Quotulatiousness

February 25, 2014

Freedom of belief and “administrative law” in Colorado

Filed under: Business, Law, Liberty — Tags: , , , , — Nicholas @ 09:05

L. Neil Smith on a controversial case in Colorado:

In a story that recently made national news, a Colorado baker who, for reasons of Christian conscience, refused to make a wedding cake for a homosexual couple, has been ordered by a Denver administrative law judge (and exactly what the hell is an “administrative law judge”, anyway?) to do so nonetheless — and make similar cakes for any other customers who request them — or face fines and possibly a stretch in prison.

He will file reports and be watched closely from now on.

I am not kidding.

The baker, who has said that he will disobey the order, is Jack C. Phillips, his bakery, Masterpiece Cakeshop. The judge’s name is Robert Spencer. The gay couple are Charlie Craig and David Mullins. The lawsuit was brought on their behalf by the American Civil Liberties Union.

Craig and Mullins originally filed a complaint with the Colorado Civil Rights Commission. Apparently Phillips had refused another such request, by a lesbian couple, some time ago, and, according to local talk show host Peter Boyles of 710KNUS, was deliberately targeted, or “shopped”, possibly by the judge, himself. Meanwhile, a Colorado Democratic legislator (whose name I can’t find) has just introduced legislation that would crank up the fine for this “offense” by 7000 percent.

In a specimen of logic so twisted it would make Pablo Picasso or Salvador Dali vomit, Spencer has issued Phillips a “cease and desist” order — an official order to stop not doing something. It’s exactly like a moment out of a nightmare collaboration between Stalin and Kafka.

Clearly, Baker Phillips has a right, under the First Amendment — a right currently being denied him — to believe whatever he wishes, and to follow the precepts of his religion, as long as he doesn’t deny anybody else their rights. He also has a First Amendment right to freedom of speech, which necessarily includes the right not to speak, when that appears more eloquent, or to employ his artistic insights, intuitions, and skills in support of a cause that he personally finds obnoxious.

Certainly Craig and Mullins have their rights, as well, but they don’t include compelling Phillips or anybody else to work for them, or to pretend as if they agreed with their ideas and help trumpet them to the world. The fact is, there are dozens of other bakeries in Denver more than willing to do that. But, as we now know from Obamacare, everybody has to comply. They want to get this guy and get him good.

Lobbyist wants to ban gays from playing in the NFL

Filed under: Football, Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:28

This is the sort of story that wouldn’t be out of place in the 1970s, but seems to have come adrift in the timestream and for some reason shows up today:

Just when it appeared that a supposedly modern, progressive society is willing to accept people for who they are and not force them to pretend to be something they’re not, someone is trying to kick the pendulum sharply in the other direction.

According to The Hill, lobbyist Jack Burkman said Monday that he’s preparing legislation that would ban gay players from the NFL.

“We are losing our decency as a nation,” Burkman said in a statement. “Imagine your son being forced to shower with a gay man. That’s a horrifying prospect for every mom in the country. What in the world has this nation come to?”

One must assume that Burkman’s belief is, contra Chris Kluwe, sharing a shower room with a gay man will magically turn you into a “lustful cockmonster”.

February 21, 2014

Online bounty hunting

Filed under: Business, Gaming, Law, Technology — Tags: , , — Nicholas @ 09:10

BBC News on a bounty being offered to track down and prosecute those involved in the DDoS attack on the game Wurm:

A bounty of 10,000 euros (£8,200) is being offered to catch the people who took the online multiplayer game Wurm offline.

The game’s servers were victim of a distributed denial of service (DDoS) attack this week and the game remains offline.

A DDoS attack forces a website offline by overloading the site’s servers with more data than it can process.

The bounty is being offered for any “tips leading to a conviction”.

Wurm is a massively multiplayer online role-playing game (MMORPG) that is played on personal computers.

The game takes place in virtual realms and everything in it is created by the players who are taking part. They can compete against each other or combine forces to defend a realm.

The attack happened just after an update to the game.

Writing on Wurm‘s website, one of its creators said it would be back online as soon as possible.

