would we be without the knowledge that Democrats are pinko-communist flag-burners who want to tax churches and use the money to fund abortions so they can use the fetal stem cells to create pot-smoking lesbian ATF agents who will steal all the guns and invite the UN to take over America? Voters have to decide whether we’d be better off electing Republicans, those hateful, assault-weapon-wielding maniacs who believe that George Washington and Jesus Christ incorporated the nation after a Gettysburg reenactment and that the only thing wrong with the death penalty is that it isn’t administered quickly enough to secular-humanist professors of Chicano studies.

Everybody knows that the economy is better off under [Republican/Democratic]6 presidents — who control it directly with big levers in the Oval Office — and that:

    President Obama is a Muslim.
    President Obama is a Communist.
    President Obama was born in Kenya.
    Nearly half of Americans pay no taxes.7
    One percent of Americans control 99 percent of the world’s wealth.
    Obamacare will create death panels.
    Republicans oppose immigration reform because they’re racists.
    The Supreme Court is a purely political body that is evangelically [liberal/conservative].8

All of the above statements could be considered “truthy,” yet all contribute to our political discourse.

5. Wikipedia.com, Truthiness, http://en.wikipedia.org/wiki/Truthiness (last visited Feb. 28, 2014) (describing the term’s coinage by Stephen Colbert during the pilot of his show in October 2005). See also Dictionary.com, Truthiness, http://dictionary.reference.com/browse/truthiness (last visited Feb. 28, 2014).
6. Circle as appropriate.
7. 47 percent to be exact, though it may be higher by now.
8. Again, pick your truth.

Ilya Shapiro and P.J. O’Rourke, BRIEF OF AMICI CURIAE CATO INSTITUTE AND P.J. O’ROURKE IN SUPPORT OF PETITIONERS, Susan B. Anthony List v. Driehaus [PDF], 2014-02-28

March 4, 2014

Britain’s prostitution law reforms are driven by moral panic

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 11:35

An editorial from last weekend’s Independent:

What the All Party Parliamentary Group on Prostitution broadly proposes is Nordic-style reform, which is what the European Parliament also backed last week. This would shift the burden of prosecution from mostly women sellers to mostly male buyers and pimps. MPs are right to say that one of the root problems with Britain’s laws on the sex trade is that they send conflicting messages about who is in the wrong. If trafficked women, especially, are to be helped, they must be assured that the law is on their side. It is why the MPs want the mass of current legislation consolidated into a single Act, which makes it clear that only those who purchase sex will feel the rigours of the law.

Change along these lines will bitterly disappoint libertarians who want to see the sex trade fully legalised on Dutch or German lines. There is also an argument that it is illogical – another mixed message – to penalise the purchase of sex but not the sale. But, a counter-argument, which the authorities in Sweden, Norway and Iceland deploy with some justification, is that “redistributing guilt” over the sale of sex undoubtedly benefits women who have felt trapped into prostitution and makes life much harder for pimps and traffickers.

The underlying idea is that because many people (especially politicians) dislike the idea that women sell their bodies, it should be made illegal. The troubling reality that a lot of prostitutes are voluntarily in the business requires the would-be banners to come up with a justification that somehow invalidates the individual decisions of those women. The ongoing moral panic over human trafficking is the current choice of vehicle for that. Tim Worstall:

The only possible claim that can be made in favour of the banning of prostitution, or even of the declaration that it is something wrong that we would like to minimise, is that it represents some form of slavery in which people are forced to do things they do not agree to doing voluntarily.

And that is indeed the claim that is being made, see that reference to “trafficking” in the Independent. However, the one thing that we do in fact know about the “slavery” in prostitution is that it doesn’t, in this country at least, actually exist. For we had a plan whereby every single police force in the country went out looking for people who were indeed sex slaves. People who were being forced, against their will, into prostitution (ie, repeatedly raped, a vile crime). And when they had a look through all of the brothels, working flats, saunas and street walkers they could find not one single police force was able to come up with sufficient evidence to charge anyone at all with the crime of holding someone in such sex slavery. Operation Pentameter it was called and it’s the biggest refutation of the hysterical case about trafficking that could possibly have been devised.

The vision some have of people being forced onto the game is simply untrue. What we do in fact have is consenting adults deciding to offer such services as they wish to offer for the cash being proferred to them. And this isn’t something that requires customers to be made into criminals: nor is it something that requires suppliers to be made into criminals either. It’s just not something that requires anyone at all to be made into a criminal. It’s consenting adults deciding what to do with their own bodies.

Update: The Canadian government is conducting a survey on what to do in the wake of the Supreme Court decision that struck down key parts of Canada’s prostitution laws last year. You can participate in the survey here. The public consultation period lasts until March 17.

