Quotulatiousness

August 20, 2013

Another reason to stick with printed books – “undownloading”

Filed under: Books, Business, Law, Media, Technology — Tags: , , — Nicholas @ 10:22

At Techdirt, Glyn Moody has another word you need to know about those convenient ebooks you’ve been adding to your reader:

So, it seems that ebook users need to add a new word to their vocabulary: “undownloading” — what happens when you leave the authorized zone in which you may read the ebooks you paid for, and cross into the digital badlands where they are taken away like illicit items at customs. If you are lucky, you will get them back when you return to your home patch — by un-undownloading them.

What makes this tale particularly noteworthy is the way it brings together a host of really bad ideas that the publishing and distribution industries insist on deploying. There’s DRM that means you can’t make backups; there’s the country-specific usage that tries to impose physical geography on your digital ebooks; and there’s the update that spies on you and your system before deciding unilaterally to take away functionality by “undownloading” your ebooks. And copyright maximalists wonder why people turn to unauthorized downloads….

I have dozens of books stashed away on my iPhone … but they’re all public domain works. I doubt I’ll be adding any DRM-afflicted items to my library any time soon.

Everything Is A Remix

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

Remixing is a folk art but the techniques are the same ones used at any level of creation: copy, transform, and combine. You could even say that everything is a remix.

H/T to American Digest for the link.

August 16, 2013

The one executive power that Obama doesn’t want to exercise – clemency

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:21

Jacob Sullum on the remarkable lack of use of one executive power the US constitution clearly does grant to the president:

[U.S. attorney general Eric] Holder called upon Congress to reform mandatory minimum sentences and outlined steps the Justice Department will take in the meantime to avoid imposing “draconian” penalties on nonviolent, low-level drug offenders. He said his boss, President Barack Obama, shares his concern about mass incarceration and harsh sentences. But Holder neglected to mention that Obama has the power to free people who do not belong in prison — a power he has exercised just once during almost five years in office.

Article 2, Section 2 of the U.S. Constitution gives the president the unilateral, unreviewable authority to “grant reprieves and pardons for offenses against the United States.” So far Obama, who has not otherwise been shy about pushing executive power to the limit (and beyond), has granted 39 pardons, clearing the records of people who completed their sentences years ago, and one commutation, shortening the sentence of Eugenia Jennings, an Illinois woman who was convicted in 2001 of selling 13.9 grams of crack to a police informant. Obama cut her prison term from 22 years to 10, and she was released in December 2011.

That is an amazingly stingy clemency record for a supposedly enlightened and progressive man who before he was elected repeatedly described our justice system as excessively punitive. While running for president in 2008, Obama promised to “review drug sentences to see where we can be smarter on crime and reduce the blind and counterproductive sentencing of nonviolent offenders.” Yet he has granted commutations at a rate that makes Richard Nixon, who declared war on drugs and campaigned as a law-and-order candidate, look like a softie. Nixon granted 60 commutations, 7 percent of the 892 applications he received, during his 67 months in office, while Obama has granted one out of 8,126, or 0.01 percent, over 55 months.

In fact, according to numbers compiled by P.S. Ruckman Jr., a professor of political science at Rock Valley College in Rockford, Illinois, only three of Obama’s predecessors made less use of the clemency power (taking into account pardons as well as commutations) during their first terms: George Washington, who probably did not have many petitions to address during the first few years of the nation’s existence; William Henry Harrison, who died of pneumonia a month after taking office; and James Garfield, who was shot four months into his presidency and died that September.

August 15, 2013

Letting the public share in public domain works of art

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 08:54

Techdirt‘s Glyn Moody on the Getty’s recent innovation in allowing (relatively) unfettered access to public domain artwork in their collection:

Techdirt has published a number of posts that explore the issue of whether art organizations can stop people sharing images of works in their collections when the latter are indisputably in the public domain. Even if museums might be able to claim copyright in their “official” photographic images, the more important question is whether they ought to. The good news is that some institutions are beginning to realize that using copyright monopolies in this way contradicts their basic reason for existing — to share the joy of art. Here, for example, is a wonderful statement of that principle from the Getty Museum entitled “Open Content, An Idea Whose Time Has Come“:

    Today the Getty becomes an even more engaged digital citizen, one that shares its collections, research, and knowledge more openly than ever before. We’ve launched the Open Content Program to share, freely and without restriction, as many of the Getty’s digital resources as possible.