“We were the target of a DDoS attack and our hosting provider had to pull us off the grid for now.

“We will be back as soon as possible, but things are out of our hands since their other customers are affected.

“We can offer 10,000 euros for any tips or evidence leading to a conviction of the person responsible for this attack,” he wrote.

H/T to Hunter for the link.

February 15, 2014

In one stroke, Connecticut becomes the state with the highest proportion of criminals

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:54

In a development that absolutely nobody could have seen coming, Connecticut has the highest known population of (technical) criminals in the United States:

In a massive display of civil disobedience, tens of thousands of state residents have refused to register what the left calls assault weapons, instantly making them criminals guilty of a felony.

The legacy of the Connecticut residents who used their privately owned firearms to help overthrow the tyrannical colonial rule of King George III, who probably considered their muskets the military-style assault weapon of the day, apparently lives on.

Connecticuters in the tens, perhaps hundreds, of thousands have refused to comply with a law, adopted after the December 2012 massacre at Sandy Hook Elementary School, requiring them to register what gun-control advocates consider assault weapons by the end of 2013.

As the Hartford Courant reports, as of Dec. 31 some 47,916 applications for assault weapons certificates had been received by state police. By some estimates, this represented as little as 15% of the rifles classified as assault weapons owned by Connecticut residents.

Estimates by people in the industry, including the Newtown-based National Shooting Sports Foundation, place the number as high as 350,000.

Update, 19 February: The editorial board of the Hartford Courant thinks that the solution to this problem is to just ignore the deadline or even scrap the law. No, wait, that’d be a sensible reaction. They actually want the state to round up the scofflaws en masse:

Some people actually tried to comply with the registration law, but missed the deadline. The state’s official position is that it will accept applications notarized on or before January 1, 2014 and postmarked by January 4. But, says Dora Schriro, Commissioner of the Department of Emergency Services and Public Protection, in a letter to lawmakers [PDF], anybody sufficiently law-abiding but foolish enough to miss that slightly extended grace period will have to surrender or otherwise get rid of their guns.

This, of course, is the eternally fulfilled fear of those who oppose registration of things governments don’t like — that allowing the government to know about them will result in their eventual confiscation. Such confiscation, despite assurances to the contrary, occurred in New York, California, and elsewhere. Connecticut has accomplished something special, though, by making “eventual” a synonym for “right now.”

You know who won’t have to surrender their weapons? People who quietly told the state to fuck off.

This successful example of mass defiance horrifies the editorial board of the Hartford Courant, which shudders at the sight of the masses not obeying an order that, history, tells us, never had a shot at wide compliance. According to them:

    It’s estimated that perhaps scores of thousands of Connecticut residents failed to register their military-style assault weapons with state police by Dec. 31….

    …the bottom line is that the state must try to enforce the law. Authorities should use the background check database as a way to find assault weapon purchasers who might not have registered those guns in compliance with the new law.

    A Class D felony calls for a maximum sentence of five years in prison and a $5,000 fine. Even much lesser penalties or probation would mar a heretofore clean record and could adversely affect, say, the ability to have a pistol permit.

    If you want to disobey the law, you should be prepared to face the consequences.

Such shock! Such outrage!

February 13, 2014

Disproportional punishment

Filed under: Law, USA — Tags: , , , , — Nicholas @ 10:16

In the Washington Post, Jacob Sullum illustrates the weird disproportionality of the sentences handed out to child porn offenders versus the sentences received by actual child abusers:

The legal treatment of people caught with child pornography is so harsh that they can end up serving longer sentences than people who actually abuse children. In a 2009 analysis, federal public defender Troy Stabenow shows that a defendant with no prior criminal record and no history of abusing children would qualify for a sentence of 15 to 20 years based on a small collection of child pornography and one photo swap, while a 50-year-old man who encountered a 13-year-old girl online and lured her into a sexual relationship would get no more than four years.