On December 20, 2013, in the case of Bedford v. Attorney General of Canada 1, the Supreme Court of Canada found three Criminal Code prostitution offences to be unconstitutional and of no force or effect. This decision gives Parliament one year to respond before the judgment takes effect. Input received through this consultation will inform the Government’s response to the Bedford decision.

You will find some specific questions on this issue at the end of this document. To put them in context, here is a brief overview of the current criminal laws addressing prostitution, the Bedford decision, and existing international approaches to prostitution.

1. http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/13389/index.do?r=AAAAAQAHYmVkZm9yZAAAAAAB

H/T to Maggie McNeil for the link.

February 28, 2014

Baked-in prejudice and freedom of religion

Filed under: Business, Law, Liberty, USA — Tags: , , — Nicholas @ 08:48

Jonah Goldberg assures us that he’s not against gay marriage, but that the Arizona baker’s case isn’t quite what it seems:

Speaking of unreasonableness, according to ESPN’s Tony Kornheiser, if Arizona allows bakers to refuse to bake cakes for gay couples, gays may have to wear “yellow stars” like the Jews of Nazi Germany. It would be Jim Crow for gays according to, well, too many people to list.

Now lest you get the wrong impression, I am no opponent of gay marriage. I would have preferred a compromise on civil unions, but that ship sailed. The country, never mind the institution of marriage, has far bigger problems than gays settling down, filing joint tax returns, and arguing about whose turn it is to do the dishes. By my lights it’s progress that gay activists and left-wingers are celebrating the institution of marriage as essential. Though I do wish they’d say that more often about heterosexual marriage, too.

But I find the idea that government can force people to violate their conscience without a compelling reason repugnant. I agree with my friend, columnist Deroy Murdock. He thinks private businesses should be allowed to serve whomever they want. Must a gay baker make a cake for the hateful idiots of the Westboro Baptist Church? Must he write “God hates fags!” in the icing?

The ridiculous invocations of Jim Crow are utterly ahistorical, by the way. Jim Crow was state-enforced, and businesses that wanted to serve blacks could be prosecuted. Let the market work and the same social forces that have made homosexuality mainstream will make refusing service to gays a horrible business decision — particularly in the wedding industry!

February 27, 2014

OQLF now monitoring social media for language

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

No, not coarse language … the English language:

The agency in charge of enforcing the primacy of the French language in Quebec apparently has a new target — social media.

Eva Cooper, the owner of a small retail boutique in Chelsea, Que., has been notified by the language agency that if she doesn’t translate the shop’s Facebook page into French, she will face an injunction that will carry consequences such as a fine.

“Ultimately, to me, Facebook has nothing to do with Quebec,” said Cooper, who uses the social media site to inform customers of new products in her boutique north of Ottawa. The shop — Delilah in the Parc — has an all-bilingual staff of fewer than 10 people.

“I’m happy to mix it up, but I’m not going to do every post half in French, half in English. I think that that defeats the whole purpose of Facebook,” said Cooper, who has requested the agency send her their demands in English.

Cooper’s case represents a new frontier for the language agency, the Office québécois de la langue française (OQLF). The agency says probes of social media complaints, which started only recently, are “not frequent.”

February 25, 2014

Next on Quebec’s language hit-list – getting rid of “Bonjour-Hi”

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 09:48

The Anglos in Quebec will be facing tougher language laws if (when) the Parti Québécois wins a majority in the next provincial election:

Speaking to business leaders, Diane De Courcy vowed to halt Quebec’s “unacceptable slide” into institutional bilingualism — in Montreal and across the province.

A PQ majority government would make it a priority to bring back Bill 14 and to stamp out examples of creeping bilingualism like sales staff who greet customers with “Bonjour-Hi,” she said at a day-long conference on francization programs held by the Conseil du patronat.

“Montreal is not a bilingual city. Quebec is not a bilingual Quebec,” De Courcy said to reporters after her speech.

Last year, the government decided not to push for adoption of Bill 14, strengthening Quebec’s French Language Charter, because of a lack of support from opposition parties. The wide-ranging bill would extend Bill 101 rules for large businesses to smaller companies with between 25 and 50 employees, and toughen up aspects of the language law on access to English education and bilingual municipalities.

[…]

Employees who deal with the public must be able to address customers correctly in French, “not like what we have right now in downtown Montreal, and not only in Montreal, which is ‘Bonjour-Hi,’” De Courcy said.

De Courcy said she thinks it’s great if individuals want to learn different languages like English, Spanish, Mandarin or Arabic in their private lives, but institutions and businesses must function strictly in French.

“There is a difference with what is institutional and it must be without mercy,” she said.

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