    The initial focus of the Open Content Program is to make available all images of public domain artworks in the Getty’s collections. Today we’ve taken a first step toward this goal by making roughly 4,600 high-resolution images of the Museum’s collection free to use, modify, and publish for any purpose.

    These are high-resolution, reproduction-quality images with embedded metadata, some over 100 megabytes in size. You can browse all available images here, or look for individual “download” links on the Getty Museum’s collection pages. As part of the download, we’ll ask for a very brief description of how you’re planning to use the image. We hope to learn that the images will serve a broad range of needs and projects.

As that makes clear, the scheme is not strictly “freely and without restriction” since you are asked for a description of what you plan to do with the image; there’s also a request that attribution be given. However, these are minor restrictions.

For example, the full-sized version of this photograph of the construction of the Forth bridge in Scotland is available for download:

Cantilevers Complete, 9th July 1889

Cantilevers Complete, 9th July 1889

This image is available for download, without charge, under the Getty’s Open Content Program.

John Fergus
Scottish, July 9, 1889
Photogravure

84.XB.874.3.1.34

Scotland’s Forth Bridge bridge was built to carry the two tracks of the North British Railway one and a half miles over the Firth of Forth between South Queensferry and North Queensferry, a hundred and fifty feet above high tide. This photograph shows the gargantuan structure’s recently completed cantilevers reaching across the firth like outstretched arms. The presence of this mighty bridge drastically altered both the landscape and the lives of nearby residents.

Requiring 55,000 tons of steel, 640,000 cubic feet of granite, and 8,000,000 rivets, the Forth Bridge remains one of the safest bridges in use today. Having witnessed the worst train disaster up to that time in the late 1800s, the Scottish public demanded an exceptionally sound structure. An earlier bridge had swayed and collapsed in the wind, killing seventy-five passengers and crew members on a passing night train. As a result the frightened public needed-and got-a bridge that looked as though it could never tumble down.

August 11, 2013

The Fort Hood court-martial

Filed under: Law, Military, USA — Tags: , , — Nicholas @ 12:06

Mark Steyn on the trial of Major Hasan for “workplace violence”:

On December 7, 1941, the U.S. naval base at Pearl Harbor was attacked. Three years, eight months, and eight days later, the Japanese surrendered. These days, America’s military moves at a more leisurely pace. On November 5, 2009, another U.S. base, Fort Hood, was attacked — by one man standing on a table, screaming “Allahu akbar!” and opening fire. Three years, nine months, and one day later, his court-martial finally got under way.

[…]

He’s admirably upfront about who and what he is — a “Soldier of Allah,” as he put on his business card. On Tuesday, he admitted he was a traitor who had crossed over from “the bad side” (America’s) to “the good side” (Islam’s). He has renounced his U.S. citizenship and its effete protections such as workplace-violence disability leave. He professes loyalty to America’s enemies. He says, “I am the shooter.” He helpfully informs us that that’s his gun. In this week’s one-minute statement, he spoke more honestly and made more sense than Obama, Gates, Casey, the Armed Forces Court of Appeals, two judges, the prosecution and defense lawyers, and mountains of bureaucratic reports and media coverage put together.

But poor old Hasan can say “Yup, I did it” all he wants; what does he know?

Unlike the Zimmerman trial, Major Hasan’s has not excited the attention of the media. Yet it is far more symbolic of the state of America than the Trayvon Martin case, in which superannuated race hucksters attempted to impose a half-century-old moth-eaten Klan hood on a guy who’s a virtual one-man melting pot. The response to Nidal Hasan helps explain why, in Afghanistan and elsewhere, this war is being lost — because it cannot be won because, increasingly, it cannot even be acknowledged. Which helps explain why it now takes the U.S. military longer to prosecute a case of “workplace violence” than it did to win World War Two.