Under federal law, receiving child pornography, which could mean downloading a single image, triggers a mandatory minimum sentence of five years — the same as the penalty for distributing it. Merely looking at a picture can qualify someone for the same charge, assuming he does so deliberately and is aware that Web browsers automatically make copies of visited sites. In practice, since the Internet nowadays is almost always the source of child pornography, this means that viewing and possession can be treated the same as trafficking.

The maximum penalty for receiving or distributing child porn is 20 years, and federal sentencing guidelines recommend stiff enhancements based on factors that are extremely common in these cases, such as using a computer, possessing more than 600 images (with each video clip counted as 75 images), and exchanging photos for something of value, including other photos. Federal agents reportedly found 200 child porn videos on Loskarn’s hard drive when they arrested him on December 11.

Ninety percent of federal child-porn prosecutions involve “non-production offenses” like Loskarn’s: downloading or passing along images of sexual abuse, as opposed to perpetrating or recording it. As a result of congressional edicts, the average sentence in such cases rose from 54 months in 2004 to 95 months in 2010, according to a 2012 report from the U.S. Sentencing Commission (USSC). The penalties have become so severe, the commission noted, that judges frequently find ways to dodge them, resulting in wildly inconsistent sentences for people guilty of essentially the same conduct.

February 12, 2014

The Beer Store’s pre-emptive strike against a competitive market in Ontario

Filed under: Business, Cancon, Government, Law — Tags: , , , , — Nicholas @ 11:22

Yesterday I got a robo-call from someone representing The Beer Store (what used to be known as the Brewer’s Retail … for my American readers, think of your local DMV crossed with a Cold War-era Soviet department store). The call was to alert me to the possibility that the Ontario government might do something to destroy the worker’s paradise we live in today and allow the total anarchy of private sales of beer, wine, and liquor. I was invited to take part in some sort of “town hall” meeting where all the interested parties would be represented … if you consider only those who are afraid of this change being introduced as being all of the interested parties.

As we all know, the Ontario government isn’t comfortable with the idea of letting go of their own vast-profit-generating booze sales machine (the LCBO), and I doubt that the current Premier and her party are actually going to break the foreign-owned oligopoly that currently controls the sale of beer in the province. In spite of that, the Beer Store and their “stakeholders” are mounting a rather hysterical counter-offensive to preserve the current status quo. As Colby Cosh points out, their success or failure will probably hinge on keeping Ontarians innocent of how a non-monopolized market works in other jurisdictions … particularly in Alberta:

It is encouraging to see so much ridicule being flung at the Beer Store’s “study” defending its role in the Soviet-flavoured Ontario liquor retailing system. The effectiveness of the Beer Store’s white paper depends on its Ontario audience knowing no practical details of freer retail schemes, particularly Alberta’s: yet, by an amusing paradox, the ur-source for the report appears to be Alberta. No one was willing to attach his name to the report itself, but it comes with a foreword by the Parkland Institute’s Greg Flanagan, who deems it a “valuable contribution”—one that, on an unrelated note, makes heavy use of Flanagan’s own past polemics against liquor privatization. What a terrible shame nobody took credit for this excellent document!

What Colby is missing is that Ontario is a unique, precious snowflake of a province, whose residents are unable to handle this so-called “freedom of choice”. Our loving government is protecting our vulnerable, weak-willed selves from the evils of a callous, uncaring, exploitative sector of the economy that ruthlessly wants to sell us more of their intoxicating poisons at lower prices. This is why we must stand firm against “free markets” and rally our shrinking moral forces!

He even admits that the destruction of Alberta’s proud, noble, and much-loved liquor monopoly has brought untold misery and ruin to literally tens, possibly even hundreds, of Albertans:

The effect of liquor-retail privatization in Alberta was to put liquor stores in many small towns that did not have them before and on darn near every block in the big cities. Most, by design, are small stores with large markups. Before privatization you had a handful of stores in the entire province, all offering strongly regulated uniform prices. But you might have to travel a long way to get the advantage of these prices; you might have to leave work early to show up before closing, particularly if you intended to load up for a weekend or a party; and you might have to stand in a queue when you arrived. (Ah, memories.) And if you didn’t compute your needs accurately and you ran out of booze at the wrong moment, you were out of luck.

After privatization, there are stores everywhere, open all the time, on every day but Christmas; and you might be charged an extra buck on a 12-pack. Go on: ask 10 Albertans who are old enough to remember the old system if they would like to go back. I’ve actually performed this exercise, and I usually get ten “hell no”s. But if you make your sample a hundred, you will certainly find a person or two in one of two categories: (1) socialists nostalgic for the days when ALCB employees were duly organized, and could shut down all liquor sales in the province by striking; (2) geriatric grouches who really don’t enjoy alcohol and don’t like its ready availability and what’s with those goddamn kids these days with the reefer and the XBox and the hey hey hey.

See? He even admits that prices went up! Proof that market failure is smeared all over Alberta! And queues are a good thing: they allow you to meet your neighbours and have long, pleasant conversations about all kinds of things! Albertans have been wantonly deprived of this wonderful balm of human contact and interaction!

No, Ontarians are not ready — and may never be ready — for the additional burden of free choice and wider selections at lower prices. We must set our hearts and minds to work against this tradition-destroying innovation and keep our booze prices high and variety minimal!

Spain reconsidering law that makes them venue of choice for international cases

Filed under: China, Europe, Law — Tags: , , — Nicholas @ 08:38

Another day, another non-Spanish leader or ex-leader being charged with crimes against humanity in a Spanish court … but perhaps not for long:

Spain’s MPs voted on Tuesday to push forward with a bill that limits the power of Spanish judges to pursue criminal cases outside the country, a move that human rights organisations said would end Spain’s leading role as an enforcer of international justice.

Last month, the ruling People’s party (PP) tabled a fast-track legal change to curb the use of universal jurisdiction, a provision in international law that allows judges to try cases of human rights abuses committed in other countries. Since being adopted into Spanish law nearly two decades ago, the doctrine has allowed Spanish judges to reach beyond their borders and investigate serious human rights abuses in countries such as Argentina, Rwanda and Guatemala.

Its use put the Spanish justice system into the headlines at times — most famously for the 1998 arrest of the Chilean dictator Augusto Pinochet in London.

“This reform makes it even harder to probe into severe human rights abuses,” said Ignacio Jovtis, of Amnesty International Spain. “It’s a step backwards for human rights and justice.”

Nearly two dozen international human rights groups have spoken out against the change, calling it political interference in the justice system and urging the government to abandon the reform.

It’s one thing to provide a venue for pursuing violations of civil rights, but it’s quite another to allow your justice system to become an international laughingstock. Spain’s legal system has come dangerously close to the latter with the current law in place. It certainly has created some awkward situations like this:

MPs voted to push ahead with the move a day after a court in Spain ordered Interpol to issue arrest warrants for the former Chinese president Jiang Zemin, as well as four senior Chinese officials, over alleged human rights abuses in Tibet decades ago.

The arrest orders come just as Spain is seeking to lift its sagging economy by deepening trade relations with the Asian superpower.

China issued a sharp rebuke, leaving little question that the issue had strained ties between the two countries. “China is strongly dissatisfied and firmly opposed to the erroneous acts taken by the Spanish agencies in disregard of China’s position,” said a foreign ministry spokeswoman, Hua Chunying, at a daily briefing.

February 10, 2014

A “Dumb” parody that Starbucks finds unamusing

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 09:23

I am not a lawyer, but it seems to me that this “parody” of a Starbucks shop is too similar to the real thing and that it would be easy for someone to think they were buying “the real thing” at this store:

A store labeled as “Dumb Starbucks,” using the Starbucks corporate logo and bearing an almost identical look to an actual Starbucks, opened up in Los Feliz on Friday, according to employees.

It was open until about 6 p.m. Saturday and drinks were free as part of what a barista called a “grand opening.”

The coffee shop reopened again Sunday morning and coffee was again free. Dozens of people could be seen waiting in line to get in.

Messages left with people associated with “Dumb Starbucks” seeking comment have not been returned. Messages left with Starbucks Corporation have also not been returned.