Speculations on why Lavabit went dark

Filed under: Business, Law, Liberty, USA — Tags: , , , — Nicholas @ 11:40

In The New Yorker, Michael Phillips tries to outline the legal picture around the Lavabit shutdown:

In mid-July, Tanya Lokshina, the deputy director for Human Rights Watch’s Moscow office, wrote on her Facebook wall that she had received an e-mail from edsnowden@lavabit.com. It requested that she attend a press conference at Moscow’s Sheremetyevo International Airport to discuss the N.S.A. leaker’s “situation.” This was the wider public’s introduction to Lavabit, an e-mail service prized for its security. Lavabit promised, for instance, that messages stored on the service using asymmetric encryption, which encrypts incoming e-mails before they’re saved on Lavabit’s servers, could not even be read by Lavabit itself.

Yesterday, Lavabit went dark. In a cryptic statement posted on the Web site, the service’s owner and operator, Ladar Levison, wrote, “I cannot share my experiences over the last six weeks, even though I have twice made the appropriate requests.” Those experiences led him to shut down the service rather than, as he put it, “become complicit in crimes against the American people.” Lavabit users reacted with consumer vitriol on the company’s Facebook page (“What about our emails?”), but the tide quickly turned toward government critique. By the end of the night, a similar service, Silent Circle, also shut down its encrypted e-mail product, calling the Lavabit affair the “writing [on] the wall.”

Which secret surveillance scheme is involved in the Lavabit case? The company may have received a national-security letter, which is a demand issued by a federal agency (typically the F.B.I.) that the recipient turn over data about other individuals. These letters often forbid recipients from discussing it with anyone. Another possibility is that the Foreign Intelligence Surveillance Court may have issued a warrant ordering Lavabit to participate in ongoing e-mail surveillance. We can’t be completely sure: as Judge Reggie Walton, the presiding judge of the FISA court, explained to Senator Patrick Leahy in a letter dated July 29th, FISA proceedings, decisions, and legal rationales are typically secret. America’s surveillance programs are secret, as are the court proceedings that enable them and the legal rationales that justify them; informed dissents, like those by Levison or Senator Ron Wyden, must be kept secret. The reasons for all this secrecy are also secret. That some of the secrets are out has not deterred the Obama Administration from prosecuting leakers under the Espionage Act for disclosure of classified information. Call it meta-secrecy.

August 9, 2013

Locking the (electronic) barn door

Filed under: Law, Media, Technology — Tags: , , , — Nicholas @ 08:03

The encrypted email service that was reportedly used by Edward Snowden just announced that it will be shutting down:

Today, Lavabit announced that it would shut down its encrypted email service rather than “become complicit in crimes against the American people.” Lavabit did not say what it had been asked to do, only that it was legally prohibited from sharing the events leading to its decision.

Lavabit was an email provider, apparently used by Edward Snowden along with other privacy sensitive users, with an avowed mission to offer an “e-mail service that never sacrifices privacy for profits” and promised to “only release private information if legally compelled by the courts in accordance with the United States Constitution.” It backed up this claim by encrypting all emails on Lavabit servers such that Lavabit did not have the ability to access a user’s email (Lavabit’s white paper), at least without that user’s passphrase, which the email provider did not store.

Given the impressive powers of the government to obtain emails and records from service providers, both with and without legal authority, it is encouraging to see service providers take steps to limit their ability to access user data, as Lavabit had done.

[…]

Lavabit’s post indicates that there was a gag order, and that there is an ongoing appeal before the Fourth Circuit. We call on the government and the courts to unseal enough of the docket to allow, at a minimum, the public to know the legal authority asserted, both for the gag and the substance, and give Lavabit the breathing room to participate in the vibrant and critical public debates on the extent of email privacy in an age of warrantless bulk surveillance by the NSA.