The menu was limited.

On Sunday, there still was no business license or health code rating posted in the establishment. The baristas said they were hired from Craigslist.

Despite the popularity, customers seemed confused about what exactly was going on.

“I saw online that there was a Dumb Starbucks sign. One of my friends posted about it, and I live across the street, so I just walked over,” Jonathan Brown told KPCC. He described it as “weirdly off-kilter,” with everything looking like a regular Starbucks except for the word “dumb” in front of it.

Their “FAQ” posting shows that they’re aware that this ploy may not be lawyer-proof:

Dumb Starbucks FAQ

Update, 11 February: The prank is revealed to be the work of Nathan Fielder.

Mr Fielder appeared in person at the store to make the announcement, where he said there are plans to open a second outlet in Brooklyn, New York.

There had been widespread speculation that the store, which uses Starbucks’ trademarks, was a publicity stunt.

Starbucks said they were aware of the store but denied any affiliation.

“We are evaluating next steps and while we appreciate the humour, they cannot use our name, which is a protected trademark,” a Starbucks spokesperson said in a statement.

February 4, 2014

Administration costs in higher education

Filed under: Bureaucracy, Law, USA — Tags: , , , — Nicholas @ 10:27

Megan McArdle says that the meme about fast-rising tuition costs at university being driven primarily by the increase in administration staff isn’t the whole story:

Tim Burke, a Swarthmore professor who is also a top-notch (if insufficiently prolific) blogger, has penned a long post that is a very useful corrective to this complaint. It isn’t that the professors are wrong, exactly — administration has grown fantastically over the last 50 years. And empire building is undoubtedly some of the reason for this, because all organizations accumulate unnecessary mid-managerial retinues unless the leadership makes a regular effort to scrape off the supernumerary barnacles.

However, most of those administrators have been hired for two much simpler reasons: The faculty wanted to outsource their administrative responsibilities to professionals so they could focus more on teaching and research; and the demands placed on a university are much greater than they used to be.

I am not going to excerpt Burke’s piece because it is too multifaceted, and too good; you’ll just have to read the whole thing. He elaborates the many new things that administrators now do, from monitoring diversity to tending the mental health of the students. He touches on the legal changes that have made much of this administrative bloat into an expensive necessity, a sort of institutional immune system that defends against lawsuits. He also mentions the new regulations, like Title IX, that imply a whole new staff of people certifying that you have complied with their requirements.

February 3, 2014

Corruption in the EU

Filed under: Bureaucracy, Business, Europe, Law — Tags: , , — Nicholas @ 08:46

BBC News discusses a recent EU report on bribery and corruption in Europe:

The extent of corruption in Europe is “breathtaking” and it costs the EU economy at least 120bn euros (£99bn) annually, the European Commission says.

EU Home Affairs Commissioner Cecilia Malmstroem has presented a full report on the problem.

She said the true cost of corruption was “probably much higher” than 120bn.

Three-quarters of Europeans surveyed for the Commission study said that corruption was widespread, and more than half said the level had increased.

Interestingly, the perception of corruption is significantly higher than the (self-reported) incidence:

In the UK only five people out of 1,115 — less than 1% — said they had been expected to pay a bribe. It was “the best result in all Europe”, the report said.

But 64% of British respondents said they believed corruption to be widespread in the UK, while the EU average was 74% on that question.

In some countries there was a relatively high number reporting personal experience of bribery,

In Croatia, the Czech Republic, Lithuania, Bulgaria, Romania and Greece, between 6% and 29% of respondents said they had been asked for a bribe, or had been expected to pay one, in the past 12 months.

There were also high levels of bribery in Poland (15%), Slovakia (14%) and Hungary (13%), where the most prevalent instances were in healthcare.

Ms Malmstroem said corruption was eroding trust in democracy and draining resources from the legal economy.

January 28, 2014

Reforming the NFL (and the NCAA)

Filed under: Football, Law, USA — Tags: , , , , — Nicholas @ 14:33

Gregg Easterbook is worried that we’re at peak football (NFL football, anyway), and has a few suggestions to fix what he thinks are some of the worst problems facing the game as a whole:

For the NFL:

  • Revoke the nonprofit status of league headquarters, and the ability of the league and individual clubs to employ tax-free bonds. A bill before the Senate, from Republican Tom Coburn of Oklahoma, would end these and other sports tax breaks.
  • Require disclosure of painkiller use club by club — as anonymous data, with names removed. Painkiller abuse may be football’s next scandal.
  • Change law so images of football games played in publicly funded stadia cannot be copyrighted. The effect would be that the NFL would immediately repay all stadium construction subsidies, and never seek a subsidy again. Altering national copyright law seems more promising than trying to ban pro football stadium subsidies state by state, since the handouts originate with a broad mix of state, county and city agencies. (Yes, careful wording of such a law would be required to prevent unintended consequences.)

For the NCAA:

  • Graduation rates should be factored into the new FBS playoff ranking system. Not the meaningless “Academic Progress Rate” the NCAA touts precisely because of its meaninglessness — graduation is what matters. News organizations that rank college football should add graduation rates voluntarily, as news organizations have voluntarily agreed to many best-practice standards.
  • For FBS players, the year-to-year scholarship — which pressures them to favor football over the library, to ensure the scholarship is renewed — should be replaced with a six-year scholarship. That way once a player’s athletic eligibility has expired, typically after 4.5 years, and once the NFL does not call — 97 percent of FBS players never take an NFL snap — there will be paid-up semesters remaining for him to be a full-time student, repair credits and earn that diploma. Not all will need the extra semesters. But six-year full scholarships would change big-college football from a cynical exercise in using up impressionable young men and throwing them away, into a fair deal: The university gets great football, the players get educations.
  • NCAA penalties should follow coaches. If a coach breaks rules at College A then skedaddles to College B, all College A sanctions should follow him. The NFL should agree, voluntarily, that the length of any NCAA penalties follows any coach who skedaddles to the pros. So if Coach A gets out of town just before the posse arrives and imposes a two-year sanction on College B, Coach A should face a two-year sanction from the NFL.

[…]

For football at all levels:

  • Eliminate kickoffs, the most concussion-prone down. After a score, the opponent starts on his 25. Basketball eliminated most jump balls; purists cried doom; basketball is just fine.
  • Ban the three-point and four-point stance. Because of these stances, most football plays begin with linemen’s heads colliding. No reform reduces helmet-to-helmet contact faster than requiring all players to begin downs with hands off the ground and heads up. Will this make football a sissified sport? That’s what was said of the forward pass.
  • Only four- or five-star rated helmets should be permitted. Some of the safest helmets are prohibitively expensive for public high school districts, but the four-star, $149 Rawlings Impulse is not. Only double-sided or Type III (individually fitted) mouth guards should be permitted. Double-sided mouth guards are the most cost-effective way to protect against concussions. Many players won’t wear them because they look geeky. If everyone was wearing them, this would not matter.

A more general reform is needed, too. Football has become too much of a good thing. Tony Dungy told me for The King of Sports, “If I could change one aspect of football, it would be that we need more time away for the game, as players and as a society. Young boys and teens should not be doing football year-round. For society, it’s great that Americans love football. But now with the internet, mock drafts, fantasy leagues and recruiting mania year-round, with colleges and high school playing more games and the NFL talking about an even longer schedule — we need time off, away from the game.” We need less of everything about football.

January 27, 2014

FATCA and the “toxic citizen” problem for Americans working abroad

Filed under: Bureaucracy, Law, USA — Tags: , , , , — Nicholas @ 11:04

Emma Elliott Freire explains why she and other Americans living and working in other countries feel like they’re being treated as “toxic citizens”:

The [travel] books tend to emphasize romance and adventure. As an American who is actually living abroad, though, I’ve found that the reality is quite different. My fellow Americans back home sometimes regard me with suspicion, and I feel like my government considers me a “toxic citizen.”

The US is one of two countries in the world that taxes its citizens on the income they earn while living abroad. The other is Eritrea. Every single other country bases its taxation on residency, i.e., you only pay taxes where you live and work.