August 7, 2013

Reason.tv – Radley Balko Discusses Militarization of Police Force

Filed under: Books, Law, Liberty, Media, USA — Tags: , — Nicholas @ 00:01

Published on 6 Aug 2013

“The police have become more militarized, more soldier-like in the last generation or two,” explains journalist and author Radley Balko. “It applies to the weapons they are using, the uniforms they wear…to the tactics they use, to what I think is the most pervasive problem which is the mindset that police officers take to the job.”

Balko, author of the new book Rise of the Warrior Cop: The Militarization of America’s Police Forces, sat down with ReasonTV to discuss the book, the growth and development of SWAT forces, and how the drug war has fostered an “us against them” mentality within police departments.

Balko is a senior writer and investigative reporter at the Huffington Post. His work primarily focuses on the drug war and police abuse. Previously, Balko worked as a senior editor for Reason Magazine.

August 6, 2013

The Electronic Frontier Foundation on reforming the NSA

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 11:36

The EFF has a few suggestions on how to go about reining-in the NSA:

While we still believe that the best first step is a modern Church Committee, an independent, public investigation and accounting of the government’s surveillance programs that affect Americans, members of Congress seem determined to try to enact fixes now. Almost a dozen bills have already been introduced or will be introduced in the coming weeks.

While we’re also waiting to see what the various bills will look like before endorsing anything, here’s — in broad strokes — what we’d like to see, and what should be avoided or opposed as a false response. We know full well that the devil is in the details when it comes to legislation, so these are not set in stone and they aren’t exhaustive. But as the debate continues in Congress, here are some key guideposts.

This first post focuses on surveillance law reform. In later posts we’ll discuss transparency, secret law and the FISA Court as well as other topics raised by the ongoing disclosures. In short, there’s much Congress can and should do here, but we also need to be on the lookout for phony measures dressed as reform that either don’t fix things or take us backwards.

Get used to seeing the term “parallel construction”

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

From Zero Hedge:

Undated documents discovered by Reuters show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial.

“I have never heard of anything like this at all,” is one law professor’s response to the fact that a secretive DEA unit is funneling wiretap, informant, and telephone database information to authorities across the nation in order to launch investigations of Americans (targeting common criminals, primarily drug dealers), “It is one thing to create special rules for national security, ordinary crime is entirely different. It sounds like they are phonying up investigations.”

Agents are instructed to use “normal investigative techniques to recreate the information provided by [the secret DEA source],” and as the documents reveal — “remember that the utilization of [data] cannot be revealed or discussed in any investigative function.”

Stunningly, after an arrest was made, agents then created a “parallel construction” to suggest the information secretly gathered was stumbled up during the course of the investigation — “It’s just like laundering money — you work it backwards to make it clean.” One recently retired federal gent noted, “It was an amazing tool; our big fear was that it wouldn’t stay secret.”

August 3, 2013

“RCMP officers stopping American citizens on the Buffalo side of their border”

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

Where’s the outrage? Nobody seems to care! Oh, but I got the nationalities confused in that headline:

Bit by bit, agreement by agreement, Canada is giving away more and more in the name of trade. To Conservatives, none of this is a threat to our sovereignty, as if the very act of stating so makes it so.

But let us consider this fantasy scenario: RCMP officers stopping American citizens on the Buffalo side of their border. Picture the horrified expression of those resilient New Yorkers as they are forced to slow down on their Interstate highway so as to be greeted by a smiling RCMP officer who is to inspect their property, ask questions about where they live, where they’ve come from, and the like — all part of a so called “pre-clearing” program.

Of course, this scene would never occur. The United States protects, obsessively, their sovereignty. But here in Canada, armed American police officers will now be able to stop Canadians, in Canada, inspecting, checking and asking questions.

Again, the Conservatives will tell us that an armed American cop in Canada is all about trade, jobs and security, not sovereignty. If this is true, then can we not expect to see Mounties stopping Americans on the Buffalo side?

I blogged about this issue last year, too.