Americans are required to file an annual tax return with the IRS when they’re abroad — even if they don’t owe any money. They’re also required to file a form called an FBAR to declare their foreign bank accounts. An undeclared account incurs a $10,000 fine.

As you might expect, international tax accountants get a lot of business from Americans. One tax accountant based in Amsterdam told me his American clients take their filings very seriously. “If they get the IRS going after them, they have a real problem,” he says.

His clients are the savvy ones, though. In my experience, many Americans who move abroad are not aware that they need to file. The US government does precious little to inform its citizens of their obligations in this area. Over several years, I’ve been informally asking Americans I meet abroad if they file their US taxes. Most of them told me they don’t. They only file and pay taxes in their country of residency. They assume that’s enough. But, in fact, they have unwittingly become lawbreakers. If they move back to America, they could find themselves in quite a bit of trouble.

The IRS is enforcing new rules passed in 2010, which extend US taxation laws to non-US banks that deal with American citizens. To no great surprise (except perhaps to the legislators themselves), a side-effect of this is that many banks are closing existing accounts and refusing to accept new business from American would-be customers:

The IRS is currently implementing a new law called the Foreign Account Tax Compliance Act (FATCA). Basically, FATCA requires every bank in the entire world to report the account information of its American clients. So every bank in the world is becoming an agent of the US government. It’s still unclear how FATCA can be implemented because in some countries it violates national privacy laws. However, FATCA stipulates that any foreign bank that fails to comply will be subject to a 30 percent withholding tax on its US income.

January 22, 2014

Private prisons – crony capitalist palaces of injustice

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 00:01

The United States has seen a vast increase in the number of drug offenders (the majority of them non-violent) and a corresponding increase in the private prison industry. As Wendy McElroy explains, these are not free-market solutions to a government problem: they’re monuments to crony capitalism:

The United States leads the world, by a large margin, in the production of at least one thing: prisoners. We have 25 percent of the world’s inmates, but just 5 percent of the world’s population.

Where do they come from? Well, since the Anti-Drug Abuse Act of 1986, the number of American inmates has risen from approximately 300,000 to a currently estimated 2.3 million. This statistic points to the role of drug-related victimless “crime” in creating prisoners.

There are other sources. The “private prison complex” is a creation of crony capitalism through which privileged corporations are paid well for the “care” of inmates and for leasing out prison labor to other businesses.

Ten percent of American prisons are now “privately” operated, for-profit businesses. Between 1990 and 2010, the number of for-profit prisons rose 1600 percent, far outpacing the growth of public ones or the population at large. The likelihood of being arrested is already higher in America than anywhere else in the world. That likelihood will rise if the financial incentives to imprison more people continue or increase.

[…]

“Private” prisons are run by corporations to which government outsources the care of inmates. The corporation receives X tax dollars for each prisoner, quite apart from the actual cost of care. This builds in an incentive to skimp on services such as food and medical care. And, indeed, most prison contracts include a “low-crime tax” or “lock-up quota.” This system means taxpayers compensate the corporation for empty cells if the number of prisoners falls below a set quota. A recent report, “Criminal: How Lockup Quotas and ‘Low-Crime Taxes’ Guarantee Profits for Private Prison Corporations,” found the average “occupancy guarantee” to be 90 percent; in four states, it is between 95 percent and 100 percent. Thus the “private” prison is guaranteed a tax-funded profit.

[…]

The “private” prison industry is private in the same sense that crony capitalism is capitalist. Namely, not at all. It is the antithesis of a truly private industry that competes in the free market, does not accept tax funds, and cannot compel labor. By contrast, the “private” prisons enjoy a monopoly over a service that is created by laws and sentencing policies. They receive tax money and preferential treatment. They exploit captive labor through circumstances similar to plantation slavery.

January 9, 2014

The Anti-Social Behaviour, Crime and Policing Bill, “a revolution in law-making, creating an unprecedented form of blank-cheque state power”

Filed under: Britain, Law, Liberty — Tags: , , , — Nicholas @ 11:30

Josie Appleton on the amazingly restrictive bill wending its way through the UK parliamentary process:

The bill includes Injunctions to Prevent Nuisance and Annoyance (IPNAs), which can be issued against anybody whose conduct — or threatened conduct — is capable — on the balance of probabilities — of causing nuisance or annoyance to any person.

Few things in the public space are incapable of at least annoying someone. Some people can be annoyed by busking, ball games, skateboarding, street preaching, protests, and all the rest of it. As the former director of public prosecutions Lord Macdonald QC judged: ‘It is difficult to imagine a broader concept than causing “nuisance” or “annoyance”. The phrase is apt to catch a vast range of everyday behaviours to an extent that may have serious implications for the rule of law.’

[…]

However, the problems don’t stop with clause 1. Other clauses in the bill include Public Space Protection Orders (clause 55), which allow local authorities to ban any activity which has a ‘negative effect on the quality of life’ of the area. This ban can be applied to particular groups or individuals, and can also impose conditions with which such groups must comply. This is drafted so broadly it could target anything from sleeping rough, collecting for charity, public drinking, begging, feeding pigeons, or smoking in parks. Indeed, the lead civil servant agrees that the law could be used against groups ‘if there is a localised issue’, such as a ‘group of Goths’ or ‘twentysomethings listening to music in a park’.

At base, this bill represents a revolution in law-making, creating an unprecedented form of blank-cheque state power. The aim is explicit: rather than create specific powers, it seeks to remove limitations to local authorities’ actions. The civil servant says: ‘We don’t want to put too many constraints in the legislation.’ Well, there is no danger of that.

The bill completes the transformation of the role of the British local authority, from a limited body concerned with public provision to a summary law-maker and public-order power.

Oh, that’s okay then – Congress has the same constitutional protections as other Americans (i.e., none whatsoever)

Filed under: Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:59

Like Andrew Napolitano, I’m sure all members of congress heaved a sigh of relief when the NSA said that they have exactly the same constitutional right to privacy from surveillance as every other American does. Wait, what?

Last week, Sen. Bernie Sanders, I-Vt., wrote to Gen. Keith Alexander, director of the National Security Administration (NSA), and asked plainly whether the NSA has been or is now spying on members of Congress or other public officials. The senator’s letter was no doubt prompted by the revelations of Edward Snowden to the effect that the federal government’s lust for personal private data about all Americans and many foreigners knows no bounds, and its respect for the constitutionally protected and statutorily enforced right to privacy is nonexistent.

[…]

All of this is background to the timing of Sanders’ letter. That Clapper perjured himself before, and Alexander misled, Congress is nothing new. And the punishments for lying to Congress and for misleading Congress are identical: five years per lie or per misleading statement. Hence, the silence from the NSA to Sanders.

Well, it wasn’t exactly silence, but rather a refusal to answer a simple question. The NSA did reply to Sanders by stating — in an absurd oxymoron — that members of Congress receive the same constitutional protections as other Americans: that is to say, none from the NSA.

The NSA’s refusal to answer Sanders’ question directly is a tacit admission, because we are all well aware that the NSA collects identifying data on and the content of virtually every email, text message and phone call sent or received in the U.S. In fact, just last week, the secret FISA court renewed the order authorizing massive records collection for the 36th time. If members of Congress are treated no differently than the American public, then the NSA is keeping tabs on every email, text and phone call members of Congress send and receive, too.

That raises a host of constitutional questions. Under the Constitution, Congress and the executive branch are equals. The president — for whom the NSA works — can no more legally spy on members of Congress without a search warrant about the members to be spied upon than Congress can legally spy on the president. Surely the president, a former lecturer in constitutional law at the University of Chicago Law School, knows this.

There was a time when the NSA’s failure to answer such a straightforward question as Sanders has asked would have led to hearings and bipartisan investigations. However, Democrats are largely silent, choosing party and personality over principle, and Republicans know all of this started under President George W. Bush and are afraid to open a can of worms — except for King, who apparently likes to be spied upon.

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