August 1, 2013

“That kind of grassroots power tends to make government officials jittery”

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 12:34

J.D. Tuccille looks at the rise of Twitter … not so much its rise in users, but the rise in government interest and interference:

Twitter information requests 2012-13You know you’ve arrived as an online media operation when governments take an interest in who is speaking out, and make efforts to muzzle what’s published. That’s definitely the case with Twitter, the microblogging platform that started as an outlet for exhibitionist ADHD sufferers, only to become a powerful medium for sharing news and grassroots organizing. According to the company’s latest transparency report, governments around the world are issuing ever-more demands for information about the service’s users, and stepping up efforts to suppress tweeted content.

From January 1 through June 30 of this year, Twitter received 1,157 government requests for private information about users and accounts, up from 849 during the same period in 2012. Of those, authorities in the United States were responsible for 902 requests. Twitter complied in whole or part with 55 percent of all requests — 67 percent of those originating in the U.S.

Interestingly, roughly 20 percent of information requests issued by American authorities were “under seal,” meaning that Twitter was forbidden to fulfill its usual policy of informing users about requests for their private information.

BBC News Magazine features Radley Balko’s Rise of the Warrior Cop

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 11:10

Non-embeddable video, so you’ll have to click here to see it.

Police officers in the US today are increasingly not only armed but heavily armoured.

The author and investigative reporter Radley Balko traces this shift in his book Rise of the Warrior Cop: The Militarization of America’s Police Forces.

Balko explains that race riots in the ’60s and America’s war on drugs in the subsequent decades led police departments to adopt weapons, uniforms and tactics inspired by military special forces. He writes that fears of terrorism after 9/11 accelerated the trend — even in unlikely targets such as rural Idaho.

And he argues that the military appearance of officers today makes it much harder for them to connect with civilians in communities they are policing.

Produced by the BBC’s Ashley Semler and Bill McKenna

July 31, 2013

Even police chiefs can get racially profiled

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 12:17

An absolutely fascinating story in the New York Daily News. (It’s from several years back, but brought to my attention today by Radley Balko):

At least one cop has been disciplined for ordering the NYPD’s highest-ranking uniformed black officer out of his auto while the three-star chief was off-duty and parked in Queens, the Daily News has learned.

“How you can not know or recognize a chief in a department SUV with ID around his neck, I don’t know,” a police source said.

Chief Douglas Zeigler, 60, head of the Community Affairs Bureau, was in his NYPD-issued vehicle near a fire hydrant when two plainclothes cops approached on May 2, sources said.

One officer walked up on each side of the SUV at 57th Ave. and Xenia St. in Corona about 7 p.m. and told the driver to roll down the heavily tinted windows, sources said.

What happened next is in dispute.

The congressional defenders of privacy

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:12

Jacob Sullum in Reason:

“This is not a game,” Mike Rogers angrily warned last week, urging his colleagues in the House to vote against an amendment that would have banned the mass collection of telephone records by the National Security Agency (NSA). “This is real. It will have real consequences.”

I hope Rogers is right. Despite the Michigan Republican’s best efforts to portray the amendment as a terrifying threat to national security, it failed by a surprisingly narrow margin that could signal the emergence of a bipartisan coalition willing to defend civil liberties against the compromises supported by leaders of both parties.

Rogers was not surprised by the recent revelation that the NSA routinely collects information about every phone call Americans make, just in case it may prove useful in the future. As chairman of the House Intelligence Committee, he knew about the program for years, and he had no problem with it.

Not so two other Michigan congressmen: Justin Amash, a 33-year-old libertarian Republican serving his second term, and John Conyers, an 84-year-old progressive Democrat first elected in 1965. These two legislators, conventionally viewed as occupying opposite ends of the political spectrum, were outraged by the NSA’s data dragnet, especially since representatives of the Bush and Obama administrations had repeatedly denied that any such program existed.

The measure that Amash and Conyers proposed as an amendment to a military spending bill would have required that records demanded under Section 215 of the PATRIOT Act, which authorizes secret court orders seeking “any tangible things” deemed “relevant” to a terrorism investigation, be connected to particular targets. Although it was a pretty mild reform, leaving in place the wide powers granted by Section 215 while repudiating the Obama administration’s even broader, heretofore secret interpretation of that provision, the amendment was viewed as a quixotic effort.

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